RECEIVED
CLERKS OFFICE
JUL
262005
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE OF
ILLINOI
Pollution control Board
IN THE MATTER OF:
PROPOSED
35
Ill. Adm.
Code 304.123(g),
)
R04-26
304.123(h), 304.123(i),
304.1230),
and 304.123(k)
)
(Rulemaking
-
Water)
NOTICE OF
FILING
Dorothy Gunn, Clerk
John Knittle
Pollution Control Board
Hearing Officer
100 West Randolph Street
Pollution Control Board
Suite 11-500
2125 South First Street
Chicago, Illinois
60601
Champaign, Illinois 61820
Mathew Dunn
Jonathan Fun
Illinois Attorney General’s Office
Illinois
Department ofNatural Resources
Environmental Control Division
One Natural Resources Way
James R. Thompson
Center
Springfield, Illinois 62702-1271
100 West Randolph Street
Chicago, Illinois 60601
ALSO SEE ATTACHED SERVICE LIST
PLEASE TAKE NOTICE that I have todayfiled with theOffice ofthe Clerk ofthePollution Control
Board the Illinois
Environmental Protection Agency COMMENTS, a copy ofwhich is herewith
served upon you.
ILL1NOIS ENVIRONMENTAL PROTECTION AGENCY
By:~
SanjayKSofat
Assistant Counsel
Division of Legal Counsel
Dated:
July 25, 2005
Illinois Environmental Protection Agency
1021
North Grand Avenue East
Springfield, Illinois 62794-9276
(217)
782-5544
THIS
FLUNG PRINTED ONRECYCLED PAPER
BEFORE
THE ILLINOIS POLLUTION
CONTROL BOARD
‘j~o
~
IN THE MATTER OF:
jUL
2 ~2OO~
o~
-
PROPOSED
35
Ill.
Adm.
Code 304. 1,fl~onGofltco
)
R04-26
304.123(h), 304.123(i), 304.123(j),
aER~304.
123(k)
)
(Rulemaking
-
Water)
AGENCY COMMENTS
THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY (“Agency”) respectfully
submits its comments in response to the Illinois Association of Wastewater Agencies
(“LkWA”)’s comments
filed on June 20, 2005.
The Agency is thankful to the Illinois Pollution
Control Board (“Board”) for providing this opportunity
to comment.
The Agency fully supports
the Board’s decision to proceed to the first notice.
Further, the Agency agrees that the Board’s
proposed language provides clarity to
the proposal without sacrificing the intent or changing the
scope ofthe Agency’s original proposal.
The Agency believes that information provided in its original petition, information
developed at the two public hearings, and the Agency’s and other stakeholders’ post-hearing
comments provide ample discussion to support the adoption ofthis rule.
Contrary to the IAWA
assertions, the hearing record contains abundant discussion on issues related to need to
control
phosphorus loading
in Illinois streams; and availability of technical feasible and economical
reasonable phosphorus controls.
The purpose of these comments is to only focus on the newer
issues raised by IAWA in its June 22,
2005 comments.
The Agency, in
general, supports the JAWA’s concept that a daily maximum limit is not
2
necessary in this case.
The Agency believes that exemption ofthe proposed phosphorus standard
from the Board’s averaging rule,
35
Ill.
Adm.
Code 304.104(a)(2)
& (3), does not interfere with
the original intended purpose.
The primary objective ofthe Agency’s proposal is to reduce net
loading ofphosphorus from certain major sources into waters of the State.
As long as there are
no changes to the proposed monthly average limit of I mg/L, the primary objective will be met.
The IAWA’s suggested
change, along with providing the operational flexibility in meeting the
proposed phosphorus standard, would also help plant operators identifS’ the most optimal
phosphorus control technology for their plants.
The Agency, however, proposes the following language to
accomplish the IAWA’s
intended objective.
Section 304.123
Phosphorus (STORET number 00665)
ic)
The averaging rules under subsections (a)(2)
and (a)(3’) ofSection 304.104
do not
apply to permit limits established pursuant to Section 304.104(g) or (h).
