R ER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S OFFICEV
7:,; E)
NJ V 2 1 2006
AMERICAN BOTTOM CONSERVANCY
)
Pollution
STATE OF
Control
ILLINOIS
Board
Petitioner,
)
v .
)
PCB 06-171
(3rd Party NPDES Permit
Appeal)
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY and UNITED STATES STEEL
)
CORPORATION - GRANITE CITY WORKS,
)
Respondents
.
)
ILLINOIS EPA'S RESPONSE TO AMERICAN BOTTOM CONSERVANCY'S
REQUEST FOR ADMISSIONS, PRODUCTION OF DOCUMENTS, AND
INTERROGATORIES
NOW COMES the Respondent, the Illinois Environmental Protection Agency ("Illinois
EPA" or "Agency"), by one of its attorneys, Sanjay K
. Sofat, Assistant Counsel and
Special Assistant Attorney General, and pursuant to the Illinois Pollution Control Board
("Illinois PCB" or "Board") Regulations at 35 Ill . Adm. Code 101 .614, 101 .616, 101 .618,
101 .620, 105.202(a)-(b), and 105 .204(b), the Illinois Code of Civil Procedures, the
Illinois Supreme Court Rules, hereby responds to the American Bottom Conservancy's
("Petitioner" or "ABC") request to produce documents, request to admit, and
interrogatories with regard to this proceeding and the issuance of NPDES permit
IL0000329 .
GENERAL OBJECTIONS
The Illinois EPA objects to each of the Petitioner's request to produce documents,
t
request to admit, interrogatories, definitions, and instructions to the extent that,
individually or cumulatively, they purport to impose upon the Illinois EPA duties or
obligations which exceed or are different from those imposed upon the Illinois EPA by
the Illinois Environmental Protection Act, Illinois Administrative Code, and Illinois Code
of Civil Procedure .
The Illinois EPA further objects to each of the Petitioner's request to produce
documents, request to admit, interrogatories, definitions, and instructions to the extent
that they call for attorney-client communications between or among Illinois EPA's
counsel, attorney work product, or any other privileged matters
.
AGENCY'S RESPONSES TO AMERICAN BOTTOM CONSERVANCY'S
REOUESTS FOR ADMISSION ARE IN BOLD LETTERS
:
The name of the Illinois EPA employee(s) responding to the question is provided at the
end of response
. A Verification from each of the respondents is enclosed .
ADMISSION NO. 1
: Admit that on March 31, 2006, IEPA was aware that persons
consume fish caught from Horseshoe Lake
.
Partially Admit
. As Horseshoe Lake is a General Use waterbody under the Board
regulations, it
is protected for aquatic life use, including fish consumption
.
However, neither the Permit Section nor the Standards Unit has
specific knowledge
that persons consume fish caught from Horseshoe Lake
. Blaine Kinsley and Bob
Mosher.
2
ADMISSION NO. 2 : Admit that on March 31, 2006, [EPA was aware that persons
consume waterfowl that are taken at or near Horseshoe Lake
.
Partially Admit. As Horseshoe Lake is a General Use waterbody under the Board
regulations, it is protected for wildlife life use
. However, neither the Permit Section
nor the Standards' Unit has specific knowledge that persons consume waterfowl
that are taken at or near Horseshoe Lake . Blaine Kinsley and Bob Mosher
.
ADMISSION NO. 3
: Admit that on March 31, 2006, IEPA was aware that a significant
portion of Horseshoe Lake was included in a state park used by the public for recreational
activities, including fishing, bird watching, hiking, hunting, and boating
.
Admit. Bob Mosher.
ADMISSION NO . 4
: Admit that on March 31, 2006, IEPA was aware that the
organizations that submitted comment letters relating to the Permit had collectively at
least several thousand members .
Partially Admit
. On January 17 and 18, 2006, the Agency received comment letters
from Kathleen Logan-Smith and ABC
. Neither the Permit Section nor Standards'
Unit has specific knowledge that the above-mentioned organizations have at least
several thousand members
. Blaine Kinsley and Bob Mosher .
3
ADMISSION NO. 5
: Admit that on March 31, 2006, Horseshoe Lake was considered to
be impaired under section 303(d) of the federal Clean Water Act due to excessive levels
of zinc.
