MPY—09—2003.
16:36
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2177829807
P.02/21
BEFORE THE ILLIN(
BOAR~~~
OF ~
CLER~S4PflCE
NORTH SHORE SANITARY DISTRICT,
)
STATE OF ILLINOIS
Petitioner,
Pollution
Control
Board
)
PCB No. 03-146
)
(Permit
Appeal)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
•
NOTICE
To:
Dorothy
Gunn,
Clerk
Fred C. Prillaman
Illinois Pollution Control Board
Mohan, Alewelt, Prillaman & Adami
James R. Thompson Center
1
North Old Capital Plaza, Suite
325
100 West Randolph Street
Springfield, Illinois
62701-1323
Suite 11-500
Chicago, Illinois
60601
BradleyP. Halloran.
Hearing Officer
James R.
Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois
60601
PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk of
the Illinois Pollution Control Board an original (1) and nine (9) copies ofa
MOTION
FOR
LEAVE FROM HEARING
OFHCER TO
FILE
A
SUPPLEMENT TO THE
ADM1NISTRATWE
RECORD and the
SUPPLEMENT
TO
THE
ADMINISTRATiVE
RECORD ofthe Respondent, ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
a copy
ofwhich is herewith served upon the Hearing Officer
and the attorney for the Petitioner, NORTH SHORE SANITARY DISTRICT.
Respectfully submitted by,
Robb H. Layman
Dated: May
9,
2003
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North t~andAvenue East
P.O. Box
19276
Springfield, Illinois
62794-9276
Mfl’i’—D9—2003.
16:36
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P.03/21
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
NORTH SHORE
SANITARY DISTRICT,
)
)
Petitioner,
)
)
PCBNo.03-146
V.
)
(Permit Appeal)
)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
)
Respondent.
)
MOTION FOR
LEAVE FROM HEARING OFFICER
TO
FILE
A SUPPLEMENT TO THE
AJ)MINISTRATWE
RECORD
NOW COMES the Respondent, the ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY (“Illinois EPA”), and moves for leave from the Hearing Officer to Supplement the
Administrative Record in this cause.
In support of this Motion,
the illinois EPA states as
follows:
1.
The Illinois EPA filed the Administrative Record in this cause on April
11, 2003.
The
Administrative Record was compiled by theundersigned attorney, together with the assistance of
two other Illinois
EPA employees from the Division ofAir Pollution Control’s (“DAPC”)
Permits
Section, Mr. Jason Schnepp and Mr. Christopher Romaine,
who were directly involved
in the pennit application that is subject to this
appeal.
2.
A hearing in the above-captioned appeal is scheduled forThursday, May 15, 2003.
3.
Tn preparation ofsaid hearing, the undersigned attorney met with both ofthe
aforementioned Permits Section employees to discuss relevant points ofthe subject appeal. As
part ofthose discussions, it was revealed to the undersigned attorney that six (6) background or
informational
documents, namely news clippings relating to both the Petitioner, NORTH
MRi’—0~9—2003. 16:36
2177829807
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P.04/21
SHORE
SANITARY DISTRICT (“NSSD”) and mercury emissions affecting Lake Michigan,
may have influenced the DAPC’s Permits Section in making its pennitting decision to request
additional information.
4.
These documents were not included in
the preparation of the Administrative Record in
this cause.
This circumstance appears to have been due to the nature ofthe documents, which
consist ofhistorical or background information that, in all but one instance, came into the Illinois
EPA’s possession prior to the receipt ofNSSD’s formal permit application.
5.
The filing ofthe Illinois EPA’s Supplement to the Administrative Record will not result
in any hardship orprejudice to the Petitioner or any otherperson as neither the nature ofthe
documents nor the Illinois EPA’s reliance upon the same are controversial or out ofthe ordinary.
WHEREFORE, the illinois
EPA respectfully requests that the Hearing Officer grant
leave for the filing of a Supplement to the Administrative Record in this cause or, in the
alternative, order such relief as may be deemed appropriate.
Respectfully submitted by,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Robb H. Layman
Special Assistant Attorney General
Date: May 9, 2003Illinois En’viromnental Protection Agency
Division ofLegal
Counsel
1021
North Grand Avenue East
P.O. Box
19276
Springfield, IL 62794-9276
(217) 524-9137
This
Filing
Submitted
on
R.ecy~led
Papet
MA~—~9—200318:36
2177829807
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P.05/21
STATE OF ILLINOIS
COIThTY OF SANGAMON
AFFIDAVIT
I, Christopher Romaine, being first duly sworn, depose and state that the following
statements set forth in this instrument are true and correct, except as to
matters therein stated to
on information and belief and,
as to
such matters, the undersigned certifies that he believes the
same to
be true:
1.