By incorporating the above language under Section 304.123(k), rather than under Section
304.104(g)(4), the proposed language ensures that the averaging rule exemption is available to
permits issued under Section 304.104(g) as well as 304.104(h).
Next, the L&WA
argues that the economic impact ofthe proposed rule has been seriously
underestimated.
The Agency disagrees.
The costs to remove phosphorus at a particular plant
depend
on several site-specific factors including plant design and choice ofphosphorus removal
methods.
The costs provided by IAWA are at the minimum very conservative.
While these cost
numbers maybe applicable
to the Village ofBeecher and the City ofMcHenry, in general, they
3
appear to be
above the expected average costs.
See
Agency’s December 20, 2004 comments at
pgs. 12-15.
Obviously, when specific high costs are extrapolated on
a
statewide basis, they
would give un-realistic high estimate of the costs for the following reasons:
I.
The costs presented by IAWA are based on a
strictly chemical phosphorus removal
(“CPR”) or strictly
a biological phosphorus removal (“BPR”) method.
The
general
trend in the industry is to remove most ofthe phosphorus with biological methods.
Any necessary remaining phosphorus removal can be accomplished chemically at a
minimum cost.
2.
The 20
increase
in sludge production is excessive.
Generally,
5
to
10
is
considered a good number, especially when BPR and CPR are used in combination
to
remove phosphorus.
BPR when used alone to remove phosphorus results in minimal
sludge production increase.
CPR used alone, however, does produce a significant
increase in sludge.
However, when CPR is used to remove the remaining phosphorus,
the total increase in
sludge production is not significant.
3.
The cost of $288,000 for a chemical feed building may be reasonable for the Village
ofBeecher, but in
most cases, the chemical
feed may fit into an existing building or a
proposed building may be expanded for a more reasonable cost.
4.
Many plants built or modified in
the last few years considered the possibility of
phosphorus removal in the planning phase of the treatment plant.
Phosphorus
removal at such plants can be accomplished with minimal additional
facilities and at a
modest cost.
In conclusion, the Agency believes that the Board’s decision to proceed to first notice is
supported by the record.
The record fully supports the Agency’s conclusion that it is technically
feasible and economically reasonable to remove phosphorus from major sources in Illinois.
4
Respectfully Submitted,
ILLINOIS ENVIRONMENTAL PROTECTIONAGENCY
SanjayK.
Sofat
Assistant Counsel
Division ofLegal Counsel
DATED:
July
25,
2005
Illinois Environmental Protection Agency
1021
North Grand Avenue East
Post Office Box
19276
Springfield, Illinois
62794-9276
(217)782-5544
PRINTED
ON RECYCLED PAPER
5
SERVICE LIST
Albert F. Ettinger
Roy. M. Harsch
Environmental Law &
Policy Center
Gardner,
Carton & Douglas
35
East Wacker Drive, Suite
1300
191
N.
Wacker Drive,
Suite 3700
Chicago, Illinois
60601
Chicago, IL 60606-1698
Dennis Streicher
Dennis L.
Duffield
Director ofWater
& Wastewater
Director of Public Works
& Utilities
City of Elmhurst 209 N. York Street
City ofJoliet
921
E. Washington
St.
Elmhurst, IL
60126
Joliet,
IL 604
Ross Sweeney
John McMahon
Earth Tec/CWP
Attorney at Law
1000 E. Ohio
Street, Rm.307
Wilkie & McMahon
Chicago, IL 60611
8 East Main Street Champaign,
IL
61820
Philip
Twomey, President
David Rosen
Admiral Environmental Services, Inc.
Beveridge &
Diamond
2025
5.
Arlington Hts. Road, Ste.
103
13501 Street, NW
Arlington Heights,
IL 60005
Washington, DC 2005
Lisa Frede
Cindy Skrukrud
CICI
4209
W.
Solon Road
2250 E. Devon Avenue, Suite 239
Richmond,
IL 60071
Des Plaines, IL 60071
David Zenz
Susan Adams
CTE Engineers, Inc.