Objection, this issue was not raised in the comment letters filed within the public
comment period that ended on January 18, 2005
. Thus, the question is outside the
scope of the Board hearing.
ADMISSION NO. 6
: Admit that zinc concentrations in the bottom sediment of
Horseshoe Lake are "highly elevated" (as stated in IEPA's September 2006 response to
ABC's comments on the Stage I TMDL report for the Cahokia Canal/Horseshoe Lake
watershed).
Objection, this issue was not raised in the comment letters filed within the public
comment period that ended on January 18, 2005
. Thus, the question is outside the
scope of the Board hearing
. Further, the term "highly elevated" is ambiguous
.
ADMISSION NO. 7
: Admit that the Permit allows for USS to discharge more than 4,000
pounds of zinc per year into Horseshoe Lake
.
Objection, this issue was not raised in the comment letters filed within the public
comment period that ended on January 18, 2005
. Tbus, the question is outside the
4
scope of the Board hearing.
ADMISSION NO. 8
: Admit that USS discharges zinc into Horseshoe Lake .
Objection, this issue was not raised in the comment letters filed within the public
comment period that ended on January 18, 2005 . Thus, the question is outside the
scope of the Board hearing
.
ADMISSION NO. 9
: Admit that the Permit allows for USS to discharge more than 2,000
pounds of lead per year into Horseshoe Lake .
Partially Admit
. The NPDES permit contains limits and monitoring for lead
pursuant to the Federal Categorical regulatory requirements . Further, no
reasonable potential exists to exceed water quality standards for lead
. Blaine
Kinsley and Bob Mosher .
ADMISSION NO . 10: Admit that USS discharges lead into Horseshoe Lake
.
Partially Admit
. The NPDES Permit IL0000329 allows USS to discharge only
background concentrations of lead in the raw water
. USS does not use lead in its
process or as a raw material, thus USS, does not add to existing concentrations of
lead in the intake water . Blaine Kinsley and Bob Mosher .
5
AGENCY'S RESPONSES TO AMERICAN BOTTOM CONSERVANCY'S
RE UE',ST FOR PRODUCTION OF DOCUMENTS ARE IN BOLD LETTERS
:
The answers to ABC's request for production of documents are made by Blaine Kinsley,
Unit Manager, Bureau of Water, Illinois EPA, in accordance with his Verification below
.
The objections to the request are made by the Illinois EPA's attorney, Sanjay K
. Sofat.
REQUEST NO . 1
: All documents evidencing a communication between IEPA and USS
relating to the Permit during the period from December 19, 2004, through March 31,
2006
. This request does not include documents included within the administrative record
filed in this matter .
See the Agency Record and Attachment
I. Blaine Kinsley.
Objection.
: Section 40(e) of the Illinois Environmental Protection Act requires the
Board to (base its decision "exclusively on the record before the Agency
." 415 ILCS
5/40(e) (2006)
.
REQUEST NO . 2
: All documents relating to correspondence dated October 3, 2005, and
December 12, 2005, from the Washington University Interdisciplinary Environmental
Clinic to IEPA
. This request does not include documents included within the
administrative record filed in this matter
.
See the Agency Record and Attachment
I. Blaine Kinsley .
Objection
: Section 40(e) of the Illinois Environmental Protection Act
requires the
6
Board to base its decision "exclusively on the record before the Agency
." 415 ILCS
5/40(e) (2006).
REQUEST NO . 3
: All documents relating to IEPA's decision on the issue of whether to
hold a public hearing for the Permit
. This request does not cover documents included
within the administrative record filed in this matter
.
See the Agency Record and Attachment
I. Blaine Kinsley .
Objection
: Section 40(e) of the Illinois Environmental Protection
Act requires the
Board to base its decision "exclusively on the record before the Agency
." 415 ILCS
5/40(e) (2006) .
REQUEST NO . 4
: All documents relating to the Permit that were created between
December 19, 2004 and March 31, 2006
. This request does not cover documents
included in the administrative record filed in this matter .
See the Agency Record and Attachment
I. Blaine Kinsley
.
Objection
: Section 40(e) of the Illinois Environmental Protection Act
requires the
Board to base its decision "exclusively on the record before the Agency
." 415 ILCS
5/40(e) (2006) .