I am employed by the Illinois Environmental Protection Agency (“Illinois EPA”) as a
professional engineer.
I am the Manager ofone ofthe analysis units in the Division ofAir
Pollution
Control’s Permit Section whose offices are located at 1021 North Grand Avenue East,
Springfield, Illinois.
I have been employed with the Illinois EPA since 1976.
2.
As part ofmy job responsibilities, I assisted in thepreparation of a letter, entitled
“Request for Additional Information,” that the Illinois EPA sent to NSSD as it related to a
construction permit application, Permit Application No. 01040045.
By virtue ofmy involvement
in said matter, I am familiar with the general issues presented in thepending permit appeal.
3.
I have read the attached Motion for Leave to File a Supplement to the Administrative
Record and, further, find that the facts set forth in said Motion are true and correct to the best of
my knowledge and belief.
Further affiant sayeth not.
Subscribed and Swoj~~
To Before Me this
~
Day ofMay 2003
OFFICIAL
SEAL
BRENDA BOEHNER
*
NO1AI~YPUBLIC.
51AT~O~ILLIN0~S
~.
~MY COMMISSION
~XP~R~S
1
4.~QQ5~
MP~—0~—2003.16:36
2177829807
2177829807
P.06/21
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF
ILLINOIS
NORTH SHORE
SANITARY DISTRICT,
)
)
Petitioner,
)
)
PCBNo.03-146
v.
)
(Permit Appeal)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
SUPPLEMENT TO
TILE
ADMINISTRTWE
RECORD
NOW COMES theRespondent, the ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY (“Illinois EPA”), and by and through its
attorneys and
pursuant to the procedural requirements ofthe illinois Pollution
Control Board (“Board”)
set forth in 35111.
Adm.
Code
105.2 12(a), files a Supplement to the Administrative
Record in this cause.
1.
This matter originates
from
a requested revision to
an air construction permit that
the Petitioner, NORTH SHORE
SANITARY DISTRICT (“NSDS”), submitted to the
Illinois EPA on February
12, 2003.
2.
Following a preliminaryreview ofthe permit application, the illinois
EPA issued
a Request for Additional Information to NSSD on March 3, 2003.
NSSD subsequently
filed a Petition for Permit Review (hereinafter “Petition”) with the Board on March 7,
2003.
The Illinois EPA received notice ofthePetition on March 10,2003.
3.
The Illinois EPA filed the Administrative Record in this cause on April
11, 2003.
4.
For reasons set forth in the accompanyingMotion for Leave to File a Supplement
to the Administrative Record that was directed to the Hearing Officer in this cause, the
MR’i’—09—2003
16:36
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2177829807
P.07/21
Illinois
EPA herewith is filing ten copies (i.e., a signed original and nine (9) duplicate
copies) ofthe Supplement to the Administrative Record.
One copy is being served, by
both facsimile and first class mail, upon the Petitioner and one copy is being served, by
both facsimile and first class mail, with the assigned Hearing Officer.
5.
The supplemental materials to
the Administrative Record consist ofnon-
privileged documents, as were made only recently known and available to the
undersigned attorney through other Illinois EPA personnel, that were relied upon by the
illinois EPA in making its
permit decision to request additional information.
A general
description and referenced page numbers ofthose documents is set forth below
and
reflects a continuation ofthe earlier Administrative Record filed by the Illinois EPA:
Document reference
Page
J.
News or informational clipping, dated February 13, 2003,
124
conàerning NSSD’s plans for the Waukegan sludge
processing plant.
K.
News clipping
from
the Chicago Tribune, dated October
125-126
23, 2002, relating to NSSD’s plans to build the sludge processing
plant.
L.
News clipping from the Chicago Tribune, dated October
127-128
15,
2002, relating to NSSD’s purchasing ofequipment to
reduce mercury emissions at the sludge processing plant.
M.
Letterto the Editor from Director Cipriano, Illinois EPA,
129-130
published in the Chicago Tribune on August 19,2002,
relating to concerns about NSSD’s proposed sludge-
processing plant.
N.
Facsimile coverpage, dated August 2, 2002, and attached
13 1-133
Congressional Record document, undated, concerning proposed
federal legislation to reduce mercury emissions in the
Great Lakes
area.
M~Y—O9—2003 16:36
2177829807
2177829807
P.08/21
Document reference
0.
