BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
In
the matter of:
)
)
PETITION OF ILLINOIS DEPARTMENT OF
)
TRANSPORTATION, DISTRICT 8, BOWMAN )
AVENUE PUMP STATION AND DEEP WELL )
SYSTEM, FOR
AN
ADJUSTED STANDARD
)
FROM 35 ILL. ADM. CODE 302.208(g)
)
(NODES PERMIT NO. IL007095)
)
)
)
)
AS 2008-01
(Adjusted Standard)
NOTICE OF FILING
TO:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State
of Illinois Center
100
W. Randolph Street, Suite 11-500
Chicago, Illinois 60601-3218
Alec Messina, Respondent
Illinois Environmental Protection Agency
Division
of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62784-9276
Carol Webb, Hearing Officer
Illinois Pollution Control Board
1021
North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
Kenneth Liss, Interested Party
Andrews Environmental Engineering
3300 Ginger Creek Drive
Springfield, Illinois 62711
PLEASE TAKE NOTICE that I have today filed
with the Office ofthe Clerk ofthe
Pollution Control Board the attached Motion to Stay Proceedings and Status Report, and
Amended Petition in Response to
the Illinois Pollution Control Board Order Dated September 6,
2007 copies
ofwhich is herewith served upon you.
Respectfully submitted,
ILLINOIS DEPARTMENT OF TRANSPORTATION,
Petitioner
By:
~~~
~ulu~
Lance T. Jones
Office
of Chief Counsel
2300 South Dirksen Parkway, Room 311
Springfield, Illinois 62764
Phone: (217) 782-3215
Lance.Jones@illinois.gov
Dated: November 2, 2007
Electronic Filing - Received, Clerk's Office, November 13, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
In
the matter of:
)
)
PETITION OF ILLINOIS DEPARTMENT OF
)
TRANSPORTATION, DISTRICT
8, BOWMAN )
AVENUE PUMP STATION AND DEEP WELL )
SYSTEM,
FORAN ADJUSTED STANDARD
)
FROM
35 ILL. ADM. CODE 302.208(g)
)
(NODES PERMIT NO. IL007095)
)
)
)
)
AS 2008-01
(Adjusted Standard)
MOTION TO STAY PROCEEDINGS
NOW COMES Petitioner, the Illinois Department of Transportation ("Department") by
and through its attorneys, and requests that the Illinois Pollution Control Board ("Board") stay
the proceedings in this matter, pending decision in a related matter,
Triennial Review of Sulfate
and Total Solids Water Ouality Standards
("Triennial") stating as follows:
I.
On July 27, 2007, the Department filed a petition for an adjusted standard from
the Board's general use water quality standards for sulfate and total dissolved solids (TDS) at 35
Ill. Adm. Code. The Department'spetition for reliefconcerns discharge from its District 8
Bowman Avenue Pump Station in East St. Louis, St. Clair County.
In
its petition, the
Department proposed adjusted standards
of 642 mg/L for sulfate and 1,128 mg/L for TDS.
2.
On September
6, 2007, the Board issued an Order, highlighting some
informational deficiencies in the Department'spetition and directing the Department to file an
amended petition to cure the deficiencies.
In
footnote 1 ofthe Order, the Board noted a pending
rulemaking in which the Illinois Environmental Protection Agency ("Agency") proposed
amendments to the sulfate and TDS general use water quality standards.
See
Triennial Review
of Sulfate and Total Dissolved Solids Water Ouality Standards: Proposed Amendments To 35
2
Electronic Filing - Received, Clerk's Office, November 13, 2007
Ill. Adm. Code 302.102Cb)C6), 302.102(b)(8), 302.102Cb)(l0), 302.208Cg), 309.103Cc)C3).
405.109Cb)C2)CA), 409.109Cb)(2)CB). 406.100Cd); Repealer 0[30 Ill. Adm. Code 406.203 and
Part 407; and Proposed
New 35
Ill.
Adm. Code 302.208Ch), R07-9. Ifthe Agency's pending
proposal to amend the sulfate and TDS standards is adopted, the Department'srequest for
an
adjusted standard would be satisfied and the Department'sPetition AS 08-1. would therefore be
moot.
3.
On September 20, 2007, the Board issued an Order adopting the first-notice
proposal in the Triennial Rulemaking.
