n(~fl1~’ll/~\fl RECEIVED
BEFORE THE ILLIN
/1j~4hJ~tJ4jIflJN1~j~9L
BOARDCL~RRSOFFICE
POllUtiOnSTATE
~PR
OF
Control
122002
IWNOIS
Board
PROPOSED AMENDMENTS TO
)
AMMONIA NITROGEN STANDARDS
)
35
Iii. Adm. Code
)
NOTICE OF FILING
TO:
Illinois Environmental Protection Agency
Division ofLegal Counsel
1021 North Grand Avenue East
Illinois Environmental Protection Agency
P.O. Box
19276
1021 North Grand Avenue East
Springfield, IL 62794-9276
P.O. Box 19276
Springfield, IL 62794-9276
Office ofthe Attorney General
Division Chief ofEnvironmental Enforcement
188 West Randolph Street
Chicago, IL 60610
See Attached Service List
PLEASE
TAKE
NOTICE
today that I have filed with the Clerk ofthe Illinois Pollution
Control Board
Second Written Testimony of Michael Callahan and Second Written
Testimony of Robert J. Sheehan
a copy ofwhich is herewith served upon you.
Respectfully submitted,
One
4(~_~
of Attorneys for Petitioner
Dated: April 12, 2002
Roy M. Harsch
Sheila H. Deely
GARDNER, CARTON
&
DOUGLAS
321 North Clark Street
-
Suite 3400
Chicago, Illinois 606 10-4795
(312) 644-3000
IN THE MATTER OF:
R02-19
(Rulemaking
—
Water)
THIS FILING
IS SUBMITTED ON RECYCLED P4PER
RECEIVED
CLER1C’~
OFFiCE
BEFORE
THE ILLINOIS POLLUTION CONTROL
BOARD
/~PR
1
2 2002
PROPOSEDIN
THE MATTERAMENDMENTSOF:
TO
))
R 02-19
ollutlonSTATE
OFContr018
oord
AMMONIA NITROGEN STANDARDS
)
35
Ill. Adm. Code
)
)
SECOND WRITTEN TESTIMONY OF MICHAEL
CALLAHAN
ON BEHALF OF THE ILLINOIS ASSOCIATION OF WASTEWATER AGENCIES
Introduction
My name is Michael Callahan. I previously filedtestimony on behalfofthe Illinois
Association ofWastewater Agencies (IAWA) to explain the Proposed Rulemaking. I am here on
behalfofthe IAWA to explain the revisions that were made to the Proposed Rule, which were
filed on April 2, 2002.
The Proposed Rule was revised to include all ofthe suggested revisions specified in the
prior testimony ofRobert Mosher on behalf ofthe Illinois Environmental Protection Agency,
which was presented at the first hearing. In addition, the revised Proposed Rule changed several
provisions to address certain comments by Board Member Flemal put forth at the first hearing in
this matter. These suggestions included revising the terms “Summer” and “Winter”. These
terms were changed to “Early Life Stage Present” and “Early Life Stage Absent,” which
correspond with the time periods intended to be covered with the prior terms. See Section
302.2 12(b)(2) and (e). No changes to the time periods have been made. In addition, IAWA
added a definition of“Early Life Stage,” which was taken from the ORSANCO rule. This
change is consistent with the analysis IAWA undertook in preparation for this rulemaking. Dr.
Robert Sheehan will address this change in further detail. IAWA also made other minor changes
for the purpose of clarification. IAWA added the word “water” before temperature throughout
1
the mie, and clarified Section 302.212(c)(3) to address the sampling required to evaluate
attainment.
CHO2/22182371.1
2
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
/~1PR1 2 2002
IN THE MATTER OF:
)
Pollutjo,
STATE
7
OF
Control
ILUi~OIS
Boa d
PROPOSED AMENDMENTS TO
)
R 02-19
T
AMMONIA NITROGEN STANDARDS
)
(Rulemaking
-
Water)
35 Ill. Adm. Code
)
SECOND WRITTEN TESTIMONY OF ROBERT J. SHEEHAN
I am Robert J. Sheehan, Professor of Fisheries in Zoology and Assistant Director
ofthe Fisheries and Illinois Aquaculture Center, Southern Illinois University Carbondale.
I am commenting today on the revised Proposed Rule filed by the Illinois Association of
Wastewater Agencies (“IAWA”), and specifically issues relating to the database of
spawning dates of fish that I prepared in connection with this rulemaking. I testified in
detail on this subject at the first hearing to address the Proposed Rule filedby IAWA.