News clipping from the News Sun, undated, that was contained
134-135
within an email, dated July 15, 2002, from Tammy Mitchell
to Christopher Romaine et at., concerning NSSD’s proposed
sludge processing plant.
Respectfully submitted by,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Robb H. Layman
Special
Assistant Attorney General
May 9, 2003
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box
19276
Springfield, illinois 62794-9276
(217)524-9137
This filing is submitted on recycled paper.
MRY—O9—200~
16
36
2177829807
2177829807
P.09/21
CERTIFICATE
OF
SERVICE
I hereby certify that on the
9th
day ofMay, 2003, I did send, by First Class Mail
with postage thereon fully paid and deposited into thepossession ofthe United States
Postal Service, one (1) original and nine (9) copies ofthe following instrument entitled
MOTION FOR
LEAVE FROM HEARING OFFICER
TO
FILE A SUPPLEMENT
TO THE
ADMINISTRATIVE RECORD and the SUPPLEMENT
TO
THE
4DMINISTRATIVE RECORD ofthe Respondent, ILLINIOS ENVIRONMENTAL
PROTECTION AGENCY, to:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, illinois
60601
and a true and correct copy ofthe same foregoing instrument, by First Class Mail with
postage thereon fully paid and
deposited into the possession ofthe United States Postal
Service, to:
Fred C. Prillaman
Bradley P. Halloran
Mohan, Alewelt, Prillaxnan & Adami
Hearing Officer
1
North Old
Capital Plaza, Suite 325
James R. Thompson Center
Springfield, Illinois
62701-1323
100 West Randolph Street,
Suite 11-500
Chicago, illinois
60601
In addition, true and correct copies ofthe samewere sent on this same date, by facsimile,
to both the attorney for the Petitioner and theHearing Officer.
•
Robb H. Layman
Special Assistant Attorney General
This filing is submitted on recycledpaper.
MPi—09—2003
18:37
2177829807
•
2177829807
P.10/21
Febn.Jary
13~2~O3
Con~ct:
Francis
X
Lyons1
Attorney
at Law,
Gardner, (~rton
&
Dou~as.
312/ 56g-1~444
•
NORTH
SHORE SANiTARY
DISTRICT TELLS
COURT CoNSflWC~IOW
OF
ENVIRONMENTALLY CLEAN PROCESSING
PLANT MUST
EEGZN,
PRO3~CT
WIL.L
HAVEZERO
TO
BELOW
QUANTIFIABLE
MERCURY EMISSIONS
State
Air
Permi? Requires
&~U~~7/7g
to Pegin
Ted700Icgy Used Th,ou?/7outEua~oe
and
1i?;
Landfills Vñl/ SOon
No
Longer
Be Requfr~d
WAUKEGAN
-
The
North Shore
Sanitary Pistrict will
begin
constii~cUngft~
environrrientafly
dean
sludge tr~athient
plant In
Waukegan, the
district’s lawyers tcld
a Lake
County judge tDday.
At
t~te
same
time tM
District says it
has
r~ponded
to concerns
of.stata,
local
and
federal officials
and
env~ronrnerd~I
groups
and
engineered
a
solution to reduce
mercury
emissions to r~age
from
zero
to
below
quantifiable levels.
The
Disbict’s
lawyers say
construction
will
commence over the
objection
of
city officials,
be~use
It is stheduied
to begin
under
the
Illinois EPA
air permit.
The
EPA
permit
mandates
ccrts~ucUon
begins within
a year
of
Issuance.
~From
the very beginning, the
North Shore
Sanitary
District
has worked
tr
do
the
right
thing
forthe
people
of
this region
arid
the
environment.
Constructing
this
processing
plant
is
the right thing to do,” said District lawyer rrands X
Lyons, former regional administrator of the
U.S.
E,P.A,
~egien
V
under President Clinton.
‘1The District commends the leadership
and
contribution
of the many
local,
stete
and federal
officials and environmental organizatIons.
In
response to
their
cornmen~,
the
prtiject
will
indude
controls
that will
reduce
the
mercury
emissions to below
quantifiable
levels.
Nat only is that a big Improvement
over
the
project’s
original scopes it Is a vast
improvement
over the District’s pr~enit
day
deposit of more than 30
pounds
of
mercury
into
its
landl9lls.
Nearby lakefront power
plants
are emitting nearly
1200
pounds of mercury
compounds
Into
the
environment
annually,”
Lyons
pointed out that
b~idestreating
the
wastewater
of nearly
3~O,O0O
citizens,
the
district’s
job is to
protect
the
water end
the rest ofthe environment
It
also
has
a
responsibility
to perform these
jobs in
a fiscally
responsible
manner,
in the
meantime the following fa~
have added
up
to
create a problem
that the le~1ionarid the district can
no
longer avoid.