REQUEST NO . 5
: All documents IEPA uses as guidance when determining whether to
hold a public hearing on a NPDES permit
. This request includes generally applicable
7
policy guidance and memoranda, not factual information relating to any particular permit .
See the Agency Record and Attachment I. Blaine Kinsley .
Objection : Section 40(e) of the Illinois Environmental Protection Act requires the
Board to base its decision "exclusively on the record before the Agency
." 415 ILCS
5/40(e) (2006) .
REQUEST NO . 6 : All documents created by IEPA explaining the reasons why [EPA
decided not to hold a public hearing when such a hearing was requested in regard to any
NPDES permit issued in the last three years.
See the Agency Record and Attachment I. Blaine Kinsley .
Objection : Overly broad . Further, Section 40(e) of the Illinois Environmental
Protection Act requires the Board to base its decision "exclusively on the record
before the Agency." 415 ILCS 5/40(e) (2006).
REQUEST NO . 7 : All documents that IEPA intends to use as an exhibit at the hearing in
this matter. In lieu of producing documents already in the administrative record, IEPA
.
may provide the page numbers in the record for such documents .
See the Agency record, including pages 532-539, and Attachment I. Blaine Kinsley.
REQUEST NO . 8
: All documents identified, mentioned, or referred to in your answers
8
to American Bottom Conservancy's First Set of Interrogatories or relied upon by your
attorneys
:in responding to those interrogatories
. In lieu of producing documents already
in the administrative record, IEPA may provide the page numbers in the record for such
documents .
See the Agency Record and Attachment I.
Blaine Kinsley .
Objection
: Section 40(e) of the Illinois Environmental Protection Act requires the
Board to base its decision "exclusively on the record before the Agency
." 415 ILCS
5/40(e) (2006) .
AGENCY'S RESPONSES TO AMERICAN BOTTOM CONSERVANCY'S
INTERROGATORIES ARE IN BOLD LETTERS
The answers to the request to produce are made by Blaine Kinsley, Unit Manager, Bureau
of Water, Illinois EPA, in accordance with his Verification below
. The objections to the
request to produce are made by the Illinois EPA's attorney, Sanjay K
. $ofat.
INTERROGATORY NO . 1
: State with specificity the process IEPA undertakes when
deciding whether to grant a public hearing on a NPDES permit
.
A general outline of the process used to review a request for a public hearing is as
follows:
1 . The NPDES permit is placed on
public notice for a period of 30 days
.
2
. The Agency receives comments on the NPDES permit from interested parties
.
9
3
. Those comments are reviewed first by the review engineer assigned to that
NPDES permit .
4. If any of the comments are significant and require a change in the NPDES
permit, those changes are incorporated into the permit .
5. If there is also a request to hold a public hearing, the request is evaluated by the
review engineer based on the factors listed in the answer to Interrogatory No
. 2
below
.
6
. The request to hold a hearing is then discussed with supervisory personnel based
on interest and comments received during the comment period .
7
. A final recommendation to hold or not bold a hearing is prepared for the
Director's review . Blaine Kinsley.
INTERROGATORY NO . 2
: Identify all factors [EPA considers when deciding whether
to grant a public hearing on a NPDES permit
.
The Agency reviews all of the comments received during the public notice period
and evaluates the request to hold or not hold a hearing on the following factors :
1
. A significant degree of public interest, whether it be in the form of letters from
individuals, or letters from groups of interested citizens.
2
. Nature and extent of comments received during the public comment period
.
3
. Relevance of the comments to activities authorized under the proposed permit
.
Blaine Kinsley .
10
INTERROGATORY NO . 3
: Identify the persons who participated in the decision
whether to grant a public hearing for the Permit .
Beth Burkard, Blaine Kinsley, Al Keller, Toby Frevert, Marcia Wilihite, Doug
Scott. Blaine Kinsley
INTERROGATORY NO
. 4
: Explain the rationale for why [EPA did not grant a public
hearing for the Permit, including, but not limited to, the factors that were relevant in
making this decision
.