4.
In
light ofthe pending Triennial Rulemaking, Petitioner requests the Board to stay
the proceedings
ofthis matter until the Triennial Rulemaldng is resolved.
5.
This Motion for Stay of Proceedings is made in good faith and is not for the
purpose
of undue delay. A stay ofthe Department'spetition could preserve Board resources and
promote judicial economy.
WHEREFORE, the Department requests that the Board stay the proceedings
in this
matter until such time as a resolution
ofthe Triennial Rulemaking.
3
Electronic Filing - Received, Clerk's Office, November 13, 2007
By:
Respectfully submitted,
ILLINOIS DEPARTMENT OF
Tj;0~ION
tu(~
One of Its Attorneys
Lance T. Jones
Carrie Solberg
Cindy Bushur-Hallam
Illinois Department.
of Transportation, Office of Chief Counsel
2300
South Dirksen Parkway, Room 311
Springfield, Illinois 62764
Phone: (217) 782-3215
Lance.Jones@illinois.goY
4
Electronic Filing - Received, Clerk's Office, November 13, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
In
the matter of:
)
)
PETITION OF ILLINOIS DEPARTMENT OF
)
TRANSPORTATION, DISTRICT
8, BOWMAN )
AVENUEPUMPSTATIONANDDEEPWELL )
SYSTEM, FOR AN ADJUSTED STANDARD
)
FROM 35 ILL. ADM. CODE 302.208(g)
)
(NODES PERMIT
NO.
IL007095)
)
)
)
)
STATUS
REPORT
AS 2008-01
(Adjusted Standard)
NOW COMES Petitioner, the Illinois Department
of Transportation ("Department") by
and through its attorney, and submits this Status Report in this matter.
On July 27,2007, the Department filed a Petition for Adjusted Standard requesting relief
from the Board's general use water quality standards for sulfate and total dissolved solids (TDS)
at 35 IL. Adm. Code 302.208(g).
On September 6, 2007, the Board issued an Order, highlighting some informational
deficiencies
in
the Department'spetition and directed the Department to file an amended petition
to cure said deficiencies.
In
Footnote I of the Order, the Board noted a pending rulemaking in
which the Illinois Environmental Protection Agency ("Agency") proposed amendments to the
sulfate and TDS general use water quality standards.
See
In
Matter of: Triennial Review of
Sulfate and Total Dissolved Solids Water Onality Standards: Proposed Amendments To 35 Ill.
Allin. Code 302.102(b)(6), 302.102(b)(8), 302.102(b)(l0), 302.208(g), 309.1 03(c)(3),
405.109(b)(2)(A), 409.109(b)(2)(B), 406.100(d); Repealer
of 30
Ill.
Adm. Code 406.203 and
Part 407; and Proposed New
35 Ill. Adm. Code 302.208(h), R07-9 ("Triennial Rulemaking").
5
Electronic Filing - Received, Clerk's Office, November 13, 2007
On September 20, 2007, the Board issued an Order adopting the first-notice proposal in
the Triemlial Rulemaking.
On October 5, 2007, the proposed first notice of the Trielmial Rulemaking appeared in
the
Illinois Register.
On October
11,
2007, the Hearing Officer extended the first notice public comment
period
ofthe Triennial Rulemalcing until December 3, 2007.
As discussed in the Department's Motion to Stay, if the Agency's pending Triennial
Rulemaldng proposal to amend the sulfate and
IDS standards (R07-9) is adopted, the
Department's Petition
AS 2008-001 becomes moot as these two constituents are addressed by
R07-9.
Therefore, the Department requests that the Board stay this matter until
In
Matter of:
Triennial Review
of Sulfate and Total Dissolved Solids Water Ouality Standards: Proposed
Amendments
To 35
Ill.
Adm. Code 302.l02(b)(6), 302.l02(b)(8), 302.l02(b)(l0), 302.208(g),
309.l03(c)(3), 405.109(b)(2)(A), 409.l09(b)(2)(B), 406.100(d); Repealer
of 30 Ill. Adm. Code
406.203 and Part 407; and Proposed New
35
Ill.
Adm. Code 302.208(h) has been adopted.
WHEREFORE, the Department requests that the Board stay the proceedings in
tillS
matter until such time as a resolution of the Triennial Rulemaking.