According
to district General Manager Brian )erisen:
-. —
-•
•
The
Sanitary D~strcct
treats nearly
20
trillion gallons of wastewater from 350,000
residents every year.
Development
in
the
North
Shore
area
continues unabated
and
demand
on
the
system
wilJ grow exponentially.
•
Every
workday
12
semi-trucks
carry wet sludge th
nearby
landfills.
The
district
currently
mixes
the
sludge
with fly-ash
In
order to
produce
a stable
disposable
product,,
however
the supply of
fly-ash
to
the
district will
soon be terminated.
•
WhUe municipal
bodies use
landfills
across
the country, they
are
no longer cutting edge
environmental
technology.
The District
will
no
longer
have
Jandifi)
space
In seven years,
with lit~e
hope
of
getting a
new
landfilL
•
Waste
coritains
many potential
toxins.
Though
sanitary districts across
the
country work
very hard to contain risks, we know from
local
and
national
experience
that
landfills
sometimes leak
or worse.
000124
MR~—0S—20U3.
16:
37
2177829807
2177829807
Tribune
Lawsuit on table in sludge impasse
Page
1 of2
i~I~i
4SO
F
October23,
2002
HeiJo, ~hr~r~m~ine
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reports
Lawsuit on
table
in
sludge
impasse
Sanitary district may build plant,
ignore
Waukegan
By
Marcia Sagendorph
Special
to the Tribune
Published October23,
2002
North
Shore Sanitary District officials plan to meet Wednesday
to discuss
whether to sue Waukegan
after the City Council unanimously rejected
the
agency’s proposal
to build
a sludge-burning plant on the Lake Michigan
shore
E-mail
~
Printer
P
Search
The sanitary district’s directors
also will discuss whether to immediately begin construction
city’s vote, district general manager Brian Jensen said Tuesday.
‘There is no
basis fordenying any
o
attorney Mark Furlane told aldermer
Judiciary Committee voted Monday
the plant. ~Now
we will see you in
cc
‘That’s fine,” Aid.
Larry
TenPas saic
here.”
Later Monday, the full City Council~
zoning request that the sanitary dist
build the $26 million plant. The ager
spent $10 million
on
start-up
costs ~
received shipment of all
the
parts, ~
storage.
For months, the city and the sanitar
sparred over the plant, where sewal
dried and melted into a glasslike re~
be ground
up and
used to make cer
The sanitary district has said the pla
alternative to burying sludge
in
a
landfill. The city has argued that the plantwould hurt its la~
redevelopment effort, and
that it would pose an environmental
hazard because it would rele
The sanitary district
treats
sewage for about 350,000 people who
JIve near the lakefront in L
The plant would turn
187,000 tons of sludge generated daily into 7.5 tons of a glasslike resi
23,000-square-foot buiJding would be built
on an unused
parking lot at the agency’s Waukel
Treatment Plant.
“Environmentally, this is the best treatment available for sludge,” Jensen said.
“We
are envi
Our main concern
is the environment.”
Yet environmentalists have been among the staunchest ~pponerifsoftheplant, saying itwc
mercury into
the air arid further pollute the lake
Jensen said the sanitary districtspent $400,000 in the
last year to find ways to reduce merc
He said
they discovered a cyclone furnace that would reduce the emissions to
a
barely perc
C00125
F. 11/21
Story
search~Last
7
days
Older than
7 days~
MR~—O9—2~O3 18:
37
217782~8O7
21 7782S807
Chicago Tribune
Lawsuit on table in sludge impasse
I.,
-~
Disaster at No.
5
Mine
~jTh~tandinp
A
portrait
Qf~merica
one year
later
~in:Th
fell
~f Andersen
R~di$covered
score
pianist’s last
leqac’~
All
speci~/
r~pQrit~
P.12/21
Page2
of2
“It would be between zero to
1.8 pounds per year,” Jensen said.
The Illinois Environmental
Protection Agency issued a
permit
for the plant
iii
March that woi
emissions of up
to
92 pounds of mercury peryear.
The city sued the district in Lake County Circuit Court in December to stop it from
building
tt
___________________
‘We fully intend to
build this facility in Waukegan,” Jensen said.
“It is our belief that
a
local
a
shouldn’t tell
a
regional authority what to do~”
___
Waukegan Aid. Sam Cunningham said
he was frustrated with the “arrogance”that the distri
toward the
city.
