S—23—05; 4:43PM

;

American Bottom Conservancy

~‘

Friends of the

Fox

River

Illinois Council of Trout Unlimited

*

Illinois Environmental Council

*

Illinois Smailmouth

Alliance

*

Illinois

Stewardship Alliance

*

Illinois Public

Interest Research

Group ‘Livable

Communities

Alliance’

McHenry County Defenders

PraIrie

Rivers Network’ Sierra

Club,

Illinois Chapter

\

RECEIVED

August 23,

2005

CLERK’S OFFICE

Illinois Pollution Control Board

AUG 242005

James R. Thompson Center

/

QTAI’

(IF ILLINOIS

100W. Randolph. Suite 11-500

pd~jci’~ontroiBoard

Chicago, IL

60601

Dear Board

Members:

The

undersigned conservation and

angling groups

are

writing to

express

our

support

for

the

position of

the Illinois Department of

Natural

Resources (Department) in

the

matter regarding

Proposed Amendments to Dissolved Oxygen

Standard 35 Ill. Mm. Code 302.206 (R 04-025).

On August 3.

2005, Dr.

David L.

Thomas.

Chief

of

the Illinois Natural

History Survey,

a

Division of the Department, filed testimony stating that the

Department

opposes

the

proposed

amendments. The Department recommends maintaining the present dissolved oxygen standard.

citing a

failure

on

the

part

of the

petitioners

to

demonstrate that

all aquatic biota

in

the

state

would be adequately

protected

by the proposed

amended

standard.

We

support the Department’s

recommendation and urge

the

Board

to

reject

the proposed amendments.

Data

presented

by

the

JAWA are

not sufficient to

demonstrate that the proposed

lower

dissolved oxygen standard during

much

of the

year

would

protect the most sensitive

life

stages

of fish thatoccur In Illinois waters.

The

proposal

would lower

the state’s

dissolved oxygen

standard

during the months of July

through

February

based on the theory that the life history of Illinois fish allows them to tolerate

lower levels of oxygen during these months.

While USEPA guidance on dissolved oxygen standards

indicates

that it may be possible to

establish seasonal

criteria

for dissolved oxygen, it warns that regulators must accurately

determine the

presence

or

absence

of the more sensitive life

stages

of fish prior to adopting less

stringent

seasonal

criteria. USEPA guidance defines the sensitive early life

stage season

to

include

all

embryonic

and larval

stages

and all

juvenile fonns to 30-days following hatching.

The IAWA document “An Assessment of National

and

Illinois Dissolved Oxygen Water Quality

Criteria” (IAWA Assessment) acknowledges,

and

The Fishes of

Illinois

confirms, that several

species

of

fish in Illinois

are

known to spawn throughout the summer months, thereby ensuring

that

fish

will be present in the

sensitive

early life

stages

throughout the summer

and

into the early

fall. Therefore,

any

lowering of the dissolved oxygen criteria during that period could put

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8—23—OS: 4:43PM

numerous fish species at risk. Additionally,

there are species

of

fish

in Illinois for which Jife

history is not fully understood

at this

time. In

the

absence

of such information. USEPA guidance

suggests that

“the

default

criteria

would be those

that

would

protect all

life

stages year-round.”

Given

both

of these

points,

IAWA’s

proposal to seasonally

lower

the

dissolved oxygen

criteria

is

not

supported

by

USEPA recommendations or existing

science~

Data presented

by

the

JAWA do not demonstrate that other sensitive aquatic organisms

would

be protected

by the

proposed

amendments.

In

addition to having negative impacts

on

fish species in Illinois, the proposed rule could have

significant effects

on other

aquatic

life.

While the information is limited,

there have

been

studies showing, as the IAWA Assessment

acknowledges,

that mussels (many of which are

threatened

or

endangered

in Illinois) and

other

rnacroinvertebrates

found in Illinois streams

are

“far less

tolerant

of

prolonged

exposure to

hypoxic conditions

than

most fish.” Of

further

concern,

the IAWA

Assessment indicates that pesticides

and other toxicants have been

shown to

further reduce

invertebrate

tolerances to low oxygen. As the

use

of pesticides in Illinois is

greater

than the use

in virtually any other state, and

much of

it

ends up

in

our rivers, it

seems

likely

the impacts

of low oxygen on

invertebrates could

be exacerbated.

