TN THE MATTER OF:
BEFORE THE ILLINOIS POLLUTION CONTROLBOARD
R E C E
YE D
CLERK’S OFFICE
BACTERIA (E-COLI) WATER QUALITY
STANDARD FOR LAKE MICHIGAN
AND THE MISSISSIPPI RIVER,
PROPOSED AMENDMENTS TO CODE 302
AND
303
TO:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
RoseMarie Cazeau
Environmental Bureau
Assistant Attorney General
188 West Randolph,
20th
Floor
Chicago, Illinois
60601
)
)
)
)
)
)
)
NOTICE
MAR
2
92005
STATE OF ILLINOIS
Pollution Control Board
R05-10
(Rulemaking —Water)
John Knittle, Hearing Officer
Pollution Control Board
2125 South First Street
Champaign, Illinois 61820
Legal Service
Illinois Department ofNatural Resources
One Natural Resources Way
Springfield, Illinois 62702-1271
PLEASE TAKE NOTICE that I have filed with the Office ofthe Pollution
Control Board the MOTION TO SUSPEND ILLINOIS EPA’S PROPOSAL TO AMEND 35
ILL.
ADM. CODE 302 AN15303
on behalf ofthe Illinois Environmental Protection Agency, a
copy ofwhich is herewith served upon you.
Date:
March 24,
2005
1021 North Grand Avenue East
P.O. Box 19276
Spring field, IL 62794-9276
217/782-5544
ILLINOIS ENVIRONMENTAL
PROT
CTI
N AGENCY
ofLegal Counsel
THIS FILING IS SUBMITTED ON
RECYCLED PAPER
Counsel
•
RECEIVED
CLERK’S OF
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAR
29
2005
TN THE MATTER OF:
)
)
R05-10
STATE OF ILLINOIS
BACTERIA (E-COLI) WATER QUALITY
)
(Ru1emaking-W~r~°~
Control Board
STANDARD FOR LAKE MICHIGAN
)
AND THE MISSISSIPPI RIVER,
)
PROPOSED AMENDMENTS TO CODE 302
)
AND3O3
)
MOTION TO SUSPEND ILLINOIS EPA’S PROPOSAL TO
AMEND
35
ILL.
ADM. CODE 302 AND
303
The Illinois Environmental Protection Agency (“Illinois EPA”) hereby submits its
Motion to Suspend Its Proposal to Amend 35 Ill. Adm.
Code Section 302 and 303 at this
time.
In support ofsaid Motion, Illinois EPA states as follows:
1)
On November 8, 2004, the Illinois EPA filed with the Board its proposal
to amend 35
Ill. Adm. Code Section 302 and 303.
2)
On December 16,
2004, the Board granted Illin?is EPA’s Motion for
Acceptance and accepted the proposal forhearing.
A status conference was held on
March 17, 2005
and another status conference is scheduled for April
19, 2005 at 10:00
a.m.
3)
The Illinois EPA filed their proposal because the United States
Environmental Protection Agency (“U.S. EPA”) determined Illinois did not have water
quality standards for bacteria that comply with the requirements of Section
3 03(i) ofthe
Clean WaterAct.
See
33 U.S.C. Section
1313; See also 40 C.F.R. Part 131.
Also,
Illinois EPA indicated to
U.S. EPA that the agency would filewater quality standards for
bacteriaby September 30, 2004.
(See Exhibit D, attached to
Illinois EPA’s Statement of
Reasons filed on November
8, 2004).
4)
U.S. EPA stated that if a state, such as Illinois, did not have standards for
bacteria that complied with
Section 303(i); U.S. EPA would propose standards
for those
states.
Id.
5)
U.S.
EPA’s proposal for Water Quality Standards for Coastal and Great
Lakes Recreation Waters was adopted as a final rule on Decemb~r
16, 2004.
See Exhibit
A.
6)
Because Illinois has not adopted water quality standards for bacteria that
comply with Section 303(i) before December 16, 2004, the Federal Water Quality
Standards for Coastal
and Recreation Waters will now apply to Illinois’
coastal recreation
waters1.
