ILLINOIS POLLUTION CONTROL BOARD

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1992- Fellow, American College of Physicians
2004 Contract 200-199-00058, $2,000 through Eastern Research Group for consulting to ATSDR by performing a Peer Review of a report
Orris, P. Forst, L. Obstacles And Opportunities Presented By Globalization For Occupational And Environmental Health (Abstract) Proceedings, Eighth World Congress on Environmental Health, Durban, South Africa, February 23, 2004INTERNATIONAL
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1. Northwestern University Medical School
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Chicago waterways E.coli

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

WATER QUALITY STANDARDS AND

EFFLUENT LIMITATIONS FOR THE

CHICAGO AREA WATERWAY SYSTEM

AND THE LOWER DES PLAINES RIVER:

PROPOSED AMENDMENTS TO

35 Ill.

Adm. Code Parts 301, 302, 303 and 304.

)

) R08-9

) (Rulemaking

- Water).

)

NOTICE OF FILING

To: see attached Service List

PLEASE TAKE NOTICE that on the 25

Day of June, 2008, I filed with the Office of

the Clerk of the Illinois Pollution Control Board the attached Response of Environmental

Law and Policy Center, Friends

of the Chicago River, Sierra Club (Illinois Chapter),

Natural Resources Defense Council and Openlands to the Metropolitan Water

Reclamation District

of Greater Chicago'sMotion To Stay, a copy of which is hereby

served upon you.

By:!!t~~-

Dated: June 25, 2008

Environmental Law and Policy Center

35 East Wacker Drive, Suite 1300

Chicago, IL 60601-2110

312-795-3747

Electronic Filing - Received, Clerk's Office, June 25, 2008

CERTIFICATE OF SERVICE

I, Albert Ettinger, the undersigned attorney, hereby certify that I have served the attached

Response to the Metropolitan Water Reclamation District

of Greater Chicago'sMotion

To Stay, on all parties

of record (Service List attached), by depositing said documents in

the United States Mail, postage prepaid, from

35 East Wacker Drive, Suite 1300,

Chicago, Illinois before the hour

of 5:00 p.m., on this 25

Day of June, 2008.

Electronic Filing - Received, Clerk's Office, June 25, 2008

Service List

Richard J. Kissel and Roy M. Harsch

Drinker, Biddle, Gardner, Carton

191 N. Wacker Drive, Suite 3700

Chicago, IL 60606-1698

Bernard Sawyer and Thomas Granto

Metropolitan Water Reclamation District

6001 West Pershing Road

Cicero, IL 60650-4112

Deborah J. Williams and Stefanie N. Diers

Assistant Counsel, Division of Legal Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, IL 62794-9276

James L. Daugherty, District Manager

Thorn Creek Basin Sanitary District

700 West End Avenue

Chicago Heights, IL 60411

Kevin G. Desharnais, Thomas W. Diamond

and Thomas V. Skinner

Mayer, Brown LLP

71 South Wacker Drive

Chicago, IL 60606-4637

Tracy Elzemeyer, General Counsel

American Water Company Central Region

727 Craig Road

St. Louis, MO 63141

Robert VanGyseghem

City of Geneva

1800 South Street

Geneva, IL 60134-2203

Claire Manning

Brown, Hay & Stephens LLP

700 First Mercantile Building

205 South Fifth St., P.O. Box 2459

Springfield, IL 62705-2459

Matthew J. Dunn, Chief

Office of the Attorney General

Environmental Bureau North

69 West Washington, Suite 1800

Chicago, IL 60602

Katherine D. Hodge, Monica T. Rios and Thomas Safley

Hodge Dwyer Zeman

3150 Roland Avenue

P.O. Box 5776

Springfield, IL 62705-5776

Charles W. Wesselhoft and James T. Harrington

Ross & Hardies

150 North Michigan Avenue

Suite 2500

Chicago, IL 60601-7567

Margaret P. Howard

Hedinger Law Office

2601 South Fifth Street

Springfield, IL 62703

Jerry Paulsen and Cindy Skrukrud

McHenry County Defenders

132 Cass Street

Woodstock, IL 60098

Keith I. Harley and Elizabeth Schenkier

Chicago Legal Clinic, Inc.

205 West Monroe, 4

Floor

Chicago, IL 60606

Electronic Filing - Received, Clerk's Office, June 25, 2008

Albert Ettinger

Freeman, Freeman 7 Salzman

401 N. Michigan Avenue

Chicago, IL 60611

Fred L. Hubbard

Attorney at Law

16 West Madison

P.O. Box 12

Danville, IL 61834

Lisa Frede

Chemical Industry Council of Illinois

2250 E. Devon Avenue

Suite 239

Des Plaines, IL 60018-4509

W.C. Blanton

Blackwell Sanders LLP

4801 Main Street

Suite 1000

Kansas City, MO 64112

Sharon Neal

Commonwealth Edison Company

125 South Clark Street

Chicago, IL 60603

Traci Barkley

Prairie Rivers Networks

1902 Fox Drive

Suite 6

Champaign, IL 61820

James Huff, Vice-President

Huff & Huff, Inc.

915 Harger Road, Suite 330

Oak Brook, IL 60523

Georgie Vlahos

Naval Training Center

2601A Paul Jones Street

Great Lakes, IL 60088-2845

Cathy Hudzik

City of Chicago, Mayor’s Office of Intergovernmental Affairs

121 North LaSalle Street

City Hall – Room 406

Chicago, IL 60602

Dennis L. Duffield

Director of Public Works & Utilities

City of Joliet, Department of Public Works & Utilities

921 E. Washington Street

Joliet, IL 60431

Irwin Polls

Ecological Monitoring and Assessment

3206 Maple Leaf Drive

Glenview, IL 60025

Ann Alexander, Senior Attorney

Natural resources Defense Council

101 North Wacker Drive, Suite 609

Chicago, IL 60606

Marc Miller, Senior Policy Advisor

Jamie S. Caston, Policy Advisor

Office of Lt. Governor Pat Quinn

Room 414 State House

Springfield, IL 62706

Beth Steinhorn

2021 Timberbrook

Springfield, IL 62702

Frederick D. Keady, P.E., President

Vermillion Coal Company

1979 Johns Drive

Glenview, IL 60025

Dr. Thomas J. Murphy

DePaul University

2325 N. Clifton Street

Chicago, IL 60614

Electronic Filing - Received, Clerk's Office, June 25, 2008

Susan M. Franzetti

Nijman Franzetti LLP

10 S. LaSalle Street, Suite 3600

Chicago, IL 60603

Marie Tipsord, Hearing Officer

John Therriault, Assistant Clerk

Illinois Pollution Control Board

100 West Randoph, Suite 11-500

Chicago, IL 60601-7447

Vicky McKinley

Evanston Environmental Board

223 Grey Avenue

Evanston, IL 60202

Stacy Myers-Glen

Openlands

25 East Washington, Suite 1650

Chicago, IL 60602

Albert Ettinger, Senior Staff Attorney, and Jessica Dexter

Environmental Law and Policy Center

35 E. Wacker Drive, Suite 1300

Chicago, IL 60601

Susan Hedman and Andrew Armstrong, Environmental Counsel

Environnmental Bureau

Office of the Illinois Attorney General

69 West Washington, Suite 1800

Chicago, IL 60602

Tom Muth

Fox Metro Water Reclamation District

682 State Route 31

Oswego, IL 60543

Kenneth W. Liss

Andrews Environmental Engineering

3300 Ginger Creek Drive

Springfield, IL 62711

Jack Darin

Sierra Club, Illinois Chapter

70 E. Lake Street, Suite 1500

Chicago, IL 60601-7447

Bob Carter

Bloomington Normal Water Reclamation District

P.O. Box 3307

Bloomington, IL 61702-3307

Kay Anderson

American Bottoms RWTF

One American Bottoms Road

Sauget, IL 62201

Ronald M. Hill and Margaret T. Conway

Metropolitan Water Reclamation District of Greater Chicago

100 East Erie Street, Room 301

Chicago, IL 60611

Kristy A.N. Bulleit and Brent Fewell

Hunton & Williams LLC

1900 K. Street, NW

Washington, DC 20006

Frederic P. Andes, Carolyn S. Hesse and David T. Ballard

Barnes & Thornburg LLP

One North Wacker Drive, Suite 4400

Chicago, IL 60606

Jeffrey C. Fort and Ariel Tescher

Sonnenschein Nath & Rosenthal LLP

7800 Sears Tower

233 S. Wacker drive

Chicago, IL 60606-6404

William Richardson, Chief Legal Counsel

Illinois Department of Natural Resources

One Natural Resources Way

Springfield, IL 62702

Electronic Filing - Received, Clerk's Office, June 25, 2008

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

WATER QUALITY STANDARDS AND

)

EFFLUENT LIMITATIONS FOR THE

) R08-9

CHICAGO AREA WATERWAY SYSTEM

) (Rulemaking – Water)

AND THE LOWER DES PLAINES RIVER:

)

PROPOSED AMENDMENTS TO 35 Ill.

)

Adm. Code Parts 301, 302, 303 and 304

)

ENVIRONMENTAL ADVOCATES’ JOINT RESPONSE TO THE

METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER

CHICAGO’S MOTION TO STAY IPCB R08-9

“Every year in which disinfection does not occur puts users of the [Chicago Area

Waterway System] at risk of infection and discourages additional members of the public

from making full use of the waterway out of fear for their health and safety.”

See

attached

Affidivit of Peter Orris, Professor and Chief of Occupational and Environmental

Medicine, University of Illinois at Chicago Medical Center. (Exhibit A, p. 25).

Notwithstanding this danger, the Metropolitan Water Reclamation District of Greater

Chicago (“MWRDGC”) has moved to stay the triennial review process of considering

whether disinfection is needed in the Chicago Area Waterway System (“CAWS”) for

three years or more, in part on the grounds that the University of Illinois at Chicago

(“UIC”) School of Public Health is conducting ongoing research on the CAWS. This

delay is unwise and unnecessary for the reasons pointed out by the School’s Dr. Orris.

The motion to stay would also sidetrack for three years the effort to upgrade protections

for aquatic life in the CAWS, which is the culmination of a stakeholder process that

began nearly six years ago, and which should have been commenced by law decades ago.

The Environmental Law and Policy Center, Friends of the Chicago River, Natural

Resources Defense Counsel, Openlands, Prairie Rivers Network and Sierra Club

Electronic Filing - Received, Clerk's Office, June 25, 2008

(collectively “Environmental Advocates”) oppose MWRDGC’s motion for a stay

because the need to upgrade the standards for protecting recreation and aquatic life in the

CAWS is urgent and fully supported by the evidence. MWRDGC’s portrayal of IEPA as

racing to file an ill-considered petition with the Board before MWRDGC had an

opportunity to conduct a large number of critical studies could hardly be further from the

truth. The stakeholder process that IEPA conducted prior to proposing this rule was

lengthy, thorough and inclusive. In any event, MWRDGC’s motion is based on a

misconception of the applicable law.

MWRDGC has failed in its motion to present evidence that the designations

proposed by IEPA are not attainable, which is the issue at the heart of this proceeding.

The Environmental Advocates intend to present evidence that further supports the IEPA’s

conclusion that the proposed standards are attainable, as well as evidence that parts of the

proposal need to be strengthened to better protect the environment.

The IEPA proposal to re-designate portions of the CAWS to protect

recreation and aquatic life is adequately supported by the record

A. The Stakeholder Process

The proposed rules were anything but rushed. One might accurately say that the

IEPA’s use attainability analysis of the CAWS was decades late. The U.S. EPA

regulations require states every three years to re-examine designations of uses for water

bodies that do not include all the fishable/ swimmable uses to determine if new

information has become available. 40 C.F.R. § 131.20(a). However, IEPA has not

formally reviewed the secondary contact/indigenous aquatic life designations for most of

the CAWS since 1972.

Electronic Filing - Received, Clerk's Office, June 25, 2008

IEPA officially began a use attainability analysis (“UAA”) to consider whether

new information had become available regarding the attainable uses of the CAWS with a

“kick-off meeting of stakeholders in September 2002.” Letter of Richard Lanyon,

MWRDGC Director of Research and Development to John C. Farnan, MWRDGC

General Superintendent, June 4, 2004, available on MWRDGC website. (Exhibit B).

Thereafter, the IEPA conducted numerous studies, public meetings and meetings of the

Stakeholders Advisory Committee between 2002 and 2006.

See

“Timeline of Lower Des

Plaines River and CAWS UAA Stakeholder Advisory Committee Meetings,” IEPA

Attachment E; Meeting Minutes from the Lower Des Plaines River Workgroup and the

CAWS Stakeholder Group, IEPA Exhibit 36.

MWRDGC cooperated in the studies and other portions of the UAA process as it

was required to do by the National Pollutant Discharge Elimination System (NPDES)

permits issued for its Calumet, North Side and Stickney plants. (Exhibit B, p. 2). Nothing

kept MWRDGC from beginning additional studies in 2002 or earlier if it thought them

necessary.

In January 2007, IEPA circulated a draft set of rules that was reviewed by U.S.

EPA Region 5. The U.S. EPA response made clear that, if anything, it believed the IEPA

erred by failing to give sufficient protection to potential uses. Letter of Linda Holst,

Chief Water Quality Branch, Region 5 to Toby Frevert, Manager, Division of Water

Pollution Control (Jan. 18, 2007). (Exhibit C, p. 2).

Subsequently, there were additional meetings held on the draft rules before the

final proposal was made to the Board on October 26, 2007.