The proposed

amendments

do not propose a way to

ass~s

compliance

with

the proposed

amendments,

nor

are resources

with

which to do so readily

apparent.

There is no way to assess

compliance

with

the

proposed weaker dissolved

oxygen

standard

without

the installation

and

maintenance of continuous monitoring instrumentation throughout

the

state

for

extended

periods

of time.

While

most

would

agree

that

more

continuous

monitoring

data should be collected

in

Illinois,

the state

does

not have the resources to collect the

quantity of

data required to ensure

compliance

with the

proposed

rule. It seems counterintuitive to adopt

weaker

standards that

greatly increase the risks for fish

and

other aquatic life when compliance

assessment is not possible.

The data and

framework

for a scientifically-defensible and economicalJy efficient revision

to Illinois’ dSolved oxygen

standards

are

not

yet in place.

We

certainly agree that

it would be more efficient to

set adissolved

oxygen

standard for

Illinois

in a hierarchical manner, so that in

any particular

water

body

the

standard

is appropriate to its

physical characteristics

and

the best possible assemblage of organisms given those physical

constraints.

A tiered

standard

would allow IAWA members to focus their wastewater

treatment

and

monitoring

efforts

in an environmentally

and

economically responsible way. This approach

will be made possible by restructuring Illinois’ system of designated uses for water

bodies,

focusing on addressing the

variety

of existing

and

attainable aquatic life uses in the

state.

We

all

look forward to working with the Illinois EPA, the Department, IAWA members,

and other

stakeholders in such an

effort and

then moving forward to develop a

tiered

dissolved oxygen

standard. In the meantime,

efforts

of IAWA members

and

other stakeholders will be most useful

if

directed

towards supporting additional monitoring

and

field studies that would fill some of the

data gaps preventing adoption of a revised standard at this time.

2

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8—25—ca;

4:43PM

21 7344234i

4

4

In conclusion, given the lack of data sufficient to

demonstrate that the proposed amendments

to

the

state’s dissolved

oxygen standard would be protective of sensitive organisms in

all waters of

the state, we urge

the Board to

follow

the

recommendations of

the Department,

the

agency

responsible

for protecting

and

managing the state’s

natural resources, and

reject the proposed

amendments.

Thank you veiy much for yoUr consideratIon.

Sincerely,

Kathy Andria

Chuck

Roberts

American

Bottom

Conservancy

Friends of

the

Fax River

Edward Michael

Jonathan Goldman

Illinois Council of Trout Unlimited

Illinois Environmental Council

James Jozwiak

Mark Beorkrem

Illinois Smalimouth Alliance

Illinois Stewardship Alliance

Rebecca Stanfield

Kim Kowaiski

Illinois PIRG

Livable Communities Alliance

Christopher Paluch

Jean Flemina

McHenry County

Defenders

Prairie Rivers Network

Jack

Darin

Sierra aub.

Jiiinois

Chapter

S

3

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8—23—05

4:43PM

~

2I73442SS1:~

Prairie Rivers Network

Protecting Illinois’ Streams

AUG 24 2005

Executive Director

TO:

Hearing Officer R. McGill

STATE OF ILLINOIS

Jeaii Flemma

FROM:

Jean Flernina, Prairie Rivers Network

pollution Control Board

RE:

Case # R2004-025

Board of Directors

DATE:

August 23, 2005

?c~-~

I

Eric Freyfogle

President

Urbana

Attached please find public comments regarding the proposal by the Illinois

Association of Wastewater Agencies to lower the dissolved oxygen standard in

Anne

Phillips

Illinois. Please call me if you have any questions at 217-344-2371.

Secretary

Urban

Jon McNussen

Treasurer

VWa

Ciove

Brian Anderson

Rochester

Clark Dullard

Urbana

Charles

Goodall

Sidell

Carolyn

Grosboll

Petenburg

Bruce Hannon

Champaign

Jason Lindsey

Ward McDonald

Mahornet

Michael

Rosenthal

Glencoe

Virginia Scott

Springfield

809 South Fifth

Strut

Champaign, IL

L

618204215

.prairieriven.erg

217~344-2.371

Fax 217-344-2381

The

Illinois

Affiliate

ofthe National Wildlife Federation

on

recycled