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$me N. Diers

sistant Counsel

BEFORE THE ILLINOIS POLLUTION CONTROL BO

IN THE MATTER OF:

WATER QUALITY STANDARDS AND

EFFLUENT LIMITATIONS FOR THE

R08-09

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

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 Requests Made to the Illinois EPA at the Hearings Held April 23rd

and 24th, 2008, a copy of which is herewith served upon you.

LERK'S

CEIVED

OFFICE

JUN 3 0 2008

PSTATE

ollution

Control

ILLINOISBoard

Dated:

June:

74-:2008

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

ILLINOIS ENVIRONMENTAL

PROT4CTION AGENCY,--,,

afat

THIS FILING IS SUMBITTED ON RECYCLED PAPER

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

RECEIVED

STATE OF

ILLINOIS

REQUESTS MADE TO THE ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY AT THE HEARINGS HELD APRIL 23RD AND 241H , 2008

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

submits the following information based on requests made to the Illinois EPA at

the hearings held before the Illinois Pollution Control Board ("Board") on April

23rd and 24th , 2008. Illinois EPA submits the following:

At the hearings in March 2008, the Illinois EPA was asked if there was

sediment data that perhaps CDM looked at but may not have been included in

Attachment B ("Chicago Area Waterway System Use Attainability Analysis Final

Report"). After reviewing Attachment B, sediment summary tables can be found

on pages 4-12 and 4-14. Also, Illinois EPA is providing 30 different reports which

address sediment data. (See Attached).

2. Illinois EPA was asked to provide a 7Q10 map or link. A 7Q10 map

can be found at:

http://www.sws.uiuc.eduklocs/maps/lowflow/images/mapsimap2.gif

Illinois EPA was asked to provide additional data with respect to

Attachment W, ("2001-2006 Effluent Sample Results for Temperature at Water

Reclamation Plants, 2005 and 2006 Water Quality Sample Results for

Temperature, pH, Alkalinity and Chloride, and Calculations of H2CO3 (soluble

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

CO2) in Chicago Area Waterways in 2005 and 2006. MWRDGC, Research and

Development (June 4, 2007)"). Illinois EPA is providing a CD that contains

chloride data from MWRDGC from 2001-2003 that Mr. Twait referenced at the

April 2008 hearings.

Illinois EPA was asked to provide information concerning best

management practices used by local governments concerning road salting.

Illinois EPA is providing information from the Du Page River and Salt Creek

Workgroup concerning chloride reductions. (See Attached).

Illinois EPA was asked to provide a citation to federal policy that

identifies a specific numeric goal for the number of Combined Sewer Overflows

per year. U.S. EPA's Guidance Document "Combined Sewer Overflows:

Guidance for Long-Term Control Plan" EPA 832-B-95-002 (September 1995)

provides the requested information. Chapter 3 of this guidance document

provides two approaches for the development and evaluation of alternatives for

CSO control to reach achieve compliance with water quality standards: the

"presumption approach" and the "demonstration approach". Under the

presumption approach, which has been applied to the Tunnel and Reservoir

Project being constructed by the Metropolitan Water Reclamation District of

Greater, a goal of "no more than an average of four overflow even per year" is

established to allow a facility to take advantage of this approach. U.S. EPA

(1995) at p. 3-7 to 3-9." Furthermore, General Superintendent Lanyon made the

following statement on December 16, 2003 at CAWS Stakeholder Advisory

Committee Meeting, "However after TARP is completed, MWRD estimates that

no more than four CSO events per year that will discharge to the CAWS". (See

P. 102, of Exhibit 36).

Illinois EPA also cites to U.S. EPA's Combined Sewer Overflow Control

Policy. (See 59 Fed. Reg. 1866-1898 (April 19, 1994)). The policy states that

there are to be "No more than an average of four overflow events per year."

Finally, in 2000, Congress passed the Wet Weather Quality Act of 2000,

which required States that issue NPDES permits after December 15, 2000 to

comply with aforementioned CSO policy. (See 33 U.S.C. 1342(q)(1)).

