RECEIVED
CLERK’S OFFICE
APR 30
2004
STATE OF ILLINOIS
BEFORE THE ILLINOIS
POLLUTION CONTROL
BO~lIUtionControl Board
IN THE MATTER OF:
PROPOSED AMENDMENTS TO
DISSOLVED OXYGEN STANDARD
35 III. Adm. Code 302.206
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)
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R04-25
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See Attached Service List
NOTICE
OF FILING
PLEASE TAKE NOTICE that on Friday, April 30, 2004, we filedthe attached Motion
To Replace Page
2
in Proposed Rule and Statement of Reasons with the Clerk of the Illinois
Pollution Control
Board, a copy ofwhich is herewith served upon you.
Roy M. Harsch
Sheila H. Deely
GARDNER, CARTON & DOUGLAS
191
N. Wacker Drive
-
Suite 3700
Chicago, Illinois
60606-1698
(312) 569-1440
Respectfully submitted,
THIS FILING IS BEING SUBMITTED ON
RECYCLED
PAPER
•
cED
APR3O2004
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARDIA-rE OF ILLINOIS
Pollu~j~
Control Boar~j
IN THE MATTER OF:
)
)
PROPOSED AMENDMENTS TO
)
R 04-25
DISSOLVED OXYGEN STANDARD
)
35 Iii. Adm. Code 302.206
)
MOTION TO REPLACE PAGE 2 IN PROPOSED RULE
AND
STATEMENT OF REASONS
The Illinois Association ofWastewater Agencies (“IAWA”), by its attorneys Gardner
Carton & Douglas, moves to
replace the page 2 in its Proposed Rule and Statement ofReasons
filed on April
19, 2004.
In support, IAWA states as follows:
1.
IAWA filed this rulemaking on April
19, 2004.
The original statement ofreasons
contained an improper description on the second page concerning the months for each respective
dissolved oxygen seasonal standard.
To avoid confusion, IAWA would like to
replace this page
in the original Proposed Rule and Statement ofReasons in its entirety.
A revised page 2
is
attached hereto.
2.
The description ofthe rule on the second page ofthe Statement ofReasons
is the
only change that has been made.
WHEREFORE, IAWA moves the Board to replace page 2 in the Proposed Rule and
Statement ofReasons.
Respe
fully Submitted,
ne
Roy M. Harsch
Sheila H. Deely
GARDNER CARTON &
DOUGLAS LLP
191 N. Wacker Drive
—
Suite 3700
Chicago, IL
60606
312-569-1440
amend the dissolved oxygen rules is
submitted contemporaneously with this Statement of
Reasons.
1.
Existing and Proposed Dissolved Oxygen Regulations
(Section 102.202(a))
Illinois has three standards governing dissolved oxygen in Illinois waters.
Those
standards govern general use waters (Section 302.206), Lake Michigan (Section 302.501), and
secondary contact waters (Section 302.405).
It is the general use standard at Section
302.206
that this rulemaking seeks to revise.
This
standard currently reads as follows:
Section 302.206
Dissolved Oxygen
Dissolved oxygen (STORET number 00300) shall not be less than 6.0 mg/l during
at least
16 hours ofany 24 hourperiod, nor less than
5.0
mg/i at any time.
The proposed revision to this regulation would incorporate the use ofdiurnal oxygen minima and
establish both daily minimum
and seven day standards.
A more stringent standard would be
applicable during the cool water spawning period ofMarch through June when the egg, embryos
and larval stages ofhypoxia-sensitive fish species are present in Illinois waters.
A less stringent
standard during the remaining months ofJuly through February would incorporate the use of
diurnal oxygen minima, when the egg, embryos, and larval stages of hypoxia intolerant fish
species are absent.
This structure is
consistent with the NCD.
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A proposed rule showing the changes from the Board’s existing dissolved oxygen
standard at Section 302.206 is attached to this
Petition as Exhibit
1.
While the NCD also has a
thirty day standard, IAWA does not believe that this standard is necessary to protect aquatic life.
In most cases, meeting the applicable seven day standard would ensure that any thirty day
standard would also be met.
2
CERTIFICATE OF SERVICE
The undersigned certifies that
a copy ofthe foregoing
Motion To Replace Page 2 in
Proposed
Rule and Statement ofReasons
were filedby hand delivery with the Clerk ofthe Illinois
Pollution Control Board and served upon theparties to whom said Notice is directed by first class mail,
postage prepaid, by depositing in the U.S. Mail at 191 North Wacker Drive, Chicago, Illinois on Friday,
April 30, 2004
Division of Legal Counsel
Illinois Environmental
Protection Agency
1021 North Grand Avenue
P.O. Box
19276
Springfield, IL
62794-9276
Office ofLegal Services
Illinois Department of
Natural Resources
One Natural Resources
Way
Springfield,
IL
62702-
1271
Division ChiefofEnvironmental
Enforcement
Office ofthe Attorney General
188 W. Randolph St.,
20th
Fl.
Chicago, IL
60601
Susan Adams
Regulatory Counsel
2300 Claredon Blvd.
Suite 407
Arlington, VA
22201
Dennis
L.
Duffield
Director ofPublic Works
and Utilities
921
E. Washington Street
Joliet, IL
60431
Albert Ettinger
Senior Staff Attorney
35 B. Wacker
Suite 1300
Chicago, IL
60601
Sheila H. Deely
CR02! 22308571.1