•Electronic Filing, Received, Clerk’s Office, August 15, 2005
    BEFORE THE POLLUTION CONTROL BOARD
    OF THE STATE OF ILLINOIS
    IN THE MATTER OF:
    )
    REVISIONS TO RADIUM WATER
    )
    QUALITY STANDARDS: PROPOSED
    )
    1(04-21
    NEW 35 ILL. ADMIN. CODE
    §
    302.307
    )
    Rulemaking
    -
    Water
    AND AMENDMENTS TO 35 ILL. ADMIN.
    CODE
    §~
    302.207 AND 302.525
    )
    NOTICE OF FILING
    ‘F
    See Attached Service List
    Please take notice that on August 15, 2005 Water Remediation Technology LLC, by its
    undersigned attorneys, electronically filed with the Office of the Clerk of the Illinois Pollution
    Control Board of the attached
    COMMENTS SUBMITTED BY DR. BRIAN D. ANDERSON
    ON BEHALF OF WA TER REMEDIATION TECHNOLOGYLLCA T THE CLOSE OF THE
    SECOND FIRST NOTICE COMMENT,
    a copy of which is served upon you.
    Dated: August 15, 2005
    Respectfully submitted,
    By:__
    the Attorne* for Water Remediation
    Technology LLC
    Jeffrey C. Fort
    Letissa Carver Reid
    Dana
    Off
    Sonnenschein Nath & Rosenthal LLP
    8000 Sears Tower
    Chicago, Illinois 60606
    (312) 876-8000
    THIS FILING IS BEING SUBMITTED ON RECYCLED PAPER
    Electronic Filing, Received, Clerk’s Office, August 15, 2005
    Dr. Brian I). Anclcrson
    33
    Tafi
    Drive
    Rochester, IL
    62563
    August 12, 2005
    VIA ELECTRONIC MAIL
    Ms. Amy Antoniolli
    Hearing Officer
    Illinois Pollution Control Board
    100 West Randolph Street
    Suite 11-500
    Chicago, IL 6060!
    Re: R04-21 Rulemaking
    -
    Water
    Dear Madame Hearing Officer,
    I respectfrilly submit these comments on the Board’s April 7, 2005 opinion and order
    pursuant to the above-cited rulemaking. The Illinois Pollution Control Board is to be
    commended on recognizing the applicability of the BDAC standard for combined radium
    226 and 228 of 3.75 pCi/L as protective of aquatic life. While this standard is liberal in
    that it is protective of populations of organisms rather than individuals, adoption of the
    3.75 pCi/L combined standard appears to be a reasonable compromise that provides for
    the long-term persistence of the full spectrum of aquatic species, and also provides a
    degree of relief for dischargers from the current 1.0 pCi/L radium 226 standard.
    However, given the grasp of the scientific underpinnings of the proposed new standard
    the Board exhibits in this opinion and order, it is difficult to understand the Board’s
    rational for subsequently proposing that POTWs should not have to meet this standard.
    The Board proposes a standard for POTWs that, by its own analysis, is NOT protective of
    aquatic biota (a 30 pCi/L combined standard) and effectively extends the mixing zone for
    a mile downstream. Within this one-mile zone entire populations of endangered or
    threatened species would be at risk of extirpation. The Boardjustifies this approach
    based on the assertion that it wishes to provide “regulatory relief’ to POTWs. The reality
    is that no testimony has been provided by IEPA or the POTWs demonstratingthat the
    original standard of 1.0 pCiIL radium 226, let alone the Board’s proposed new standard
    of 3.75 pCi/L combined 226 and 228, warrants such relief. IEPA staff testified that
    compliance with the existing 1.0 pCi/L radium 226 standard would only be aproblem for
    POTWs discharging to 7QlO low or no-flow streams (lowest consecutive 7 day
    streamfiow that is likely to occur in a ten year period). When asked by the Board how
    many POTWs discharged to low or no-flow 7Q10 streams, IEPA staff admitted they did
    not know, but asserted the number was small. The POTWs asserted that there would be
    Electronic Filing, Received, Clerk’s Office, August 15, 2005
    increased costs associated with compliance with the existing radium standard, but
    estimates of costs beyond those associated with meeting the 5 pCi/L drinking water
    standard were vague at best, and even these estimates did not reflect the relief which
    would be provided by the Board’s proposed new 3.75 pCi/L standard. By proposing a
    water quality standard unique to a single category of discharger, the Board is effectively
    abandoning its responsibility under the Illinois Environmental Protection Act, (a
    responsibility it elsewhere asserts in this opinion and order) to protect Illinois’ aquatic
    biota based on vague, undocumented assertions of a regulatory burden. Further, what is
    the Board’s basis for extending the mixing zone for one mile? Why not
    Vz
    mile or 2
    miles? This distance has no scientific foundation and appears entirely arbitrary. Thank
    you for the opportunity to comment on this rulemaking.
    Respectfully,
    Dr. Brian D. Anderson
    Sectronic Filing, Received, Clerk’s Office, August 15, 2005
    CERTIFICATE OF SERVICE
    The undersigned, an attorney, certifies that lie/she has served upon the individuals listed
    on the attached Service List a true and correct copy of
    COMMENTS SUBMITTED BY DR.
    BRIAN D. ANDERSON AT TIlE CLOSE OF THE SECOND FIRST NOTICE COMMENT
    by First Class Mail, postage prepaid, on August 15, 2005.
    Electronic Filing, Received, Clerk’s Office, August15, 2005
    J)~1~’I0F’8,’4,’05
    Due to be Filed 8/15/051
    SERVICE LIST
    R04-21
    Richard Lanyon
    Metropolitan Water Reclamation District
    100 E. Erie Street
    Chicago, IL 60611
    Deborah J. Williams
    Stefanie N. Diers
    IEPA
    1021 N. Grand Avenue East
    P.O. Box 19276
    Springfield, IL 62794-9276
    Roy M. Harsch
    Sasha M. Engle
    Gardner Carton & Douglas
    191 N. Wacker Drive
    Suite 3700
    Chicago, IL 60606-1698
    Claire A. Manning
    Brown, Hay & Stephens LLP
    700 First Mercantile Bank Building
    205 S. Fifth Street
    P.O. Box 2459
    Springfield, IL 62705-2459
    Albert F. Ettinger
    Environmental Law and Policy Center
    35 F. Wacker Drive
    Suite 1300
    Chicago, IL 60601
    Matthew
    J. Dunn
    RoseMarie Cazeau
    Office of the Attorney General
    Environmental Bureau
    188W. Randolph,
    20th
    Floor
    Chicago, IL 60601
    John McMahon
    Wilkie & MeMahon
    1 E. Main Street
    #214
    Champaign, IL 61820-36 15
    Dorothy M. Gunn
    Amy Antoniolli
    Illinois Pollution Control Board
    100W. Randolph Street
    Suite 11-500
    Chicago, IL 60601
    Dennis L. Duffield
    City of Joliet, Department of Public Works
    and Utilities
    921 E. Washington Street
    Joliet, IL 60431
    William Richardson
    Illinois Department ofNatural Resources
    One Natural Resources Way
    Springfield, IL 62702-127 I
    Lisa Frede
    CICI
    2250 E. Devon
    Des Plaines, IL
    William D. Seith
    Total Environmental Solutions
    631 E. Butterfield Road
    Suite 315
    Lombard, IL 60148
    Abdul Khalique
    Metropolitan Water Reclamation District
    of Greater Chicago
    6001 W. Pershing Road
    Cicero, IL 60804
    Avenue, Suite 239
    60018

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