Id.
7)
Since the
filing ofthis rule, Illinois EPA participated in a telephone
conference with U.S. EPA on November 8, 2004.
During this telephone conference, U.S.
EPA indicated they intend to file new bacteria criteria in October 2005 and the indicator
organism will not be either fecal coliform or
E-coli.
Also, it is unclear at this time if U.S.
EPA’s new bacteria criteria will be forjust Great Lake Coastal Recreation Waters or for
all surface waters.
8)
Therefore, based on this information Illinois EPA requests at this time the
docket in this rulmaking be held open until U.S. EPA’s new bacteria criteria is
determined.
U.S. EPA’s
rule forE.
coli
in fresh coastal recreation waters requires
a geometric meanof 126/lOOmi
with four different single sample maximums, which varybased on intensity of use.
..~
40 CFR 131.
U.S.
EPA’s rule for marine coastalrecreation waters requires
a geometric
mean
of35/lOOmi with four different
single sample
maximums based on intensity of use.
~
40 CFR 131.
2
9)
By holding this docket open until U.S. EPA’s new bacteria criteria is
determined, it would allow forIllinois EPA to better use its resources to evaluate the
waters ofthe state and perhaps propose a bacteria standard for all waters ofthe state
•
instead ofjust
focusing on Lake Michigan and the Mississippi River.
10)
Illinois EPA contends that continuing with this rulemaking at this time
would not be ofany economical use oftime for the Board or party participants, since
U.S. EPA has indicated they are in the process of changing the criteria for bacteria this
fall.
11)
Also, there is no urgency for this rule to proceed at this time since Illinois
is now required to follow the federal standard.
12)
Furthermore, the Illinois Department ofPublic Health is responsible for
monitoring Illinois’ beaches and they already use
E.
coli
has the indicator organism.
13)
Finally, should the Board grant Illinois EPA’s Motion to Suspend, the
Agency recommends quarterly status case calls be held in this matter with the hearing
officer and the Agency, so the Agency can keep the Board and interested parties apprised
ofsignificant developments or progress in this matter.
3
WHEREFORE, the Illinois EPA respectfully request this Board grant its Motion
to Suspend this Rulemaking until further iiiformation is acquired from U.S. EPA
concerning bacteria water quality standards.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTEC.~’IO~
AGENC~/
‘i
•
By:\J7jJ//(/L&9
i
sion of Legal Counsel
Date:
MarclP(’t, 2005
1021
N. E. Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
217-782-5544
4
STATE OF ILLINOIS
COUNTY OF
SANGAMON
)
)
SS.
)
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached Motion to Suspend
Illinois EPA’s Proposal to Amend 35 III. Adm. 302 and 303
upon the person to whom it is
directed, by placing it in
an envelope addressed to:
TO:
Dorothy
Gurm, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph Street, Suite 11-500
Chicago, Illinois
60601
RoseMarie Cazeau
Environmental Bureau
Assistant Attorney General
188 West Randolph, ~
Floor
Chicago, Illinois 60601
John Knittle, Hearing Officer
Pollution Control Board
2125
South First Street
Champaign, Illinois 61820
Legal Service
Illinois Department ofNatural Resources
One Natural Resources
Way
Springfield, Illinois 62702-1271
and mailing it by First Class Mail from
Springfield, Illinois on March 24, 2005, with sufficient
postage affixed.
SUBSCRIBED AND SWORN TO BEFORE ME
this
24th
day ofMarch, 2005
£7Z~A~A4~)
hç~\.
~:~_i
~
Notary Public
:~P~\xo•
f
OFFICIAL
SEAL
BRENDA
BOEHNER
•
NOTARY
PUBLIC.
STATE
OF
ILLINOIS
~MY COMMISSION
EXPIRES
1I-~4-2005)
THIS FILING IS SUBMITTED
ON RECYCLED PAPER