See

“Timeline of Lower Des

Electronic Filing - Received, Clerk's Office, June 25, 2008

Plaines River and CAWS UAA Stakeholder Advisory Committee Meetings,” IEPA

Attachment E.

B. The burden is on those who would stop all or part of the CAWS from

being given general use protections to show that uses are not attainable.

In its motion, MWRDGC presents a five page list of alleged “substantial

deficiencies in the IEPA proposal” in the order in which the supposed deficiencies were

revealed during the hearing. (MWRDGC Motion, p. 9). In most cases, one can only

speculate regarding the basis or logic of MWRDGC’s claims because the “deficiencies”

are presented without any explanation as to how they bear on the proposed designations

or criteria. However, an unstated, and entirely incorrect assumption behind the

presentation of this laundry list is that IEPA has the legal burden in this proceeding to

prove that the waters in question can support fishable/swimmable uses, and that it can

only meet this burden by amassing scientific information regarding every fact that might

be thought relevant to deciding what aquatic life and recreational uses the CAWS can

support and the standards necessary to protect them.

In fact, the law is clear that there is a rebuttable presumption that every water

body should support fishable and swimmable uses.

Kansas Natural Resource Council v.

Whitman

, 255 F. Supp. 2d 1208, 1209 (D. Kan. 2003);

Idaho Mining Ass’n v. Browner

90 F. Supp. 2d 1078, 1097-98 (D. Idaho 2000);

see

U.S. EPA, Water Quality Standards

Academy, “Rebuttable Presumption” Key Concept (available at

http://www.epa.gov/waterscience/standards/academy/keyconcepts/mod2/page4.htm). In

other words, it is assumed that fishing, swimming, and other recreational activities could

take place in any water body---and the water body should be designated for those uses---

unless the state shows (using one of the six specific factors described below) that those

Electronic Filing - Received, Clerk's Office, June 25, 2008

uses could not take place in a particular water body.

Id.

Water quality criteria must then

be established that protect those uses. 40 C.F.R. §131.11. If a state seeks to designate a

water body in a manner that it will not be protected for the full range of recreational (e.g.

swimming, fishing boating) and aquatic life uses that are presumed to be attainable, the

UAA must demonstrate that those uses are not attainable and determine the highest

achievable uses. 40 C.F.R. §131.10(j)(1).

Specifically, the UAA regulations only provide six ways that a state, MWRDGC

or any other party can rebut the presumption of fishable / swimmable use.

See

40 C.F.R.

§131.10(g). Five of these six reasons have to do with physical limitations of the

waterbody. Only one of the six regulatory factors listed in 40 C.F.R. §131.10(g) allows

for consideration of economic factors, and then only under the most extreme

circumstances.

See

40 C.F.R. §131.10(g)(6). Yet, without having put on any evidence

regarding cost, MWRDGC alludes to the possibility that the proposed standards should

not apply to them because of economic hardship.

Under Section 131.10(g)(6), a use does not have to be designated for protection if

the necessary additional pollution controls “would result in substantial and widespread

economic and social impact.” It is well established that this is a test of affordability, not a

cost-benefit analysis.

See

U.S. EPA,

Interim Economic Guidance for Water Quality

Standards - Workbook

(available at:

http://www.epa.gov/waterscience/standards/econworkbook/

). The U.S. EPA Guidance

makes clear that “[d]emonstration of substantial financial impacts is not sufficient reason

to modify a use or grant a variance from water quality standards. Rather, the applicant

Electronic Filing - Received, Clerk's Office, June 25, 2008

must also demonstrate that compliance would create widespread socioeconomic impacts

on the affected community.”

Id.

Similarly, there is nothing in Illinois law or practice that suggests that water

quality designations cannot be upgraded in the CAWS until IEPA negates every

imaginable objection. “General use,” a classification that broadly protects recreation and

aquatic life, is plainly the normal designation in Illinois as shown by the fact that the

Board has designated the vast majority of Illinois water bodies as such. Regarding the

technical feasibility and economic reasonableness of a proposed standard, the Board is

only required to “consider” these factors.

See

415 ILCS 5/27(a) (2008). The “Board’s

broad rulemaking authority is not limited by the extent of hardship that a regulation may

cause to dischargers. The Board need not conclude that compliance with a proposed

regulation is ‘technically feasible and economically reasonable’ before it can adopt such a

regulation.”

Granite City Division of National Steel Company v. IEPA

, 155 Ill. 2d 149,

182-83, 613 N.E. 2d 719, 734 (Ill. 1993) (

“Granite City Steel”

In any event, because state water programs must be no less stringent than the

federal program (40 C.F.R. §§ 131.5; 131.6), the question of whether the measures

necessary to protect the identified uses are technically feasible and economically

reasonable must be interpreted consistently with the Section 131.10(g) factors, such that

the measures may be found infeasible only as defined in factors one through five, or

economically unreasonable as defined in factor six.

See

40 C.F.R. §131.10(g).

Moreover, in this instance, it would be preposterous to argue that disinfection is

infeasible or economically unreasonable. It is required by the Board almost everywhere

across the State under 35 Ill. Adm. Code 302.209. The reason that the Board in 1985

Electronic Filing - Received, Clerk's Office, June 25, 2008

restricted or no longer required disinfection was that it found chlorination practices at that

time were causing significant harm to aquatic life. In the Matter of Amendments to

Subtitle C: Water Pollution, Fecal Coliform and Seasonal Disinfection R85-29 (June 30,

1988). This concern is no longer valid given the fact that wastewater treatment plants

now successfully rely on dechlorination as well as forms of disinfection that do not use

chlorine.

Further, while perhaps the CAWS was still distasteful enough in the 1980’s to

discourage people from using it, despite its proximity to parks and residences, the public

testimony placed into the record during the June 16, 2008 proceeding makes clear that

this is no longer the case. Illinois regulations in effect require seasonal disinfection for

“protected waters,” which include those that “flow through or adjacent to parks or

residential areas.” 35 Ill. Adm. Code 302.209(a)(2). “A protected water is thus more

encompassing than the primary contact waters.” Amendments to Subtitle C: Water

Pollution. Fecal Coliform and Seasonal Disinfection, R85-29, p. 12. The Board

explained the rationale for extending this protection in its 1988 Opinion:

Year-round relief [from disinfection] would not be allowed in streams that

flow through residential neighborhoods and certain recreational areas.

These streams may often invite public contact simply due to their

accessible locations without regard to their sustainability for primary

contact recreation. Streams in such locations would be treated as if

primary contact were possible.

R84-29 at 12 (citing P.C. #27 at 3).

It is clear that this provision should apply to the vast stretches of the CAWS that

“flow near, through or adjacent to parks or residential area” (35 Ill. Adm. Code 309.209

(a)(2)), justifying required disinfection of sewage discharged to the CAWS. When the

Board initially set bacterial limits in 1972, it reasoned that “[e]ven if waters are not

Electronic Filing - Received, Clerk's Office, June 25, 2008

recommended for swimming because of other problems, such as turbidity, barge traffic,

or dangerous currents, they should not pose a health hazard to those who do use them.”

In the Matter of Effluent Criteria (R70-8); In the Matter of Water Quality Standards

Revisions (R71-14); In the Matter of Water Quality Standards Revisions for Intrastate

Waters (R71-20)

consolidated

(Mar. 7, 1972), p. 8.

C. The alleged “deficiencies” in IEPA’s proposal are chimerical.

Many of the “deficiencies” alleged in the MWRDGC Motion are based on its

distortion of the record. For example, the MWRDGC claims the IEPA conceded that it

could not define a non-arbitrary line to distinguish between Aquatic Life Use A waters

and Aquatic Life Use B waters. (MWRDGC Motion, p. 6). To the contrary, IEPA’s Roy

Smogor described QHEI scores that fell into two distinct groups that became Use A and

Use B waters. (March 10, 2008 Transcript, pp. 28-29). Similarly, the MWRDGC assails

supposed failings of other evidence used to support the designations suggested by the

QHEI, and insinuates that the IEPA failed to consider benthic and sediment conditions in

making its use attainability decisions. (MWRDGC Motion, p. 7). In fact, the IEPA

stated repeatedly that it considered existing benthic and sediment data in the weight of

evidence consideration. (March 10, 2008 Transcript, pp. 20-21). In the passage cited by

MWRDGC, Mr. Smogor explained why the data on benthic and sediment conditions

could not be compared directly to the other data sets that were used to assess habitat

conditions. (March 10, 2008 Transcript, pp. 22-23). He never conceded that these issues

were ignored or overlooked by IEPA.

The MWRDGC attempts to make much of some corrections to fish Index of

Biological Integrity (IBI) score calculations, as if the corrections would have some

Electronic Filing - Received, Clerk's Office, June 25, 2008

serious impact on the use designation decisions. (MWRDGC Motion, p. 8). However,

IBI scores are necessarily measures of the

existing

species assemblage, not the

attainable

use. (April 23, 2008 Transcript, p. 211). IEPA witnesses repeatedly stated that

attainability must be based on an analysis of physical habitat conditions. (April 23, 2008

Transcript, p. 214). The current IBI scores were compared against the QHEI to

corroborate the designations and get a sense of the stressors on the system. (April 23,

2008 Transcript, p. 211-214).

The MWRDGC also tries to undermine the CAWS Aquatic Life Use A

designation by misrepresenting the testimony regarding fish spawning, claiming that

IEPA conceded there was no data showing that spawning occurs in these waterways.

(MWRDGC Motion, p. 7). To the contrary, Mr. Smogor testified that the Agency had

evidence of fish spawning in Aquatic Life Use A waters in the form of sub-adult fish

individuals present in samples taken by MWRDGC. (March 10, 2008 Transcript, pp. 74-

75; March 11, 2008 Transcript, p. 232). He explained that limitations in the sampling

equipment were the reason larval fish were not found in the samples, but that the

existence of sub-adult fish is sufficient to infer spawning in the area. (March 10, 2008

Transcript, pp. 75-76).

The MWRDGC also attempts to delay the proceeding on the basis that IEPA has

not determined whether the proposed designated aquatic life uses are consistent with

Illinois Department of Natural Resources fisheries management plans. (MWRDGC

Motion, p. 6). As is the case with many of the supposed deficiencies the MWRDGC

alleges, the factual record will be further developed during the upcoming hearings being

held for that explicit purpose. In any case, there is no reason why the absence of

Electronic Filing - Received, Clerk's Office, June 25, 2008

information concerning fishery management plans should be allowed to delay this

rulemaking or in any way prejudice the proposal.

Regarding sediment, the MWRDGC claims the IEPA conceded that it was

required to look at sediment data to evaluate habitat issues but failed to do so.

(MWRDGC Motion, p.6). Mr. Chris Yoder actually testified that sediment data was

not

appropriate to factor into a QHEI study because the QHEI measures physical habitat, not

chemical parameters. (February 1, 2008 Transcript, pp. 181-182). He stated that a study

of chemical parameters could include sediment toxicity data, but did not state that this

data was “necessary” as the MWRDGC suggests. (February 1, 2008 Transcript, p. 182).

The MWRDGC also claims the IEPA admitted that its assertion that sediment quality is

improving is not supported by sufficient data. (MWRDGC Motion, p. 7). But Mr. Sulski

admitted no such thing. Instead, he testified that the IEPA based its assessment of

improved sediment quality on a reduction in sediment volumes, pretreatment programs,

stormwater programs and mercury collection programs. (March 10, 2008 Transcript, pp.

24-26).

MWRDGC suggests that this proceeding should be suspended in part because

IEPA cannot say “whether the control measures recommended in the UAA would lead to

100% attainment of the standards in all parts of the CAWS.” (MWRDGC Motion, pp. 7,

8). But this is not the legal standard. The IEPA does not have an obligation to propose

standards that can be met easily, let alone 100% of the time. In fact, IEPA can propose

and the Board can adopt standards that initally cannot be met in order to force

improvements to existing technology.

Granite City Steel

, 155 Ill. 2d at 182-83, 613 N.E.

2d at 734.

Electronic Filing - Received, Clerk's Office, June 25, 2008

Regarding recreational uses, MWRDGC again distorts and misstates both the

applicable standard and the record. The fact that IEPA does not have the “proper

indicator to assure protection of recreational users” (MWRDGC Motion, p. 5) is

completely irrelevant given that IEPA did not propose an ambient pathogen standard

applicable to any portion of the CAWS. Rather, the IEPA proposed effluent standards

that, if complied with by MWRDGC, will assure that it disinfects its effluent so that

pathogens that its plants would otherwise discharge during dry weather conditions will

not be alive to make people sick.

IEPA did not, as the MWRDGC claims, admit that proposed recreational uses are

unsafe. (MWRDGC Motion, p. 9). IEPA’s Rob Sulski testified that the Agency was

protecting existing uses regardless of whether everyone would consider them safe or not.

(January 29, 2008 Transcript, p. 222). Neither did IEPA concede that the prospect of

water quality improvements was unfounded. In fact, Mr. Sulski testified that in a system

dominated by wastewater effluent, removing the source of pathogens in that effluent

would quite logically reduce the numbers of pathogens found in the system. (January 29,

2008 Transcript, p. 190). Mr. Scott Twait further explained that disinfection can bring

levels of fecal coliform indicator bacteria (which signal the presence of other pathogens)

in the effluent down from 5,000-100,000 fecal coliforms per 100 mL to 100-400 fecal

coliforms per 100 mL. (January 29, 2008 Transcript, pp. 190-92;

see also

Orris

Affidavit, p. 14). As Mr. Twait stated, the specific purpose of the fecal coliform

discharge standard is to ensure that disinfection is accomplished. (January 29, 2008

Transcript p. 180).

