PEc~Elv~D
CLERK’S OFF~flE
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
MAY
132005
STATE OF ILLINOIS
IN THE
MATTER
OF:
)
Pollution Control Board
)
REVISIONS
TO RADIUM QUALITY
)
R 04-21
STANDARDS:
PROPOSED NEW 35 ILL.
)
(Rulemaking—Water)
ADM. CODE 302.307 and AMENDMENTS TO)
35
ILL. ADM. CODE 302.207 and 302.525
)
NOTICE
TO:
SEE
ATTACHED SERVICE LIST
PLEASE TAKE NOTICE that on Friday, May 13, 2005, we filed the attached Motion
For Extension
Of
Public
Comment
Period
with
the Clerk
of the
Illinois
Pollution
Control
Board, a copy ofwhich is herewith served upon you.
Respectfully submitted,
CITY OF JOLIET
By:___
One of it’s Attorneys
Dated:
May 13, 2005
GARDNER, CARTON & DOUGLAS
Roy M. Harsch
Gardner Carton & Douglas LLP
191 North Wacker Drive
Suite 3700
Chicago, Illinois
60606
(312)
569-1441
THIS FILING IS SUBMITTED ON RECYCLED PAPER
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY
132005
STATE
OF
ILLINOIS
Pollution Control Board
IN THE
MATTER OF:
)
)
REVISIONS
TO RADIUM QUALITY
)
R 04-21
STANDARDS:
PROPOSED NEW 35 ILL.
)
(Rulemaking—Water)
ADM. CODE 302.307 and AMENDMENTS TO)
35 ILL. ADM. CODE 302.207 and
302.525
)
MOTION FOR EXTENSION OF PUBLIC COMMENT PERIOD
NOW COMES the City ofJoliet by its counsel,
Roy M. Harsch and Gardner Carton &
Douglas LLP, and requests that the Hearing Officer or alternatively the Illinois Pollution Control
Board (“Board”) extend the Public Comment Period until August
15,
2005 for the reasons set
forth herein:
1.
The Second First Notice Opinion and Order ofthe Board (“Opinion and Order”)
dated April
7, 2005 was published in the Illinois Register on April 29,
2005.
Therefore, the
forty-five day Public Comment Period is currently scheduled to close on June 13, 2005.
2.
As noted by the Board as its
rationale for issuing a Second First Notice Opinion
and
Order, the proposed general water quality standard of 3.75 pCi/i forcombined Radium 226
and 228
along with the
30 pCi/l combined Radium 226 and 228 alternate water quality standard
for the one mile stretch below
a Publicly Owned Treatment Work (POTW) discharge outfall
where the POTW receives wastewater from a communitythat has as its source ofdrinking water,
groundwater containing radium greater than 226 and 228 greater than 3.75 pCi/l,
is a substantial
modification ofthe original proposal filed in the matter by the Illinois
Environmental Protection
Agency (“Agency”).
3.
On page
19 ofthe Opinion and
Order, the Board states that it “agrees with the
Agency that POTWs in communities using high radium groundwater as raw water source must
receive regulatory relief’.
4.
As discussed on page 16 ofthe Board’s Opinion and Order, relief is most critical
for those POTWs that discharge to zero low flow streams or 7Q10 streams.
The Board notes on
page
17 that the Agency testified that it “does not knowwhat the concentration ofradium would
be in the discharge from the POTWs”.
Tr. 4 at 3795.
In its discussion under the section Relief
forPOTWs on page 25 ofits Opinion and Order, the Board states that it “presently believes that
a 1-mile segment ofthe stream should provide an adequate mixing zone for POTW dischargesto
comply with the proposed general use standard of3.75 pCi/i, the Board invites
comments from
the participants on this provision”.
5.
As the Board has noted throughout its Opinion and Order, Joliet has taken an
activerole participating in this proceeding to provide the Board with input ofwhat Joliet believes
to be the concerns ofPOTWs including those that discharge to zero low flow or 7Q10 streams.
Because Joliet agrees that there is only limited data available as to what the combined Radium
226 and 228 levels are in by POTWs that relyon groundwater containing more than 3.75 pCi/l
combined Radium 226 and 228
and therefore, only limited discharge information in this
rulemaking record.
In order to develop this missing data and present it to the Board during the
Public Comment Period, Joliet hasbegun to work with a number of Municipalities and Sanitary
Districts located throughout the areain northern Illinois that utilize
groundwater containing an
excess of3.75 pCi/i.
Based upon the efforts to date, Joliet believes that if an extension ofthe
Public Comment Period is granted that it will be able to present to the Board a Public Comment
containing information as to what are representative POTW discharges representing
a range of
varying size municipalities and sanitary districts.,
These would include POTW discharges to zero
low flow or 7QlO streams.
6.
Joliet has met with representatives ofa number ofthese POTWs to initiate a
sampling program whereby representative samples wiltbe taken and sent for analysis ofthe
Radium 226 and
228 content.
