1. SERVICE LIST
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN
THE MATTER OF:
PROPOSED AMENDMENTS TO
DISSOLVED OXYGEN STANDARD
35 ILL. ADM. CODE 302.206
)
)
)
)
)
R04-25
(Rulemaking - Water)
NOTICE
OF FILING
TO:
SEE ATTACHED SERVICE LIST.
..~
PLEASE TAKE NOTICE that on August
30 ,
2007, we filed the attached
Public
Comments
of the Metropolitan Water Reclamation District of Greater Chicago to the First
Notice
of Adoption of Proposed Amendments to the Illinois General Use Water Quality
Standard for Dissolved Oxygen
(35
Ill. Adm. Code 302.206)
with the Pollution Control Board,
Dorothy Gunn, Clerk, JRTC,
100 W. Randolph Street, Suite 11-500, Chicago, Illinois 60601, a
copy
of which is herewith served upon you.
METROPOLITAN WATER RECLAMAnON
:ao::~o_.
Frederick M. Feldman, Its Attorney
......
MWRDGC
Frederick M. Feldman
Ronald M. Hill
Margaret
T. Conway
100 East Erie
Chicago,
IL 60611
TeL
(312) 751-6587
Fax (312) 751-6598
OFFICIAL SEAL
MARGARET TCONWAY
NOTARY PUBliC -STATE OF ILLINOIS
MY COMMISSION
EXPIRES:12113110
Subscribed and SWhrn to
Before me this
~
tlay of
August, 2007.
CERTIFICATE OF SERVICE
I,Ehh'le!Le
6(0J'Y)2
i1J.0+being duly sworn on oath, certify that I caused a copy of the
above
Notice
and attached
Public Comments ofthe Metropolitan Water Reclamation District of
Greater Chicago to the First Notice of Adoption of Proposed Amendments to the Illinois
General
Use Water Quality Standard for Dissolved Oxygen
(35
Ill. Adm. Code 302.206)
to be
sent via first-class U.s. Mail to the individuals identified on the attached service list, at their
address
as shown, with proper
po~e
prepaid, from 100 East Erie Street, Chicago, Illinois, at or
near the hour
of 4:30 p.m. this
:?J)
day of August, 2007.
~
~11Jd
A!J.Qg~
Printed on Recycled Paper
Electronic Filing, Received, Clerk's Office, August 30, 2007
* * * * * PC #111 * * * * *
ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF
PROPOSED AMENDMENTS TO R04-25
DISSOLVED OXYGEN STANDARD
35 ILL. ADM. CODE 302.206
)
)
)
)
R04-25
(Rulemaking - Water)
PUBLIC COMMENTS
OF METROPOLITAN WATER RECLAMATION
DISTRICT OF GREATER CHICAGO IN RESPONSE TO FIRST NOTICE OF
ADOPTION OF PROPOSED AMENDMENTS TO GENERAL USE WATER
QUALITY STANDARD FOR DISSOLVED OXYGEN (35 Ill.ADM. CODE 302.206)
The Metropolitan Water Reclamation District of Greater Chicago, and in response to
the First Notice
of the Opinion and Order of the Illinois Pollution Control Board adopting the
proposed amendments to the Illinois' general use water quality standard for dissolved oxygen
or "DO" (35 Ill. Adm. Code 302.206), published in the Illinois Register on August 3, 2007,
submits the following public comments:
I.
Section 302.206 (d) (3) states that "the measurements
of dissolved oxygen used to
determine attainment or lack
of attainment with any of the dissolved oxygen standards in this
Section must assure daily minima and daily means that represent the true daily minima and daily
means." This language suggests that some degree
of continuous monitoring will be required, but
it does not identify how many daily values should be captured in order to "assure" they are rep-
resentative. The necessary sampling intensity
is the crux of determining how resource intensive
dissolved oxygen (DO) monitoring projects will have to be
to comply with proposed standards.
On page 92, the Illinois Pollution Control Board (Board) explains that they are not required to
develop implementation rules in order to promulgate water quality standards. While we ac-
knowledge this to be the case, the lack
of guidance on this matter leaves the regulated commu-
nity with
an unfortunate level of uncertainty regarding the implementation of the proposed
Electronic Filing, Received, Clerk's Office, August 30, 2007
* * * * * PC #111 * * * * *
standards. The complexity of determining whether DO data is "truly representative" (page 93)
warrants that some guidelines be set forth initially for public comment.
2.