Electronic Filing - Received, Clerk's Office, June 25, 2008

The MWRDGC claims that IEPA did not analyze the feasibility of various

disinfection technologies (MWRDGC Motion, p. 9), but gives no reason why IEPA had

to do so. There is none. The effluent standard IEPA has proposed would simply require

the MWRDGC to reduce fecal coliform levels in its effluent to below 400 per 100 ml.

The standard does not specify a technology to meet that standard, and the MWRDGC

would be free to choose any one that would achieve that standard. (

See

March 10, 2008

Transcript, pp. 49-50). MWRDGC cannot claim with a straight face that it is not capable

of meeting this effluent standard, since a huge number of Illinois dischargers as well as

almost all of the major municipalities in North America do so.

The MWRDGC also raises the issue of other sources of pathogens in the system

(such as combined sewer overflows), implying that IEPA cannot set standards for

effluent without accounting for all potential sources. (MWRDGC Motion, pp. 5, 6, 7, 9).

In fact, the IEPA considered CSOs and MS4s (contrary to the MWRDGC’s claims that

they were ignored), and decided that the volume and frequency of discharges from these

intermittent sources is relatively small in proportion to the large and constant flow of

effluent discharged into the CAWS from wastewater treatment plants. (April 23, 2008

Transcript, pp. 77-79). As Ms. Deborah Williams testified, IEPA has the authority to set

effluent standards such as the disinfection standard proposed in this rulemaking. (March

10, 2008 Transcript, pp. 50-51). Certainly, the IEPA and the Board are not required to

solve every water quality problem before they adopt rules designed to solve some of

them.

See People v. PCB, et al.

, 103 Ill.2d 441, 451, 469 N.E.2d 1102, 1108 (Ill. 1984).

MWRDGC also implies that IEPA should have investigated “unintended

environmental consequences of disinfection and artificial supplementation of dissolved

Electronic Filing - Received, Clerk's Office, June 25, 2008

oxygen” (MWRDGC, pp. 5-6), as though energy consumption is an excuse for failing to

comply with the Clean Water Act mandate to protect human health and the environment

from contaminants, such as pathogens. We reiterate that wastewater treatment plants

across the nation are relying ultraviolet disinfection systems without energy consumption

being a barrier to such usage.

See

Dussert, Bertrand W., “

The Future Looks Bright:

Ultraviolet Irradiation Systems Are Rapidly Gaining Traction in The Water Treatment,

Wastewater Treatment And Water Reuse Markets,

” Water Environment and Technology,

V.20 No. 6 (June 2008). If MWRDGC is of the opinion that the cost of energy is so

expensive that it warrants failing to protect water quality, it can present its evidence in

this proceeding. Perhaps MWRDGC could also seek to suspend construction of the Deep

Tunnel project, or operation of its treatment plants altogether on the same basis.

MWRDGC cannot sensibly ask that the Board suspend this proceeding because IEPA has

not investigated the remote possibility that water pollution control practices that are

standard across the country should be scrapped to save energy.

Finally, MWRDGC suggests that this proceeding be suspended because of

IEPA’s failure to analyze the costs of meeting the proposed dissolved oxygen standard

and makes an unsupported remark that disinfection will cost billions of dollars.

(MWRDGC Motion pp. 9, 10). However, nothing in federal or state law requires that

IEPA present such evidence, and the law is clear that economic costs of compliance are

not determinative.

Granite City Steel

, 155 Ill. 2d at 181; 613 N.E. 2d at 734.

II.

The Board should not wait until the studies MWRDGC discusses are

completed.

MWRDGC also argues that the Board should delay this proceeding to allow it to

complete a number of studies that it states it has recently undertaken, the last of which is

Electronic Filing - Received, Clerk's Office, June 25, 2008

“planned to be completed by the end of 2010.” (MWRDGC Motion, p. 14). No

explanation is given as to why, if these studies are so important, they were not started in

or before 2003. In any event, the studies discussed by MWRDGC are far from

indispensable to this proceeding. Many of them are not even relevant.

The principal study cited by MWRDGC is the ongoing epidemiological study

being conducted by UIC, now scheduled for completion in early 2010. However, Dr.

Peter Orris, a leading professor and physician at UIC and colleague of the principle

researcher on the epidemiological study, states very clearly that the study is

not

a sound

basis to delay this proceeding. Dr. Orris, while praising the study itself, makes clear

epidemiological studies of this type are “blunt instruments.” Affidavit of Peter Orris at

20. Even a negative study outcome – that is, a finding of no additional illnesses among

CAWS recreational users – would not be a good basis for failing to protect public health

through disinfection. Dr. Orris describes the many reasons why an epidemiological study

of this nature can easily fail to detect very real risks, including most notably the

unlikelihood of finding a large enough sample of the most at-risk individuals – e.g.

children and boaters who accidentally fall in the water. As explained in Professor Orris’

affidavit:

[D]elaying disinfection at the MWRD facilities pending the outcome

of the single study being conducted by my colleagues at the UIC

School of Public Heath on behalf of MWRD would be seriously

misguided. It has long been established that waterborne pathogens

associated with sewage are hazardous to public health. Perhaps no

other area of medicine has been as well established for as long. No

single epidemiological study – no matter how well designed and

executed, and no matter what the ultimate result – is a sufficient

basis to refuse to address waterborne pathogens in the CAWS.

An epidemiological study gives us the risk of events that may occur

to a certain number of individuals within a population. In this

Electronic Filing - Received, Clerk's Office, June 25, 2008

situation, we are concerned in substantial part with unexpected

events (falling in the water) affecting especially vulnerable

individuals, such as young children, and having potentially dire

effects. This scenario is not susceptible to epidemiological

conclusions about risk in the establishment of precautionary public

policy. This precautionary rationale suggests, for instance, that a

community should not hesitate to install a traffic light on a street

corner because an epidemiological study indicated that only one

child in the neighborhood was likely to die at the corner each decade

if everyone obeyed the speed limits.

This reality is reflected in the proposed regulations of the IEPA, as

well as in current practice in Illinois and throughout the nation.

Affidavit of Peter Orris, pp. 3-5. Dr. Orris also notes that epidemiological studies are

limited by the constantly fluctuating variables (e.g. water temperature and sunlight) that

can impact the level of pathogens at any given time. Affidavit of Peter Orris, p. 23.

Dr. Orris further explains that significant, currently well-established risk to public

health is posed inherently by the presence of pathogens in the water.

See

Affidavit of

Peter Orris, pp. 13-16. These types of bacteria cause millions of cases of illness in the

United States each year, some of them serious (particularly, once again, for children); and

could infect any CAWS user who accidentally swallowed a mouthful (which can happen

to anyone who falls in the water accidentally). As Dr. Orris explains, even though the

epidemiological study may prove generally useful in enhancing our overall understanding

of recreational health risks, it makes no sense to put off addressing a very serious health

risk of this nature in order to wait for results that will not, by their nature, disprove that

risk. Affidavit of Peter Orris, pp. 3-5, 24-25.

The other studies that MWRDGC proposes to use as an excuse to delay

remedying a serious public health problem are either irrelevant to this proceeding or are

Electronic Filing - Received, Clerk's Office, June 25, 2008

important only in that they will assist in developing future water quality criteria to replace

the technology-based effluent limits for fecal coliform.

Any studies that MWRDGC may undertake regarding the various alternative

forms of disinfection and the financial and environmental costs of these alternatives

(MWRDGC Motion, p. 11) may be very useful in designing the type of disinfection that

will be used by MWRDGC. However, these studies certainly will not show that

disinfection is technically, ecologically or economically infeasible because it is very well

established that disinfection of sanitary wastewater has become commonplace throughout

most of Illinois and in virtually every other major municipality in the country.

The significance of other MWRDGC studies is less clear, since these studies are

not well described. We might give MWRDGC the benefit of the doubt that these studies

could be relevant as to how the standards at issue here should be implemented, but

MWRDGC has not made any showing of how these studies bear on this proceeding.

Moreover, it is clear that MWRD must conduct some of the studies anyway, and

implement several of the pollution control solutions that MWRDGC is resisting,

regardless of the outcome of this rulemaking. For example, the record is quite clear that

combined sewer overflows and other factors are now causing dissolved oxygen levels in

some parts of the CAWS to fall to zero. This is a clear violation of the standards currently

applicable to the CAWS under 35 Ill. Adm. Code 302.405. If the MWRDGC attempts in

this proceeding to demonstrate that costs or “environmental consequences” require that

the IEPA proposal be denied, we will expect MWRDGC to be careful to separate what is

needed to meet the proposed standards in this proceeding from what it is required to meet

by current standards that have been in place for decades.

Electronic Filing - Received, Clerk's Office, June 25, 2008

III.

Conclusion

MWRDGC’s motion to suspend this proceeding should be denied. Indeed, while

recognizing that the Board must deal with many important issues, the Environmental

Advocates ask that the Board expedite this proceeding to the extent possible to protect

public health and the environment.

Respectfully submitted,

Albert Ettinger, Senior Staff Attorney

Jessica Dexter, Staff Attorney

Council for Environmental Law and Policy C

Chicago River and Sierra Club, Illinois Ch

enter, Friends of the

apt

Ann Alexander

Senior Attorney

sources

Defense Council

Natural Re

Stacy Meyers-Glen

Openlands

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CURRICULUM VITAE

June 1, 2008

PETER ORRIS, MD, MPH, FACP, FACOEM

RESIDENCE

5206 South Kenwood, Chicago, Illinois 60615, 773-752-7680

BUSINESS

Occupational Health Services Institute, Great Lakes Center for Occupational and Environmental Safety and Health (M/C

684),University of Illinois, 835 S. Wolcott Street, (MC 684), Chicago, IL 60612

312-996-5804, Fax 312-413-8485, Email porris@uic.edu

Occupational Medicine, John H. Stroger Jr. Hospital of Cook County, 1900 W. Polk, Rm. 500, Chicago, IL. 60612, 312-

864-5550, Fax 312-864-9701, Email porris@uic.edu

BIRTH DATE

October 7, 1945

BIRTHPLACE

Los Angeles, California

Chicago Medical School

Residencies

1975-8 Internal Medicine

Cook County Hospital

1977-9 Occupational Med.

Cook County Hospital

Additional

1965

Bio-medical Electronics

Harvard University

1968

Advanced Circuit Theory

Radiographic Evaluation

Chest Physicians

of Pneumoconiosis

1995,7+ Medical Review Officer

Amer College of Occupational

2001,3

training Courses

& Environmental Medicine

CERTIFICATION AND LICENSES

1976-

State of Illinois, Physician and Surgeon, #36-53014

1979-

Diplomat, American Board of Preventive Medicine

in Occupational Medicine

2001-

Certified Medical Review Officer #01-04536

POSITIONS

2000-

Chief of Service, Occupational and Environmental Medicine

University of Illinois at Chicago Hospital and Medical Center

2000-

Director, Global Chemicals Policy Center, Great Lakes Centers For

Occupational & Environmental Safety & Hlth, UIC School of Public

Health,

1999-

Director, Occupational Health Services Institute, UIC School of Public

Health,

Electronic Filing - Received, Clerk's Office, June 25, 2008

1979-

Senior Attending Physician (Voluntary), Stroger Hospital of Cook County

ACADEMIC APPOINTMENTS

Professor of Internal and Preventive Medicine

Rush University College of Medicine

Adjunct Professor of Environmental & Occupational Health Sciences

University of Illinois at Chicago School of Public Health

Adjunct Professor of Preventive Medicine

Northwestern University Medical School

HOSPITAL STAFF APPOINTMENTS

2005-

Rush University Medical Center (Attending)

1999-

U. of I. Hosp & Medical Center (Attending)

1979-

Cook County Hospital (Voluntary Senior Attending)

AWARDS AND HONORS

2007

Humanitarian For Healthcare Award, Cook County Board, Illinois

2007

Letter of Congratulations from the Governor of Illinois

2006

Certificate of Appreciation, World Federation of Public Health Assoc.

2005

Selection as a “Best Doctor” in the United States, Castle Connelly Pub

2005

Outstanding Service Award, Executive Medical Staff of Stroger Hosp.

2004

Certificate of Appreciation, University of the Philippines, Manila

2003

Certificate of Appreciation, Illinois State Medical Society

2001

Certificate of Appreciation, Arab Community Center for Economic and

Social Services Community Health and Research Center, Dearborn, MI

2001

Selection as a “Top Doctor” in Chicago Metro Area, Castle-Connolly

2000

Certificate of Appreciation, World Federation of Public Health Assoc.