“You’re not going to come to our city and
tell us what to
do,” Cunningham said
Copyright c~
2002,
Chca~oThbune
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16:
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217782S807
P. 13/21
~C1~icago
Tribune
Agency
cites way to
lower
mercury
Page
1 of2
JOBS
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October
15, 2002
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Story search; Last
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-
Agency cites way
to
lower mercury
Sanitary district tries
to
win
OK
for waste plant
By Susan
Kuczka
Tribune staff reporter
Published October 10,
2002
f~
_____
Printer
Hoping to silence
its critics,
the
North Shore Sanitary District is spending
P
Search
$375,000 on equipment
it says will drastically reduce mercury emissions from
a waste-treatment plant it wants to build on Waukegan’s Lake
Michigan shore.
With
the equipment, the $26 million plant would
release
no more than
1.7 pounds
of mercur
said James Swarthout,
president of the district.
But critics say that still w~uId
be too
U.S. Rep- Mark Kirk (R-Jll.)
arid
loca
environmentalists said Wednesday
continue to
oppose
the plant, which
would
be the first new source of
mercury
pollution
in Lake Michigan
in at
least a decade.
‘We ought to develop
a solution that involves putting
no new mercury into Lake Michigan,”
F
recently asked the U.S. Environmental Protection Agency to revoke
the
sanitary
district’s pa
the plant.
The plant
proposal has drawn criticism on more than .one front.
The City of Waukegan sued to block construction. City officials said the plant would hurt effc
redevelop
the downtown and lakefront. A Lake Countyjudge
ruled
that the district must get
approval for the plant. The district has appealed that ruling to the Illinois Appellate Court.
Environmentalists oppose the plant
because
of the mercury it would
release. Lake Michigan
federal fish consumption advisory because
of mercury contamination. Mercury
is
a
naturally
potent neurotoxin that can become concentrated
in fish.
“The
lake
is already telling us there’s too much mercury in it,” said Cameron Davis,
executiv
Lake Michigan Federation, an environmental group lobbying lawmakers to block the plant.
The sanitary district
treats
sewage for an estimated 350,000
customers who five near the lal
County.
The new plant would allow the district to burn
its sludge rather than bury
it in a land
would replace the
district’s
landfill operation near Zion.
District officials said the amount of mercury the plant would release
is small compared with
-
released by coal-fired plants, such as the one Midwest Generation operatesin Waukegan,
sanitary district’s waste-treatment facility.
The Midwest Generation plant, which produces electricity, discharges at least 300 pounds
c
annually into the atmosphere, said
Doug McFarlan, company spokesman.
Special
reports
There are no restrictions on
the amount of mercury the
Midwest ~enerationplant and
other
release. The federal government is expected
to issue mercury guidelines for those plants b~
McFarlafl said.
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217?82~8O7
MA~—0S--2003
16:3?
2177S2SE~7
,~icago
Tribune
Agency cites way to
lower mercury
/
-
Disaster
at N~.
5
Mine
Still standing:
A portrait
of America one year
later
~n~Th
fell pf
And
Rediscovered
score
pianists
last legacy
Al!
special
report-s
F. 14/21
Page 2 of2
~warthoutsaid it is unfair forcritics
to single out the
sanitary districts
plans.
‘We collect about 33 pounds of mercury a year, but with this
new system, well be able to g~
1.7
pounds of
it,” Swarthout said.
“The big
issue for
us has been with the mercury,
arid
I
thir
issue.”
The plant would use a drying and melting process to convert sludge into
a
ceramic or
glassl
that could be used
in road construction. The process would release some
mercury
into the
where it could eventually make
its
way into
Lake Michigan.
The Illinois EPA approved the project in March and issued
a permit to
the district that would
up
to 92 pounds of mercury per year.
The district has spent $10 million
in
start-up costs.
Swarthout said the district plans
to hire
a
New Jersey firm,
Cr011-Reynolds Clean Air Technc
reduce mercury emissions from
its new plant.
James Reynolds, owner of Croll-Reynolds, said
the
district plans
to purchase two stainless:
that use carbon to capture mercury that has been vaporized
in the melter.
‘Think of it like
a piece of charcoal that has nooks and crannies
and passageways that can•
mercury as it goes through the carbon bed,”
Reynolds said
He
said his firm has applied the
other industries that want
to eliminate
mercury
emissions.
The absorbent carbon beds would have to
be replaced every three
to five
years. Swarthout
is willing to
do so. ifit helps make the plant a reality.
