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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

necelveo

Control

LINOIS

Board

NOTICE OF FILING

To: John

Therriault, Clerk

Marie Tipsord, Hearing Officer

James R. Thompson Center

Illinois Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

SEE ATTACHED SERVICE LIST

PLEASE TAKE NOTICE that I have filed today with the Illinois Pollution

Control Board Illinois EPA's Response to MWRDGC's Motion to Stay IPCB R08-9, a

copy of which is herewith served upon you.

Dated: June 26, 2008

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

ILLINOIS ENVIRONMENTAL

THIS FILING

SUMBITTED ON RECYCLED PAPER

RECEIVED

Pollution Control Board

(Rulemaking – Water)

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 III.

Adm. Code Parts 301, 302, 303 and 304

ILLINOIS EPA'S RESPONSE TO METROPOLITAN WATER RECLAMATION

DISTRICT OF GREATER CHICAGO'S MOTION TO STAY IPCB R08-9

The Illinois Environmental Protection Agency ("Illinois EPA") hereby

submits its response to the Metropolitan Water Reclamation District of Greater

Chicago's ("MWRDGC") Motion to Stay IPCB R08-9. In support of its Motion,

Illinois EPA states as follows:

1. On June 12, 2008, MWRDGC filed its Motion to Stay with the Illinois

Pollution Control Board ("Board").

On June 16, 2008, the Illinois EPA received MWRDGC's Motion to

Stay R08-9.

MWRDGC states that a stay should be granted so that Illinois EPA

can: (1) receive, consider and analyze the studies that are going to be submitted

by MWRDGC in the next few years; (2) collect any other information that is

needed to complete a supportable analysis; and (3) submit the complete

rulemaking proposal to the Board with all relevant supporting information, so the

Board can make a fully-informed and soundly-based decision.

MWRDGC's Motion to Stay should be denied.

MWRDGC cites to Board opinions that state the Board has "inherent

authority to grant a stay in certain circumstances". (See MWRDGC's Motion to

Stay P. 4). Illinois EPA does not dispute the Board's authority to grant a stay;

however, MWRDGC cites to no cases where the Board has granted a motion to

stay in a regulatory proceeding or a regulatory relief proceeding without support

of Illinois EPA.

6. MWRDGC also states there are four situations where the Board

typically grants a Motion to stay. (Id.) However, this four part test or list cited by

MWRDGC is not found in the cases cited in their Motion. If one was to apply this

list or four part test to the case at bar, MWRDGC's Motion would fail. A stay at

this stage of the process would not save time, expenses or resources. It would

cause practical difficulties. Also, there are not pending proceedings that would

be duplicated by the work of the parties in this proceeding. Finally, it would not

assist the Board in its final determination to have a multi-year span between

Illinois EPA's testimony and testimony from the regulated community.

7. Illinois EPA has been working on the proposed rulemaking rule since

2000 and MWRDGC has been a participant in this matter from the beginning.

8. Illinois EPA filed a complete rulemaking package with the Board with

on October 26, 2007.

9. The Board accepted Illinois EPA's proposal on November 1, 2007.

10.

Illinois EPA has met all filing requirements under the Environmental

Protection Act and the Illinois Administrative Code when filing its proposal. (See

415 ILCS 5/27 and 35 Illinois Administrative Code 102.200 & 102.202.

11.

Illinois EPA has answered numerous questions over a span of 10

hearing days with respect to its proposal. In fact, there have been over 2,500

pages of testimony. Furthermore, Illinois EPA has filed additional information

with respect to its proposal in March and April of 2008.

12.

Illinois EPA has met its burden by the submittal of a very detailed

rulemaking package and answering numerous questions asked at the hearings.

Illinois EPA disagrees that its proposal is deficient as alleged by MWRDGC.

13.

Instead of delaying these proceedings for 2 years or more in hopes

that more relevant information will be produced, it is now time for MWRDGC or

any other party who disagrees with Illinois EPA's proposal to come forward and

present their counter-arguments or proposals to the Board.

14.

Illinois EPA disagrees that the requested delay a delay would

enhance the record or produce needed changes to Illinois EPA's proposal.

15.

As for the studies currently being submitted by MWRDGC, Illinois

EPA is prepared to review these as the rulemaking moves forward. No delay is

needed for such review. If Illinois EPA sees changes are warranted based on a

review of the information this can be done without delaying the process for

another 2 years or more.

16.

