BEFORE THE ILLINOIS POLLUTION CONTROL BOAI&ERKS
RECEIVED
OFFICE
JAN 20 200k
IN THE MATTER OF:
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PROPOSED AMENDMENTS TO
PART 309 SUBPART A-
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Ill. Adm. Code 309.105, 309.7, 309.8,
309.9, 309.10, 309.12, 309.13, 309.14
309.117, 109.119, 309.143, 309.147; and
PROPOSED 35 Iii. Adm. Code 120 through
122-NPDES PERMITS AND PERMITTING
PROCEDURES
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STATE OF ILLINOIS
Pollution Control Board
R03-19
(NPDES Rulemaking)
NOTICE OF FILING
TO: SEE ATTACHED SERVICE LIST
PLEASE TAKE NOTICE
that
on Tuesday, January 20, 2004, we filed the attached
Illinois Association ofWastewater Agencies’ Comments to Proposed Revisions and
Amendments with the Clerk ofthe Illinois Pollution Control Board, a copy ofwhich is herewith
served upon you.
Roy M. Harsch
GARDNER CARTON & DOUGLAS LLP
191 N. Wacker Drive
-
Suite 3700
Chicago, Illinois 60606-1698
(312) 569-1441
Respectfully submitted,
CHO 1/12294150. 1
IN THE MATTER OF:
PROPOSED AMENDMENTS TO
PART 309 SUBPART A-
35 Iii. Adm. Code 309.105, 309.7, 309.8,
309.9, 309.10, 309.12, 309.13, 309.14
309.117, 109.119, 309.143, 309.147; and
PROPOSED 35 Ill. Adm. Code 120 through
122-NPDES PERMITS
AND
PERMITTING
PROCEDURES
ILLINOIS ASSOCIATION OF WASTEWATER AGENCIES’
COMMENTS TO PROPOSED REVISIONS
AND AMENDMENTS
The Illinois Association of Wastewater Agencies (“IAWA”) submits the following
comments concerning the proposed amendments to
35
Iii. Adm. Code Part 309, Subpart A,
NPDES Permits and Permitting Procedures as proposed for First Notice by the Illinois Pollution
Control Board (“IPCB”) in its Order of the Board dated September 4, 2003. IAWA is an
association comprised of
54
agencies principally consisting of units of local government
including sanitary districts and municipalities throughout Illinois.
These agencies provide
wastewater treatment for
8.5
million people located throughout Illinois. IAWA’s Affiliate
Members include many ofthe Illinois firms that provide professional services to the wastewater
treatment industry. IAWA greatly appreciates the effort and work of the IPCB that led to the
revision of the original proposal that was filed by the proponents in this proceeding. As the
Board knows from IAWA’s testimony andprior comments, IAWA believed that the existing
public participation regulations were adequate and that proponents did not present a compelling a
case to warrant revisions to the regulations. As previously explained by IAWA, “as public
health agencies, IAWA’s members are in favor ofpublic participation in the NPDES Permitting
process.”
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARLcLERK’S OFFICE
JAN 20 2004
STATE OF ILLINOIS
Pollution Control Board
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R03-19
(NPDES Rulemaking)
The IAWA member concerns regarding changing the procedural rules are two-fold.
First, as wastewater treatment operators, they must obtain NPDES permits for their discharges
and authorizations to construct and revised NPDES permits for new and expanded facilities. As
the principal regulated public NPDES permit dischargers in the state, IAWA members have a
keen interest in, and have first-hand knowledge of the Illinois Environmental Protection
Agency’s (“IEPA”) ability to process NPDES permits and related Authorizations to Construct.
Because of the current backlog in processing NPDES permits, and the delay associated with
handling permit modifications and new permits, IAWA’s members are extremely concerned
about the adoption of any revised public participation rules which will increase the level ofwork
required to issue NPDES permits. IAWA’s members second level of concern, is that of the
potential for some to use the public participation process, including commenting up on draft
NPDES permits, requesting public hearings, and ultimately the appeal of NPDES permit
decisions, not as a tool to arrive at NPDES permits in terms of achieving better drafted NPDES
permits in conformance with existing regulations, but rather as a tool to attempt to stop or delay
development by limiting a treatment plant’s ability to provide necessary sanitary sewer service to
serve the development. The other improperuse of the public participation tool is as a bargaining
chip to negotiate permit conditions not otherwise required by existing regulation. Unfortunately,
IAWA believes that the existing NPDES public participation regulations and the NPDES
permitting process itself have been so abused in the past.
On the whole, IAWA supports the proposed regulations that were authorized for First
Notice in the IPCB’s September 4, 2003 Opinion and Order. Representatives of IAWA
participated in the stakeholder meetings that gave rise to the IEPA suggested changes to the
original proposal. As stated during the last public hearing, IAWA generally supported the
proposed revisions suggested by IEPA. IAWA believes that the current IPCB proposed
2
regulations by and large are workable revisions to the existing public participation regulations
and should be adopted with some modification. Notwithstanding IAWA’s concerns stated
above, IAWA concurs in many of the comments raised at the November 19th hearing by the
Illinois Environmental Regulatory Group (“IERG”) through the testimony of Ms. lodge. It is
IAWA’s understanding based upon the stakeholders meetings and the testimony presented by
Mr. Toby Frevert in this matter that many, if not most, ofthe changes proposed by the Board are
in fact merely codifications ofthe existing IEPA practice and as such are supportable by IAWA.
IAWA does however believe that Section 309.1 13(a)(5) as proposed by the IPCB is not
required and would be potentially costly and burdensome to the IEPA. IAWA concurs with Mr.
Frevert that the focus on reissued permits should be upon the current draft permit, not changes
from permits that may be five or more years old. IEPA’s limited resources can be better used.