6
Electronic Filing - Received, Clerk's Office, November 13, 2007
By:
Respectfully submitted,
ILLINOIS DEPARTMENT OF
One
T~?ON
of Its
~!~
Attorneys
,
Lance T, Jones
Carrie Solberg
Cindy Bushur-Hallam
Illinois Department
of Transportation, Office of Chief Counsel
2300 South Dirksen Parkway, Room 311
Springfield, Illinois 62764
Phone: (217) 782-3215
Lance.Jones@illinois.gov
7
Electronic Filing - Received, Clerk's Office, November 13, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
In the matter of:
PETITION OF ILLINOIS DEPARTMENT OF
TRANSPORTATION, DISTRICT
8, BOWMAN
AVENUE PUMP STATION AND DEEP WELL
SYSTEM,
FORAN ADJUSTED STANDARD
FROM 35 ILL. ADM. CODE 302.208(g)
(NODES PERMIT NO. IL007095)
)
)
)
)
)
)
)
)
)
)
)
AS 2008-01
(Adjusted Standard)
AMENDED PETITION
IN RESPONSE TO THE
ILLINOIS POLLUTION CONTROL
BOARD ORDER
DATED SEPTEMBER
6, 2007
NOW COMES Petitioner, the Illinois Department
of Transportation ("Department") by.
and through its attorney, and submits this Response to the Illinois Pollution Control Board Order
dated September
6, 2007 in this matter:
On July 24, 2007, the Department submitted a petition for an Adjusted Standard to the
Illinois Pollution Control Board ("Board"). The petition was received
by the Board on July 27,
2007, and assigned case number AS 2008-001.
On September
6,
2007, the Board issued an Order regarding AS 2008-001 requesting
the Petitioner to provide additional information in the form of
an amended petition. The
Petitioner hereby submits the following information to amend its Petition (AS 2008-001). The
Board's requests for additional information are followed by the Department's responses to those
requests.
RESPONSE TO COMMENTS
1. lOOT's petition
at
page
9
includes two tables showing the calculated mass
of
sulfate
and TDS in pounds per day. Please also indicate the number
of
tons per year. See 35
III. Adm. Code 104.406(d).
Page 1
Electronic Filing - Received, Clerk's Office, November 13, 2007
Response:
See revised tables below. Tons per day are provided in parenthesis.
Sulfates, Total
Flow,
Concentration mg/i
MGD
Mean
Max
95%UCL
Bowman Station
9.504
381
580
496
Missouri Well field
5.328
291
642
445
Combined equiv. effluent -
14.832
349
478
mass/(flow x 8.34)
Mass Lbs/day -
(tons/yr)
Mean
95%UCL
30,199
39,315
(5,511)
(7,175)
12,931
19,774
(2,360)
(3,609)
43,130
59,088
(7,871)
(10,784)
Total Dissolved Solids
Flow,
Concentration mg/I
Mass,
Lbs/day-
MGD
(tons/year)
Mean
Max
95%UCL
Mean
95%UCL
Bowman Station
9.504
1,097
1,280
1,178
86,952
93,372
(15,869)
(17,040)
Missouri Well field
5.328
912
1,390
1,121
40,525
49,812
(7,396)
(9,091)
Combined equiv. effluent -
14.832
1,031
1,158
127,477
143,184
mass/(flow x 8.34)
(23,265)
(26,131)
2. Appendix
A
to
the petition shows the Unnamed Tributary, and Figure
2
shows
a
portion
of
the Cahokia Canal. None
of
the maps depicts the system
of
waterways
affected from the Bowman Avenue Pump Station
to
the confluence
of
Schoenberger
Creek and Cahokia Canal. Please provide
a
continuous map depicting the waterways
affected: Pump Station
to
Drainage Way
to
Unnamed Tributary
to
Schoenberger Creek
to
Cahokia Canal.
See
35/11. Adm. Code 104.406(d).
Response:
Figure 5
is attached that illustrates the continuous flow depicting the waterways affected. It
also clarifies that the unnamed tributary is also known as the Bowman Avenue Pump Station
Drainageway.
3. In referring
to
AS
96-12,
the petition
at
page 10 states that "[w}hile the treatment cost
for the parameters evaluated then are not applicable
to
TDS and sulfates, they were
nonetheless
very high .
