Exhibit 2 :

"Ambient Water Quality Criteria for Dissolved Oxygen" USEPA (Apr

. 1986)

Exhibit 3 :

Resume of Dennis Streicher

Exhibit 4

:

Copies of letters from Dennis Streicher to various organizations concerning the

proposed rulemaking

Exhibit 5 :

Resume of James E . Garvey

Exhibit 6 : Resume of Matt R

. Whiles

Exhibit 7 :

From R02-19, written testimony of Robert J

. Sheehan & Table I "Spawning periods

for fishes in Illinois"

Exhibit 8 :

"Influences of Hypoxia and Hyperthermia on Fish Species Composition in Headwater

Streams" Martin A

. Smale and Chalres F

. Rabeni (1995)

Second Hearing : August 12, 2004, Springfield

Exhibit 9

: Pre-filed Testimony of Dr. James E

. Garvey, with attached July 2004 report entitled

"Long Term Dynamics of Oxygen and Temperature in Illinois Streams" by Dr

. Garvey

.

Exhibit 10 :

Electronic comments by Gary Chapman in the margins of "An Assessment of

National and Illinois Dissolved Oxygen Water Quality Criteria" James E

. Garvey and Matt R .

Whiles (Apr . 2004)

Exhibit 11 :

One-page hard copy of e-mail sent July 22, 2004 at 8 :52 a.m

. from Roy M

. Harsch

regarding IEPA "implementation rules"

ORIGINAL

ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF :

)

PROPOSED AMENDMENTS TO

) R04-25

DISSOLVED OXYGEN STANDARD 35 ILL

.)

(Rulemaking - Water)

ADM . CODE 302 .206

)

EXHIBIT LIST

First Hearing : June29,

2004, Chicago

Exhibit 1 :

"An Assessment of National and Illinois Dissolved Oxygen Water Quality Criteria"

James E

. Garvey and Matt R . Whiles (Apr

. 2004)

RECEIVED

CLERK'S OFFICE

DEC 2 8 2006

Pollution

Board

---

2

Exhibit 12 :

Letter entitled "Fight Effort to Lower Fox Oxygen Criteria," from David J

. Horn,

appearing on the Opinion page of the

Daily Herald

Exhibit 13 :

Letter dated July 30, 2004 from David L

. Thomas, PhD, Chief of the Illinois Natural

History Survey to Lieutenant Governor Pat Quinn

Third Hearing : August25, 2005

Exhibit 14 :

Statement of Toby Frevert, Manager of the Division of Water Pollution Control,

IEPA

Exhibit 15 :

Pre-filed Testimony of Dennis Streicher, Director of Water and Wastewater with the

City of Elmhurst, and President of IA WA

Exhibit 16

: Pre-filed Testimony of Dr

. James E . Garvey, with nine attachments

Exhibit 17

: One-page list of streams entitled "Table 2

- Testimony of David L

. Thomas, August

2005"

Exhibit 18 :

Pre-filed Testimony of Todd Main, Director of Policy and Planning, Friends of the

Chicago River

Exhibit 19 : Pre-filed Testimony of Thomas J

. Murphy, Emeritus Professor of Chemistry,

Environmental Science Program, DePaul University

Fourth Hearing : April 25, 2006

Exhibit 20

:

IEPA/DNR Proposed Rule Language (Attached to 4/4/06 Pre-filed Testimony of

IEPA/DNR)

Exhibit 21 : IEPA/DNR Proposed Section 302

.Appendix D

: Stream Segments for Enhanced

Dissolved Oxygen Protection (Attached to 4/4/06 Pre-filed Testimony of IEPA/DNR)

Exhibit 22 :

IEPA's April 24, 2006 Response to Dennis Streicher of IAWA (includes compact

disc of Dissolved Oxygen Results at IEPA Stream Sites (Selected Sites), Grab Samples (1994-

2003), Continuous Monitoring Data (2004-2005))

Exhibit 23 :

IEPA/DNR Technical Support Document (Mar

. 31, 2006) (Attached to 4/4/06 Pre-

filed Testimony of IEPA/DNR)

Exhibit 24

:

Compact disc of IEPA/DNR Proposed Streams for Enhanced Dissolved Oxygen

Protection (Attached to 4/4/06 Pre-filed Testimony of IEPA/DNR)

Exhibit 25 :

Amended Pre-filed Testimony of Richard Lanyon on behalf of the Metropolitan

Water Reclamation District of Greater Chicago (MWRDGC)

---

3

Exhibit 26 :

USEPA Method # 360 . 1, Approved for NPDES (Issued 1971), Oxygen, Dissolved

(Membrane Electrode)

Exhibit 27 : Testimony of Thomas J

. Murphy, Emeritus Professor of Chemistry, Environmental

Science Program, DePaul University

Status Conference Call : June 5, 2006

Exhibit 28 :

Compact disc with May 19, 2006 cover letter from DNR (five copies of disc) (disc

includes the information from Exhibit 24, as well as the following information : stream segments

that IEPA identified in the 2006 Assessment Database as being aquatic life use impaired

(including segments where low dissolved oxygen is identified as a potential cause of

impairment) ; and National Pollutant Discharge Elimination System (NPDES) discharge points

and associated metadata)

Fifth Hearing

: November 2-3, 2006

Exhibit 29

:

Pre-filed Questions of Environmental Law & Policy Center of the Midwest (ELPC),

Prairie Rivers Network (PRN), and Sierra Club Directed to IEPA/DNR

Exhibit 30 :

IEPA/DNR Responses to Pre-filed Questions of ELPC, PRN, & Sierra Club

Exhibit 31 : Pre-filed Testimony of Thomas J

. Murphy, Emeritus Professor of Chemistry,

Environmental Science Program, DePaul University

Exhibit 32

: Pre-filed Testimony of Dennis Streicher

Exhibit 33 :

Certifications of Dissolved Oxygen Sample Collection by the Fox Metro Water

Reclamation District, the City of Naperville, the Greater Peoria Sanitary District, the Village of

Plainfield, the Rock River Water Reclamation District, and the Wheaton Sanitary District

Exhibit 34 : Compact disc of IAWA Dissolved Oxygen Sampling Data

Exhibit 35 : Pre-filed Testimony of Dr . James E

. Garvey

Exhibit 36 :

Additional Testimony of Dr. James E . Garvey

Exhibit 37

: Abstract of presentation made to the North American Benthological Society entitled

"Effects of hypoxia on brood survival in the freshwater mussel,

Venustaconcha ellipsiformis,"

B .E. Kaiser, M .C

. Barnhart

Exhibit 38 :

"Anthropogenic Inputs of Nitrogen and Phosphorus and Riverine Export for Illinois,

USA," Mark B . David, Lowell E

. Gentry, reprinted from the Journal of Environmental Quality

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4

Exhibit 39 : "Biological Criteria and Tiered Aquatic Life Uses

: Potential Changes to Illinois

Water Quality Standards," IEPA Bureau of Water (Sept

. 2006)

Exhibit 40 : Pre-filed Testimony of Richard Lanyon, MWRDGC

Exhibit 41 : Pre-filed Testimony of Louis Kollias, MWRDGC