RECEIVED

RECEIVED

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERK’S OFFICE

IN THE MATTER OF:

)

AUG 042005

)

STATE OF ILLINOIS

PROPOSED AMENDMENTS TO

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R 04-25

Pollution Control Board

DISSOLVED OXYGEN STANDARD

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35 Iii. Adm. Code 302.206

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NOTICE OF FILING COMMENTS

TO: DOROTHY GUNN

CLERK

ILLINOIS POLLUTION CONTROL BOARD

100 WEST RANDOLPH ST, SUITE 11-500

CHICAGO, IL 60601

Respectfiully submitted,

FRIENDS OF THE CHICAGO RIVER

BY:

__________________

TODD MAIN

Director ofPolicy and Planning

407S. Dearborn, Suite 1580

Chicago, IL 60605

April of2004, The Illinois Association of Wastewater Agencies (IAWA) submitted a proposal

to the Illinois Pollution Control Board proposing to amend the Board’s rule establishing general

use water quality standards for dissolved oxygen in Illinois rivers.

Friends of the Chicago River has serious and substantive reservations about this proposal, and

urges that the Illinois Pollution Control Board reject this proposed rulemaking until further study

and sound science establish that the reduction of dissolved oxygen levels will not harm aquatic

life in the Chicago River and in Illinois surface waters.

The Chicago River is by its history and hydrology a unique river system in Illinois. We

understand that given its history it faces many unique challenges; however the river in recent

years has made remarkable progress in its ability to support an increasing variety of fish species

and other wildlife. It is also becoming a significant economic resource as its improving condition

translates into increasing utilization for public recreation and as adjacent properties increase in

value. Our general concerns with the proposed rulemaking are that if we lower dissolved oxygen

standards for the river we are jeopardizing the progress that has already been achieved by

significant public investment in structural storm water controls like the Tunnel and Reservoir

Plan. We are also concerned that we will lose the significant future economic benefits for the

region associated with a fishable and swimmable Chicago River.

We also have several specific concerns.

1. This rulemaking is premature given the Use Attainability Analysis currently underway.

Currently the IEPA is conducting a Use Attainability Analysis ofthe Chicago Waterway System

to determine if upgraded water designations are appropriate. These new designations will replace

the existing general use, and secondary contact and indigenous life use designations that are

currently in place. The new proposed designations will upgrade existing standards and likely

require increased monitoring for dissolved oxygen levels. After careful analysis of the data from

this increased monitoring we will then have the opportunity to make a decision based on sound

science as to the appropriate levels ofdissolved oxygen in the Chicago River.

2. Dissolved oxygen levels in the Chicago River are dramatically impacted by combined sewer

overflows. Lowering levels will artificially improve compliance but not improve the health of the

river

In the North Shore Channel levels ofdissolved oxygen fall below the 6 mg/I screening criteria

over 50 ofthe time. Other stretches of the river fail to meet existing standards after a CSO

event, and often take several days to recover. This problem is most severe in sections ofbubbly

creek, where monitors show that dissolved oxygen levels fall to zero for many consecutive days

after a major CSO event.

3. We lack the data to properly evaluate the impact the proposed standards will have on the

reproductive cycles of the freshwater mussels and late spawning fish.

For the past three years, Friends of the Chicago River in partnership with the Shedd Aquarium,

has conducted a freshwater mussel survey in the Chicago River. Our survey has documented the

presence of mussels in multiple locations ofthe Chicago river Research has shown that Unionid

mussels, which have been found in the North Branch ofthe Chicago River, are especially

threatened because they require host fish for reproduction. Only about

ofthe host fish for

the mussels in the US have been correctly identified, so it is difficult to predict the impacts

human activity has, as clearly the diversity and health of fish populations within the river system

will affect the reproductive success ofthese mollusk species.

Dissolved oxygen levels below 20 saturation can cause stress to freshwater mussels (Ellis

1937, Ingram 1957), although some species can withstand brief periods of low oxygen levels.

Dissolved oxygen is one example of an environmental factor that affects all stages ofthe life

cycle of Unionid Mussels (Chesney & Oliver, 1998). For example, Long term breeders spawn

and fertilize eggs in late spring, summer or early fall producing mature glochidia by late fall or

winter, however, the glochidia may not be released until spring or early summer ofthe following

year. In contrast short term breeders spawn, fertilize eggs, develop and release glochidia from

late spring to early fall (Howells et al., 1996). It is difficult to accurately determine when low

dissolved oxygen levels would be safe, because the reproduction of the species is sensitive at

vanous stages.

In order to protect the current populations and ensure their survival and reproduction, we need to

ensure that the entire Chicago River system can provide habitat to support their complex and

sensitive life cycle. Freshwater mussels are especially vulnerable to habitat disturbance. Of the

80 mussel species native to Illinois, more than half are currently threatened, endangered,

extirpated, or extinct.

In addition, the negative effects of low dissolved oxygen levels on fish have been well

documented. At extremely low oxygen levels fish kills result. Low dissolved oxygen levels in

the Chicago River will also negatively impact fish species that spawn in late summer like

sunfish, and sport fish such as smallmouth bass which are sensitive to low dissolved oxygen

levels. The loss of fish hosts as well as habitat destruction from dams and pollution are identified

as some ofthe principal causes for mussel population declines.

4. The current standards are working.

Under the current regulatory standards, the health ofthe Chicago River has dramatically

improved as evidenced by its ability to support an increasing variety of fish species and wildlife.

Yet even with these improvements many sections ofthe North Shore Channel fail to meet

current 8 hour standard 50 ofthe time. Monitoring data from 1998-2002 show that with the

exception ofthe downtown portion that receives a diversion of Lake Michigan Water (Main stem

Chicago River), the river did not meet the current eight-hour standard at least

ofthe time,

and in the South Fork 76 ofthe time.

We find it hard to understand the rationale for the proposed rulemaking. It seems to us that

given the progress Chicago has made restoring the health of the river, by forging a unique and

committed civic partnership between political leaders, the MWRD, citizen groups, and others we

should not be lowering standards, but rather gathering our collective resolve to finish the task

and apply proven techniques and strategies that will improve dissolved oxygen levels in the

river.

The mission of Friends ofthe Chicago River is to foster the vitality ofthe Chicago River for the

plant, animal, and human communities within its watershed. The aquatic fauna in the Chicago

River is already threatened by deteriorating water quality and increased development with

several species becoming extirpated from the watershed in recent decades. Reducing the

standards for dissolved oxygen will only help to make this problem worse, threatening our

valued aquatic fauna.