1999

Certificates of Appreciation, American Medical Student Association, APHA

Occupational Health & Safety Section, Mt. Sinai Family Practice, Air and

Waste Management Association

1998

Certificates of Appreciation- Greenpeace USA, Peace Corps, Chicago

Medical Society

1992-

Fellow, American College of Physicians

1988-

Fellow, American Collge of Occupational and Environmental Medicine

1986

Certificate of Recognition, Health Policy Agenda For the Amer People

1984-8

Fellow, American Academy of Occupational Medicine

1981

Certificate of Appreciation, Nat'l Safety Council

1980-9

Fellow, American College of Preventive Medicine

1973

Ciba Community Affairs Award

PROFESSIONAL JOURNAL ACTIVITIES

Canadian Medical Association Journal (reviewer)

American Journal of Industrial Medicine (Contributing Editor)

Journal of Public Health Policy (Management Committee & Editorial Board)

Revista Cubana De Salud Y Trabajo (Member, Editorial Board)

New Solutions (Member, Editorial Board)

Electronic Filing - Received, Clerk's Office, June 25, 2008

American Journal of Public Health, (Reviewer)

Environmental Research (Reviewer)

Journal of the American Medical Association (Reviewer)

Journal of Occupational and Environmental Medicine (Reviewer)

Journal of Health Services Research (Reviewer)

Environmental Toxicology and Pharmacology Journal (Reviewer)

PROFESSIONAL SOCIETY MEMBERSHIPS

American College of Occupational and Environmental Medicine

American College of Physicians

American Medical Association

American Public Health Association

Association of Occupational and Environmental Health Clinics

Central States Occupational Medical Association

Cook County & Illinois State Medical Societies

Illinois Public Health Association

International Commission on Occupational Health

Medical Directors Club of Chicago

Physicians for a National Health Program

Physicians Forum

Physicians for Social Responsibility

Society for Occupational and Environmental Health

CURRENT APPOINTED OR ELECTED POSITIONS

Hospital

2006-

Doctors Council, Cook County Bureau of Health Services, SEIU

2005-

Immediate Past President, Stroger Hospital Medical Staff

1982-

Institutional Review Board, Cook County Bureau of Health Services

(Co-Chair, 1991-4, Chair, 1994-2007)

Professional Societies:

2007-

Chair, Public Health and Environment Committee of the World Federation of

Public Health Associations

2002-

Director of Continuing Medical Education, Medical Directors Club of Chicago

1999-

Policy Committee, World Federation of Public Health Associations

1997-

Director, World Federation of Public Health Associations Persistent Organic

Pollutants Project – Human Health Effects of Chemicals Project.

1993-

Delegate, Illinois State Medical Society

1992-

Councilor, Chicago Medical Society

COMMUNITY OR GOVERNMENT:

2007-

Member, Scientific Advisory Committee, World Trade Center Medical

Programs, Mount Sinai School of Medicine, New York

2006-

Member, State of Illinois Board of Health

2005-

Advisor, United Nations Development Program/Global Environmental

Facility Health Care Waste Project

2004-

Advisor, Healthy Schools Campaign

Electronic Filing - Received, Clerk's Office, June 25, 2008

2004-

Member, Board of Directors, Safer Pest Control Project

2002-

Member, Executive Board, Illinois Safety Council

2001-

Member, Board of Directors, Hecktoen Institute For Medical Research

2001-

Advisor, Community Organizations in Chicago, Mossville, Norco, and New

Sarpy, Louisiana, and Durban, South Africa.

2001-

Member, Working Group on Occupational Health and Safety

Intergovernmental Forum on Chemical Safety (IFCS)

2000-

Medical Advisor, AFSCME Council 31

2000-

Medical Advisor, Midwest Generation, LLC

1998-

Advisor, Health Care Without Harm

1996-

Senior Medical Advisor, Greenpeace, USA

1995-

Medical Advisory Committee, John Redmond Foundation, International

Association of Firefighters, AFL-CIO

1995-

US Co- Chair, Health Professionals Task Force, International Joint

Commission of the US and Canada

1993-

Medical Advisory Com., Intern'l Brotherhood of Teamsters, AFL-CIO

1991-

Hazmat Project Adv Bd, Service Employees Interntnl Union,AFL-CIO

GOVERNMENT CONTRACTS:

2002

Contract X97523001-0, $15,000, for consulting to EPA Central Office by

organizing and performing a Peer Review of a report.

2004

Contract 200-199-00058, $2,000 through Eastern Research Group for

consulting to ATSDR by performing a Peer Review of a report

2007

Technical Medical Review of Commercial Truck and Bus safety Synthesis

Program - Synthesis 15, for Federal Motor Carrier Safety

Administration, “Health and Wellness Programs for Commercial

Drivers” Krueger, G.P. et al Transportation Research Board, National

Academies, Washington, D.C. 2007

BIBLIOGRAPHY

Peer Reviewed Journal Papers:

Karliner, J. Harvie, J. Orris, P. Mercury Free Healthcare

World Medical Journal May, 2008, 24:2

Aguilar, J. Mas, Pedro, Romero, M. Garcia, R. Sardinas, O. and Orris, P. Niveles de plomo en sangre y factores

asociados, en ninos del municipio de Centro Habana, Rev Cubana Hig Epidemiol 2003, 41:2

Higgins, P, Orris P. Providing Employer-Arranged Occupational Medical Care: Conflicting Interests

State of the

Art Reviews in Occupational Medicine, Oct –Dec, 2002, 17:4, P. 601-6

Higgins, P., Ezike, C., Orris, P. Occupational Health Services for Municpal Employees

, State of the Art

Reviews

in Occupational Medicine, Jan. 2001, 16:1, P. 11-23

Pye, H., Orris, P. Workers Compensation in the United States and the Role of the Primary Care Physician

, Primary

Care: Clinics in Office Practice 2000 December; 27(4): 831-844

Springs-Phillips, S. Pye, H. Orris, P. A Health Hazard Evaluation

, Illinois Morbidity and Mortality Review,

1999, P. 10-16

Reissman, D., Orris, P., Lacey, R., Hartman, D. Downsizing, Role Demands, and Job Stress

, JOEM, 1999 April;

Electronic Filing - Received, Clerk's Office, June 25, 2008

41(4): 289-94

Orris, P., Hartman, D., Strauss, P., Anderson, R. Collins, J., Knopp, C., Xu, Y., Melius, J. Stress Amongst

Package Truck Drivers

, Am J Ind Med, 1997 Feb; 31(2):202-210.

Brodkin, C.A., Frumkin, H., Kirkland, K.H., Orris, P., Schenk, M. AOEC Position Paper on the

Organizational Code for Ethical Conduct

, J Occup Environ Med. 1996 Sep; 38(9): 869-81

Thornton, J., McCally, M., Orris, P., Weinberg, J. Hospitals and Plastics. Dioxin Prevention and Medical

Waste Incinerators

Public Health Rep. 1996 Jul; 111(4): 298-313

Higgins, P. , Orris, P. The Mystery of Plum Grove

, IL Morb and Mort Rev. 1994: 1(2):15-7.

Demers, M., Orris, P. Occupational Aspects of Asthma Mortality in Chicago

(Letter) JAMA. 1994 Nov;

272(20): 1575

Targonsky, P, Persky, V., Orris, P., Addington, W. Trends in Asthma Mortality Among Blacks and Whites

in Chicago, 1968-1991.

, Am J Pubic Health. 1994 Nov; 84(11): 1830-3.

Demers, R.Y., Kemble, S., Orris, M. and Orris, P. Family Practice in Cuba: Evolution into the 1990's

Fam Pract. 1993 Jun; 10(2):164-68.

Strauss, P, Orris, P, Buckley, L. A Health Survey of Toll Booth Workers

Am J Ind Med. 1992; 22(3): 379-84

Orris, P., Kahn, G., Melius, J. Mortality Study of Chicago Firefighters

(Abstract), Revue D'Epidemiologie Et De

Sante Publique. 1992; 40 (Supp. 1):S90-1, also in Archives Des Maladies

Professionnelles, 1992; 53: 561-2.

Marder, D., Targonsky, P., Orris, P., Persky, V., Addington, W. Effect of Race and Socioeconomic Status

on Asthma Mortality in Chicago

, 1992 Jun; Chest, 101 (6 suppl): 426S-429S.

Ugolini, C. Watkins, J. Hessl, SM. Coe, J. Grammar, L. and Orris, P. Chronic Hypersensitivity

Pneumonitis Caused by Diphenylmethane Diisocyanate Followed by Acute

Hypersensitivity Pneumonitis After Exposure To A Toluene Diisocyanate Alkyd Paint

(Abstract) Am Rev Respir Dis; 145(4 Part 2) 1992 A492

Rubin, R. Orris, P., Lau, S., Hryhorczuk, D. Furner, S. and Letz, R. Neurobehavioral Effects Of The On-Call

Experience In House staff Physicians, J Occup Med. 1991 Jan; 33(1): 13- 18

Himmelstein, D.U. et. al. A National Health Program for the United States: A Physician's Proposal

, NEJM, 1989

Jan; 320(2): 102-108.

Kahn, G., Orris, P., Weeks, J. Acute Overexposure To Diesel Exhaust: Report of 13 Cases

, Am J Ind

Orris, P., Interview with Antonio Granda Ibarra, M.D.

, Jour of Occupational Med, 29:3, P. 234-6,

March, 1987.

Orris, P., Kominsky, J.R., Hryhorczuk, D., Melius, J. Exposure to Polychlorinated Biphenyls From An

Overheated Transformer

, Chemosphere. 1986; 15(9-12): 1305-12

Hryhorczuk, D., Orris, P., Kominsky, J.R., Melius J., Burton, W, Hinkamp, D. PCB, PCDF, and TCDD

Exposure Following a Transformer Fire: Chicago

, Chemosphere. 1986; 15 (9-12): 1297-1303

Rosenstock, L., Orris, P. Research Colloquium On Occupational Respiratory Diseases: A Conference

in Cuba(1984)

, Arch of Environ Health. 1986 Jul; 41(4): 266-268

Orris, P., et. al. Chloracne In Firefighters

, (Letter), Lancet. 1986 Jan; 1(8474): 210-211

Hryhorczuk, D.O., Rabinowitz, M.B., Hessl, S., Hoffman, D., Hogan, M., Mallin, K., Finch, H., Orris, P., and

Berman, E. Elimination Kinetics of Blood Lead in Workers With Chronic Lead

Intoxication

, Am J Ind Med. 1985; 8(1): 33-42

Hryhorczuk, D.O., Hogan, M.M., Mallin, K., Hessl, S.M., and Orris, P. The Fall of Zinc Protoporphyrin

in Workers Treated For Chronic Lead Intoxication

, J Occup Med. 1985 Nov; 27(11): 816-820

Layon, J. Idris, A. Warzynski, M. Sherer, R. Brauner, D. Patch, O. McCulley, D. and Orris, P. Impaired

Immunologic Function In Hospitalized Intravenous Drug Abusers

, Arch Intern Med. 1984

Jul; 144 (7): 1376-1380.

Electronic Filing - Received, Clerk's Office, June 25, 2008

Kahn, H.S., Orris, P., The Emerging Role of Salaried Physicians: An Organizational Proposal J Public

Health Policy. 1982 Sep; 3(3): 284-292

Orris, P. Kennedy, M.J. Guerriero, J. Hessl, S.M. Hryhorczuk, D.O. and Hoffman, D. Activities Of An

Employer Independent Occupational Med Clinic

Am J Public Health. 1982 Oct; 72(10) 1165-7

Orris, P. Sociology of Health and Medical Care: Citizen Involvement in Cuba: 1959-1980

Sociology of

Medicine Series, No. 81, Red Feather Institute for Advanced Studies in Sociology,

Livermore, Colorado, December, 1980, Revised September, 1981,

John, E.R., Kimmelman, D.R, Haas, J., Orris, P.. The Cuban Health System

Social Policy. 1971 Jan; 41-46,

Other Refereed Material:

Halpin, J., Buchanan, S., Orris P., Hotel Housekeeper Injuries: Analysis In The Face Of Incomplete Data,

(Abstract)

International Commission on Occupational Health, Milan, Italy June 2006

Orris, P. Dioxins and Health by Schechter and Gasiewicz, (book review), Journal of Occupational &

Environmental Medicine, JOEM, 47:4, April 2005, P. 436

Orris, P. Fifty Years of Hope and Concern for the Future Of Occupational Medicine (letter), JOEM, 46:6, June

2004, P. 515

Meeks, P., Orris, P. Petrochemical Production And Community Health

(Abstract) Proceedings, Eighth World

Congress on Environmental Health, Durban, South Africa, February 24, 2004

Orris, P. Forst, L. Obstacles And Opportunities Presented By Globalization For Occupational And Environmental

Health (Abstract) Proceedings, Eighth World Congress on Environmental Health, Durban, South

Africa, February 23, 2004

INTERNATIONAL

Obafemi, A. Orris, P. Lead Toxicokinetics and Treatment

, Proceedings International Seminar on

Environmental and Occupational Lead Intoxication, Havana, Cuba, May, 1999, (in Press)

Frumkin, H., Orris, P., Evidence of Excess Cancer Mortality in a Cohort of Workers Exposed to

Polychlorinated Biphenyls

(Letter), JOEM, 1999 Sept; 41(9), 741-2

Brodkin, CA. Frumkin, H. Kirkland, KH. Orris, P. Schenk, M. Mohr, S. Choosing a Professional Code for

Ethical Conduct in Occupational and Environmental Medicine

(Editorial), JOEM, 1998 Oct;

40(10), 840-2

Connett, P. et. al. Deep Concern about ICEM-CCC Sustainability Agreement

(Letter), New Solutions, 1997;

7(3), 10-12

Orris, P. Asbestos

(Letter), Scientific American, Sept. 1997,

Orris, P., Book Review: Healing the Masses: Cuban Health Politics at Home and Abroad

, Jr of Pub Hlth Pol,

1996; 17(2), 244-6

Orris, P. Controversy Over Chlorine: A Proposal by Peter Orris,

New Solutions,1993; 4(1), 3-4

Orris, P., Book Review: Advances in Occupational Medicine

, Jr of Pub Hlth Pol, 1985; 6(4), 563-564,

Orris, P., Unjustified Conclusion?(Letter)