The requirement to summarize changes from the previous permit should be deleted.
(See
transcript atpps.
9-10, 17, 18, 19).
IAWA also would concur in the need to provide the additional language from the Federal
Regulations to the proposed Section 309.143(b).
The remaining portions of 40 CFR
122 .44(d)(1 )(ii) as testified to by Ms. Hodge should be included.
(See transcrzpt pps. 11 and
12).
IAWA would also request that the IPCB modify proposed Rule 309.120(a) by deleting
subpart (iv). IAWA believes that this was discussed and basically conceded as acceptable by the
proponents, IEPA, IERG and IAWA at the November 19, 2003 hearing. IAWA understands
from the testimony of Mr. Frevert that the remaining three subsections would be potentially
useful in the very limited circumstances to allow the Agency to reopen a record where there had
been a significant modification in the final permit from what was originally sent to Public
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Notice. Subsection (iv) does not really provide any additional guidance and as such should be
deleted.
In summary, with the exception of these three specific points, IAWA would request that
IPCB proceed to adopt for Second Notice, the rules as sent to First Notice. IAWA’s position is
predicated upon its understanding that the regulations as so adopted would be essentially a
codification of IEPA’s current procedure and would involve little or no additional work on
IEPA’s part. IAWA understands that the provisions of the proposed changes to 309.120 would
only be sparingly used in an extraordinary circumstance where the final permit had been
significantly modified from the draft permit. Therefore, it is IAWA’s understanding that the
proposed changes would not result in any increased ability to utilize the public participation
process for what IAWA believes to be improper purposes of either stopping or delaying the
issuance ofNPDES permits and authorizations to Construct to service new growth, or attempting
to negotiate inclusion ofpermit conditions not required by regulations.
Respectfully submitted,
ILL OIS ASS CIATION OF WASTEWATE
A
NCIES
BY:
Ro
.
~~~toey
DATED: January 20, 2004
Roy M. Harsch
GARDNER CARTON & DOUGLAS LLP
191 N. Wacker Drive
-
Suite 3700
Chicago, Illinois 60606-1698
(312) 569-1441
THIS FILING IS SUBMITTED ON RECYCLED PAPER
CHOI/12294 166.2
4
CERTIFICATE OF SERVICE
The undersigned certifies that a copy ofthe foregoing Notice
of Filing
—
Illinois
Association of Wastewater Agencies’ Comments to Proposed Revisions and Amendments
were filedby hand delivery with the Clerk ofthe Illinois Pollution Control Board and served upon the
parties to whom said Notice is directed by first class
ostage prepaid, by depositing in the U.S. Mail
at 191 North Wacker Drive, Chicago, ~
DATED: January 20, 2004
Roy M. Harsch
GARDNER CARTON & DOUGLAS LLP
191 N. Wacker Drive
-
Suite 3700
Chicago, Illinois 60606-1698
(312) 569-1441
THIS FILING IS SUBMITTED ON RECYCLED PAPER
CR01/12330575.1
2
R03-19 Service List
Amendments to Part 309 Subpart A
W.C. Blanton
Blackwell Sanders Peper Martin, LLP
2300 Main
Suite 1000
Kansas City, MO 64108
James Daugherty
Thom Creek Basin Sanitary District
700 West End Avenue
Chicago Heights, IL 60417
Albert Ettinger
Environmental Law & Policy Center
35 E. Wacker Drive
-
Suite 1300
Chicago, IL 60601
Lisa M. Frede
Chemical Industry Council
250 East Devon Ave., Suite 239
Des Plaines, Illinois 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
Larry
Cox
Downers Grove Sanitary District
2710 Curtiss Street
Downers Grove, IL
60515
John Donahue
City ofGeneva
1800 South Street
Geneva, Illinois 60134
Susan M. Franzetti
Sonnenschein Nath & Rosenthal
8000 Sears Tower
Chicago, Illinois 60606
Dorothy Gunn, Clerk
Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
Ron Hill
Metropolitan Water Reclamation District
100 East Erie
Chicago, Illinois 60611
Fred L. Hubbard
415 North Gilbert Street
P0 Box 12
Danville, Illinois 61834-0012
Vicky McKinley
Evanston Environment Board
223 Grey Avenue
Evanston, Illinois 60202
Robert A. Messina
Illinois Environmental Regulatory Group
215 East Adams Street
Springfield, IL 62701
R03-19 Service List
Amendments to Part 309 Subpart A
Irwin Polls
Metropolitan Water Reclamation District Of
Greater Chicago
R&D Laboratory
6001 West Pershing Rd.
Cicero, IL 60804
Michael G. Rosenberg
Metropolitan Water Reclamation District
100 East Erie Street
Chicago, Illinois 60611
Mary G. Sullivan
Illinois-American Water Company
300 North Water Works Drive
P0 Box 24040
Belleville, Illinois 62223-9040
Joel Sternstein
Assistant Attorney General
Environmental Bureau North
188 W. Randolph Street, 20th Floor
Chicago, Illinois 60601
Charles Welsselhoft
Ross & Hardies
150 north Michigan
Chicago, Illinois 60601
Erika K. Powers
Barnes & Thornburg
One North Wacker Drive Suite 440
Chicago, Illinois 60606
Sue A. Schulz
General & Associate Corporate Counsel
Illinois-American Water Company
300 N. Water Works Dr., P0 Box 24040
Belleville, Illinois 62223-9040
Sanjay Sofat
Connie Tonsor
Illinois Environmental Protection Agency
1021 N. Grand Ave., East
Springfield, Illinois 62794-9276
Marie Tipsord
Attorney
Pollution Control Board
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
Frederick D. Keady
Vermilion Coal Company
1979 Johns Drive
P0 Box 688
Glenview, Illinois 60025-0688
CHO2/22236971.1