TN THE MATTER OF:
    BEFORE THE ILLINOIS POLLUTION CONTROLBOARD
    R E C E
    YE D
    CLERK’S OFFICE
    BACTERIA (E-COLI) WATER QUALITY
    STANDARD FOR LAKE MICHIGAN
    AND THE MISSISSIPPI RIVER,
    PROPOSED AMENDMENTS TO CODE 302
    AND
    303
    TO:
    Dorothy Gunn, Clerk
    Illinois Pollution Control Board
    James R. Thompson Center
    100 W. Randolph Street, Suite 11-500
    Chicago, Illinois 60601
    RoseMarie Cazeau
    Environmental Bureau
    Assistant Attorney General
    188 West Randolph,
    20th
    Floor
    Chicago, Illinois
    60601
    )
    )
    )
    )
    )
    )
    )
    NOTICE
    MAR
    2
    92005
    STATE OF ILLINOIS
    Pollution Control Board
    R05-10
    (Rulemaking —Water)
    John Knittle, Hearing Officer
    Pollution Control Board
    2125 South First Street
    Champaign, Illinois 61820
    Legal Service
    Illinois Department ofNatural Resources
    One Natural Resources Way
    Springfield, Illinois 62702-1271
    PLEASE TAKE NOTICE that I have filed with the Office ofthe Pollution
    Control Board the MOTION TO SUSPEND ILLINOIS EPA’S PROPOSAL TO AMEND 35
    ILL.
    ADM. CODE 302 AN15303
    on behalf ofthe Illinois Environmental Protection Agency, a
    copy ofwhich is herewith served upon you.
    Date:
    March 24,
    2005
    1021 North Grand Avenue East
    P.O. Box 19276
    Spring field, IL 62794-9276
    217/782-5544
    ILLINOIS ENVIRONMENTAL
    PROT
    CTI
    N AGENCY
    ofLegal Counsel
    THIS FILING IS SUBMITTED ON
    RECYCLED PAPER
    Counsel
    •
    RECEIVED
    CLERK’S OF
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    MAR
    29
    2005
    TN THE MATTER OF:
    )
    )
    R05-10
    STATE OF ILLINOIS
    BACTERIA (E-COLI) WATER QUALITY
    )
    (Ru1emaking-W~r~°~
    Control Board
    STANDARD FOR LAKE MICHIGAN
    )
    AND THE MISSISSIPPI RIVER,
    )
    PROPOSED AMENDMENTS TO CODE 302
    )
    AND3O3
    )
    MOTION TO SUSPEND ILLINOIS EPA’S PROPOSAL TO
    AMEND
    35
    ILL.
    ADM. CODE 302 AND
    303
    The Illinois Environmental Protection Agency (“Illinois EPA”) hereby submits its
    Motion to Suspend Its Proposal to Amend 35 Ill. Adm.
    Code Section 302 and 303 at this
    time.
    In support ofsaid Motion, Illinois EPA states as follows:
    1)
    On November 8, 2004, the Illinois EPA filed with the Board its proposal
    to amend 35
    Ill. Adm. Code Section 302 and 303.
    2)
    On December 16,
    2004, the Board granted Illin?is EPA’s Motion for
    Acceptance and accepted the proposal forhearing.
    A status conference was held on
    March 17, 2005
    and another status conference is scheduled for April
    19, 2005 at 10:00
    a.m.
    3)
    The Illinois EPA filed their proposal because the United States
    Environmental Protection Agency (“U.S. EPA”) determined Illinois did not have water
    quality standards for bacteria that comply with the requirements of Section
    3 03(i) ofthe
    Clean WaterAct.
    See
    33 U.S.C. Section
    1313; See also 40 C.F.R. Part 131.
    Also,
    Illinois EPA indicated to
    U.S. EPA that the agency would filewater quality standards for
    bacteriaby September 30, 2004.
    (See Exhibit D, attached to
    Illinois EPA’s Statement of
    Reasons filed on November
    8, 2004).
    4)
    U.S. EPA stated that if a state, such as Illinois, did not have standards for
    bacteria that complied with
    Section 303(i); U.S. EPA would propose standards
    for those
    states.
    Id.
    5)
    U.S.
    EPA’s proposal for Water Quality Standards for Coastal and Great
    Lakes Recreation Waters was adopted as a final rule on Decemb~r
    16, 2004.
    See Exhibit
    A.
    6)
    Because Illinois has not adopted water quality standards for bacteria that
    comply with Section 303(i) before December 16, 2004, the Federal Water Quality
    Standards for Coastal
    and Recreation Waters will now apply to Illinois’
    coastal recreation
    waters1.