Jour of Occup Med, 1981 Jan; 23(1), 7

Orris, P., The Role of the Consumer in the Cuban National Health System

Master's Thesis,

Yale University School of Public Health, February, 1970

Books, Book Chapters, and Monographs

Derr, J. Orris, P. Persistent Organic Pollutants

(Chap. 45) in Textbook of Clinical Occupational and Environmental

Medicine (Rosenstock, Cullen, Brodkin, Redlich editors), Elsevier Saunders, 2005, P. 1061-73

Orris, P. (Medical Consultant) Complete Medical Encyclopedia

, Leikin, JB., Lipsky, MS., Editors,

American Medical Association, Random House, New York, 2003

Forst, L, Orris, P. (Ed) Ethics in the Workplace,

State of the Art Reviews in Occupational Medicine, Oct –Dec,

2002, 17:4

Electronic Filing - Received, Clerk's Office, June 25, 2008

Mulloy, K, Orris, P., August, J. (Ed) Health and Safety of Municpal Employees, State of the Art Reviews in

Occupational Medicine, Jan, 2001, 16:1,

Orris, P., Katz-Chary, L., Perry, K, Asbury, J Pesistent Organic Pollutants and Human Health,

World Federation of

Public Health Associations, May, 2000, Washington, DC

Ross, M., Orris, P., Chlorine and Organochlorine Compounds

, in Secrets of Occupational Medicine, Hanley Belfus,

Philadelphia, 1999, P. 43-52

Orris, P. (Ed) Occupational Health in the United States

, Encyclopedia of Occupational

Safety and Health, 4

Edition, International Labor Organization, Geneva, 1998; 16.32-44

Orris, P. Morris, SL. Occupational Health in the United States:Introduction

, Encyclopedia of Occupational

Safety and Health, 4

Edition, International Labor Organization, Geneva, 1998; 16.32

Orris,P., Melius, J., Duffy, R. (Eds) Firefighters’ Safety and Health

, State of the Art Reviews in

Occupational Medicine, Hanley & Belfus, Philadelphia, 10:4, Oct- Dec, 1995

Kranz, A. Orris, P., and Hessl, S.: Occupational Medicine in Preventive Medicine and Public

Health

John Wiley and Sons, New York, 1992

Orris, P., Newkirk, W.L. Employee Screening and OSHA Compliance Services

, and Ethical Issues in

Occupational Health Services: A Guide to Program Planning and Management

, American

Hospital Publishing, Chicago, IL. 1989

Orris, P. Cuban Health Care: A Case Study in Consumer Control.

in Modern and Traditional Health Care

in Developing Societies, University Press of America, Lanham, Mass. 1988

Orris, P., Hessl, S., and Hryhorczuk, D.: Occupational Medicine

a chapter in Preventive Medicine and

Public Health

, John Wiley and Sons, New York, 1987

Governmental Reports:

Orris, P. Technical Medical Review of Commercial Truck and Bus safety Synthesis Program - Synthesis 15,

sponsored by Federal Motor Carrier Safety Administration, “Health and Wellness Programs for

Commercial Drivers” Krueger, G.P. et al., Transportation Research Board, National Academies,

Washington, D.C. 2007

Orris, P., Buchanan, S. Smiley, A., Davis, D., Dinges, D., Bergoffen, G. Literature Review on Health and Fatigue

Issues Associated with Commercial Motor Vehicle Driver Hours of Work,

Synthesis 9, Commercial

Truck And Bus Safety Synthesis Program, Transportation Research Board, National Academy of

Sciences – National Research Council, for the Federal Motor Carrier Safety Administration, May 05

Health Professionals Task Force (Orris, P. Co-Chair), Great Lakes Fish Consumption Advisories: The Public

Health Benefits and Risks

, International Joint Commission (US – Canadian treaty organization) Jan

2004

Goss, T.I., Turnbull, A., Nair, R., Smith, L., Orris, P., Da Ros, A., Cragg, S. Marchand, D. (Goss Gilroy Inc.)

Health Study of Canadian Forces Personnel

, prepared for the Gulf War Illness Advisory Committee,

Department of National Defense, Federal Government of Canada, May, 1998

Illinois Health Hazard Evaluation Reports published by the Illinois Health Hazard Evaluation Program, a joint

Project of the University of Illinois School of Public Health and the Illinois Department of Public Health

Springs-Phillips, S. Pye, H. Orris, P. Outbreak Investigation: International Interior Design Association

IHHE 98H-001, 1998 July; 1-11

Orris, P. Hartman, D. Strauss, P, Collins, J. Knopp, C. Xu, Y. Anderson, R. Initial Findings and

Electronic Filing - Received, Clerk's Office, June 25, 2008

Recommendations Concerning the Psychological Effects of the Working Conditions of

Package Truck Drivers at the United Parcel Service, IHHE Report 93-004, June, 1993

Hryhorczuck, D. Suero, M. Conroy, L. Orris, P. Toxicity Review of the Hobbico Lustrekote Paint Line

HHE Report 95-005, August, 1995

NIOSH Health Hazard Evaluation Reports published by the Hazard Evaluation and Technical Assistance Branch,

National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services, Cincinnati,

Ohio

Daniels, W. Orris, P. Kramkowski, R. Almaguer, D. Health Hazard Report 86-121-1923, Evaluation of

Health effects of Electroplating

, September 1988.

Almaguer, D. Orris, P. Health Hazard Report 84-284-1701, Coal Tar Pitch Volatile Exposure at a Steel

Mill

, May, 1987.

Zey, J.N., Orris, P., Almaguer, D. Health Hazard Report 84-528-1764, Hazards of Trocal Roofing

Installation

, June, 1986.

Orris, P., Kominsky, J. Health Hazard Report 84-006-1639, Evaluation of A Potential Health Hazard Due

To A Fire In APolychlorinated Biphenyl Containing Transformer

, Dec, 1985.

Daniels, W., Arnold, S., Orris, P. Health Hazard Report 84-102-1653, Health Effects of Metal

Grinding

, January, 1986.

Kramkowski, R. , Orris, P. Health Hazard Report 85-152-1684, Potential Health Hazards in A Printing Plant

, April,

1986.

Almaguer, D. Orris, P. Health Hazard Report 82-309-1630, Coal Tar Pitch Volatiles at a Coke Oven Battery

, Oct.

1985,

Daniels, W., Orris, P. Health Hazard Report 84-075-1634, Evaluation of Suspected Health Effects of Synthetic

Coolants and additives Used In Metal Machining Operations, November, 1985

Daniels, W., Orris, P. , Arnold, S. Health Hazard Report 83-325-1564, Evaluation of Asbestos Exposure and

Monitoring program in A Drop Forge, February, 1985.

Daniels, W., Orris, P. Health Hazard Report 84-046-1584, Health Effects of Ethylene Oxide and

Trace anesthetic Gases In The Operating Rooms of A Public Hosp

, April, 1985.

Daniels, W. Orris, P. Kramkowski, R. Health Hazard Report 83-127-1434, Evaluation of Health Effects

of Quality Control laboratory Work in A Barley Malting Plant

, March 1984.

Orris, P., Kominsky, J. Health Hazard Report 82-310-1475, Exposure to Polychlorinated

Biphenyls At a Transformer Overheat

, June 1984.

Almaguer, D., Orris, P., Health Hazard Report 83-296-1491, Symptoms Amongst Assembly Line

Employees In An Electrical Control Plant,

July 1984.

Orris, P., Health Hazard Report 81-157-1516, Evaluation of a Suspected Leukemia Cluster at a Steel Mill

October, 1984.

Orris, P. Daniels, W. Health Hazard Report 80-112-1261, Effects of Iron Oxide Exposure in A Steel Tubing

Mill

, Feb.1983

Orris, P. Cone, J, Dozier, E., McQuilkin, S. Health Hazard Report 80-096-1359, Health Effects of Vanadium

Pentoxide In thermal Battery Manufacture, Aug. 1983.

Orris, P. Health Hazard Report 82-239-1355, A Suspected Cancer Excess in an Electrical Coil

Manufacturing Dept

, Aug. 1983.

Daniels, W. Orris, P., Health Hazard Report 81-465-1323, Hazards of Fertilizer Manufacture

. , 1981

Almaguer, D., Orris, P. Health Hazard Report 81-450-1378, Toxic Exposures of a Continuous Casting

Blast Furnace

, Oct. 1983

Daniels, W., Orris, P., Pryor, P. Health Hazard Report 81-064-1035, Polychlorinated Biphenyl Exposure to

Electronic Filing - Received, Clerk's Office, June 25, 2008

Electrical Workers in a Steel Mill, January 1982

Orris, P. Health Hazard Report 80-235-1056, Cancer Mortality of Electrical Workers in a Steel Rolling

Mill

, March 1982,

Almaguer, D., Orris, P. Health Hazard Report 81-128-1107, Low Dose TDI Exposure in a Foam Seat

Manufacturing Process

, May 1982,

Almaguer, D. Orris, P. Health Hazard Report 82-054-1194, Low Dose Solvent Exposure In A Small

Engine Manufacturing Plant

, Sept. 1982

Daniels, W. Orris, P. Fagan, K. Health Hazard Report 81-299-1201, 992 Health Hazards of Diatomacious

Earth and Phosphoric Acid at a Manufacturing Plant in Chicago, November, 1981

Orris, P., Almaguer, D., Health Hazard 81-185-1007 Health Effects of a Spray Paint and Shot Blast Process,

November, 1981,

Orris, P., Daniels, W., Health Hazard Report 80-201-816 Effects of 1,1,1, Trichloroethane on Spray Can

Assembly Employees, Feb. 1980,

Non-Refereed Materials:

Orris, P Lecture, Privacy and Confidentiality

, at Ethics of Human Research Conference,

http://www.uic.edu/sph/glakes/global/conferences/sofia2003/irb/Orris_Privacy.pdf

, Sofia,

Bulgaria June 3, 2003

Paranzino, G., Orris, P., Kirkland, K. Evaluation of the Clinical Activities of the Del Amo/Montrose Clinic

Contract report for the Agency for Toxic Substances and Disease Registry July, 1996

Kuntz, D., The Politics of Suffering: The Impact of The US Embargo On The Health Of The Cuban

People

, (participant in a fact finding delegation) APHA, Washington, DC, Oct. 1993.

reprinted in The International Journal of Health Services, 24:1, 1994, P. 161-179

and in the Journal of Public Health Policy, 15:1, 1994, P. 86-108

Orris, P., Higgins, P. Environmental Health Evaluation of the Plum Grove Junior High School,

Northwest

Community Hospital, Arlington Heights, IL, August, 1994

Orris, P. Hinkamp, D. Program Planners Manual,

Occupational Health Section, APHA, April, 1986

Orris, P. Baron, S. Occupational Medicine: A Role for the Primary Care Physician,

Hospital Practice,

Vol.18, No. 3, 195-202, March, 1983.

Orris, P. (Ed.) The Salaried Physician, A Physician's Forum Monograph,

Academy Prof Info Servics, Inc,

New York, 1982

Orris, P. Guide to the Structure and Functioning of the American Public Health Association

Soc.Caucus, American Public Health Association, 1979.

Invited/Accepted Presentations:

Orris, P. Chemical Pollution and Health Impacts

, Medical Waste & POPs Production, Mercury, Lead & Cadmium:

Threat to Human Health

, 2007 China NGO’s Skillshare on Chemical Safety. Oct. 16-19, 2007,

Beijing, China

Orris, P. Mercury Toxicity and Health Care Use

, World Medical Association, General Assembly, Copenhagen,

Denmark, October 4, 2007

Orris, P. Occupational Medicine Residency Training in the US: UIC/CCH Experience, 3

Postgraduate Conference

On Occupational Health, Cartagena, Colombia, May 27-8, 2007

Orris, P Neurotoxicity and Safer Substitution of Mercury in Health Care

, II Congreso Salud Del Trabajo,

Havana, Cuba, March, 2007

Halpin, J., Buchanan, S., Orris P., Hotel Housekeeper Injuries: Analysis of OSHA mandated Injury Log Data

II Congreso Salud Del Trabajo, Havana, Cuba, March, 2007

Electronic Filing - Received, Clerk's Office, June 25, 2008

Orris, Peter Asbestos, Health, Environment and Justice: Cancer and the Environment, and the International

Legislative Protection of Ecosystems, An International Web Conference of the International

Academy of Environmental Sciences, Venice, Italy, November 23, 2006

Orris, Peter, DDT-Malaira: When a Debate is not a Debate,

World Congress on Public Health/8

Brazillian

Congress on Collective Health, August 23. 2006, Rio de Janeiro, Brazil

Eric Frumin, MA, Joan Moriarty, MS, Pamela Vossenas, MPH, John Halpin, MD, MPH, Peter Orris, MD, MPH,

Niklas Krause, MD, PhD, MPH Laura Punnett, Sc.D., Workload-Related Musculoskeletal Disorders

among Hotel Housekeepers: Employer Records Reveal a Growing National Problem, Presented to

the NIOSH national NORA symposium, April, 2006

Habib, F. Orris, P. Municpal Waste Incineration: Epidemiologic Evaluation of Hazards Utilizing Existing

Health Data Bases

, 12th International Symposium of the Scientific Committee on

Epidemiology, International Commission on Occupational Health, Zimbabwe, Sept. 17, 1997

Orris, P. Occupational Health and Managed Care, Amer Pub Hlth Assoc, Oct. 30, 1995, San Diego, CA

Orris, P. Hartman, D. Strauss, P, Collins, J. Knopp, C. Xu, Y. Anderson, R. Psychological Effects of the

Working Conditions of Package Truck Drivers,

New Epidemics in Occupational Medicine

Conf, WHO, Helsinki, Finland, May, 1994

P., Orris, P. Providing Occupational Health Services to Small Industry: A Community Hospital

Model,

XXIV Internat'l Congress On Occup Health, Sept. 1993, Nice, France.