Regulatory Counsel
303 East Wacker Drive, Suite 600
Stateside Associates
Chicago, IL 60601
2300 Clarendon Blvd.,
Ste.407
Arlington, VA 22201
Robert Clavel
Michael D.
Marchi, Director
Engineer-Manager
Village Services Department
Wheaton SanitaryDistrict
Village of Bloomingdale
P.O.
Box 626
201
South Bloomingdale, Road
Wheaton, IL 60189
Bloomingdale,
IL 60108
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6
Carl Fisher
Michael G. Rosenberg
Baxter &
Woodman Associates
MWRDGC
1788
Sycamore Road
100 E. Erie
DeKaib,
IL 60115
Chicago, IL 60611
Bernard Sawyer
Elizabeth Steinhour
Metropolitan Water Reclamation District
Weaver Boos Consultants,
Inc.
6001
W. Pershing Road
2021
Timberbrook Lane
Cicero, IL 60650-4112
Springfield, IL 62702
Betty Harrison
Richard Lanyon
Department ofPublic Works
Director ofResearch & Development
Village ofWauconda
Metropolitan Water Reclamation
302
Slocum Lake Road
District
100 East Erie
Wauconda, IL 60084
Chicago, IL
60611
Marc Miller
Paul Terrio, Hydrologist
Senior Policy Advisor
U.S. Geological Survey
Office ofthe Lt. Governor
221
N. Broadway
Rm.
214
State House
Urbana, IL
60118
Springfield, IL 62706
Dave Kitzmiller
Don Kowalczyk
Village ofEast Dundee
City ofPeru
120 Barrington Avenue
Illinois ValleyRegional Airport
East Dundee, IL 60118
Plank Road 7180
Peru, IL61354
Darin Boyer
Alec Messina
City ofPlano
Illinois Environmental Regulatory
17
E. Main Street
Group 3150 Roland Avenue
Plano, IL
60545-1521
Springfield,
IL 62701
Karen D’Arcy
Jane M.
Carlson
Thom Creek Ecosystem Partnership
Strand Associates
Governors State University
Environmental Science
1
University Parkway
910 West Wingra Drive
University Park, IL 60466
Madison, WI 53715
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7
Pavel Hajda
Beth Wentzel
8678 RidgefieldRoad
Prairie Rivers Network
Crystal Lake, IL
60012
809 5.
Fifth Street
Champaign, IL 61820
Michael G. Rosenberg
Brenda Schory
MWRDGC
Kane County Chronicle
100
E. Erie Chicago, L 60611
1000 Randall Rd.
Geneva, IL 60134
David Horn
Assistant
Professor ofBiology
Aurora University
347 Gladstone Avenue
Aurora, IL
60506
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8
STATE OF ILLINOIS)
)
SS
COUNTY OF SANGAMON)
PROOF OF SERVICE
I, the undersigned,
on oath state that I have served the attached the AGENCY’S
COMMENTS upon the persons to
whom it is
directed, by placing
a copy in an
envelope
addressed to:
Dorothy Gunn, Clerk
John Knittle
Pollution Control Board
Hearing Officer
100 West Randolph Street
Pollution Control Board
Suite 11-500
2125 South First Street
Chicago, fllinois
60601
Champaign, Illinois 61820
(OVERNIGHT MAIL)
(OVERNIGHT MAIL)
Mathew Dunn
Jonathan Fun
Illinois Attorney General’s Office
Illinois Department of Natural Resources
Environmental Control Division
One Natural Resources Way
James R. Thompson Center
Springfield, Illinois 62702-127 1
100
West Randolph Street
Chicago, Illinois 60601
(OVERNIGHT MAIL)
(OVERNIGHT MAIL)
ALSO SEE ATTACHED SERVICE LIST
(FIRST CLASS)
SUBSCRIBED AND SWORN BEFORE ME
THIS
25th
DAY OF JULY
2005.
S
BRENDA
BOEHNER
~
NOTARY
PUBLIC,
STATE
OF
ILLINOIS
+
2MY
COMMISSION
EXPIRES
W14-2~5t
~
PRINTED ON RECYCLED PAPER
9
