BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
PROPOSED AMENDMENTS TO:
)
R07-009
35 Ill. Adm. Code 302.102(b)(6), 302.102(b)(8)
)
Rulemaking – Water
302.102(b)(10), 302.208(g), 309.103(c)(3),
)
405.109(b)(2)(A), 405.109(b)(2)(B), 406.100((d)
)
REPEALED 35 Ill. Adm. Code 406.203 Part 407, and
)
PROPOSED NEW 35 Ill. Adm. Code 302.208(h)
)
NOTICE OF FILING
TO: See Attached Service List
PLEASE TAKE NOTICE that the Environmental Law and Policy Center of the
Midwest (“ELPC”), Prairie Rivers Network and the Sierra Club today have electronically
filed the motion for leave to file Pre-Filed Questions to Illinois Environmental Protection
Agency (“IEPA”).
Respectfully submitted,
____________________________
Albert F. Ettinger (Reg. No.
3125045)
Counsel for Environmental Law &
Policy Center, Prairie Rivers
Network and Sierra Club
DATED: February 27, 2007
Electronic Filing, Received, Clerk's Office, February 27, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
PROPOSED AMENDMENTS TO:
)
R07-009
35 Ill. Adm. Code 302.102(b)(6), 302.102(b)(8)
)
Rulemaking – Water
302.102(b)(10), 302.208(g), 309.103(c)(3),
)
405.109(b)(2)(A), 405.109(b)(2)(B), 406.100((d)
)
REPEALED 35 Ill. Adm. Code 406.203 Part 407, and
)
PROPOSED NEW 35 Ill. Adm. Code 302.208(h)
)
MOTION FOR LEAVE TO FILE PRE-FILED QUESTIONS
The Environmental Law and Policy Center of the Midwest (“ELPC”), Prairie
Rivers Network (“PRN”) and the Sierra Club hereby move for leave to file the attached
pre-filed questions to the Illinois Environmental Protection Agency (“IEPA”). In support
of this motion, movants state:
1. Answers to pre-filed questions are essential to understanding the position of
the Illinois Environmental Protection Agency.
2. The questions are somewhat complex and better considered responses may be
obtained through pre-filed questions.
3. Movants believe that the use of pre-filed questions will expedite the hearing of
this matter.
Wherefore, movants move for leave to file the attached pre-filed questions to the
IEPA/IDNR.
Respectfully submitted,
______________________________
Albert F. Ettinger (Reg. No.
3125045)
Counsel for Environmental Law &
Policy Center, Prairie Rivers
Network and Sierra Club
DATED: February 27, 2007
Electronic Filing, Received, Clerk's Office, February 27, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
PROPOSED AMENDMENTS TO:
)
R07-009
35 Ill. Adm. Code 302.102(b)(6), 302.102(b)(8)
)
Rulemaking – Water
302.102(b)(10), 302.208(g), 309.103(c)(3),
)
405.109(b)(2)(A), 405.109(b)(2)(B), 406.100((d)
)
REPEALED 35 Ill. Adm. Code 406.203 Part 407, and
)
PROPOSED NEW 35 Ill. Adm. Code 302.208(h)
)
PRE-FILED QUESTIONS OF ENVIRONMENTAL LAW AND POLICY
CENTER, PRAIRIE RIVERS NETWORK AND SIERRA CLUB
The Environmental Law and Policy Center of the Midwest, Prairie Rivers Network and
the Illinois Chapter of the Sierra Club hereby file questions to the Illinois Environmental
Protection Agency regarding its proposal to change certain water quality standards in the
above-captioned proceeding.
1. At page 7 of the statement of reasons it is stated that this is the Triennial Review.
What is the reason for this proposal being designated as a triennial review unlike
other water quality standard proposals that the Agency from time to time has
proposed to the Board?
2. Are other water quality standard proposals planned by the Agency that it is
anticipated will be filed within three years?
3. It is stated at page 8 of the statement of reasons that the current Total Dissolved
Solids (TDS) standard is unnecessary for the protection of aquatic life. What
forms of TDS have been found to be present in Illinois waters?
4. Are all of the forms of TDS that have been found to be present in Illinois waters
covered by a specific numeric standard for the constituent chemicals?
5. At page 10 of the Statement of Reasons, it is stated that the proposed aquatic
based sulfate standards are “concentrations not to be exceeded at any time.” What
does it mean that a standard is not to be exceeded at any time?