Ugolini, C. Watkins Higgins,, J. Hessl, SM. Coe, J. Grammar, L. and Orris, P. Chronic Hypersensitivity

Pneumonitis Caused by Diphenylmethane Diisocyanate Followed by Acute

Hypersensitivity Pneumonitis After Exposure To A Toluene Diisocyanate Alkyd Paint,

American Thoracic Society Meeting, May 18, 1992, Miami, Florida.

Orris, P., Kahn, G., Melius, J., Rinsky, R. Mortality Study of Chicago Fire Fighters,

Eighth Internat'l

Symposium on Epidemiology in Occupational Health, Paris, Sept. 10, 1991

Owi, E. , Orris, P. An Initial Look at a Group of Patients with Reversible Bronchospasm,

a poster at the

XXIII Internat'l Cong On Occupational Health, Sept. 1990, Montreal, Canada.

Baron, S., Hyrhorczuk, D. Orris, P., Hessl, S., Siegesmund, K., Funahashi, A., Fitzpatrick, J.

Energy-Dispersive X-ray Anal. of Transbronchial Biopsy Specimens In The Diagnosis of

Silicosis

at the XXII Interntl Cong On Occupational Health, Sept. 1987, Sydney, Australia.

Orris, P., Hryhorczuk, D., Kominsky, J.R., Melius, J. Exposure to Polychlorinated Biphenyls From An

Overheated Transformer

, 5th Int'l Symp on Chlorinated Dioxins and Related Compounds,

Sept. 17, 1985, Bayreuth, Germany.

Hryhorczuk, D., Orris, P., Burton, W., Melius, J., Kominsky, J.R., Exposure to Polychlorinated

Dibenzofurans From A PCB Transformer Fire,

at the 5th Int'l Symp on Chlorinated Dioxins

Orris, P., Matticks, R. X-ray and Pulmonary Function Alterations in Patients with Simple Silicosis: A

Case Series,

presented at the 2

International Research Colloquium on Occupational

Health: Pulmonary Disease, March 20, 1984

Orris, P., Kominsky, J. Firefighter Exposure to Polychlorinated Biphenyls At A Transformer Overheat,

American Public Health Association Convention, Anaheim, California, November 14, 1984

Saxena, K., Johnson, P., Hryhorczuk, D., and Orris, P. Initial Medical Management of a Mini-Disaster

with a Transformer Fire Emitting PCBs

3rd World Congress on Emergency and Disaster

Medicine, Rome, Italy, May 25, 1983

Orris, P. Hryhorczuk, D. Diagnosis of TCDD Intoxication,

APHA, Occupational Health Section Midwest

Regional Meeting, June, 2, 1983

Orris, P. Socioeconomic Determinants of Adult Disease,

National Medical Association Conv, August 1, 1983

Electronic Filing - Received, Clerk's Office, June 25, 2008

Hogan, M.M., Smith, R.F., Orris, P., The Integration of Occupational Medical Services Within The Internal

Medicine Department of A Tertiary Care Public Hospital,

American Public Health

Association Convention, Dallas, Texas, November 14, 1983

Orris, P. The Cook County Hospital Occupational Medicine Clinic

NIOSH Conference on Occupational

Health and Safety of Minority Workers, July 8, 1981

Orris, P., Kahn, H.S., Sayres, B.B., Physician's Forum Task Force Report: The Salaried Physician

American Pub. Health Assoc. Convention, November 3, 1981

Orris, P., Kennedy, M.J. Guerriero, J. Hessl, S.M. Hryhorczuk, D.O. and Hoffman, D. Activities of An

Employer Independent Occupational Medicine Clinic

APHA Conv, Nov. 4, 1981

Orris, P. Occupational Medicine in a Public General Hospital

APHA Convention, October, 1979

Kientz, R., Orris, P. The Economic Feasibility of a National Health Service

American Public Health

Assoc Conv, October, 1976

Orris, P., Sheaf, L., Boyd, D., Freeland, J., & Zydlow, S. Mobile Intensive Care Units, Costs,and

Effectiveness: An Assessment of Two Pilot Projects in Illinois

APHA Conv, Oct, 1975

Orris, P., Carlson, C., & Conibear, S. Occupational Health Education of Industrial Workers: A

New Approach

American Public Health Association Annual Convention, October, 1975

TEACHING:

Medical School Courses

2007-

Co-Direct, Ethical Issues in Clinical Research, Northwestern U.

Feinberg School of Medicine,

1998-

Co-Direct, Environmental & Occupational Health ,

one quarter course

for MD & MPH Students, Northwestern U. School of Medicine

2002-3

International Comparison of Health Care Systems

, on one quarter

elective seminar, Northwestern U. School of Medicine

1996,7

Occupational Medical Practice Seminar

, Rush Medical College

1981-94

Occupational Health Practice

, one quarter elective seminar,

Northwestern University Medical School

1980-93

International Comparison of Health Care Systems

, one quarter

elective seminar, Northwestern U. Medical School

1979,80, 91

Cuban Health Care System Research Seminar

, ten day field study

course, Amer Medical Student Assoc.

1978

International Health Care Systems

, U of Illinois School of Medicine

1977

The Epidemiology of Cardiovascular Disease

, UIC Sch. of Medicine.

Industrial Hygienists, Nurses, & Physicians

2004

Environmental Health and Nursing, CEI Course 1006.0, APHA

132 Annual Meeting, Washington, DC. November 6, 2004

2003

Lecture, Ethics of Occupational Medical Practice, Institute of Occupational

Medicine, Ukranian Academy of Sciences, Kiev, Dec. 9, 2003

2003

Lecture, Privacy and Confidentiality

, at Ethics of Human Reseach

Conference, Sofia, Bulgaria June 3, 2003

2003

Lectures, Toxicity of Medical Waste

, for Kerala State Pollution Control

Board, Thiruvananthapuram, India, February 21 &22, 2003 to:

State Level Meeting for Heads of Offices & Staff of Head Office

Electronic Filing - Received, Clerk's Office, June 25, 2008

Senior Doctors and Officers under DME and DHS

2003

Lecture, Medical Waste Management

, Sree Chitra Trunal Institute for

Medical Sciences and Technology, Thiruvananthapuram, India, February

21, 2003

2002

Lecture, Hospitals and the Environment: Global Trends,

Plenary, Philippine

Hospital Association, Manila, November 28, 2002

2002

Lecture, Toxicity of Medical Waste

, National Seminar, Philippine

Department of Health, Manila, Nov. 28, 2002

2002

Lecture, Toxicity of Medical Waste and Non Incineration Alternatives For

Disposal, Private Hospitals Association of the Philippines, Manila,

November 27, 2002

2002

Lectures, Toxicity of Polychorinated Biphenyls, Dioxins, and Related

Compounds, Grand Rounds, New Liskeard and Kirkland Lake Medical

and Nursing Staffs, Ontario Canada,

2002

Lecture, Seminario El Hospital Ambientalmente Saludable

, Direcccion

General De Salude Ambiental, Federal Government, Mexico City, DF

2001

Delegates Technical Briefing, Toxicity of Medical Waste, World Health

Assembly, Geneva Switzerland,

2001

Lecture, Medical Waste and Human Health, 2

Biennial National

Conference on Health Issues in the Arab American Community, May,

2001, Dearborn Michigan

2000

Lecture, Medical Waste: Dioxins and Health Effects,

International

Congress, World Federation of Pubic

Health Associations, Beijing

China, Sept. 4, 2000

2000

Lecture, Medical Waste Toxicity, Dept. of Anesthesiology, Peking

University Medical College, Beijing China

2000

Lecture, Medical Waste Toxicity, Universidad De Ciencias Empresariales Y

Sociales, Buenos Aires, Argentina

2000

Co-Direct and Lectures on Medical Research Ethics, Collaborative Seminar

with the Institute for Occupational Hygiene, Russian Academy of Sciences,

Moscow

2000

Co-Direct and Lectures on Medical Waste Toxicity, Seminar on Medical

Waste, sponsored by the Institute of Occupational Health, Ministry of Public

Health, Havana, Cuba as part of the Carribean Medical Society Meeting

2000-

Lectures, Research Ethics, Cook Cnty Bureau of Health Services

1999

Lecture on Medical Waste to the Delegates of the Third Intergovernmental

Negotiations for a Treaty to Eliminate or Reduce Persistant Organic

Pollutants. Geneva, Switzerland.

1999

Lectures, Toxicity of Medical Waste, University of Nairobi, University of

Toronto

1998

Director, Occupational Disease Course, UIC School of Public Health

1997

Toxicity of Persistent Pollutants, World Federation of Public Health

Associations Triennial Conference, Arusha, Tanzania

1995-7

Annual lecture, Health Administration Program of Rush Medical

School

1993-

Annual lectures in Occupational Epidemiology Course, UIC Sch. of

Electronic Filing - Received, Clerk's Office, June 25, 2008

Pub. Health

1990-99

Co Director Occupational Health Weekly Seminar, University of Illinois

1990-

Regular lectures on Occ Health, Env Toxins, Global Warming, and

Epidemiology in several courses, UIC Sch. of Pub. Health

Residents

1980-

Occasional Grand Rounds or formal departmental lectures at Cook

County Hospital, Rush Medical College, Northwestern University

Medical School, University of Chicago, Loyola University, Michael

Reese Hospital, Mt. Sinai Hospital, University of Illinois, St. Louis

University Medical School, SUNY Binghamton and Stony Brook,

Mayo Clinic Medical School, Medical College of Wisconsin, University

of Wisconsin, University of Tennessee, Illinois Masonic Hospital,

Baystate Medical Center/University of Massachusetts. Wayne State

University etc.

1979-2007

Several months a year general medicine ward attending, Cook

County Hospital

1979-

Regular weekly rotation supervising the Occupational Medicine

consultation service, Cook County Hospital

1979-

Weekly lectures on occupational and internal medicine topics, Cook

County Hospital

Continuing Medical Education

2005

Central States AOMA, Medical Waste Incineration: Point Counter Point

2004

Rush University, Department of Medicine Grand Rounds, “Malaria Control

and DDT Toxicity: A Public Health Delima” Mar. 26, 2004

2004

Midwest Clinical Conference, “Fish Consumption: Advise for the General

Internist”, Mar. 25, 2004

2004

Grand Rounds, Evanston Northwestern Hospital, “Mercury Implications for

Office Practice”, Mar 5, 2004

2004

Mercury, Low Dose Effects, Medical Directors Club of Chicago,

Mar 4, 2004

2003

Lecture, Ethics of Occupational Medical Practice: International Codes

Institute for Occupational Medicine, Ukrainian Academy of

Sciences, Kiev, December 9,

2003

Research Ethics of Special Populations at Ethical Issues in Health

Research Workshop, June 3-6, Sofia, Bulgaria

2000

Lecture, Persistent Organic Pollutants, Orlando County Medical Society

and Florida Physicians for Social Repsonsibility, Orlando, Fl

2000

The Physician’s Role Under The Americans With Disabilities Act, Midwest

Clinical Conference of the Chicago Medical Society

1999-

Monthly Departmental Lectures on Research Ethics at Cook County

Hospital and the Cook County Bureau of Health Services

1999-

Lecture Series on Occupational and Environmental Health, Roseland

Community Hospital

1998

Lecture Series on Occupational Medicine, Holy Cross Hospital

Electronic Filing - Received, Clerk's Office, June 25, 2008

1998

Clinical Management of Toxic Exposures, Michigan State University

Kalamazoo Center for Medical Studies, Oct. 15. Three seminars for

healthcare providers and public health officials.