Copyright @ 2002,
Chicago Tribune
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Today’s
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Customer service
Reriee Cipriano, Director
Illinois Environmental Protection Agency
~
E-m
ii this
sto
Published August
12, 2002
a
ry
Springfield
--
The Illinois Environmental
Protection
Agency applauds the Tribune’s concern for reducing
the levels of mercury in our environment. The Illinois
EPA
has taken
a
leadership role in that effort through a
variety of ongoing
programs
and initiatives.
I
do wish
to
note, however, that whatever good intentions were
the basis of the
Aug.
2
editorial “Incinerate this plan” were tarnished by some misconceptions
about
mercury and Lake Michigan, and the North
Shore Sanitary District’s
proposed
sludge-processing plant.
The fish advisory issued in March by the Illinois Department of Public
Health was
not issued because “the lake ~Lake
Michigan
is already saturated with mercury,”
as stated in the editorial.
The advisory applies to
all waters of the state arid was
issued because of the general concern over methylmercury accumulation in
predatorfish.
Low to moderate
levels of mercury have been found
in sampled fish
in
Lake
Michigan
Indeed, the
primary
contaminant of concern
for Lake Michigan
predator
fish
is,
instead, polychiorinated biphenyls (PCBs).
Also noteworthy is the fact that all
of the open-water
areas of Lake
Michigan are
fully supporting public water-supply and aquatic-life use,
a further indication
that
the lake is not “saturated” by mercury.
Regarding
the
North Shore Sanitary District, the editorial asserts that “there is no
state orfederal
limit on mercury emissions forthis
kind of incinerator.”
In fact, this
facility falls under the federal National Emissions Standards for Hazardous Air
Pollutants
(NESHAP),
UnderNESHAP, the mercury emissions standard applying
to the
facility would be approximately 7 pounds perday or 2,555 poundS per year.
The permit issued by the Illinois EPA restricts mercury emissions to no more than
92 pounds annually, however, and
the district has indicated it anticipates actual
emissions to be significantly lower,
The Illinois EPA needs no impetus to focus its attention
on Lake Michigan and
mercury reduction
and elimination. The Illinois EPA has been working
aggressively with
medical facilities and through our Household Hazardous Waste
Collection Program to
reduce and safely dispose of mercury-containing items.
In
the past year, we
held several mercury thermometer exchanges around
the state
and supported legislation that would have prohibited the sale
and distribution of
mercury thermometers in Illinois.
Special
reports
In
additions Illinois EPA has
recently received funding
from
the Great Lakes
030129
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2177829807
217782980?
P.16/21
‘~hica~o
Tribune
Working to
protect
the
state’s
waters
Page
2
of2
Protection Fund that will
be used for
additional mercury collections, including at
schools and retirement communities, as well as expanded
scientific analysis
of
the sources of mercury
in the air ~ndwater.
The amount of
mercury
from power plants and
other industrial sources
has been
continually monitored by the Illinois
EPA.
Under state legislation passed
last year
I
and
President Bushts Clear Skies Initiative, it is the agency’s
objective to address
a multipollutant strategy
at the state level to reduce toxic air pollutants, including
pJ~g•~y
mercury.
Ii~une
Lr~vestiqation:
-
.
.
.
-
~ithyJositals
We agree wholeheartedly with the editorial’s conclusion that “Lake Michigan is
precious.” Rest assured,
the
Illinois EPA has
worked
and continues
to work
~p.L~~port;
Wacker
aggressively with citizens,
industry
and
other agencies to protect Lake Michigan
Dnve
rec~onstruction
for generations to come.
~Q1
lllinois_SchppJ
~
Copyright ~ 2002,
C
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(
2177829807
GOVERNOR
GEORGE
H.
RYAN
WASBINGTON,
DC
OFFICE
444
~QRTh CAPiTOL
ST.,
ROOM 400 .wASH)~GTON,
DC
20001
PHONE (202) 624 .7760
-
FAX(S)
(202)
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P.
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Date;
02-
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2177829807
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2177829807
P.18/21
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STOP
M~.E1~CURY
EMISSIONS
—
(~iouse
of
Representatives
-
July
1 S~
2002)
(Page~ H4920)
Q~ P~F
The
SPEAKERpro
tempore.
Under
a previous order
of the House, the gentleman from flhinois
(Mr.
Kirk)
is rcco~iized
for
5
rriinutes.
-
Mr. ~CIRK.
Mr.
Speaker,
the Great Lakes
are
under
attack
from many
environmental
threats~such as
invasive species,
PCB contamination,
and other aquatic
pollutants.
In
thenext week, along with
the
gentleman from Michigan (Mr.
Upian).
th~
gentleman
from
Michigan
(Mr.