Unfortunately, this work can not be completed and comments
prepared withinthe current forty-five day Public Comment Period.
The time period necessaryto
obtain these samples includes the time period necessary for an individual POTW to decide that it
wants to take the samples, time for the actual sampling and transmittal ofthe sample to the
appropriate laboratory, the scheduling time at the laboratory for running the analysis, the thirty
day analytical test period for performing the analysis, time for preparation ofthe laboratory
sampling analysis report and transmittal ofthe results,
and finally time for the analysis and
compilation ofthe various POTW combined Radium 226 and 228 effluent results and
preparation ofan appropriate Public Comment for submittal to the Board.
7.
Joliet respectfully requests that the Public Comment Period be extended an
additional sixty days to and including August
15,
2005 for submittal ofPublic Comments based
on this analytical work.
8.
Joliet believes that this is the only manner by which actual data can be presented
so as to
allow the Board to
determine what the actual impact ofthe proposed rule will be on the
POTWs that the Board has already recognized need regulatory relief.
9.
The undersigned counsel has discussed this Motion with Ms.
Debra Williams,
counsel for the Agency, Mr. Albert Ettinger, counsel for Environmental Law & Policy Center
and the Sierra Club and Mr. Jeffrey Fort, counsel for WRT.
All have authorized the undersigned
to state that they have no objection to Joliet’ s request for a sixty day extension ofthe Public
Comment Period.
As requested by Mr. Ettinger, this authorization does not in any way indicate
any support for any subsequent comment or position by Joliet on behalf ofthe Environmental
Law & Policy Center and the Sierra Club.
Joliet recognizes that the same caveat would apply to
the Agency and WRT authorization as well.
Further, Mr. Fort has requested that Joliet share the
data prior to the close ofthe Public Comment Period.
Joliet will agree to provide the data to the
entire service list on or before August 1, 2005 provided the Board grants this Motion For
Extension OfPublic Comment Period.
WHEREFORE, Joliet respectfully requests that the Hearing Officer or alternatively the
Board continue the Public Comment Period until August
15,
2005 to allow comments to be filed
after analytical datahas been generated to provide the necessary information as to what level of
combined Radium 226
and 228 is contained in POTW discharges so as to allow informed
comments
as to the impact that the proposed standard would have on POTWs.
Respectfully submitted,
CITY OF JOLIET
By One ofits Attorneys
GARDNER, CARTON & DOUGLAS.
Roy M. Harsch
Gardner Carton & Douglas LLP
191 North Wacker Drive
Suite 3700
Chicago, Illinois
60606
CERTIELCATE OF SERVICE
The undersigned certifies that a copy ofthe foregoing
Motion For Extension Of Public
Comment Period
was filed by hand delivery with the Clerk ofthe illinois Pollution Control Board and
served upon the parties 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, May 13, 2005..
SEE
ATTACHED SERVICE LIST
CM~J’~
Roy M. Harsch
R 04-21 SERVICE LIST
Deborah J. Williams
Stephanie N. Diers
Illinois Environmental Protection Agency
1021 N. Grand Avenue, East
P.O. Box
19276
Springfield,
IL
62794-9226
Albert F. Ettinger
Environmental Law & Policy Center
35 East Wacker Drive, Suite
1300
Chicago, Illinois 60601
Matthew J. Dunn
Office ofthe Attorney General
Environmental Bureau
188 West Randolph,
20th
Floor
Chicago, Illinois 60601
DorothyM. Gunn
Amy Antoniolli
Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Claire A. Manning
Brown, Hayes & Stephens LLP
700 First Mercantile Bank Building
P.O. Box 2459
Springfield,
Illinois 62705-2459
Richard Lanyon
Metropolitan Water Reclamation District
100 East Erie Street
Chicago, Illinois 60611
Abdul Khalique
Metropolitan Water Reclamation District
Of Greater Chicago
6001
W. Pershing Road
Cicero, Illinois 60804
Dennis L.
Duffleld
City ofJoliet
Department ofPublic Works & Utilities
921
E. Washington Street
Joliet, Illinois 60431
Stanley Yonkauski
Illinois Department ofNatural Resources
One Natural Resources Way
Springfield, Illinois
62702-127 1
RoseMarie Cazeau
Office ofthe Attorney General
Environmental Bureau
188 West Randolph,
20th
Floor
Chicago, Illinois 60601
William Seith
Total Environmental Solutions
631
E. Butterfield Road, Suite 315
Lombard, Illinois 60148
JohnMcMahon
Wilkie & McMahon
8 East Main Street
Champaign, Illinois
61820
Lisa Frede
CICI
2250 E. Devon Avenue, Suite 239
Des Plaines, Illinois 60018
Jeffrey C. Fort
Letissa Carver Reid
Soimenschein Nath & Rosenthal
8000 Sears Tower
233 South Wacker Drive
Chicago, Illinois
60606-6404
CHO2/22384969.1