    Id.
    7)
    Since the
    filing ofthis rule, Illinois EPA participated in a telephone
    conference with U.S. EPA on November 8, 2004.
    During this telephone conference, U.S.
    EPA indicated they intend to file new bacteria criteria in October 2005 and the indicator
    organism will not be either fecal coliform or
    E-coli.
    Also, it is unclear at this time if U.S.
    EPA’s new bacteria criteria will be forjust Great Lake Coastal Recreation Waters or for
    all surface waters.
    8)
    Therefore, based on this information Illinois EPA requests at this time the
    docket in this rulmaking be held open until U.S. EPA’s new bacteria criteria is
    determined.
    U.S. EPA’s
    rule forE.
    coli
    in fresh coastal recreation waters requires
    a geometric meanof 126/lOOmi
    with four different single sample maximums, which varybased on intensity of use.
    ..~
    40 CFR 131.
    U.S.
    EPA’s rule for marine coastalrecreation waters requires
    a geometric
    mean
    of35/lOOmi with four different
    single sample
    maximums based on intensity of use.
    ~
    40 CFR 131.
    2
    9)
    By holding this docket open until U.S. EPA’s new bacteria criteria is
    determined, it would allow forIllinois EPA to better use its resources to evaluate the
    waters ofthe state and perhaps propose a bacteria standard for all waters ofthe state
    •
    instead ofjust
    focusing on Lake Michigan and the Mississippi River.
    10)
    Illinois EPA contends that continuing with this rulemaking at this time
    would not be ofany economical use oftime for the Board or party participants, since
    U.S. EPA has indicated they are in the process of changing the criteria for bacteria this
    fall.
    11)
    Also, there is no urgency for this rule to proceed at this time since Illinois
    is now required to follow the federal standard.
    12)
    Furthermore, the Illinois Department ofPublic Health is responsible for
    monitoring Illinois’ beaches and they already use
    E.
    coli
    has the indicator organism.
    13)
    Finally, should the Board grant Illinois EPA’s Motion to Suspend, the
    Agency recommends quarterly status case calls be held in this matter with the hearing
    officer and the Agency, so the Agency can keep the Board and interested parties apprised
    ofsignificant developments or progress in this matter.
    3
    WHEREFORE, the Illinois EPA respectfully request this Board grant its Motion
    to Suspend this Rulemaking until further iiiformation is acquired from U.S. EPA
    concerning bacteria water quality standards.
    Respectfully submitted,
    ILLINOIS ENVIRONMENTAL
    PROTEC.~’IO~
    AGENC~/
    ‘i
    •
    By:\J7jJ//(/L&9
    i
    sion of Legal Counsel
    Date:
    MarclP(’t, 2005
    1021
    N. E. Grand Avenue East
    P.O. Box
    19276
    Springfield, Illinois 62794-9276
    217-782-5544
    4
    STATE OF ILLINOIS
    COUNTY OF
    SANGAMON
    )
    )
    SS.
    )
    PROOF OF SERVICE
    I, the undersigned, on oath state that I have served the attached Motion to Suspend
    Illinois EPA’s Proposal to Amend 35 III. Adm. 302 and 303
    upon the person to whom it is
    directed, by placing it in
    an envelope addressed to:
    TO:
    Dorothy
    Gurm, Clerk
    Illinois Pollution Control Board
    James R. Thompson Center
    100 W. Randolph Street, Suite 11-500
    Chicago, Illinois
    60601
    RoseMarie Cazeau
    Environmental Bureau
    Assistant Attorney General
    188 West Randolph, ~
    Floor
    Chicago, Illinois 60601
    John Knittle, Hearing Officer
    Pollution Control Board
    2125
    South First Street
    Champaign, Illinois 61820
    Legal Service
    Illinois Department ofNatural Resources
    One Natural Resources
    Way
    Springfield, Illinois 62702-1271
    and mailing it by First Class Mail from
    Springfield, Illinois on March 24, 2005, with sufficient
    postage affixed.
    SUBSCRIBED AND SWORN TO BEFORE ME
    this
    24th
    day ofMarch, 2005
    £7Z~A~A4~)
    hç~\.
    ~:~_i
    ~
    Notary Public
    :~P~\xo•
    f
    OFFICIAL
    SEAL
    BRENDA
    BOEHNER
    •
    NOTARY
    PUBLIC.
    STATE
    OF
    ILLINOIS
    ~MY COMMISSION
    EXPIRES
    1I-~4-2005)
    THIS FILING IS SUBMITTED
    ON RECYCLED PAPER

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