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
)
NOTICE OF FILING
TO:
Mr. John T. Therriault,
Ms. Marie E. Tipsord
Assistant Clerk of the Board
Hearing Officer
Illinois Pollution Control Board
Illinois Pollution Control Board
100 West Randolph Street
100 West Randolph Street
Suite 11-500
Suite 11-500
Chicago, Illinois 60601
Chicago, Illinois 60601
(VIA ELECTRONIC MAIL)
(VIA FIRST CLASS MAIL)
(SEE PERSONS ON ATTACHED SERVICE LIST)
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk
of the Illinois Pollution Control Board the
ENTRY OF APPEARANCE OF
MATTHEW C. READ
and
PRE-FILED TESTIMONY OF ALAN L. JIRIK
,
copies of which are herewith served upon you.
Respectfully submitted,
CORN PRODUCTS
INTERNATIONAL, INC.,
Dated: August 4, 2008
By: /s/ Katherine D. Hodge
One of Its Attorneys
Katherine D. Hodge
N. LaDonna Driver
Monica T. Rios
Matthew C. Read
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
R08-9, Electronic Filing - Received, Clerk's Office, August 4, 2008
CERTIFICATE OF SERVICE
I, Katherine D. Hodge, the undersigned, hereby certify that I have served the
attached ENTRY OF APPEARANCE OF MATTHEW C. READ and PRE-FILED
TESTIMONY OF ALAN L. JIRIK upon:
Mr. John T. Therriault
Assistant Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
via electronic mail on August 4, 2008; and upon:
Ms. Marie E. Tipsord
Hearing Officer
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Matthew J. Dunn, Esq.
Chief
Andrew Armstrong, Esq.
Susan Hedman, Esq.
Environmental Enforcement Division
Office of the Attorney General
69 West Washington, 18
th
Floor
Chicago, Illinois 60602
Deborah J. Williams, Esq.
Stefanie N. Diers, Esq.
Illinois EPA
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
Frederick M. Feldman, Esq.
Ronald M. Hill, Esq.
Mr. Louis Kollias
Ms. Margaret T. Conway
Metropolitan Water
Reclamation District
100 East Erie Street
Chicago, Illinois 60611
Roy M. Harsch, Esq.
Drinker, Biddle, Gardner, Carton
191 North Wacker Drive
Suite 3700
Chicago, Illinois 60606-1698
Claire A. Manning, Esq.
Brown, Hay & Stephens, LLP
700 First Mercantile Bank Building
205 South Fifth Street
Post Office Box 2459
Springfield, Illinois 62705-2459
Kevin G. Desharnais, Esq.
Thomas W. Dimond, Esq.
Thomas V. Skinner, Esq.
Mayer, Brown LLP
71 South Wacker Drive
Chicago, Illinois 60606-4637
Charles W. Wesselhoft, Esq.
James T. Harrington, Esq.
Ross & Hardies
150 North Michigan Avenue
Suite 2500
Chicago, Illinois 60601-7567
Mr. Robert VanGyseghem
City of Geneva
1800 South Street
Geneva, Illinois 60134-2203
Mr. Jerry Paulsen
Ms. Cindy Skrukrud
McHenry County Defenders
132 Cass Street
Woodstock, Illinois 60098
Mr. Bernard Sawyer
Mr. Thomas Granto
Metropolitan Water
Reclamation District
6001 West Pershing Road
Cicero, Illinois 60650
Ms. Lisa Frede
Chemical Industry Council of Illinois
2250 East Devon Avenue
Suite 239
Des Plaines, Illinois 60018-4509
Fredric P. Andes, Esq.
Erika K. Powers, Esq.
Barnes & Thornburg
1 North Wacker Drive
Suite 4400
Chicago, Illinois 60606
Mr. James L. Daugherty
Thorn Creek Basin Sanitary District
700 West End Avenue
Chicago Heights, Illinois 60411
Tracy Elzemeyer, Esq.
American Water Company
727 Craig Road
St. Louis, Missouri 63141
Mr. Keith I. Harley
Ms. Elizabeth Schenkler
Chicago Legal Clinic, Inc.
205 West Monroe Street
4
th
Floor
Chicago, Illinois 60606
Frederick D. Keady, P.E.
Vermillion Coal Company
1979 Johns Drive
Glenview, Illinois 60025
W.C. Blanton, Esq.
Husch Blackwell Sanders LLP
4801 Main Street
Suite 1000
Kansas City, Missouri 64112
Mr. Dennis L. Duffield
City of Joliet, Department of Public
Work and Utilities
921 East Washington Street
Joliet, Illinois 60431
Ms. Kay Anderson
American Bottoms RWTF
One American Bottoms Road
Sauget, Illinois 62201
Mr. Jack Darin
Sierra Club
70 East Lake Street
Suite 1500
Chicago, Illinois 60601-7447
Mr. Bob Carter
Bloomington Normal Water
Reclamation District
Post Office Box 3307
Bloomington, Illinois 61702-3307
Mr. Tom Muth
Fox Metro Water Reclamation District
682 State Route 31
Oswego, Illinois 60543
Mr. Kenneth W. Liss
Andrews Environmental Engineering
3300 Ginger Creek Drive
Springfield, Illinois 62711
Albert Ettinger, Esq.