St~p~zk),
and
the
gentleman
from Wisconsjii (Mr.
Kind),
I will
be introducing the Great Lakes Mercury Reduction
Acts
which will
prohibit the
issuance
of new
perxxtit~under the Clean AirAct that will result
in the
deposition of
any
additional mercury into
the
Great Lakes.
Ourlegislation
seeks
to
halt new mercury
pollution
sources
that
would deposit further amounts
of
mercury into the Great
Lakes.
Currently,
the
technology does not existto stop mercuryemissions
from
~lready-pennitted
sources.
Therefore,
we
should z~ot
allow consn’uction ofnew
mercurypoflution
~otirte~,
Our legislation
will not affect existing sources already permitted under
theCleanAirAct, but rather,
will halt addition
ofnew
sources
of
mercury
that
will furtherde~ade
the Great Lakes with mercury
pollution. Airborne mercury
is the
dominant source
of
mercury in the
GreatLakes; and according to the
Lake Michigan
Federation,
\1170\
of a teaspoon of
mercury
can
cont~in&tea
25-acre
lake.
Mercury
quicklybloaccumulates,
contaminating
the
food
chain
and
n,aking the~sh ofthe lakes inedible by
humans.
Th~
Federal Government must address mercury pollution, because sufficient reduction liixiits were i~ot
set
in
the
Clean Air
Act Amendments in
1990. The act
only
contained large
gener’al
national emission
numbe~,
arid control studies monitoring
the
growing problems with mercury
pollution.
While the
Clean
Air Actrequired
extensive studies ofthepotential dangers ofmercury, it defei,e4 much ofthework on
limiting
mercury
emissions to the States.
In
1997,
the
United
States
arid
Canada, as
part
of the
Great Lakes
Einatiot~al
Toxics
Strategy,
met
to
address
strategies
for
elimInating
toxic
substances in
the
Great
Lakes, These
talks
resulted in each
nation
a~~eeing
to
address ariumber of
toxic
emissions, including mercury. According to this a~eement,
the
United
States
will
seek to reduce airborne emissions ofmercury by 50 percent, and
Canada by 90
percent
by
the
year 2006.
PresidentBush
arid
the Con~~
both nude the
elimination
of
mercury pollutionan
environmental
rr~c~Q
Mfl~(—89—2O8~
16:38
2177829887
2
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P.19/21
~UG C~2~O2 1~:11 FR
TO ~
h:/(th~~ocOv/cg~bfriJo~1Jcry/D?r1
O7~2;./t~x,p/—r1
O7R6fS~
priority ofthis
Congress
In
his Clear
Skies
InItiative, President Bush seeks to
cut mercury emissions
up
to 69
percent and create
the first-ever national cap for rr~ercury
emissions.
M~rcuxy
emissions
will be cut
from
cu_rrent
emissions from 48
tons
to a
cap
of26 tons in
2010,
and
15 tons in 2018. Likewise,
two
similar proposals in Congress
will seek
to cap
mercury
emissions for the firSt time ever fbiai~
quality
improvements.
In my distrIct, Lake Michigan
is the source of
our drinking
water,
and the lake prcvide~s
recreation
in
the summertime, and once provided fish for eating. We now know that Lake Michigan fish are harrnfui
because ofthe toxins they contain
According to the EPA. eachyear over 3,000 pounds ofmercury
pollution arc dumped into Lake Michigari~and 86 percent ofthat
comes from direct a~ospheric
deposition.
Recently,
the North
Shore
Sanitary
District obtained a permit from the Illinois Environmental
Protection Agency to build
a
slu4e sewage
incinerator on the shores ofLakeMichigan in Waukegan,
illinois. If constructIon commences, the mercury emitted
from this sludge incineratorwill be the first
new
source
ofmercurypollution in the Great Lakes In over a decade.
My top environmental goal in this Congress
is to protect Lake Michigan and the Great Lakes. Earlier
this year, I chaired theNuclear Fuel Safety Caucus, which sought the safe removal ofnuclear waste front
key environmental ecosystems in theGreat Lakes burdened with nuclear waste
on our shores. The
approval ofthe nuclear waste resolution in this Congress will make our 10th district nuclear free upon
completion of the National Nuclear Waste Repository. But now,
Congress must focus its attention on
mercurypollution in the Great Lakes.
Airborne
m~cury
pollution is an issue which the Federal Government has ignored in years past.
Further mercurypollution ofthe Great Lakes will irreparably damage our fragile ecosystetm
I urge Members to support
our
bipartisan legislation.