Based on our 2005-2007 hourly DO data, significant portions of the Des Plaines
River System will immediately be in non-compliance upon implementation
of the DO standards
outlined in the proposed Rule. Tables
I,
2, and 3 (attached) outline the percent compliance of
hourly DO concentrations from 2005, 2006, and 2007, respectively, with the proposed daily
minimum, 7-day mean
of daily minima, and 30-day mean of daily means. In the Des Plaines
River, compliance with the 30-day mean
of daily means would have been as low as 50 percent at
Irving Park Road in 2005. So far this year, compliance with the proposed daily minimum, the
7-
day mean of daily minima, and the 30-day mean of daily means at Irving Park Road would have
been 85, 70, and
63 percent, respectively. At Jefferson Street on the Des Plaines River, compli-
ance with the daily minimum standard would have been 83, 87, and
75 percent for 2005, 2006,
and 2007, respectively. Compliance for the 7-day mean
of daily minima would have only been
65, 69, and
55 percent during those years. Similarly, compliance with the 30-day mean of daily
means would have ranged from 63-75 percent.
3.
In Salt Creek, compliance with the daily minimum and the 30-day standard are
generally close to or above
90 percent. However, compliance with the 7-day standard is lower at
J. F. Kennedy Boulevard, Thorndale Avenue, and Wolf Road because of the diurnal DO fluctua-
tions at all
of these stations.
4.
Clearly, hourly DO monitoring indicates that several reaches within the Des
Plaines River System cannot be reasonably expected to comply with the standards set forth in the
proposed Rule.
It
is stated on page 96 of the subject Opinion that the Board "does not establish
Electronic Filing, Received, Clerk's Office, August 30, 2007
* * * * * PC #111 * * * * *
an ambient water quality standard for DO based on whether Illinois waters presently comply
with the standard." However, the District asserts that the DO standard should be consistent with
natural ecological processes expected in aquatic systems. As noted on page
27 of the subject
Opinion, "DO concentrations fluctuate even in pristine natural systems, causing organisms to
move or tolerate occasional occurrence
of hypoxia." The physical conditions and habitat along
reaches
of the Des Plaines River System are conducive to significant water column algae growth
and, consequently, high magnitude diurnal DO fluctuations, especially during the summer
months. The District would like
to express our concern over the promulgation of standards
which will immediately result in such widespread water quality violations due, in large part,
to
natural processes.
Respectfully Submitted,
Metropolitan Water Reclamation District
of
Greater Chicago
BY: Louis Kollias, Director
of Research
&
Development
References
Doudoroff,
P. and D. 1. Shumway, "Dissolved Oxygen Requirements of Freshwater Fishes,"
Food and Agriculture Organization
ofthe United Nations, FAO Technical Paper No. 86,291 pp., 1970.
Fry, F. E. J., ''TIleAquatic Respiration of Fish," M.E. Brown, ed.,
The Physiology ofFishes,
Volume
I-Metabolism,
New York, Academic Press, 1957.
Jones, J. R. E.,
Fish and River Pollution,
Butterworths, London, 1964.
Electronic Filing, Received, Clerk's Office, August 30, 2007
* * * * * PC #111 * * * * *
Metropolitan Water Reclamation
District
ofGreater Chicago
100 E. Erie Street
Chicago, lllinois
60611
Telephone No. 312.751.6587
Facsimile No. 312.751.6598
Electronic Filing, Received, Clerk's Office, August 30, 2007
* * * * * PC #111 * * * * *
METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO
TABLE 1
PERCENT COMPLIANCE WITH PROPOSED DISSOLVED OXYGEN STANDARDS
IN THE DES PLAINES RIVER SYSTEM DURING 2005
Station
Station Name
Waterway
Proposed Standard
No.