Jessica Dexter, Esq.
Environmental Law & Policy Center
35 East Wacker
Suite 1300
Chicago, Illinois 60601
Ms. Vicky McKinley
Evanston Environment Board
223 Grey Avenue
Evanston, Illinois 60202
Mr. Marc Miller
Mr. Jamie S. Caston
Office of Lt. Governor Pat Quinn
Room 414 State House
Springfield, Illinois 62706
Susan M. Franzetti, Esq.
Nijman Franzetti LLP
10 South LaSalle Street
Suite 3600
Chicago, Illinois 60603
Mr. Irwin Polls
Ecological Monitoring and Assessment
3206 Maple Leaf Drive
Glenview, Illinois 60025
Dr. Thomas J. Murphy
2325 North Clifton Street
Chicago, Illinois 60614
Ms. Cathy Hudzik
City of Chicago – Mayor’s Office
of Intergovernmental Affairs
121 North LaSalle Street
City Hall – Room 406
Chicago, Illinois 60602
Ms. Beth Steinhour
2021 Timberbrook
Springfield, Illinois 62702
Mr. James Huff
Huff & Huff, Inc.
915 Harger Road
Suite 330
Oak Brook, Illinois 60523
Ann Alexander, Esq.
Natural Resources Defense Council
101 North Wacker Drive
Suite 609
Chicago, Illinois 60606
Ms. Traci Barkley
Prairie Rivers Network
1902 Fox Drive
Suite 6
Champaign, Illinois 61820
Mr. Mark Schultz
Navy Facilities
and Engineering Command
201 Decatur Avenue
Building 1A
Great Lakes, Illinois 60088
Ms. Stacy Meyers-Glen
Openlands
25 East Washington Street
Suite 1650
Chicago, Illinois 60602
Mr. Lyman C. Welch
Alliance for the Great Lakes
17 North State Street
Suite 1390
Chicago, Illinois 60602
Kristy A. N. Bulleit, Esq.
Brent Fewell, Esq.
Hunton & Williams, LLC
1900 K. Street, NW
Washington, D.C. 20006
Margaret P. Howard, Esq.
Hedinger Law Office
2601 South Fifth Street
Springfield, Illinois 62703
Jeffrey C. Fort, Esq.
Ariel J. Tesher, Esq.
Sonnenschein Nath &
Rosenthal
7800 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
by depositing said documents in the United States Mail, postage prepaid, in
Springfield, Illinois on August 4, 2008.
/s/ Katherine D. Hodge
Katherine D. Hodge
CORN:006/Fil/NOF-COS – EOA – MCR and PRE-FILED TESTIMONY OF ALAN JIRIK
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
)
ENTRY OF APPEARANCE OF MATTHEW C. READ
NOW COMES Matthew C. Read, of the law firm HODGE DWYER
ZEMAN, and hereby enters his appearance in this matter on behalf of Corn Products
International, Inc.
Respectfully submitted,
By: /s/ Matthew C. Read
Matthew C. Read
Dated: August 4, 2008
Matthew C. Read
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
CORN:006/Fil/EOA – MCR
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
WATER QUALITY STANDARDS AND )
EFFLUENT LIMITATIONS FOR THE
)
R08-9
CHICAGO AREA WATERWAY
)
(Rulemaking – Water)
SYSTEM AND THE LOWER DES
)
PLAINES RIVER: PROPOSED
)
AMENDMENTS TO 35 Ill. Adm. Code
)
Parts 301, 302, 303 and 304
)
PRE-FILED TESTIMONY OF ALAN L. JIRIK
NOW COMES Corn Products International, Inc. (“Corn Products”), by and
through its attorneys, HODGE DWYER ZEMAN, and submits the following Pre-Filed
Testimony of Alan L. Jirik for presentation at the September 8, 9, and 10, 2008 hearings
scheduled in the above-referenced matter. Please note that Mr. James E. Huff will also
testify on behalf of Corn Products. Because Mr. Huff is providing testimony for both
Corn Products and Citgo Petroleum Corporation (“Citgo”), counsel for Citgo, Mr. Jeffrey
Fort of Sonnenschein Nath & Rosenthal LLP, will file Mr. Huff’s Pre-Filed Testimony.
TESTIMONY OF ALAN L. JIRIK
Good Morning. My name is Alan L. Jirik, and I am the Vice President of
Regulatory Affairs at Corn Products International, Inc. (“Corn Products”). On behalf of
Corn Products, I would like to thank the Illinois Pollution Control Board (“Board”) for
the opportunity to present this testimony today. According to the Hearing Officer’s
Order on May 19, 2008, testimony may be presented on September 8, 9, and 10, 2008
regarding the use designations of the waterways impacted by this rulemaking.