We joined in this effort
to
end mercurypollution
in the Great Lakesjust this week, but passage ofourbill will go a long way
to
fulfillingour international
commi~nents
to our Canadian allies and fulfill the promise of
President
Bush’s
Clear Skies Initiative on
mercury. But
most importantly, Mr. Speaker, it will protect the mothers and children ofthe Midwest who
are most at risk for inercurypoflution.
~I5
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2177829807
21779~q807
P.20/21
Chris
Romaine
-
FYI:
NSSD lMhiergy
PlIant
/
Pofltks
I
News
Artkle
From!
Tammy Mitchell
To:
Carson, Maggie;
DRAGOVICH, Ted;
Frost,
Brad;
Schollenberger,
Mark
Romaine,
Chris;
.
Date:
7/15/2002
10:51
AM
Subject
FYI:
NSSD Minergy Plant
/
Polftics
/
News Article
•
Zion,
NSSD hit potential
roadblock to minergy
plant
By AJ. Goldsmith
SPECIAL
TO THE
NEWS
SUN
ZION
-
Mayor Lane Harrison
admits the federal government has him confused and someWhat
angry.
Several weeks ago,
President
Bush significantly relaxed emission
standards for power plants
throughout the U.S.
Companies such as
Midwest Generation
in Waukegan
no longer have the imperative to install
additional expensive clean-air scrubbers,
according to Harrison.
So, while electric utilities are getting
a free pollution controls pass,
U.S.
Rep. Mark KIrk, R-
Highland
Park,
has
raised the hackles of Harrison
and
members of the North Shore Sanitary
District by threatening to introduce legislation
that will prohibit the
NSSD from
building
its
minergy plant along Lake Michigan.
“It is an election year,” said Harrison, alluding to Kirk’s threat this week to introduce legislation
aimed at ending the addition of new sources of mercury into Lake Michigan.
‘~
understand that the proposed
plant meets all the current air standard criteria
of both the
Illinois and federal
Environmental Protection Agencies,” the mayor said.
According to .Harrison,
NSSD sludge
is now put into
a landfill that was recently acquired
by the
city
of Zion, which
hopes to
use the property for industry, parks and
recreation.
But the 411-acre acquisition
is contingent upon the NSSD
getting
apprOval for its
minergy
plant planned for Waukegan’s lakefront.
f~1inergytakes more than
90 percent or the
mercury out of sludge, the mayor said, adding that
less than one-half of one percent is released into the atmosphere.
It turns the sludge into a
glass byproduct.
(~r~r’~
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,q
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tin~s\EPA2
1 48\Local20Settings\Texnp\GW
00090.H...
7/19/2002
MRY—09—2003
16:39
2177829807
2177829807
P.21/21
Page
2 of2
The
NSSD’S
EPA
permit allows upward
of 92
pounds
of
mercury per year to
be
released into
the atmosphere, although the district’s three advanced waste-water treatment plants only
collect 33
pounds of mercury per year.
The district expects to install special filters to remove all but 7.6 pounds of mercury from
the
minergy.process annually, while claiming that the form of mercury that will
be emitted from
the Waukegan
plant will
remain
in the atmosphere for about a year and
not get into Lake
Michigan.
NSSD consultants estimate that by the time
it
actually
comes out of the air it will be
somewhere over the Atlantic Ocean.
“The
small amount in the air
is
much
less of a
health factor than putting it into the ground
and
having
it seep into
ground water,” Harrison
pointed out.
NSSD officials claim the minergy process is the future of sludge disposal, eliminating landfill
operations,
saving huge amounts of land, protecting the
environment and creating
a usable
by-product.
After the
November election, Congressman
Kirk will no longer
represent the area
north of
Waukegan that
includes Zion.
Harrison
expects to
take
up
the matter of
the
minergy plant with
U.S.
Rep.
Philip Crane, R-
Wauconda, who will representZion after November and
U.S.
Sen.
Peter Fitzgerald, R-Ill.
07/13/02
r.t~r~
or
~ ~)
I ~
TOTflL P.21
rnY—O9—200~
16:35
~i
1
10
~L)
2177829807
P.01/21
ILLINOIS ENYtRONMENTAL PROT
ECTION
AGENC~LERK’5OFFICE
DiVISION OF LEGAL COUNSEL
1021 NORTH GRAND
AVENUE EAST, POST OFFICE
BOX
~N~’2’~/61
2
20U3
SPRJ
FIELD, ILLINOIS 62794~9276
TELEPHONE
(217)782-5544FACSJMILE (217)782-9807
STATE OF ILLINOIS
Pollution
Control Board
DATE:
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214
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