..• "
Please explain whether IDOT believes that the costs and
types
of
treatment for TDS and sulfate would be comparable
to
those evaluated in
AS
96-12.
See
35/11. Adm. Code 104.406(e).
Page 2
Electronic Filing - Received, Clerk's Office, November 13, 2007
Response:
The purpose
in making this reference was not necessarily to compare treatment costs for the
constituents of concern at that time (iron
and suspended solids) with TDS and sulfates, but
simply to point out that they were very high. However, IDOT did want to update the direct
river outfall system costs. IDOT believes that costs for treatment of TDS
and sulfates would
be much greater than the costs outlined
in their petition in R96-12. In other past and current
proceedings before the Board, costs for treating similar waste streams were
in the $30
million to over a $100 million range.
4. From Appendix A
of
the petition, it appears the drainage way runs from the "Bowman
Avenue Pump Station"to the "Bowman Avenue Pump Station Drainageway Discharge
Point." Then it appears the water is discharged to the "Unnamed Tributary" and on to
the channelized portion
of
Schoenberger Creek. The appendix differentiates between
the
"Drainageway" and the "Unnamed Tributary." IDOT's proposed adjusted standard
wording, however, seems to group the drainage way and the unnamed tributary into
one 1,750-ft section. Please address whether it would be clearer to identify the
drainage
way and unnamed tributary separately in the adjusted standard wording and,
ifso, please provide the revised language. See
35
III. Adm. Code 104.406(f).
Response:
The nomenclature for the waterways
in this area is very confusing and perhaps misleading
names have been used interchangeably over the years.
In the Board's Opinion and Order in
AS 96-12 (October 3, 1996) under the "Facility Description" section the discharge is
described as going "... to a 72" RCP sewer, and into the Bowman Avenue Pump Station
Drainageway, which flows approXimately 1,750 feet to
an unnamed tributary to the Cahokia
Canal. The Cahokia Canal discharges
to the Mississippi River at Mississippi River Mile
Marker 180.6."
In the Board's Opinion and Order, the water quality standard was adjusted "... for that
portion of the
Bowman Avenue Pump Station Drainageway, extending approximately 1,750
feet from the beginning of the Drainageway to its confluence with
an unnamed tributary
section downstream of Schoenberger Creek which
is tributary to the Cahokia Canal." The
Board's Opinion
and Order refers to "that portion of the unnamed tributary section
downstream of Schoenberger Creek extending approximately 5,000 feet downstream from
the confluence with Bowman Avenue Pump Station Drainageway ... "
Another discharger
in the East Sl. Louis area that obtained an Adjusted Standard was the
Pfizer Chemical
Co ("Pfizer"). In the Board's Opinion and Order in R81-29 (June 16, 1983)
for Pfizer, the stream description identified that Pfizer
had a discharge to Schoenberger
Creek which flowed under railroad tracks
to a marshy area where "... it loses the name
Schoenberger Creek
and becomes an unnamed tributary to the Cahokia Canal."
It appears that Schoenberger Creek has been treated as discharging to an unnamed
tributary and thence to Cahokia Canal. It
is unclear why this is the way it is, but perhaps
historical stream channelization has helped cause some of this confusion.
The matter is further confused
by the IDOT NPDES permit for this discharge. NPDES
Permit
No. IL0070955, issued December 8, 2002 identifies the receiving waters as
"Unnamed Tributary to Schoenberger Creek tributary to Cahokia Canal, Tributary to the
Mississippi River." Consistent with the NPDES permit this petition has treated Bowman
Avenue Pump Station Drainageway
as an unnamed tributary to Schoenberger Creek, and
Page 3
Electronic Filing - Received, Clerk's Office, November 13, 2007
assumed it was Schoenberger Creek that flowed to the Cahokia Canal. IDOT believes that
to be consistent with the currently enforceable permit the nomenclature used
in the petition
will remain the same but
be clarified.
For purposes of consistency with Section D describing the "Nature and Description" of
activities, the proposed adjusted standard language
in Section F will be changed to clarify
the streams
and be more consistent with AS 96-12. See the response to comment number 5
below.