of
Percent
Limit
ID
Obs
Compliance
(mg/L)*
58
Devon Avenue
Des Plaines River
Daily minimum
1,594
100.0
(3.5,5.0)
58
Devon Avenue
Des Plaines River
7
w
Day mean of daily minima
61
100.0
(4.0,6.0)
58
Devon Avenue
Des Plaines River
30
w
Day mean of daily means
3
100.0
5.5
62
Irving Park Road
Des Plaines River
Daily minimum
4,120
83.5
(3.5,5.0)
62
Irving Park Road
Des Plaines River
7-Day mean of daily minima
167
77.8
(4.0,6.0)
62
Irving Park Road
Des Plaines River
30-Day mean of daily means
6
50.0
5.5
63
Ogden Avenue
Des Plaines River
Daily minimum
4,122
99.7
(3.5,5.0)
63
Ogden Avenue
Des Plaines River
7-Day mean of daily minima
168
89.3
(4.0,6.0)
63
Ogden Avenue
Des Plaines River
30-Day mean of daily means
6
100.0
5.5
64
Material Service Road
Des Plaines River
Daily minimum
1,029
100.0
(3.5,5.0)
64
Material Service Road
Des Plaines River
7-Day mean of daily minima
38
100.0
(4.0,6.0)
64
Material Service Road
Des Plaines River
30-Day mean of daily means
3
100.0
5.5
23
Jefferson Street
Des Plaines River
Daily minimum
8,059
82.9
(3.5,5.0)
23
Jefferson Street
Des Plaines River
7-Day mean of daily minima
335
65.4
(4.0,6.0)
23
Jefferson Street
Des Plaines River
30-Day mean of daily means
12
66.7
5.5
68
Busse Lake Dam
Salt Creek
Daily minimum
1,547
100.0
(3.5,5.0)
68
Busse Lake Dam
Salt Creek
7-Day mean of daily minima
59
100.0
(4.0,6.0)
68
Busse Lake Dam
Salt Creek
30-Day mean of daily means
3
100.0
5.5
59
JFK Boulevard
Salt Creek
Daily minimum
4,058
96.4
(3.5,5.0)
59
JFK Boulevard
Salt Creek
7-Day mean of daily minima
167
88.0
(4.0,6.0)
59
JFK Boulevard
Salt
Creek
30-Day mean of daily means
6
100.0
5.5
60
Thorndale Avenue
Salt Creek
Daily minimum
4136
96.4
(3.5,5.0)
60
Thorndale Avenue
Salt Creek
7-Day mean of daily minima
169
88.2
(4.0,6.0)
60
Thorndale Avenue
Salt Creek
30-Day mean of daily means
6
100.0
5.5
61
Wolf Road
Salt Creek
Daily minimum
4,247
96.5
(3.5,5.0)
61
Wolf Road
Salt Creek
7-Day mean of daily minima
172
89.0
(4.0,6.0)
61
Wolf Road
Salt Creek
30-Day mean of daily means
6
100.0
5.5
*Daily minimum DO limit is 5.0 mglL in March through July, and 3.5 mglL in other months.
7~day
mean of daily minima DO limit is 6.0 mglL in March through July, and 4.0 mglL in other months.
3D-Day
mean of daily means DO limit is 5.5
mg/L.
Electronic Filing, Received, Clerk's Office, August 30, 2007
* * * * * PC #111 * * * * *
METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO
TABLE 2
PERCENT COMPLIANCE WITH PROPOSED DISSOLVED OXYGEN STANDARDS
IN THE DES PLAINES RIVER SYSTEM IN 2006
Station
Station Name
Waterway
Proposed Standard
No. of
Percent
Limit
ID
Obs Compliance
(mglL)*
58
Devon Avenue
Des Plaines River
Daily minimum
8,421
91.2
(3.5,5.0)
58
Devon Avenue
Des Plaines River
7-Day mean of daily minima
347
80.1
(4.0,6.0)
58
Devon Avenue
Des Plaines River
30~Day
mean of daily means
12
83.3
5.5
62
Irving Park Road
Des Plaines River
Daily minimum
8,574
92.0
(3.5,5.0)
62
Irving Park Road
Des Plaines River
7-Day mean of daily minima
353
79.0
(4.0,6.0)
62
Irving Park Road
Des Plaines River
30-0ay mean of daily means
12
83.3
5.5
63
Ogden Avenue
Des Plaines River
Daily minimum
8,759
100.0
(3.5,5.0)
63
Ogden Avenue
Des Plaines River
7-Day mean of daily minima
359
96.7
(4.0,6.0)
63
Ogden Avenue
Des Plaines River
30-Day mean of daily means
12
100.0
5.5
64
Material Service Road
Des Plaines River
Daily minimum
7,837
99.0
(3.5,5.0)
64
Material Service Road
Des Plaines River
7-Day mean of daily minima
325
90.2
(4.0,6.0)
64
Material Service Road
Des Plaines River
30-Day mean of daily means
12
100.0
5.5
23
Jefferson Street
Des Plaines River
Daily minimum
8,589
86.9
(3.5,5.0)
23
Jefferson Street
Des Plaines River
7-Day mean of daily minima
353
68.6
(4.0,6.0)
23
Jefferson Street
Des Plaines River
30~Day
mean of daily means
12
75.0
5.5
68
Busse Lake Dam
Salt Creek
Daily minimum
8,523
98.6
(3.5,5.0)
68
Busse Lake Dam
Salt Creek
7-Day mean of daily minima
353
95.2
(4.0,6.0)
68
Busse Lake Dam
Salt Creek
30-Day mean of daily means
12
100.0
5.5
59
JFK
Boulevard
Salt
Creek
Daily minimum
8,760
100.0
(3.5,5.0)
59
JFK
Boulevard
Salt
Creek
7-Day mean of daily minima
359
91.6
(4.0,6.0)
59
JFK
Boulevard
Salt
Creek
30-Day mean of daily means
12
100.0
5.5
60
Thorndale Avenue
Salt Creek
Daily minimum
7581
98.9
(3.5,5.0)
60
Thorndale Avenue
Salt Creek
7-Day mean of daily minima
312
83.3
(4.0,6.0)
60
Thorndale Avenue
Salt Creek
30~Day
mean of daily means
II
100.0
5.5
61
Wolf Road
Salt Creek
Daily minimum
8,567
96.2
(3.5,5.0)
61
Wolf Road
Salt Creek
7-Day mean of daily minima
352
84.1
(4.0,6.0)
61
Wolf Road
Salt Creek
30~Day
mean of daily means
12
100.0
5.5
*Daily minimum DO limit is 5,0 mg/L in March through July, and 3,5
mg/L
in other months.