1995,6

Rendering a Medical Opinion in a Legal Case

, One day seminar at

The American College Of Occupational and Environmental Medicine

1994

Clinical Aspects of Environmental Exposures, Bloomington Hospital,

Bloomington, IN, ATSDR, US Public Health Service

1990-2

The Physician and the Law

, UIC School of Public Health

1991-2

Occupational Medicine for the Primary Care Physician

, UIC Sch of

Public Health

1992

Epidemiology for Non-Epidemiologists

, Applied Statistics Training

Institute, National Center For Health Statistics, CDC, USPHS

1992

Worksite Evaluation & Pre-Placement Screening Schwab Rehab Inst

1983-

Meet the Professor Sessions (nearly annually),

to review the Self

Assessment Examination at The American College Of Occupational

and Environmental Medicine

Testimony and Briefings For Government Or Elected Officials:

2005

Medical Waste Toxicity: Status of Knowledge of Dioxins and Mercury

United Nations Development Program/Global Environmental Facility

Health Care Waste Project, PDFB Inception Meeting, Dakar, Senegal

2003

Briefing, US Congress, Chemical Security

2000

Briefing, US Congress, Great Lakes Congressional Staff, POPS and the

Great Lakes- Issues for the POPS Negotiations

1998

Testimony, Illinois Legislature, Labor Committee, Physician Unionization

1999

Briefing, US Department of the Interior, Update on POPS and Human

Health

1999

Briefing, US State Department Staff, Scientific Issues of the POPS

Negotiations

PAST EMPLOYMENT AND POSITIONS

1995-07

Rush-Cook County Affiliation Research Committee

(Chair, 1996)

1979-2007

Senior Attending Physician, Div. of Occupational Medicine, Cook

County Hospital (Stroger Hospital)

2005-6

International Ad Hoc Reviewer, 11

World Congress on Public Health/8

Brazillian Congress on Collective Health, Rio de Janeiro, Brazil

2003

President, Wood Street Branch, Chicago Medical Society, AMA

2001-5

President, Medical Staff, Cook County Hospital

2002- 4

Member, International Planning Committee, 10th WFPHA

International Congress April 19 - 22, 2004, Brighton, England

2004

Consultant, National Academy of Science’s Board on Global Health,

Malaria Control: A Reconsideration of the Role of DDT, Washington,

DC, July 21-22, 2004

2003

Advisor, World Health Organization at the Workshop in

Preparation of a GEF-Funded Global Medical Waste Project, New

Electronic Filing - Received, Clerk's Office, June 25, 2008

Delhi, India, February 17-19, 2003

1999-01

Scientific Program Committee, Global Conference on Childrens

Environmental Health, HHS/EPA/Health Canada/Env. Canada

1998-02

Cleaner Technologies Substitutes Assessment: Professional

Fabricare

Processes Technical Peer Review Panel, USEPA (EPA 744-B-98-001)

1992-00

Director, Health Hazard Evaluation Program,

University of Illinois Sch. of Public Hlth & Illinois Dept. of Public Hlth

1990-9

Director, Research & Interdisciplinary Projects,

Great Lakes Center for Occupational and Environmental Health and

Safety, University of Illinois School of Public Health,

1993-9

Medical Director, Corporate Health Services, Northwest Community

Healthcare

1990-9

Internal Medicine, U. of I. Hosp & Medical Center (attending)

1993-6

Associate Professor of Medicine, University of Illinois at Chicago

School of Medicine

1983-97

Internal Medicine, Mercy Hosp & Medical Center (consultant)

1984-93

Medical Director, Managed Care Occupational Health Program,

Chicago, Illinois

1980-86

Medical Officer, Region V, Nat'l Institute For Occupational

Safety & Health, U.S.PHS, Chicago, Illinois

1980-88

Attending Physician, Division of General Medicine, Cook Cty Hospital

1979-80

Medical Director, Southeast Health Plan, Chicago, Illinois

1979-80

Attending Physician, Div. of Emergency Medicine, Cook Cty Hospital

1972-75

Research Assist, Div. of Emergency Medical Svcs, IL Dept. of Health

1971-72

Nurse Technician, Trauma Unit, Cook County Hospital, Chicago, IL

1970

Administrative Intern, Hill Health Center, New Haven, Connecticut

1967-68

Research Assist to Dr. J. Hobson, Harvard Med School, Boston, MA

1966-67

Research Assist to Dr. David T. Denhardt, Harvard U, Cambridge, MA

PAST APPOINTED OR ELECTED POSITIONS

2001-6

Member, Technical Committee on Epidemiology and Air Quality

Monitoring (TCEAQM), Department of Health, Republic of South

Africa

2004-6

Member, State of Illinois Panel on Health of Hispanic Workers

1992-2005

Global Health Task Force Occupational Health Advisory Com.

American Medical Student Association

2002-7

Chair, Public Health Committee, Chicago Medical Society

2004-6

Board Member, Physicians for Responsible Negotiations, SEIU

1997-03

Member, Government Affairs Committee, IL State Medical Society

1993-01

Internal Medicine, Northwest Community Hospital (consultant)

2000-1

President, Wood Street Branch, Chicago Medical Society

1999-01

Secretary, Medical Staff, Cook County Hospital

1998-9

Vice President, Medical Staff, Cook County Hospital

1998-0

Scientific Committee, World Federation of Public Health Assiciations’

International Congress, Beijing, China

1997-8

Chair, Ad Hoc Committee on Physician Unionization, Chicago Medical Soc

Electronic Filing - Received, Clerk's Office, June 25, 2008

1995-8

Clinical Advisory Committee, Del Amo Occupational Health Clinic,

University of California, Irvine

1996-7

President, Wood Street Branch, Chicago Medical Society

1987-97

Executive Medical Staff, Cook County Hospital

1992-6

Executive Board, Assoc. of Occupational and Environmental Clinics

(President 1994-5 )

1983-1996

Self Assessment Committee, American College of Occupational and

Environmental Medicine

1996

Consultant, United States Peace Corps

1993-5

Task Force on Environmental Health, University of Toronto &

1995

Advisor, Office of Global & Integrated Environmental Health, World

Health Organization, Geneva, Switzerland

1994

Advisor, Occupational Health Program, World Health Organization,

Moscow, Russian Republic

1994

Occupational Medical Advisor, Health and Safety Com., Local 974,

United Automobile Workers Union, AFL-CIO, Peoria, Illinois

1992-3

Consultant, US/Canada International Joint Commission on boundary

Waters and the Ecosystem of the Great Lakes

1992-3

Nominating Committee, Amer Public Health Association, (Chair-1993)

1991-2

Governing Council, American Public Health Association

1991-2

Ad Hoc Task Force on Expert Witness Testimony, Chicago Med. Soc.

1990-2

Alternate Councilor, Chicago Medical Society

1990-1

Consultant, SOYUZMEDINFORM, Ministry of Health, USSR

1989

Consultant, United Steelworkers of America, AFL-CIO, Local 1010,

1988-92

Atomic Radiation and Dioxin Poisoning Victims Advisory Council,

State of Illinois

1988-90

AIDS Proj Adv Bd, Service Employees International Union, AFL-CIO

1987-89

Nat'l Sanitation Foundation Drinking Water Additives Health

Effects Task Group

1987-9

Health Advisory Committee, National Safety Council, for the Am

Occupational Medical Assoc

1987-8

Consultant, United Association of Journeymen & Apprentices of the

Plumbing & Pipe Fitting Industry of the U S and Canada, AFL & CIO

1986-9

Executive Board, Nat'l Union of Hospital & Health Care

Employees/1199, AFL-CIO

1986-8

Governing Council, American Public Health Association

1986-7

Consultant, Local 75, United Assoc of Journeymen & Apprentices

of the Plumbing & Pipe Fitting Industry of US & Canada AFL/CIO

1985-7

Advisory Committee, Health Policy Agenda for the American People for the

APHA

1985-8

Advisory Committee, Hospital Occupational Safety and Health Program,

American Hospital Association

1984-5

Chairman, Program Committee, Occupational Health Section, APHA

1984-7

Research Committee, Dept. of Medicine, Cook County Hospital

1982-4

Action Board, American Public Health Association

1982-4

Joint Policy Committee, American Public Health Association,

Electronic Filing - Received, Clerk's Office, June 25, 2008

17

1979-82

Program Committee, Medical Care Section, APHA

1978-86

Occupational Health Committee, Cook County Hospital

1978-80

Resolutions Committee, Illinois Public Health Association

1977-80

Com. on Nat'l Health Proposals, Med Care Sect, APHA

1976-9

Chairman, National Health Insurance/Service Com, The Physicians

National House staff Association

1975-9

Executive Medical Staff, Cook County Hospital

1972-5

Chicago Area Committee on Occupational Safety and Health

Electronic Filing - Received, Clerk's Office, June 25, 2008

ANALYTICAL MICROBIOLOGY LABORATORY

ANNUAL LOG OF SAMPLES AND ANALYSES RESULTS - 2005

4972367 8/14/2006 22,000

4972377 8/14/2006 30,000

23,000

North Branch Chicago River

North Branch Chicago River

North Branch Chicago River

Wilson Ave.

4972350 8/14/2006 20,000

12,000

North Branch Chicago River

North Branch Chicago River

North Branch Chicago River

North Branch Chicago River

North Branch Chicago River

North Branch Chicago River

South Branch Chicago River

South Branch Chicago River

Madison St.

4883510 4/17/2006 43,000

28,000

South Branch Chicago River

South Branch Chicago River

South Branch Chicago River

South Branch Chicago River

South Branch Chicago River

South Branch Chicago River

Copy of Env Advocates Exh A Attachment 2 (CAWS Sampling Data Summary)

Page 1

Electronic Filing - Received, Clerk's Office, June 25, 2008

WQ-16J

Toby Frevert, Manager

Division of Water Pollution Control

Illinois Environmental Protection Agency

PO Box 19276

Springfield, Illinois 62794-9276

Dear Mr. Frevert:

Enclosed are the United States Environmental Protection Agency’s (U.S. EPA) comments on the

draft water quality standards for the Lower Des Plaines River and the Chicago Area Waterway

System, released by the Illinois Environmental Protection Agency (IL EPA) on January 26,

2007.

U.S. EPA recognizes that IL EPA does not intend the suggested rules to be considered draft or

proposed, but rather as a starting point for discussions by the Stakeholder Advisory Committee

(SAC) on what should and should not be included in the final proposed rules. With this in mind,

U.S. EPA’s comments are intended to highlight issues that should be considered and to provide

suggestions on how to address these issues. They are not meant as specific requirements that

must be incorporated into IL EPA’s final rules. U.S. EPA will review and provide comments, if

any, when the final draft and final proposed rules are provided to U.S. EPA.

U.S. EPA looks forward to continuing to work with IL EPA and the SAC to develop

comprehensive, approvable rules that will protect and improve the quality of the environment in

the Lower Des Plaines River and the Chicago Area Waterway System.

Please feel free to contact me at 312-886-6758, or my Deputy Chief, Allen Melcer at

312-886-1498 or via email at melcer.allen@epa.gov

if you would like to discuss this matter

Electronic Filing - Received, Clerk's Office, June 25, 2008

Holly Wirick

Janet Pellegrini

C:\ACHICO_WORK\Water Quality Branch\07_Correspondence\Frevert_CAW.doc

Electronic Filing - Received, Clerk's Office, June 25, 2008

Region 5 Comments on IL EPA Draft Rules for

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE C: WATER POLLUTION

PARTS 301, 302, 303 and 304

Dated January 18, 2007

General Comments

When States submit draft water quality standards, information is usually included on the

methodologies, data, underlying assumptions and technical justifications used in

calculating the draft standards, typically submitted as the technical support document for

the proposed revisions. This information is as important for our review as the revisions

themselves. In our review of Illinois Environmental Protection Agency’s (IL EPA) draft

rules we relied on the draft Chicago Area Waterways (CAW) Use Attainability Analysis

(UAA) report. In many instances, particularly where IL EPA’s draft rules differ from the

CAW UAA report, IL EPA has not provided sufficient technical support for the draft

rules.

Some of the proposed revisions, particularly concerning use designations, are not in

accord with recommendations made by the Stakeholders Advisory Groups (SAC). For

example, the proposed aquatic life use designations of Early Life Stages Present, Early

Life Stages Absent and Upper Dresden Island Pool were not discussed during SAC

meetings, yet they are included in the draft rules. The same goes for the proposed

recreation use titled “Non-Recreational.” IL EPA has not provided the data analysis and

justifications that form the basis for the new proposed use designations. We believe that

further discussion is warranted on the differences between the SAC recommendations

and the draft rules.

IL EPA did not provide an explanation of how and why new use designations were

created nor a discussion of how the proposed water quality criteria will protect these uses.

There is also a need for further documentation of why each reach of the CAW and lower

Des Plaines River were placed into particular use categories.

Specific Comments

Recreational Use Designations and Bacteria Criteria

In order to support recreational use designations less protective than primary contact, a

demonstration must be made that one of the six factors listed at 40 C.F.R. 131.10(g)

applies to a segment(s) of the waterway. This issue was considered during the UAA

process and the draft UAA report states that almost all of the CAW could not be

designated for primary contact recreational use based on physical configuration of the

waterway and on safety issues. However, the draft UAA report only contains general

conclusions regarding this issue. Now that some comments have been submitted on the

draft rules recommending that the CAW should be designated for primary contact

recreational use, IL EPA should include in the UAA or elsewhere in the record

Electronic Filing - Received, Clerk's Office, June 25, 2008

documentation demonstrating specifically how at least one of the six factors applies to

each specific segment of the CAW and lower Des Plaines that is not proposed to be

designated for primary contact recreational use.

The CAWs are currently designated for Secondary Contact use, which is defined under

Illinois’ current water quality standards as “any recreational or other water use in which

contact with the water is either incidental or accidental and in which the probability of

ingesting appreciable quantities of water is minimal, such as fishing, commercial and

recreational boating and any limited contact incident to shoreline activity.” Information

in the draft UAA and from other sources suggests that a higher recreational use than

Secondary Contact is occurring in a number of the CAWs. Specifically, the information

suggests that kayaking and jet skiing—two recreational activities in which the probability

of ingesting appreciable quantities of water is greater than recreational boating — occurs.

The draft rules should contain use designations consistent with this information.

Accurate use designation language is especially important in determining the

appropriateness of bacteria criteria necessary to protect the designated use. The use

designations in the draft rule do not appear to accurately reflect the attainable recreational

uses.

Section 302.402 - Purpose

The phrase “the highest quality indigenous aquatic life and wildlife that is compatible

with existing physical habitat and hydrologic conditions” is ambiguous. Please provide a

more precise description of the expected condition. It is difficult to determine whether or

not the proposed criteria are protective of the use without a clearer description.