5. The adjusted standard wording
of
AS
96-12
for the same discharge was formatted
differently than the language proposed by lOOT here. The wording
of
AS 96-12
included separate sections for each stream segment and identified the deep well
system by
a
name: FAI-55170-FAI-64. For consistency and to provide
a
basis for
comparison, please propose adjusted standard language more similar to the form
of
AS
96-12.
See 35111. Adm. Code
104.406(f).
Response:
1. The general use water quality standard for total dissolved solids shall be 1,128 mgtl for
that portion of
the unnamed tributary
(atkfa
Bowman Avenue Pump Station Drainageway)
extending approximately 1,750 feet from the beginning of the tributary to its confluence
with Schoenberger Creek which
is tributary to the Cahokia Canal. The water quality
standard for total dissolved solids found at
35 Illinois Administrative Code 302.208 shall
not apply
to the unnamed tributary (Bowman .Avenue Pump Station Drainageway) in its
entirety.
2. The generai use water quality standard for sulfates shall be 642 mgtl for that portion of the
unnamed tributary
(atkfa
Bowman Avenue Pump Station Drainageway) extending
approximately 1,750 feet from the beginning of the tributary
to its confluence
Schoenberger Creek which is tributary to the Cahokia Canal. The water quality standard
for sulfates found at
35 Illinois Administrative Code 302.208 shall not apply to the
unnamed tributary (Bowman Avenue Pump Station Drainageway)
in its entirety.
6. Please address the efforts necessary to achieve the adjusted standard and the
associated costs. See
35111. Adm. Code 104.406(f).
Response:
If the adjusted standard
is granted as proposed, the discharge would be in compliance and
there would be no additional effort or costs.
7. The petition at page
15
states that "it is suspected that during non-rainy weather most
if not all
of
the flow in the drainage way is from the lOOT flows." Please clarify
whether this includes the unnamed tributary. See
35
III. Adm. Code 104.406(g).
Response:
In the petition as submitted the "drainageway" and the unnamed tributary were used
interchangeably. The statement is intended to mean that "it is suspected that during non-
rainy weather most if not
all of the flow in unnamed tributary
(atkfa
Bowman Avenue Pump
Station Drainageway) is from the IDOT flows."
8. Please discuss whether there is
a
Total Maximum Daily Load (TMDL) for the drainage
way, the unnamed tributary, Schoenberger Creek,
or Cahokia Canal and whether any
of
the affected watelWays are listed on the federal Clean Water Act Section 303(d) (33
Page 4
Electronic Filing - Received, Clerk's Office, November 13, 2007
U.S.C.
1313(d)) list
as
impaired. For any impaired waterways, please explain whether
any
of
the causes
of
impairment are attributed
to
any components
of
TDS (e.g.,
sulfate, chloride, sodium, calcium, carbonate, magnesium). Please
comment on the
environmental impacts
to
downstream waters from compliance with the proposed
adjusted standard,
as
well
as to
waterways for which the adjusted standard is
proposed.
See 35///.
Adm. Code 104.406(g).
Response:
The identified drainageway, the unnamed tributary and Schoenberger Creek were not found
on the 2006 Illinois
303(d)
List. Cahokia Canal is identified on the 2006 Illinois 303(d) List as
undergoing a TMDL for dissolved oxygen. Therefore, the potential impacts
of sulfate and
TDS
to the identified drainage way, the unnamed tributary, Schoenberger Creek or Cahokia
Canal would not cause impairment.
(Reference: "Illinois Integrated Water Quality Report and Section 303(d) List - 2006." Illinois'
Environmental Protection Agency, Bureau of Water, April 2006.)
Respectfully submitted,
By:
ILLINOIS DEPARTMENT OF
T~?~
.
'A1aIV~
One of Its Attorneys
Lance T. Jones
Carrie Solberg
Cindy Bushur-Hallam
Illinois Department
of Transportation, Office of Chief Counsel
2300 South Dirksen Parkway, Room
311
Springfield, Illinois 62764
Phone: (217) 782-3215
Lance.Jones@illinois.gov
Page 5
Electronic Filing - Received, Clerk's Office, November 13, 2007
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PUMP STATION DRAINAGE WAY)
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FLOW DIRECTION
A
B
D
Electronic Filing - Received, Clerk's Office, November 13, 2007
