IN THE MATTER OF:
PROPOSED AMENDMENTS TO
DISSOLVED OXYGEN STANDARD
35 ILL. ADM. CODE 302.206
TO:
Dorothy Guim, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
(OVERNIGHT VIA MAIL)
SEE
ATTACHED SERVICE LIST
Regular Mail
Richard McGill, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
(OVERNIGHT VIA MAIL)
PLEASE TAKE NOTICE that I have filed with the Office of the Pollution
Control Board the ILLINOIS EPA’S STATUS REPORT on behalf ofthe Illinois Environmental
Protection Agency, a copy ofwhich is herewith served upon you.
Date: October 27, 2005
1021 North Grand Avenue East
P.O. Box 19276
Spring field, IL 62794-9276
217/782-5544
ILLINOIS ENVIRONMENTAL
,4~tefanieN. Diers
sistant Counsel
(Pvision of Legal Counsel
THIS FILING IS SUBMITTED ON
RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD ~ E
C E IV ED
CLERK’S OFFICE
)
0C1282005
)
STATE OF ILLINOIS
)
R
04-25
Pollution Control Board
)
)
NOTICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
INTHEMATTEROF:PROPOSED
AMENDMENTS TO
))
R04-25
STATE
OCT28
OF
2005
ILLINJO!
DISSOLVED OXYGEN STANDARD
)
Pollution Control BJd
35 III. Adm. Code 302.206
ILLINOIS EPA’S STATUS REPORT
The Illinois Environmental Protection Agency (“Illinois EPA”) hereby
submits its Status Report in compliance with the Hearing Officer’s Order of
August 30, 2005. Illinois EPA states as follows:
1)
Since the hearing of August 25, 2005, Illinois EPA has been
working with staff at the Illinois Department of Natural Resources (“IDNR”) to
develop a state position concerning Illinois’ current dissolved oxygen standard.
The two agencies have held several meetings since the August hearing to
discuss various issues concerning the development of an interim tiered approach
for dissolved oxygen.
2)
Since the August hearing, IDNR staff has been reviewing and
analyzing fish data to determine dissolved oxygen sensitive fish species, while
the staff at IEPA has focused its attention on dissolved oxygen sensitive
macroinvertebrate taxa. This process has been proven to be complex and time
consuming for both agencies.
3)
On October 19, 2005 a stakeholders meeting was held in Chicago,
Illinois. This meeting was attended by IDNR, Illinois EPA, Illinois American
Wastewater Agencies, Illinois Environmental Regulatory Group, Sierra Club,
Prairie RiQers, US EPA, Friends of the Chicago River and Midwest Generation.
1
At this meeting the stakeholders were provided an update as to what Illinois EPA
and IDNR have been working on since the August hearing and was provided a
list of dissolved oxygen sensitive fish species, a list of sensitive
macroinvertebrate taxa, dissolved oxygen sensitive mussel species and an
explanation has to how these lists were developed. Based on the discussion at
the October19 stakeholders meeting, it was determined that an additional
stakeholders meeting was appropriate.
4)
A stakeholders meeting is scheduled for November 15, 2005, in
Springfield, Illinois.
5)
Illinois EPA and IDNR are hopeful that in the near future the
supplemental assessment activities currently being undertaken will be
completed, the results evaluated and a position developed that both Illinois EPA
and IDNR can support with confidence.
6)
Accordingly, Illinois EPA and IDNR proposes that and would
request the Hearing Officer schedule an additional status report to be filed by
Illinois EPA on or before November 30, 2005. In this status report Illinois EPA
will explain the progress to date, the status of stakeholder discussions and
possible meetings. Also, Illinois EPA will include if appropriate the suggested
dates for a fourth hearing.
2
Respectfully submitted,
Date: October 27, 2005
1021 N. E. Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
217-782-5544
ILLINOIS ENVIRONMENTAL
PROTEgtçIONJA~GENCY
By:~(O22UfQ
113
Assistant Counsel
Division of Legal Counsel
3
SERVICE LIST R 04-25
Michael Rosenberg, Esq.