7-day mean of daily minima DO limit is 6.0 mglL in March through July, and 4,0 mglL in other months.
30-Day mean of daily means DO limit is 5.5
mg/L.
Electronic Filing, Received, Clerk's Office, August 30, 2007
* * * * * PC #111 * * * * *
METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO
TABLE 3
PERCENT COMPLIANCE WITH PROPOSED DISSOLVED OXYGEN STANDARDS
IN THE DES PLAINES RIVER SYSTEM IN 2007
Station
Station Name
Waterway
Proposed Standard
No.
of
Percent
Limit
ID
Obs Compliance
(mg/L)*
58
Devon Avenue
Des Plaines River
Daily minimum
5,098
87.2
(3.5,5.0)
58
Devon Avenue
Des Plaines River
7~Day
mean of daily minima
207
72.9
(4.0,6.0)
58
Devon Avenue
Des Plaines River
30-Day mean of daily means
8
75.0
5.5
62
Irving Park Road
Des Plaines River
Daily minimum
5,099
85.2
(3.5,5.0)
62
Irving Park Road
Des Plaines River
7
M
Day mean of daily minima
207
70.0
(4.0,6.0)
62
Irving Park Road
Des Plaines River
30-Day mean of daily means
8
62.5
5.5
63
Ogden Avenue
Des Plaines River
Daily minimum
4,781
100.0
(3.5,5.0)
63
Ogden Avenue
Des Plaines River
7-Day mean of daily minima
196
96.9
(4.0,6.0)
63
Ogden Avenue
Des Plaines River
30-Day mean of daily means
8
100.0
5.5
64
Material Service Road
Des Plaines River
Daily minimum
5,119
98.4
(3.5,5.0)
64
Material Service Road
Des Plaines River
7-Day mean of daily minima
208
71.2
(4.0,6.0)
64
Material Service Road
Des Plaines River
30-Day mean of daily means
8
100.0
5.5
23
Jefferson Street
Des Plaines River
Daily minimum
4,956
75.2
(3.5,5.0)
23
Jefferson Street
Des Plaines River
7-Day mean of daily minima
202
54.5
(4.0,6.0)
23
Jefferson Street
Des Plaines River
30-Day mean of daily means
8
62.5
5.5
68
Busse Lake Dam
Salt Creek
Daily minimum
4,762
98.2
(3.5,5.0)
68
Busse Lake Dam
Salt Creek
7-Day mean of daily minima
194
88.1
(4.0,6.0)
68
Busse Lake Dam
Salt Creek
30-Day mean of daily means
7
100.0
5.5
59
JFK Boulevard
Salt Creek
Daily minimum
5,084
98.4
(3.5,5.0)
59
JFK Boulevard
Salt Creek
7-Day mean of daily minima
207
80.7
(4.0,6.0)
59
JFK Boulevard
Salt Creek
30-Day mean of daily means
8
87.5
5.5
60
Thorndale Avenue
Salt Creek
Daily minimum
4928
95.2
(3.5,5.0)
60
Thorndale Avenue
Salt Creek
7-Day mean of daily minima
201
62.7
(4.0,6.0)
60
Thorndale Avenue
Salt Creek
30-Day mean of daily means
8
87.5
5.5
61
Wolf Road
Salt Creek
Daily minimum
4,952
92.4
(3.5,5.0)
61
Wolf Road
Salt Creek
7-Day mean of daily minima
202
62.9
(4.0,6.0)
61
Wolf Road
Salt Creek
30-Day mean of daily means
8
87.5
5.5
*Daily minimum DO limit is 5.0 mglL in March through July, and 3.5
mg/L
in other months.
