NOTICE

RECEIVED

NOV .3.0

2005

STATE OF ILLINOIS

Pollution Control Board

TO:

Dorothy Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100W. Randolph Street 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, fllinois 60601

(OVERNIGHT VIA MAIL)

PLEASE TAKE NOTICE that I have filed with the Office of the Clerk of the

Pollution Control Board the ILLINOIS EPA’S STATUS REPORT on behalfof the

Illinois Environmental Protection Agency, a copy ofwhich is herewith served upon you.

Dated: November 29, 2005

Illinois Environmental Protection Agency

1021 North Grand Avenue East

Springfield, Illinois 62794-9276

(217) 782-5544

ILLINOIS FJ’TVIRONMENTAL

tefanie N. Diers

sistant Counsel

ivision of Legal Counsel

THIS FILING IS SUBMITTED ON

RECYCLED PAPER

RECEIVED

BEFORE THE ILLINOIS POLLUTION CONTROL

BOARD CLERICS OFFICE

IN THE MATTER OF:

PROPOSED AMENDMENTS TO

DISSOLVED OXYGEN STANDARD

35 JILL. ADM. CODE 302.206

)

R04-25

)

NOTICE

RECEIVED

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERICS OFFICE

IN THE MATTER OF:

)

NOV

9 2005

PROPOSED AMENDMENTS TO

)

R04-25

STATE OF ILLINOIS

DISSOLVED OXYGEN STANDARD

)

Pollution Control Board

35 III. Adm. Code 302.206

ILLINOIS EPA’S STATUS REPORT

The Illinois Environmental Protection Agency (“Illinois EPA”) hereby

submits this Status Report in compliance with the Hearing Officer’s Order of

November 3, 2005. This report represents the position of the Illinois EPA as well

as the Illinois Department of Natural Resources (“IDNR”). Illinois EPA states as

follows:

Since the filing of Illinois EPA’s last status report of October 28, 2005,

Illinois EPA and IDNR continue to work to develop a state position concerning

Illinois’ current dissolved oxygen standard. The two agencies have held several

meetings since the filing of the October 28, 2005 status report to further discuss

various issuesconcerning the development of an interim tiered approach for

dissolved oxygen.

Since the filing of the October 28, 2005 status report, stafffrom the Illinois

EPA and IIDNR staff have continued reviewing and analyzing data to

determine

what waters would warrant a higher dissolved oxygen standard, while focusing

greater attention on developing a dissolved oxygen standard based onithisidata

analyzed by both agencies. As previously stated, this process has been proven

to be complex and time consuming for both agencies.

Illinois EPA and IDNR have developed a preliminary recommendation on

modification of the current general use water quality standard. A fundamental

aspect of the joint recommendation is that because natural variation of dissolved

oxygen profiles within the broad range of general use waters of the State of

Illinois, a single uniform standard is no longer appropriate. Additional categories

and sophistication can be as complex and detailed as available information and

data will support, however, Illinois EPA and IDNR believe that a two-tiered

dissolved oxygen standard is a significant improvement over the current

standard. Illinois EPA and IDNR are developing a proposal for Board

consideration that will establish a two tiered dissolved oxygen standard, one tier

is generally protective of a full and diverse aquatic community and the second

sets incrementally higher oxygen levels for those systems supporting species

believed to associate with higher ambient oxygen concentrations.

This preliminary recommendation was presented and discussed at a

stakeholders meeting on November 15, 2005. This meeting was attended by

IDNR, Illinois EPA, Illinois American Wastewater Agencies, Illinois Environmental

Regulatory Group, Sierra Club, Prairie Rivers, US EPA, and Friends of the

Chicago River. The stakeholders were asked to provide the two agencies

comments based on the information and concepts presented.

While stakeholders were asked to consider this preliminary

recommendation and provide feedback at their convenience, Illinois EPA and

IDNR need to mpve forward on two fronts: a) completion of our technical

analysis, documentation and report preparation to develop a full record at a

future Board Hearing, and b) refinement of specific language of a proposed

standard for the Board’s consideration.

It is our intent to complete this effort and be ready to proceed to a hearing

as early the month of March 2006.

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 January 31, 2006. In this status report, Illinois EPA will explain the

progress to date, the status of stakeholder discussions and meetings. Also,

Illinois EPA will include if appropriate the suggested dates for a fourth hearing..

Respectfully submitted,

ILLINOIS ENVIFONMENTAL,...,~

PR0TEc/JflAGENCY ,~ 1

t~723&KS~O

Date: November 29, 2005

1021 N. E. Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

21 7-782-5544

Assistant Counsel

Division of Legal Counsel

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

100 W. Randolph Street, Suite 11-500

Chicago, Illinois 60601

(OVERNIGHT VIA MAIL)

and mailing it by First Class Mail from Springfield, Illinois on November 29,

2005,

with

sufficient postage

affixed.

SUBSCRIBED AND SWORN TO BEFORE ME

this

29th

day ofNovember, 2005

,,rf

Notary Public

THIS FILING IS SUBMITTED ON RECYCLED PAPER

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 of Geneva

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 of Illinois

2250 E Devon Avenue, Suite 239

Des Plaines, Illinois 60018

James Daugherty

Thorn 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 Elzemeyer

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 of Public Works & Utilities

921 E. Washington Street

Joliet, Illinois 60431

CON’T SERVICE LIST R 04-25

Mike Callahan

Bloomington Normal Water Reclamation District

P0 Box 3307

Bloomington, Illinois 61702-3307

Larry Cox

Downers Grove Sanitary District

2710 Curtiss Street

Downers Grove, Illinois 60515

Todd Main

Friends of the Chicago River

407 5 Dearborn, Suite 1580

Chicago, Illinois 60605

Vicky McKinley

Evanston Environment Board

223 Grey Avenue

Evanston, Illinois 60202

Tom Muth

Fox Metro Water Reclamation District

682 State Route 31

Oswego, Illinois 60543

Irwin Polls

Ecological Monitoring &

3206 Maple Leaf Drive

Glenview, Illinois 60025

Assessment

Stanley Yonkawski

Illinois Department of Natural Resources

One Natural Resources Way

Springfield, Illinois 62702-1271

Erika Powers

Barnes & Thornburg

1 N Wacker, Suite 4400

Chicago, Illinois 60606

Albert Ettinger

Environmental Law & Policy Center

35 E Wacker, Suite 1300

Chicago, Illinois 60601

Thomas Murphy

2325 N Clifton Street

Chicago, Illinois 60614

Marc Miller

Michael Fischer

Office of Lt. Governor Pat Quinn

State House, Room 214

Springfield, Illinois 62706