Richard Lanyon
Metropolitan Water Reclamation District
100 East Erie Street
Chicago, illinois 60611
Matthew Dunn
Office ofthe Attorney General
188 West Randolph,
20th
Floor
Chicago, Illinois 60601
Roy Harsch
Sheila Deeley
Gardner Carton & Douglas
191 N Wacker Drive, Suite 3700
Chicago, Illinois 60606
John Donahue.
City ofGeneva
22 South First Street
Geneva, Illinois 60134
N. LaDonna Driver
Illinois Environmental Regulatory Group
3150 Roland Avenue
Springfield, Illinois 62703
Benard Sawyer
Metropolitan Water Reclamation District
6001 W Pershing Rd
Cicero, Illinois 60650
Lisa Frede
Chemical Industry Council ofIllinois
2250 E Devon Avenue, Suite 239
Des Plaines, Illinois 60018
James Daugherty
Thom Creek Basin Sanitary District
700 West End Avenue
Chicago Heights, Illinois 60411
Claire Manning
Brown, Hay & Stephens LLP
205 South
5th
Street
P0 Box 2459
Springfield, Illinois 62705
Tracy Elzerneyer
Illinois-American Water Company
535
North New Ballas Road
St. Louis, MO 63141
Katherine Hodge
Hodge Dwyer Zeman
3150 Roland Avenue
P0 Box 5776
Springfield, Illinois 62705
Margaret Howard
Hedinger Law Office
2601 South
5th
Street
Springfield, Illinois 62703
Frederick Keady
Vermillion Coal Company
1979 Johns Drive
Glenview, Illinois 60025
Fred Hubbard
19 West Madison
P0 Box 12
Danville, Illinois 61834
W.C. Blanton
Blackwell Sanders Peper Martin LLP
4801 Main Street, Suite 1000
Kansas City, MO 64112
Dennis Duffield
Dept ofPublic Works & Utilities
921 E. Washington Street
Joliet, illinois 60431
CON’T SERVICE LIST R 04-25
Mike Callahan
Todd Main
Bloomington Normal Water Reclamation District
Friends of the Chicago River
P0 Box 3307
407 S Dearborn, Suite 1580
Bloomington, Illinois 61702-3307
Chicago, Illinois 60605
Larry Cox
Vicky McKinley
Downers Grove Sanitary District
Evanston Environment Board
2710 Curtiss Street
223 Grey Avenue
Downers Grove, Illinois 60515
Evanston, Illinois 60202
Tom Muth
Irwin Polls
Fox Metro Water Reclamation District
Ecological Monitoring & Assessment
682 State Route 31
3206 Maple Leaf Drive
Oswego, Illinois 60543
Glenview, Illinois 60025
Stanley Yonkawski
.
Thomas Murphy
Illinois Department ofNatural Resources
2325 N Clifton Street
One Natural Resources Way
Chicago, Illinois 60614
Springfield, Illinois 62702-1271
Marc Miller
Erika Powers
Michael Fischer
Barnes & Thornburg
Office ofLt. Governor Pat Quinn
1 N Wacker, Suite 4400
.
State House, Room 214
Chicago, Illinois 60606
Springfield, Illinois 62706
Albert Ettinger
Environmental Law & Policy Center
35 E Wacker, Suite 1300
Chicago, Illinois 60601
STATE OF ILLINOIS
)
COUNTY OF SANGAMON
)SS.
)
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached Illinois EPA’s Status
Report upon the person to whom it is directed, by placing it in an envelope addressed to:
TO:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
(OVERNIGHT VIA MAIL)
SEE ATTACHED SERVICE LIST
Regular Mail
Richard McGill, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
(OVERNIGHT VIA MAIL)
and mailing it by First Class Mail from Springfield, Illinois on October 27, 2005, with sufficient
postage affixed.
SUBSCRIBED AND SWORN
TO
BEFORE ME
this ~
day ofOctober, 2005
otary Public
OFFICIAL SEAL
BRENDA BOEHNER
t
NOTARY PUBliC, STATE OF ILLINOIS
±MYCOMMISSION EXPIRES 11.14.2005;
THIS FILING IS SUBMITTED ON RECYCLED PAPER
