RECE~vED
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
SEP
082004
STATE OF ILLINOIS
INTERIM PHOSPHORUS EFFLUENT
)
Pollution Control Board
STANDARD, PROPOSED
35
ILL. ADM.
)
R2004-026
CODE 304.123(G-K)
)
Rulemaking
—
Water
~
NOTICE
OF FILING OF COMMENT OF PROFESSOR WALTER K. DODDS
PLEASE TAKE NOTICE that the Environmental Law
& Policy Center has filed the
attached COMMENT OF PROFESSOR WALTER K. DODDS in support ofthe proposal
submitted by the Illinois Environmental Protection Agency.
After the Agency filed its proposal, Professor Dodds, who has actively worked on
problems relating to nutrient pollution and the development of nutrient standards, was asked for
his views regarding the proposal.
It is not currently anticipated that Professor Dodds will testify
but his views are hereby submitted as comment to assist the Board.
~.T..
Albert F. Ettinger (Reg. No. 3125045)
Counsel for Environmental Law & Policy
Center, Prairie Rivers Network, and Sierra
Club
DATED:
September
8, 2004
Environmental Law & Policy Center
35
East Wacker Drive, Suite
1300
Chicago, IL
60601
312-795-3707
LEFiK S OFFICE
July 6,
2004
SEP
082004
STATE OF ILLINOIS
Albert F. Ettinger
PQII~tionControl Board
Environmental Law & Policy Center
35 East Wacker Drive, Suite
1300
Chicago, IL
60601
Re:
Proposed Phosphorus Effluent Limit for
Certain New or Expanded Plants
Dear Mr. Ettinger:
This letter is in response to your request to evaluate the Illinois Environmental Protection
Agency’s proposed effluent regulation that is
now before the Illinois Pollution Control Board
(R04-026).
My qualifications to make this evaluation are based on my experience in researching
nutrient criteria in rivers and streams and eutrophication.
This experience includes numerous
publications in the peer-reviewed scientific literature, participation in the U.S. EPA’s production
of the Nutrient Criteria Technical Guidance Manual, Rivers and
Streams (EPA-822-B-O0-002)
and participation as a scientific advisory member of the U.S. EPA region 7 RTAG group to guide
determination ofnutrient criteria.
My recommendations are based on a general expertise
in
aquatic ecology, not the specifics of Illinois regulations.
The fact is that any
control of
phosphorus would be
beneficial.
The proposed regulation is a reasonable first policy
step for the
following reasons:
1.
Phosphorus is a major problem in many Midwest lakes, rivers and
streams.
Phosphorus
can fertilize excessive growth (blooms) of algae,
including cyanobacteria.
These blooms are occasionally toxic to
humans,
and can cause taste and odor problems
in water supplies.
The blooms can
also render water unfit for swimming and other recreation.
Finally,
scientific studies have demonstrated that nutrient pollution can harm biotic
integrity.
2.
Algal blooms can cause supersaturating levels of dissolved oxygen
during
daylight hours followed by severe dissolved oxygen depletion at night and
in early morning.
Low dissolved oxygen concentrations can kill fish,
mussels, and
other aquatic life and prevent breeding and juvenile
development in these species.
My work and that
ofmany other scientists indicates that these two types of problems
are common in lakes above approximately 0.03 mgIL total phosphorus
and 0.4 mllL
total nitrogen.
Most systems that are only moderately impacted by human nutrient
pollution have concentrations that are less than these levels.
Even when ecoregional
differences are accounted for, reference concentrations ofnutrients for the ecoregions
in Illinois will likely be
at or below 0.03 mg/L total phosphorus and 0.4 ml/L total
nitrogen (Smith et al. 2003 Env. Sci. Technol. 37: 2039-3047, Dodds
and Oakes in
press Limnol. Oceanogr. Methods).
While the current U. S. EPA recommended
standard is 0.lmg/L for total phosphorus, it is likely
that nutrient levels will be set at
concentrations substantially
less than 0.1 mg/L given the scientific information
available.
The actual impact ofa limit on new or expanded discharges set
at 1.0 mg/L
will
depend on the daily loading (i.e. the discharge ofeffluent relative to
the throughput of
the receiving water body).
Adoption of a
1.0 mg/L effluent limit is a first step that
would lower current phosphorus loading, encourage
construction of treatment plants
with the option ofphosphorus control, and encourage bans on phosphorus-containing
detergents.
Such an
effluent limit is within the technological capabilities that are
currently available,
and has been attained in
many areas draining into the Great
Lakes.
If you would like more information on my scientific qualifications, a copy ofmy curriculum
vitae and publications can be found at http://www.ksu.edu/doddslab.
If you have any questions
please do
not hesitate to contact me.
Sincerely,
&W9t& ~L~-
Walter K. Dodds
Professor ofBiology
Kansas State University
CERTIFICATE OF SERVICE
I, Albert F. Ettinger, certify that on September
8, 2004,
I filed the attached COMMENT OF
PROFESSOR WALTER K. DODDS. An original and 9 copies was filed, on recycled paper,
with the Illinois Pollution Control Board, James R. Thompson Center,
100 West Randolph, Suite
11-500, Chicago, IL
60601, and copies were
served via United States Mail to
those individuals
on the included service list.
Albert F. Ettinger (Reg. No. 3125045)
Counsel for Environmental Law & Policy
Center, Prairie Rivers Network, and Sierra
Club
DATED:
September
8,
2004
Environmental Law & Policy Center
35 East Wacker Drive, Suite
1300
Chicago, IL
60601
312-795-3707
SERVICE LIST
Sanjay K. Sofat, Assistant Counsel
Illinois Environmental Protection Agency
1021 N. Grand Avenue East
P0 Box
19276
Springfield, IL 62794
Roy M. Harsch
Gardner Carton & Douglas
191 N. Wacker Drive,
Suite 3700
Chicago, IL 60606
Matthew J. Dunn, Chief
Office ofthe Attorney General
100 W. Randolph,
11th
Floor
Chicago, IL 60601
Robert A. Messina, General Counsel
Illinois Environmental Regulatory Group
3150 Roland Avenue
Springfield,
IL 62703
John McMahon
Wilkie & McMahon
8 East Main Street
Champaign, IL 61820
Jonathan Fun
Department ofNatural Resources
One Natural Resources Way
Springfield, IL 62702
Richard Lanyon
MWRDGC
100 E.Erie
Chicago, IL 60611
David Horn, Asst. Prof., Biology
Aurora University
347 Gladstone Avenue
Aurora, IL 60506
Darin Boyer
City ofPlano
17 E. Main Street
Plano,
IL 60545