7-day mean of daily minima DO limit is 6,0
mg/L
in March through July, and 4.0 mglL in other months.
30-Day mean of daily means DO limit is 5.5 mg/L.
Electronic Filing, Received, Clerk's Office, August 30, 2007
* * * * * PC #111 * * * * *
SERVICE LIST
Clerk's Office
Illinois Pollution Control Board
100 W. Randolph St., Suite 11-500
Chicago, Illinois 60601
Office
of the Attorney General
Interested Party
188 W. Randolph, 20th Floor
Chicago,IL 60601
Gardner, Carton
&
Douglas
Interested Party
191 N. Wacker Drive, Suite 3700
Chicago,IL 60606-1698
Sonnenschein, Nath
&
Rosenthal
Interested Party
8000 Sears Tower
233 S. Wacker Drive
Chicago,IL 60606-6404
Illinois Environmental Regulatory Group
Interested Party
3150 Roland Avenue
Springfield, IL 62703
Thorn Creek Basin Sanitary District
Interested Party
700 West End Avenue
Chicago Heights, IL 60411
Hedinger Law Office
Interested Party
2601 S. Fifth Street
Springfield, IL 62703
Fred
1. Hubbard, Attorney at Law
Interested Party
16 West Madison, P.O. Box 12
Danville, IL 61834-0012
2
!EPA
Respondent
1021 N. Grand Avenue East
P.O. Box 19276
Springfield,IL 62794-9276
Hodge, Dwyer, Zeman
Interested Party
3150 Roland Avenue
P.O. Box 5776
Springfield, IL 62705-5776
Ross
&
Hardies
Interested Party
150 N. Michigan Avenue, Suite 2500
Chicago,IL 60601-7567
Chemical Industry Council
of Illinois
Interested Party
2250 E. Devon Avenue, Suite 239
Des Plaines, IL 60018-4509
American Water Company
Interested Party
727 Craig Road
St. Louis, MO 63141
Vermillion Coal Company
Interested Party
1979 Johns Drive
Glenview,IL 60025
Blackwell, Sanders, Peper, Martin LLP
Interested Party
4801 Main Street, Suite 1000
Kansas City, MO 64112
Electronic Filing, Received, Clerk's Office, August 30, 2007
* * * * * PC #111 * * * * *
City ofJoliet
Department of Public Works and Utilities
Interested Party
921 E. Washington Street
Joliet, IL 60431
BloomingtonINorrnal Water Reclamation District
Interested Party
P.O. Box 3307
Bloomington,IL 61702-3307
Fox Metro Water Reclamation District
Interested Party
682 State Route
31
Oswego, IL 60543
Dr. Thomas
J. Murphy
Interested Party
2325
N. Clifton Street
Chicago, IL 60614
Environmental Law
&
Policy Center
Interested Party
35
E. Wacker, Suite 1300
Chicago,IL 60601
Office of
Lt.
Governor Pat Quinn
Interested Party
Room 214 State House
Springfield, IL 62706
City
of Geneva
Interested Party
22 South First Street
Geneva,IL 60134-2203
Friends
of the Chicago River
Interested Party
22 South First Street
Geneva,IL 60134-2203
3
Downers Grove Sanitary District
Interested Party
2710 Curtiss Street
DownersGrove,IL 60515
Illinois Department
ofNatural Resources
Interested Party
One Natural Resources Way
Springfield, IL 62702-1271
Barnes
&
Thornburg
Interested Party
1
N. Wacker, Suite 4400
Chicago, IL 60606
Evanston Environment Board
Interested Party
223 Grey Avenue
Evanston, IL 60202
Ecological Monitoring and Assessment
Interested Party
3206 Maple
Leaf Drive
Glenview, IL 60025
Brown, Hay
&
Stephens LLP
Interested Party
700 First Mercantile Bank Building
205 South Fifth Street
P.O. Box 2459
Springfield, IL 62705-2459
Richard
J. McGill, Jr., Hearing Officer
Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago,IL 60601
Electronic Filing, Received, Clerk's Office, August 30, 2007
* * * * * PC #111 * * * * *

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