The revised Proposed Rule adds a definition for “Early Life Stage” at Section
302.100. This definition is consistent with my work in this matter. Because the U.S.
Environmental Protection Agency’s National Criteria Document,
Ambient Water Quality
Criteriafor Ammonia—1999,
on which this rulemaking is based, does not define “early
life stage,” representatives of IAWA and myself looked to other sources for a concise
definition. The ORSANCO rulemaking contained the following defmition:
“Early Life Stages” of fish means the pre-hatch embryonic period, the post hatch
free embryo or yolk-sac fry, and the larval period, during which the organism
feeds. Juvenile fish, which are anatomically rather similar to adults, are not
considered an early life stage.
I believe this definition is concise and accurate.
I used this definition in my
determination ofwhen the “early life history stages present” water quality criteria should
be applied in Illinois.
At the first hearing in this matter, Board Member Flemal also inquired about the
word “indigenous,” in describing the fish that are considered in connection with the water
quality standard before the Board. I believe that it is not necessary to add “indigenous”
and it would unnecessarily complicate this issue. Certain species stocked by the Illinois
Department of Natural Resources, such as the striped bass or muskie, may not be
indigenous to Illinois waters, but it might still be appropriate to consider the early life
stages ofthese species in deriving water quality standards. I believe that the limitation to
fishes that are not salmonids adequately addresses the fish species to be considered. No
reproducing salmonid populations are found in Illinois waters that receive NPDES point
source discharges.
CH02122
182375.1
2
CERTIFICATE OF SERVICE
The undersigned certifies that a copy ofthe foregoing
Notice of Filing Second Written
Testimony of Michael Callahan and Second Written Testimony of Robert J. Sheehan
were
filed by hand delivery with the Clerk ofthe Illinois Pollution ControlBoard and served upon the parties
to whom said Notice is directed by first class mail, postage prepaid, by depositing in the U.S. Mail at 321
North Clark Street, Chicago, Illinois on Friday, April 12, 2002.
eila H. Deely
R02-19 Service List
Ammonia Nitrogen Standards
Mike Callahan
Bloomington Normal Water Reclamation District
P.O. Box 3307
Bloomington, IL 61702-3307
Dennis Duffield
Department ofPublic Works City ofJoliet
921 E. Washington Street
Joliet, IL 60433
LisaM. Frede
Chemical Industry Council
9801 W. Higgens Rd,
-
Suite
515
Rosemont,IL 60018
James T. Harrington
Ross & Hardies
150 North Michigan Avenue
Suite 2500
Chicago, IL 60601
Katherine Hodge
Hodge Dwyer Zeman
3150 Roland Avenue
Springfield, IL 62705
Robert A. Messina
Illinois Environmental Regulatory Group
215 East Adams Street
Springfield, IL 62701
Irwin Polls
Metropolitan Water Reclamation District Of Chicago
6001 West
Cicero, IL 60804
Marie Tipsord
Attorney, Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, IL 60601
Larry Cox
Downers Grove Sanitary District
2710 Curtiss Street
Downers Grove, IL
60515
Albert Ettinger
Environmental Law & Policy Center
35 B. Wacker Drive
-
Suite 1300
Chicago, IL 60601
Dorothy Gunn
Clerk, Pollution Control Board
100 West Randolph
-
Suite 11-500
Chicago, IL 60601
Ron Hill
Metropolitan Water Reclamation District
100 East Erie
Chicago, IL 60611
Margaret P. Howard
Hedinger & Howard
1225 5. Sixth Street
Springfield, IL 62703
Tom Muth
Fox Metro Water Reclamation District
682 State Route 31
Oswego, IL 60543
Sanjay Sofat
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Springfield, IL 62794-9276
Tim Bachman
UrbanalChampaign Sanitary District
1100 E. University Avenue -P.O. Box 669
Urbana, IL 61803
R02-19 Service List
Ammonia Nitrogen Standards
Jim Daugherty
Thorn Creek Basin Sanitary District
700 West End Avenue
Chicago Heights, IL 60417
Catherine F. Glenn
Illinois Pollution Control Board
100 W. Randolph Street
Suite 11-500
Chicago, IL 60601
David Zenz
CTE Engineers
303 East Wacker Drive
-
#600
Chicago, IL 60601
Susan M. Franzetti
SorinenscheinNatha & Rosenthal
8000 Sears Tower
Chicago, IL 60606
Deborah J. Williams
Illinois Environmental Protection Agency
1021 N. Grand Avenue East
P0 Box 19276
Springfield, IL 62794-9276
Michael Zima
DeKalb Sanitary District
P0 Box 624
DeKalb,IL 60115
CHO1/12209948.1