MWRDGC makes much of the need for additional information with

respect to bacteria. Illinois EPA recognized in its Statement of Reasons that

states are waiting on U.S. EPA to update the national criteria for bacteria. (See

SOR P. 42-46.) However, Illinois EPA addressed this issue by proposing a

technology based effluent requirement in Part 304 and proposing appropriate

designated recreational uses for the CAWS and Lower Des Plaines River. (Id. at

92).

17.

To allow MWRDGC's Motion to Stay at this time would cause further

delay in the Board's decision with respect to the proposed rulemaking and could

be detrimental to the waterway that needs improvements now. Illinois EPA and

the various participants have already dedicated a lot of time and resources to this

rulemaking and to allow a delay for another 2 years or longer seems

unreasonable.

18.

Also, despite MWRDGC's allegation of problems with Illinois EPA's

analysis of economic reasonableness, the Illinois EPA has stated on record and

in its Statement of Reasons that this proposal is economically reasonable and

technically feasible and submitted information related to this issue to the Board.

(Id. at 97-101).

19.

Finally, it would not be appropriate for the Board to order the various

parties to go back to the stakeholder's process. Illinois EPA conducted a very

extensive stakeholders process for this rulemaking. (Id. at 103-105). Illinois EPA

can and will meet with interested parties as the rulemaking proceeds to discuss

ways to narrow the issues of disagreement before the Board.

20.

The proposal is now before the Board and should proceed as

scheduled by the Hearing Officer Order of May 19, 2008.

WHEREFORE, the Illinois EPA respectfully requests that MWRDGC's

Motion to Stay IPCB R08-9 be denied.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

Stefanie N. Diers

Assistant Counsel

Division of Legal Counsel

DATED: June

, 2008

Illinois Environmental Protection Agency

1021 North Grand Avenue East

Post Office Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

Service List for R08-9

Elizabeth Schenkier

Keith Harley

Chicago Legal Clinic, Inc.

205 W. Monroe, 4th Floor

Chicago, IL 60606

Susan M. Franzetti

Franzetti Law Firm P.C.

Springfield, IL 62702

John Therriault, Assistant Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph, Ste 11-500

Chicago, IL 60601

Susan Hedman

Andrew Armstrong

Office of the Attorney General

Environmental Bureau North

69 West Washington Street, Suite 1800

Chicago, IL 60602

Jeffrey C. Fort

Ariel J. Tesher

Sonnenschein Nath & Rosenthal LLP

7800 Sears Tower

233 S. Wacker Drive

Chicago, IL 60606-6404

Ann Alexander

Senior Attorney, Midwest Program

Natural Resources Defense Council

101 North Wacker Dr., Ste. 609

Metropolitan Water Reclamation District

of Greater Chicago

111 East Erie Street

Chicago, IL 60611

William Richardson, Chief Legal Counsel

Illinois Department of Natural Resources

One Natural Resources Way

Springfield, IL 62705-5776

Marie Tipsord, Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph, Ste 11-500

Chicago, IL 60601

Albert Ettinger, Senior Staff Attorney

Jessica Dexter

Environmental Law & Policy Center

35 E. Wacker Dr., Suite 1300

71 South Wacker Drive

Chicago, IL 60606-4637

Service List for R08-9 Continued

Fredric P. Andes

Carolyn S. Hesse

David T. Ballard

Barnes & Thornburg LLP

One North Wacker Drive

Suite 4400

Chicago, IL 60606

Brent Fewell

Hunton & Williams LLC

1900 K Street, NW

Washington, DC 20006

Marc Miller

Office of the Lt. Governor, Pat Quinn

Room 414 State House

Springfield, IL 62706

Stacy Meyers-Glen

Openlands

25 E. Washington, Ste. 1650

Chicago, IL 60602

Jack Darin

Cindy Skrukrud

Sierra Club, Illinois Chapter

70 East Lake Street, Ste 1500

Chicago, IL 60601

STATE OF ILLINOIS

COUNTY OF SANGAMON

PROOF OF SERVICE

I, the undersigned, on oath state that I have served the attached

Illinois EPA's Response

to MWRDGC'S Motion to Stay IPCB R08-9

upon the person to whom it is directed by placing it

an envelope addressed to:

John Therriault, Clerk

Marie Tipsord, Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

SEE ATTACHED SERVICE LIST

and mailing it First Class Mail from Springfield, Illinois on June 26, 2008, with sufficient

postage affixed.

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SUBSCRIBED AND SWORN TO BEFORE ME

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OFFICIAL SEAL

BRENDA BOEHNER

NOTARY PUBUC, STATE OF IWNOIS

COMMISSION EXPIRES 11-3-2009

THIS FILING IS SUBMITTED ON RECYCELD PAPER