Illinois EPA was asked to further explain Hearing Exhibits 40, 41, 42,

and 43 with respect to the stations relevant to this rulemaking. Illinois EPA is

providing a spreadsheet of the station location description for IDNR fish samples

for the Du Page River Basin (Exhibit 40), Des Plaines River Mainstem (Exhibit

41), Des Plaines River Basin tributaries (Exhibit 42) and the Kankakee River

Basin (Exhibit 43). (See Attached).

Illinois EPA was asked for dissolved oxygen information with respect

to R04-25. Illinois EPA is providing a copy of the Technical Support Document

that was filed in R04-25. (See Attached).

Illinois EPA was asked to provide references to explain the

distinction in the Board's General Use water quality standards between the Early

Life Stages Present period of March through October for establishing ammonia

standards (35 III. Adm. Code 302.412) and the seasonal dissolved oxygen

standard of March 1 through July 31 designed to protect sensitive life stages of

fish (35 III. Adm. Code 302.206). (See, April 24, 2008 hearing transcript at pp.

154 – 157).

In R02-19, the Board established an Early Life Stages Present

period for the ammonia water quality standards of March 1 through

October 31. In each of its opinions in this docket the Board found that

"This is conservative in that there will be waters where, during some

portion of this period, such forms are not actually present. However, the

proponents accept and the Board agrees, that such conservatism is

warranted to provide workable protection for the great majority of aquatic

species." See, R02-19, First Notice Opinion (June 6, 2002) at p. 6;

Second Notice Opinion (September 5, 2002) at p. 6; and Final Opinion

(October 17, 2002) at p. 6. The Board references Hearing Transcript 1 at

pp. 32 and 139 for this holding [Note: the reference to p. 139 should

probably have been to p. 129]. The Board's First Notice opinion in R02-19

also states "Today's proposed amendments retain the provision for

seasonally different ammonia standards. This provision is based on the

well-accepted principle that ammonia toxicity differs seasonally due to

differences in water temperature that produce differences in the proportion

of ammonia that is present in the ionized versus un-ionized ammonia

forms." First Notice opinion (June 6, 2002) at pp. 5-6.

In R04-25, the Board summarized testimony from of Dr. Garvey on

this issue in its First Notice Opinion by stating "Dr. Garvey maintains that

the proposed early life stage time period is appropriate for DO because

Divi on of Legal Counsel

the dynamics of DO and total ammonia differ in streams. Exh. 9 at 7. The

total ammonia concentrations depend on discharge and do not vary on a

seasonal basis, according to Dr. Garvey. Further, the toxicity of total

ammonia increases with increasing temperature, requiring the application

of the more stringent standard for a longer time period." R04-25, First

Notice Opinion at p. 31. The questions from Dr. Rao of the Board's

technical staff and Board Member Johnson which elicited the summarized

testimony may be found in the June 29, 2004 Hearing Transcript at pp.

168 and 178-179 with Dr Garvey's answers appearing on pp. 170-174 and

179-183. Testimony from Dr. Garvey on this issue is also found in the

August 12, 2004 hearing transcript at pp. 22-23.

9. Illinois EPA was asked to provide comments it received on the

CAWS UAA Draft. Illinois EPA is providing the comments it received on the

CAWS UAA Draft. (See Attached).

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

Date: June 27, 2008

1021 N. E. Grand Avenue East

P.O. 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 W,:;st Randolph, Ste 11-500

Chicago, IL 60601

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

Susan Hedman

Albert Ettinger, Senior Staff Attorney

Andrew Armstrong

Jessica Dexter

Office of the Attorney General

Environmental Law & Policy Center

Environmental Bureau North

35 E. Wacker Dr., Suite 1300

69 West Washington Street, Suite 1800 Chicago,

Sonnenschein Nath & Rosenthal LLP

7800 Sears Tower

233 S. Wacker Drive

Chicago, IL 60606-6404

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 Requests Made to Illinois

EPA at the Hearings Held April 23

and April 24th

, 2008 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;),

1, 2008, with sufficient

postage affixed.

SUBSCRIBED AND SWORN TO BEFORE ME

tttt++0,+-:-:-+e+++++++4-4.t4Natn

NOTARY

CYNTHIA

OFFICIAL

PUBLIC, STATE

SEAL

WOLFE

OF IWNOIS

MY COMMISSION EXPIRES 10-2-2011

440++4+++4++04

4+4 +4+4+44

THIS FILING IS SUBMITTED ON RECYCELD PAPER