F'L1NT

H1LLS

RES 0 URC

E;

S"

Joliet

Facility

P.O. Box 941

Joliet,ll60434

VIA FEDERAL EXPRESS OVERNIGHT, AIRBILL

#:

862918363250

ReC;EIVED

CLERK'S OFFICE

January 17, 2008

Illinois Pollution Control Board

Attn: Ms. Marie

E. Tipsord

Attn: Mr. John

T. Therriault

100

West Randolph, Suite 11-500

Chicago,

IL 60601.

JAN 18 2008

STATE OF ILLINOIS

Pollution Control Board

Subject:

Pre-filed Questions and Comments, Docket No: R2008-009

Proposed Amendments.to 35 ILL Administrative Code 301,

302, 303, and 304

Wat~r

Quality Standards and Effluent Limitations for the

,

Chicago Area Waterway System and Lower Des Plaines River

To Whom It May Concern:

Please find below questions and comments relating to the proposed subject

rule

making:

.

'

Regulatory Background: Economic Reasonableness

.

Section 5'/27(a) o{the Illinois Environmental Protection Act (415 ILC$

51)

states

that

"In promulgating regulations under this Act, (1)e Board shalllake into account

the"existing physical conditions, the character

of

the area involved, including the

character

of

surrounding land uses, zoning classifications, the nature ofthe

existing air qualify, or receiving body of

wate~'

as'the case

maybe, and the

technical feasibility and ecpnomic reasonableness or measuring' or reducing the

partielllartype

of

pollution. Ii

'

'

.

.

GO\Tlplying with the proposed thermal standards may presentdlfficulttechnical'

feasibility issues qndinvolve significant capital investment. Qid the

ag~ncy

seek

historical

thermal effluent data from all potentialtyimpactedfacilities along the

affected. waterway when assessing the economic feasibility of the proposed rule

making?

..

---

Illinois Pollution Control Board

January 17, 2008

Page 2

Study Methodology: "Temperature Criteria Options for the Lower'Ues

Plaines River"

'

The agency relies heavily on data and observations from the report

"Temper8ture Criteria Options for the Lower Des Plaines River'

(C. Yoder &

E.

Rankin, October 11, 2005) to develop the proposed thermal standards for the

subjec~

waterways. Attachment S of the report contains a summary

cif

the report

data. Will the agency make the raw data and quality assurance/quality control

meth.odology available from this study for review?

The agency has an extensive database

of local field data relating to fish

popUlations and water temperature in the subject waterway from dischargers

such as Midwest Generation. Did the agency utilize this .local field data during

the process of developing the proposed thermal standards?

Mixing Z.ones

, Some.of the dischargers potentially affected by the proposed rule making are

located downstream from large dischargers with established mixing zones per

regulations under 35 lAC

302.1 02.

Will the ,agency clarify if and how mixing

zone gesignation,s will be established for dischargers who,currently may be in the

footprint of another discharger's.zone?

Nal'rative Water Quality Standards

Narrative standards exist in 35 lAC 302.210 and in Subpart F for General Use

Waters. Is it the agency's intention to incorporate this substantial set of narrative

standards into the proposed

Lower Des Plaines River standards? Did the

-agency

E;)valuat~

the economic reasonableness and technica.1 feasibillty of

incorporating. these narrative standards into the proposed Lqwer Qes Plaines

River standards?

.Disinfection

The proposed bacteria standard may require dischargers to disinfecte.ffluents..

Did the agency evaluate the economic reasonableness and technical feasibility

of incorporating \he proposed "disinfection standard into the proposed Lower Des

Plaines River standards?

---

Illinois Pollution Control Board

January 17, 2008

Pag,e

3

Chloride

Industrial storm water outfalls to the subject waterways may include offsite areas

where the discharger does not have control over common activities that result in

the discharge

of high concentrations of chloride (such as application of road salt)

that may impair the waterway for chloride. Does the agency intend to apply the

proposed chloride standard to dischatgers of storm water? If the proposed

chloride standard is intended to apply to dischargers

of storm water from multiple

sources, did the agency evaluate the economic reasonableness and technical

feasibility

of incorporating the proposed

stand~rd

into,the proposed Lower Des

Plaines River standards?

.

If you

h<;lve any questions regarding this submittal please contact Joe Hallg at

815-467-3263

or atjoseph.haug@fhr,com.

Sincerely, .

Flint Hills Resources, L,P

Tim'R Nicol

Plant Manager. Vice

President~Manufacturing