ABC's comments received during the comment period were either non-significant in
that the comments did not provide any additional information the Agency would
have used in drafting the permit or that the comments were on non-NPDES permit
related issues . The Agency thus concluded that ABC's comments did not amount to
the significant degree of public interest in the proposed draft permit
. Blaine
Kinsley.
INTERROGATORY NO . 5 : State the number of public hearings held by IEPA on
NPDES permits each year for the last three years .
11
2003
6
2004
2
2005
7
2006
INTERROGATORY NO
. 6:
State the number of requests for public hearings on NPDES
permits that [EPA denied each year for the last three years
.
The Agency does not keep any record of the number of public hearings requests
denied each year. However, a count for the years
2005 and
2006 is provided based
on Mr. Keller's personal knowledge
.
2005
2006
INTERROGATORY NO
. 7 :
Identify all persons within IEPA who participated in the
issuance of the Permit between October 17,
2002 and March 31, 2006 . Include the date
range(s) that each person worked on the Permit
.
Ukanno Foxworth
Beth Burkard
Blaine Kinsley
Al Keller
Toby Frevert
Marcia Willhite
Doug Scott
1 as of October 26, 2006
I
3 as of October 30, 2006
October 2002 - February 2004
February 2004 - November 2005
November 2005 - March
2006
November
2005- March 2006
2006
2006
2006
12
INTERROGATORY NO . 8
: Identify any policy guide, internal memoranda, or other
guidance IEPA uses when deciding whether to hold a public hearing on a NPDES permit .
See the Board's regulations at 35 Ill . Adm. Code 309.115. Blaine Kinsley.
INTERROGATORY NO . 9
: Identify all documents in the administrative record filed in
this matter that evidence IEPA's rationale for
not granting a public hearing on the Permit .
See the Agency Record and Attachment
I. Blaine Kinsley .
INTERROGATORY NO. 10 : For each request in American Bottom Conservancy's First
Request for Admissions that IEPA denies in whole or in part, state the facts that support
such denial.
See the Agency Record and Attachment
I. Blaine Kinsley .
13
Date: October 30, 2006
1021' North Grand Avenue East
P .O
. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
14
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
BySanj
: ay
K . Sofat
Special Assistant Attorney General
STATE OF ILLINOIS
COUNTY OF SANGAMON
I, the undersigned, on oath state that on 30 t1i
of October 2006, I have sent a copy
of the AGENCY'S RESPONSE TO AMERICAN BOTTOM CONSERVANCY'S
REQUEST FOR ADMISSIONS, PRODUCTION OF DOCUMENTS, AND
INTERROGATORIES
upon the following persons via electronic communication :
Ted Heisel
Interdisciplinary Environmental Clinic
Washington University School of Law
One Brookings Drive - Campus Box 1120
St. Louis, MO 63130-4899
Carolyn S . Hesse
Erika K. Powers
David T . Ballard
Barnes & Thornburg LLP
One North Wacker Drive
Suite 44000
Chicago, IL 60606
C-
SS
PROOF OF SERVICE
18
Sanjay K. Sofat
THIS FILING PRINTED ON RECYCLED PAPER
STATE OF ILLINOIS
)
SS
COUNTY OF SANGAMON
)
VERIFICATION
Alan Keller, being duly sworn, states that he is the Manager of Water Pollution Control
Program, Illinois EPA
; that he is duly authorized to provide the foregoing answers to
request to produce documents, request to admit, and interrogatories on behalf of Illinois
Environmental Protection Agency
; and that he makes said answers based upon his
personal knowledge, his review of documents that he reasonably believes to be accurate,
and information provided to him by other section units that he reasonably believes to be
accurate .
17
Alan Keller
Subscribed and sworn to before me, a notary public in and for said County and
State, this _a~~day of October 2006
.
Notary Public
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STATE OF ILLINOIS
)
SS
COUNTY OF SANGAMON
)
VERIFICATION
Blaine Kinsley, being duly sworn, slates that he is the Industrial Unit Manager of Permit
Section, Water Pollution Control Program, Illinois EPA ; that he is duly authorized to
provide the foregoing answers to request to produce documents, request to admit, and
interrogatories on behalf of Illinois Environmental Protection Agency
; and that he makes
said answers based upon his personal knowledge, his review of documents that he
reasonably believes to be accurate, and information provided to him by other section
units that he reasonably believes to be accurate .