6. What, as a practical matter, occurs if a sample is taken showing that the standard
has been exceeded?
7. At page 10 of the Statement of Reasons it is stated that studies “suggest that
extended exposures to drinking waters high in sulfate may lead to weight loss,
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Electronic Filing, Received, Clerk's Office, February 27, 2007
disease and death of livestock. To address this potential problem, the Agency
proposes a 2000 mg/L standard for water to be used for livestock watering.” Why
is a standard of 2000 mg/L thought by the Agency to be protective of livestock?
8. Is the Agency aware of any studies regarding the exposure of livestock to
drinking waters high in sulfate?
9. Is a standard necessary to protect wildlife from exposure to drinking water that is
high in sulfate?
10. At page 11 of the Statement of Reasons, mine discharges are discussed and it is
indicated that the Agency intends to limit discharges to mines to times and places
where a significant amount of water from the unmined portion of the watershed
also enters the stream during the discharge, “thus providing the necessary dilution
to ensure compliance with applicable standards.” How does the Agency limit
discharges from mines so as to do this?
11. Are mines limited to discharges during precipitation events? If so, how are such
events defined and how does the Agency measure the amount of dilution that will
be available following such events?
12. How is the flow in the receiving water monitored so as to assure that necessary
dilution is present?
13. How is the amount of the discharge measured and controlled?
14. Regarding the proposed change to 35 Ill. Adm. Code 302.102(6), what is the
justification for not requiring a zone of passage for those streams that have a zero
flow an average of 9 out of 10 years?
15. Regarding the proposed change to 35 Ill. Adm. Code 302.102(8), currently
discharges to waters with a 7q10 flow of zero must meet water quality standards
at the point of discharge (“end of the pipe”). What is the justification for
eliminating this limitation on dilution?
16. If this proposal is adopted, how does the Agency intend to write permits for
dischargers that may discharge during dry weather conditions?
17. Is it intended by the Agency, if this proposal is adopted, to require permit limits
that require meeting water quality standards at the end of the pipe for dischargers
that may have dry weather discharges to waters with a 7q10 flow of zero? If so,
what would be the Agency’s regulatory basis for such limits?
18. Will the proposed changes to the mixing rules of 35 Ill. Adm. Code 302.102 have
any effect as to dischargers that may discharge during low stream flow
conditions?
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Electronic Filing, Received, Clerk's Office, February 27, 2007
19. Currently in writing permits under 302.102(8), what is the Agency’s practice in
writing permits where the dilution is less than 3:1 during low flow conditions but
greater than zero?
20. Please provide an example of the calculation of a sulfate water quality standard
under proposed 35 Ill. Adm. Code 302.208(h) using values for hardness and
chloride that are typical of Illinois streams.
21. It appears that under proposed 35 Ill. Adm. Code 302.208(h)(3)(B), that the
sulfate standard will be 2000 mg/L in all cases that the chloride concentration is
greater than 500 mg/l. Is this correct? If so, what is the justification for setting the
sulfate standard at 2000 mg/L in all such situation?
22. What is (or was) the purpose of Part 407 which the Agency proposes to repeal?
Albert Ettinger
Counsel for ELPC, PRN and the Illinois
Chapter of the Sierra Club
DATED: February 27, 2007
3
Electronic Filing, Received, Clerk's Office, February 27, 2007
CERTIFICATE OF SERVICE
I, the undersigned, on oath state that I have served the attached Pre-Filed
Questions of the Environmental Law and Policy Center, Prairie Rivers Network and
Sierra Club upon the persons listed in the attached service list via U.S. Mail.
Respectfully submitted,
Albert F. Ettinger (Reg. No.
3125045)
Counsel for Environmental Law &
Policy Center, Prairie Rivers
Network and Sierra Club
DATED: February 27, 2007
Electronic Filing, Received, Clerk's Office, February 27, 2007
SERVICE LIST- R07-009
Dorothy Gunn, Clerk
Marie Tipsord, Hearing Officer
Illinois Pollution Control Board
Illinois Pollution Control Board
100 W. Randolph St.
100 W. Randolph St.
Suite 11-500
Suite 11-500
Mathew Dunn
Jonathan Furr
Illinois Attorney General’s Office
IDNR
Environmental Control Division
One Natural Resources Way
James R. Thompson Center
Springfield, IL 62701-1271
100 West Randolph Street
Chicago, IL 60601
Sanjay K. Sofat, Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Electronic Filing, Received, Clerk's Office, February 27, 2007