Section 302.406 – Bacteria

The draft revisions propose not making the bacteria criterion effective until March 1,

2010. We believe that, if a criterion is necessary to protect the use, it should be effective

immediately upon adoption. The State may, however, include provisions in its water

quality standards or NPDES implementing regulations allowing specific NPDES

permittees to seek a compliance schedule provided that such compliance schedule is

consistent with 40 CFR 122.47.

We noted the following typographical errors in paragraphs (a) and (b): “The Incidental

Contract” (replace with Contact), and; “Escherichia Coli (E. Coli) of 1030 colony

forming units (cfu).” (should read cfu/100ml)

Section 303.225 – Non-Contact Recreation Waters

The definition for this use category includes “… pass through commercial or recreational

navigation …”. Is this category also meant to include boat launching? If it is meant to

include boat launching, we believe that activities involving dermal contact with the water,

such as would occur in boat launching, make it more appropriate to include boat

launching in the “Incidental Contact Recreation” use category and to designate any

waterbody segments in which launching occurs as Incidental Contact Recreation.

Electronic Filing - Received, Clerk's Office, June 25, 2008

Also, it is not clear from the name “Non-Contact Recreation” exactly which activities are

covered in this use category. If this category only includes activities where there is no

contact with the water, it should be noted that some recreational boating, especially small,

high-speed boats can create spray which leads to dermal and inhalation contacts. An

alternative name for this use category that describes at least minimal contact with the

water should be considered.

10.

In developing revised water quality standards, IL EPA should take into account that,

especially during high flow, the Calumet River can discharge into Lake Michigan,

potentially impacting public water supply intakes and bathing beaches in Illinois and

Indiana. This information should also be taken into account when evaluating the need for

water quality based effluent limitations for point source discharges that may impact these

downstream public water supply intakes and bathing beaches.

11.

Section 303.227 - Non-Recreational Waters

This section designates portions of the Chicago Sanitary and Ship Canal (CSSC) as non-

recreational use, meaning that there are no bacteria standards for this segment. However,

documentation of recreational use of this segment of the CSSC found on Pages 4-69 and

70, Draft CAW UAA, Section 4.4.1 Recreation and Navigation Uses (CSSC) states:

Observed uses on the CSSC were canoeing, kayaking, fishing and power boating.

Commercial navigation was observed in areas where the USACE maintains the

channel. The team also observes the following notable activities:

Chicago Youth Rowing Club and Kenwood Academy boat launches, City of

Chicago student activities at Western Avenue, City of Chicago’s boat launch at

Western Avenue, and Friends of the Chicago River “River Rescue” events in that

segment.

The documentation in the Draft UAA of low levels of pathogens measured in the CSSC

(page 4-29 & -30 Draft CAW UAA) and of existing recreational usage in this segment of

the waterway raises questions regarding the appropriateness of a non-recreational use

designation for this segment.

Also, the non-recreational use definition of the reach segment for CSSC and its Collateral

Channel begins at California Avenue and extends to the confluence with the lower Des

Plaines River. However, the City built a boat launch at Western Avenue, only 4 blocks

east of the start on the non-recreational use zone. Consideration should be given to the

fact that the boat launch could allow boaters to enter the non-recreational segment.

12.

The Village of Summit has been operating a boat launch on the CSSC since the summer

of 2005. The launch is downstream of the Stickney water reclamation plant in the stream

reach designated as Non-Recreational Waters in IL EPA’s January 18, 2007, proposed

rules. The activities involved in launching recreational boats, both motorized and non-

motorized, usually involve contact with the water, including wading. These activities are

inconsistent with the proposed non-recreational use designation.

Electronic Filing - Received, Clerk's Office, June 25, 2008

13.

Aquatic Life Use Designations

The Aquatic Life Use designations were discussed in detail at the CAW SAC meetings,

including options for creating new use classifications. However, the aquatic life use

designations contained in the proposed revisions (Early Life Stages Present, Early Life

Stages Absent and Upper Dresden Island Pool) was not discussed in the SAC meetings or

in the UAA reports. We have concerns regarding the appropriateness of aquatic life uses

that have as their goal the absence of early life stages.

In order to allow U.S. EPA to fully assess the proposed aquatic life use designations,

IL EPA should submit the basis for the proposed designations and associated water

quality criteria and a description of the goals for aquatic life for each of the use

designations.

14.

Section 303.237 – Upper Dresden Island Pool

It is not clear from this use designation what goals and intended uses IL EPA has in mind

for this segment. IL EPA should strongly consider the information generated by the

stakeholder workgroup and develop clear goals to be incorporated into the rule.

Temperature Criteria

IL EPA released two proposals for temperature criteria for the CAW and lower Des Plaines

River, one developed by IL EPA and the other proposed by Midwest Generation. Technical

support documentation is needed in evaluating the adequacy of the proposed criteria for

protecting the designated uses for the system in order to determine if either of the temperature

criteria proposals would be approvable under U.S. EPA guidance.

The following comments and suggestions are provided to guide IL EPA in developing protective

temperature criteria.

15.

It is not clear from the proposed revisions what ecosystem goals, designated uses, and

fish and macroinvertebrate assemblages IL EPA intends for the various aquatic life use

classifications in the system. The approach used by IL EPA for determining protective

temperature criteria, developed by the Midwest Biodiversity Institute (MBI), is

technically sound and is supported by U.S. EPA. However, the success of this approach

is dependent on decisions made by the regulatory agency on the designated uses for the

waterbodies in question and what type and quality of ecosystem is needed to attain that

use. The MBI approach allows the regulatory agency the flexibility to determine what

biological endpoints and specific fish species they will protect for a given temperature

regime.

Please provide the technical assumptions and justifications used to select the maximum

and average temperature limits in the proposed revisions. Please include what species are

being protected, what representative aquatic species (RAS) list is being used, and what

biological endpoints, both lethal and sub-lethal are being protected for each time period

in the year. Based on our initial review, it appears that summer temperatures in both

Electronic Filing - Received, Clerk's Office, June 25, 2008

temperature proposals exceed the sub-lethal endpoints for many of the species and lethal

endpoints for some of the species.

Please include justification for proposed temperature limits for non-summer months,

including what life stages and biological endpoints are being protected during the cooler

months.

16.

To meet the interim goal of the Clean Water Act, U.S. EPA would expect that

temperature criteria protect for growth, reproduction, and lethality endpoints necessary to

protect the designated use. To be consistent with designation of a CWA 101(a) use,

water quality criteria, including temperature, should provide for protection and

propagation of fish, shellfish, and wildlife. To achieve protection of a propagating

aquatic community, a sufficient proportion of the species assemblage should be protected

to maintain ecological structure and function, as well as other important attributes of a

101(a) use (such as protection of commercially or recreationally important species).

U.S. EPA considers that protective criteria for these waters would be inclusive of the

following:

Biological endpoints:

Acute lethality – generally indicated by the ultimate upper incipient lethal

temperature (UUILT);

II.

Long term lethality – indicated by the chronic thermal maximum (ChTM);

III.

Growth – often indicated by the Mean Weekly Average Temperature

(MWAT);

IV.

Reproduction – allowance for successful migration, spawning, egg

incubation, fry rearing, and other reproductive functions.

(In addition, Upper Avoidance Temperature and Final Preferendum

Temperature may also be important considerations for the aquatic life

community. For many assemblages/species, the avoidance temperature as

an endpoint becomes one of paramount importance. If a species survives

because it avoids an area of high temperature, though not lethal, the area

will become an ecologically deserted area. It can also preclude the use of

an area as a transit or migratory route used by species.)

Species Assemblage

Threatened or endangered species;

II.

Ecologically important species – those species that fill a critical niche in

the ecosystem;

III.

Commercially or recreationally important species; and

IV.

The majority of other expected species as defined by the designated use.

For waters designated as something less than general use for aquatic life, temperature

criteria may be selected that protect fewer biological endpoints or a lesser number of

species; however, technical support must be supplied to justify this lower level of

protection. We suggest you refer to EPA’s QUALITY CRITERIA for WATER 1986,

Electronic Filing - Received, Clerk's Office, June 25, 2008

EPA 440/5-86-001 (also known as the “Gold Book”) for additional guidance on

developing temperature criteria.

To complete the criteria derivation process using the MBI methodology, IL EPA needs to

review the RAS lists that were developed by MBI for the lower Des Plaines and create a

assemblages that are currently present in the waterways and the species assemblage that

ought to be present in the different segments of the CAWs in the absence of thermal

impacts (this step accounts for limitations on habitat due to the nature of the system,

contaminated sediments and hydrological modifications).

From the use-protected list, IL EPA should then identify which species, if any, are

designated as threatened or endangered. These species should be fully protected for both

lethal and sub-lethal endpoints. From the remaining species on the use-protected list,

IL EPA would then identify those species that it wants to maintain in the various stream

segments as commercially or recreationally important and those that are critical for

maintaining the ecosystem. Next, to the extent data are available, identify the different

thermal endpoints for the expected species and describe, to the maximum extent possible

given the data, the thermal regime that would be necessary to prevent any impact to

expected aquatic community.

The next step is to identify the proposed aquatic life designated uses and current existing

uses from the draft UAA report and then assign species from the use-protected list to

each use. Finally, evaluate whether or not the criteria needed to support a community

without thermal impacts are attainable for reasons of human caused conditions that

influence the thermal regime that cannot be remedied (high winter temperatures of

POTW effluent, thermal component of stormwater, etc.).

17.

The proposed temperature criteria during the summer months from June 16 through

September 15 are divided into two week intervals in the MBI report but are the same

values for both the average and maximum temperatures throughout this time period. It is

unclear from the temperature criteria proposal whether IL EPA intends to use a two-week

averaging period or a 90 day averaging period when creating summer thermal limits for

the period average in discharge permits. We suggest using a two week averaging period

in order to give the aquatic life sufficient recovery time from thermal maximums and to

prevent impairments that may cause failure to achieve the designated aquatic life use.

18.

Other Criteria

For each of the criteria applicable to the waterways that are NOT the same as U.S. EPA’s

that included in U.S. EPA’s criteria documents. For example, when U.S. EPA develops

304(a) criteria, documentation includes a listing of acute toxicity data for freshwater

animals (Table 1a from a U.S. EPA criteria document), the results of covariance analysis

of freshwater acute toxicity versus hardness if the criterion is based on a relationship to

hardness or some other water quality parameter (Table 1c from a U.S. EPA criteria

document), a list of studies used to estimate the acute hardness slope if the toxicity is

Electronic Filing - Received, Clerk's Office, June 25, 2008

for freshwater animals (Table 2at from a U.S. EPA criteria document), results of

covariance analyses if toxicity is related to hardness or some other water quality

parameter (Table 2c from a U.S. EPA criteria document), the list of studies used to

estimate the chronic hardness slope (Table 2d from a U.S. EPA criteria document), acute

to chronic ratios (Table 2e from a U.S. EPA criteria document), ranked freshwater genus

mean acute values with species mean acute-chronic ratios (Table 3a from a U.S. EPA

criteria document), ranked genus mean chronic values (Table 3c from a U.S. EPA criteria

document), criteria values (Table 3d from a U.S. EPA criteria document), any available

data on toxicity to plants (Table 4a from a U.S. EPA criterion document), available data

on bioaccumulation (Table 5a from a U.S. EPA criterion document), and any other data

on the effects of the chemical on aquatic organisms that was considered but may not have

been used to derived the criterion (Table 6a from a U.S. EPA criterion document).

For criteria that are based on U.S. EPA's recommended criteria but use a species

recalculation process to reflect site specific conditions or for criteria for which U.S. EPA

does not have recommended criteria, States need to provide or reference their established

methodology for determining which species are included in the criteria derivation. The

methodology could include the established list of species that the State has determined

are inappropriate for criteria adopted within the State, along with the rationale for not

including such species.

Although Illinois identified (separately, by fax) the species from U.S EPA's criteria

document data set that it was not including as part of its derivation for cadmium, Illinois

did not include the rationale for removing those species. U.S. EPA's assumption is that

these species were not included because they are not resident of Illinois. Knowing

Illinois' rationale is important as there appear to be other species in the U.S. EPA criteria

document data set that Illinois should also not include based on the same reasoning,

which could significantly affect the resulting criteria. Please provide or reference the

established methodology used by IL EPA when determining which species to include in

the derivation of each criterion.

19.

Section 302.405 - Dissolved Oxygen

Please provide the basis for the assumption that a dissolved oxygen limit of 3.5 mg/l is

protective of the Indigenous Aquatic Life – Early Life Stages Absent designated use.

20.

Section 302.407 – Chemical Constituents

BETX - Region 5 is not able to provide comment at this point on the BETX chemical

criteria. Region 5 is working internally with its Office of Research and Development to

review the criteria. Once Region 5 has completed its internal review, it will provide

comment on the BETX criteria to Illinois.

As a note, in order to streamline U.S. EPA’s review and action of new or revised water

quality standards, Region 5 is developing a description and list of the supporting

documentation needed to ensure that a water quality standards submission is complete,

according to the minimum requirements established in 40 CFR 131.6. States or Tribes

Electronic Filing - Received, Clerk's Office, June 25, 2008

- 10 -

can rely on the list when developing their water quality standards submission package to

ensure that the final submission package is consistent with the Federal regulations.

Although Region 5 developed the list to be used when the State or Tribe submits its final

water quality standards package to U.S. EPA for review and action, Region 5

recommends that the list also be used in submitting preliminary draft water quality

standards. Region 5 will forward you the description and list as soon as it is finalized.

Electronic Filing - Received, Clerk's Office, June 25, 2008