Subscribed and sworn to before me, a notary public in and for said County and
State, this ,')/ day of October 2006 .
15
Notary Public
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STATE OF ILLINOIS
)
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COUNTY OF SANGAMON
)
VERIFICATION
Bob Mosher, being duly sworn, states that he is the Manager of the Water Quality
Standards Section within Water Pollution Control Program, Illinois EPA
; that he is duly
authorized to provide the foregoing answers to request to produce documents, request to
admit, and interrogatories on behalf of Illinois Environmental Protection Agency
; and
that he makes said answers based upon his personal knowledge, his review of documents
that he reasonably believes to be accurate, and information provided to him by other
section units that he reasonably believes to be accurate .
Subscri
State, this
11 .5
and sworn to before me, a notary public in and for said County and
day of October 2006 .
16
Notary Public
My Commission Expires
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STilE OF ILLINOIS
RRESIt
BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
CLERK'S OFpICS
AMERICAN BOTTOM CONSERVANCY
NOV
)
2 ° 2006
Petitioner,
Pollution OF
ILLIN015
)
Control
Board
v.
)
PCB 06-171
(3`d Party NPDES Permit
Appeal)
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY and UNITED STATES STEEL
)
CORPORATION - GRANITE CITY WORKS,
)
Respondents .
)
ILLINOIS EPA'S AMENDED RESPONSE TO AMERICAN BOTTOM
CONSERVANCY'S REQUEST FOR ADMISSIONS AND INTERROGATORIES
NOW COMES the Respondent, the Illinois Environmental Protection Agency ("Illinois
EPA."
or "Agency"), by one of its attorneys, Sanjay K
. Sofat, Assistant Counsel and
Special Assistant Attorney General, and pursuant to the Illinois Pollution Control Board
("Illinois PCB" or "Board") Regulations at 35 Ill
. Adm . Code 101
.614, 101 .616, 101 .618,
101.620,
105 .202(a)-(b), and 105
.204(b), the Illinois Code of Civil Procedures, the
Illinois Supreme Court Rules, hereby provides amended responses to the American
Bottom Conservancy's ("Petitioner" or "ABC") request to admit numbers 4, 5, 6, 7, 8, 9,
and 10, and interrogatory number 10 .
GENERAL OBJECTIONS
The Illinois EPA objects to each of the Petitioner's request to produce documents,
request to admit, interrogatories, definitions, and instructions to the extent that,
individually or cumulatively, they purport to impose upon the Illinois EPA duties or
t
obligations which exceed or are different from those imposed upon the Illinois EPA by
the Illinois Environmental Protection Act, Illinois Administrative Code, and Illinois Code
of Civil Procedure .
The Illinois EPA further objects to each of the Petitioner's request to produce
documents, request to admit, interrogatories, definitions, and instructions to the extent
that they call for attorney-client communications between or among Illinois EPA's
counsel, attorney work product, or any other privileged matters
.
AGENCY'S RESPONSES TO AMERICAN BOTTOM CONSERVANCY'S
REQUESTS FOR ADMISSION ARE IN BOLD LETTERS
:
The name of the Illinois EPA employee(s) responding to the question is provided at the
end of response
. A Verification from each of the respondents is enclosed
.
ADMISSION NO . 4
: Admit that on March 31, 2006, IEPA was aware that the
organizations that submitted comment letters relating to the Permit had collectively at
least several thousand members
.
The Agency objects to this admission on the grounds that it is vague, ambiguous,
and overbroad
. Subject to the above-mentioned general and specific objections, the
Agency responds as follows
: Partially Admit . On January
17, 2006, the Agency
received a comment letter from Health &Environment Justice- St
. Louis. On
January 18, 2006,
the Agency received a comment letter
on behalf of American
Bottom Conservancy, Health & Environmental Justice- St
. Louis, Neighborhood
2
Law Office, Sierra Club, and Webster
Groves Nature Study Society
. Neither the
Permit Section nor Standards' Unit has specific knowledge that the above-
mentioned organizations have at least several thousand members
. Blaine Kinsley
and Bob Mosher .
ADMISSION NO . 5
: Admit that on March 31, 2006, Horseshoe Lake was considered to
be impaired under section 303(d) of the federal Clean Water Act due to excessive levels
of zinc
.
Admit
. Bob Mosher.
ADMISSION NO
. 6
: Admit that zinc concentrations in the bottom sediment of
Horseshoe Lake are "highly elevated" (as stated in IEPA's September 2006 response to
ABC's comments on the Stage I TMDL report for the Cahokia Canal/Horseshoe Lake
watershed) .
Admit. Bob Mosher.
ADMISSION NO. 7
: Admit that the Permit allows for USS to discharge more than 4,000
pounds of zinc per year into Horseshoe Lake
.
Admit . Bob Mosher.
3
ADMISSION NO . 8
: Admit that USS discharges zinc into Horseshoe Lake .
Admit . Bob Mosher
.
ADMISSION NO . 9
: Admit that the Permit allows for USS to discharge more than 2,000
pounds of lead per year into Horseshoe Lake
.
The Agency objects to this admission on the grounds that it is vague, ambiguous,
and misleading
. Subject to the above-mentioned general and specific objections, the
Agency responds as follows
: Partially Admit
. The NPDES permit allows USS to
discharge more than 2,000 pounds of lead because lead is a parameter that must be
regulated under Federal Categorical regulations whether or not a facility actually
has lead in its manufacturing process
. The permit limits for categorical steel mills
are production based
. Any increase in production would thus necessitate a
corresponding increase in limits for all categorical parameters, including lead in this
case
. The NPDES Permit IL0000329 allows USS to discharge only background
concentrations of lead in the raw water
. USS does not use lead in its process or as a
raw material, thus USS, does not add to existing concentrations of lead in the intake
water. Bob Mosher .
ADMISSION NO. 10
: Admit that USS discharges lead into Horseshoe Lake
.
Admit. Bob Mosher.
4
INTERROGATORY NO. 10
: For each request in American Bottom Conservancy's First
Request for Admissions that IEPA denies in whole or in part, state the facts that support
such denial
.
See the Agency Record, including pages
136-155, and 293-316 .
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
Sanjay K
. Sofat
Special Assistant Attorney General
Date: November 8, 2006
1021 North Grand Avenue East
P.O . Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
5
STATE OF ILLINOIS
)
SS
COUNTY OF SANGAMON
)
VERIFICATION
Bob Mosher, being duly sworn, states that he is the Manager of the Water Quality
Standards Section within Water Pollution Control Program, Illinois EPA
; that he is duly
authorized to provide the foregoing amended answers to request to admit on behalf of
Illinois Environmental Protection Agency
; and that he makes said answers based upon his
personal knowledge, his review of documents that he reasonably believes to be accurate,
and information provided to him by other section units that he reasonably believes to be
accurate.
16
Bob Mosher
Subscrib and sworn to before me, a notary public in and for said County and
State, this g
day of November 2006.
Notary Public
My Commission Expires: 3 'a /J
STATE OF ILLINOIS
COUNTY OF SANGAMON
SS
PROOF OF SERVICE
1, the undersigned, on oath state that on 8 I'
of November 2006, 1 have sent a copy
of the
AGENCY'S AMENDED RESPONSE TO AMERICAN BOTTOM
CONSERVANCY'S REOUEST FOR ADMISSIONS AND INTERROGATORIES
upon
the following persons via electronic communication
:
Ted Heisel
Interdisciplinary Environmental Clinic
Washington University School of Law
One Brookings Drive
- Campus Box 1120
St
. Louis, MO 63130-4899
Carolyn S
. Hesse
Erika K . Powers
David T. Ballard
Barnes & Thornburg LLP
One North Wacker Drive
Suite 44000
Chicago, IL 60606
Sanjay K
. Sofat
THIS FILING PRINTED ON RECYCLED PAPER
7
RER 5
OFFiCE
N0`7 2 7 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOA1wcATE OFFro%BOarcf
pollution
AMERICAN BOTTOM CONSERVANCY
)
Petitioner,
)
PCB 06-171
(3rd Party NPI)ES Permit
Appeal)
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY and UNITED STATES STEEL
)
CORPORATION - GRANITE CITY WORKS,
)
Respondents .
)
ILLINOIS EPA'S AMENDED RESPONSE TO AMERICAN BOTTOM
CONSERVANCY'S REQUEST FOR ADMISSIONS AND INTERROGATORIES
NOW COMES the Respondent, the Illinois Environmental Protection Agency ("Illinois
EPA" or "Agency"), by one of its attorneys, Sanjay K
. Sofat, Assistant Counsel and
Special Assistant Attorney General, and pursuant to the Illinois Pollution Control Board
("Illinois PCB" or "Board") Regulations at 35 111 . Adm
. Code 101 .614, 101 .616, 101 .618,
101 .620, 105
.202(a)-(b), and 105 .204(b), the Illinois Code of Civil Procedures, the
Illinois Supreme Court Rules, hereby provides amended responses to the American
Bottom Conservancy's ("Petitioner" or "ABC") request to admit number 9 .
GENERAL OBJECTIONS
The Illinois EPA objects to each of the Petitioner's request to produce documents,
request to admit, interrogatories, definitions, and instructions to the extent that,
individually or cumulatively, they purport to impose upon the Illinois EPA duties or
obligations which exceed or are different from those imposed upon the Illinois EPA by
I
the Illinois Environmental Protection Act, Illinois Administrative Code, and Illinois Code
of Civil Procedure .
The Illinois EPA further objects to each of the Petitioner's request to produce
documents, request to admit, interrogatories, definitions, and instructions to the extent
that they call for attorney-client communications between or among Illinois EPA's
counsel, attorney work product, or any other privileged matters
.
AGENCY'S RESPONSES TO AMERICAN BOTTOM CONSERVANCY'S
REQUESTS FOR ADMISSION ARE IN BOLD LETTERS :
The name of the Illinois EPA employee(s) responding to the question is provided at the
end of response . A Verification from each of the respondents is enclosed .
ADMISSION NO. 9
: Admit that the Permit allows for USS to discharge more than 2,000
pounds of lead per year into Horseshoe Lake .
The Agency objects to this admission on the grounds that it is vague, ambiguous,
and misleading . Subject to the above-mentioned general and specific objections, the
Agency . responds as follows : Partially Admit. The NPDES permit allows USS to
discharge more than 2,000 pounds of lead because lead is a parameter that must be
regulated under Federal Categorical regulations whether or not a facility actually
has lead in its manufacturing process . The permit limits for categorical steel mills
are production based . Any increase in production would thus necessitate a
corresponding increase in limits for all categorical parameters, including lead in this
2
case. USS does not use lead in its process or as a raw material, thus USS, does not
add to existing concentrations of lead in the intake water . Bob Mosher
.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
Sanjay K . Sofat
-V/
-
Special Assistant Attorney General
Date: November 15, 2006
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
3
STATE OF ILLINOIS
)
SS
COUNTY OF SANGAMON
)
VERIFICATION
Bob Mosher, being duly sworn, states that he is the Manager of the Water Quality
Standards Section within Water Pollution Control Program, Illinois EPA
; that he is duly
authorized to provide the foregoing answers to request to produce documents, request to
admit, and interrogatories on behalf of Illinois Environmental Protection Agency
; and
that he makes said answers based upon his personal knowledge, his review of documents
that he reasonably believes to be accurate, and information provided to him by other
section units that he reasonably believes to be accurate .
4
Bob Mosher
Subscribed and sworn to before me, a notary public in and for said County and
State, this day of November 2006
.
Notary Public
My Commission Expires:
STATE OF ILLINOIS
COUNTY OF SANGAMON
I, the undersigned, on oath state that on 15 th of November 2006,1 have sent a
copy of the AGENCY'S AMENDED RESPONSE TO AMERICAN BOTTOM
CONSERVANCY'S REQUEST FOR ADMISSIONS upon the following persons via
electronic communication :
Ted Heisel
Interdisciplinary Environmental Clinic
Washington University School of Law
One Brookings Drive -Campus Box 1120
St. Louis, MO 63130-4899
Carolyn S. Hesse
Erika K . Powers
David T . Ballard
Barnes & Thomburg LLP
One North Wacker Drive
Suite 44000
Chicago, IL 60606
SS
PROOF OF SERVICE
Sanjay K . Sofat
THIS FILING PRINTED ON RECYCLED PAPER
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