Accordingly, Corn Products is presenting testimony at this hearing related to the use
designations appropriate for the Chicago Sanitary and Ship Canal (“Sanitary & Ship
2
Canal”). Furthermore, Corn Products plans to submit and present testimony related to the
appropriate water quality standards and economic feasibility of implementing those
standards but believes that such testimony is incumbent upon testimony relative to use
designations. Therefore, pursuant to the Hearing Officer’s Order, Corn Products intends
to submit testimony related to appropriate water quality standards and economic
feasibility of implementing those standards at a later time.
Corn Products’ Argo Plant (“Argo Plant”), located at 6400 Archer Avenue in
Bedford Park, processes corn and produces a variety of food products and ingredients
including corn sweeteners, starches, edible oils, and animal feeds. The Argo Plant
withdraws waters from the Sanitary & Ship Canal for non-contact cooling and returns the
heated non-contact cooling water back into the Sanitary & Ship Canal. The discharge
point is located between Harlem Avenue and La Grange Road. As future testimony will
explain, this use of non-contact cooling is quite important in maintaining the economic
vitality of the plant.
The Illinois Environmental Protection Agency (“IEPA”) proposes to designate
this segment of the Sanitary & Ship Canal as “Incidental Contact Recreation Waters” and
“Chicago Area Waterway System and Brandon Pool Aquatic Life Use B Waters.” IEPA
Proposed Amendments at 35 Ill. Admin. Code §§ 303.220 and 303.235.
Corn Products believes that the Sanitary & Ship Canal is a unique water body,
sufficiently different from the other waterways affected by this rulemaking to necessitate
its own use designation and offers the following testimony in support of this approach.
3
The Sanitary & Ship Canal is a relatively recently created artificial man-made
channel that was mined and excavated through limestone bedrock. Daniel E. Capano,
Chicago’s War with Water
, American Heritage, Spring 2003 Vol. 18, Issue 4, available at
http://www.americanheritage.com/articles/magazine/it/2003/4/2003_4_50.shtml. The
Sanitary & Ship Canal was created for the primary purpose of reversing the flow of the
Chicago River to transport human waste and diseases away from Lake Michigan.
Chicago Area Waterway System Use Attainability Analysis Final Report, CDM, Aug.
2007, 3-16 (hereinafter “CAWS UAA”). Indeed, this function remains important even
today as evidenced by advisories and beach closings that often result when the locks are
opened to prevent urban flooding during extreme rain events. Cassandra Marie Profita,
The Wayfaring Waters of the Windy City
, National Geographic Magazine, Sept. 2002,
http://ngm.nationalgeographic.com/ngm/0209/feature2/online_extra.html. Thus, from
both a functional and physical perspective, the Sanitary & Ship Canal is more like an
aqueduct than a natural stream or river.
The Sanitary & Ship Canal also provides commercially important navigation
between the Great Lakes and Mississippi River. CAWS UAA 3-2. The Sanitary & Ship
Canal continues to provide primary transport of industrial materials such as sand, gravel,
coal, cement, and fuel oils. CAWS UAA at 3-2. Such heavy industrial traffic limits
recreational opportunities. CAWS UAA at 3-3. Small boats cannot safely navigate the
Sanitary & Ship Canal because of the wakes from larger boats and barges. CAWS UAA
at 3-3. Furthermore, recreational users would have an “extremely difficult” time exiting
the water because of the steep banks. CAWS UAA at 3-3. In fact, the Metropolitan
4
Water Reclamation District of Greater Chicago (“MWRDGC”) prohibits wading in the
Sanitary & Ship Canal.
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
(Ill.Pol.Control.Bd. Oct. 26, 2007) Statement of Reasons (“Statement of Reasons”) at 36.
Similarly, the trend of development along the Sanitary & Ship Canal is primarily
industrial and commercial uses. CAWS UAA at 3-3. MWRDGC, the largest landowner
along the Sanitary & Ship Canal, leases a majority of the land along the banks of the
Sanitary & Ship Canal to industrial users who do not support or encourage public or
pedestrian activities along the Sanitary & Ship Canal. CAWS UAA at 3-3.
The IEPA recognizes that the Sanitary & Ship Canal receives discharges from a
number of significant facilities. Statement of Reasons at 103. Further, the IEPA
acknowledges that thermal discharges are a noteworthy group of sources in the Sanitary
& Ship Canal, and that such dischargers include Midwest Generation electric generating
stations, grain processing facilities, and petroleum refineries.
Id.
Of note, the Fisk and
Crawford Midwest Generation electrical generating plants are located upstream from the
Argo Plant and discharge primarily heated non-contact cooling water into the Sanitary &
Ship Canal and the South Branch of the Chicago River just before its confluence with the
Sanitary & Ship Canal. Additionally, MWRDGC’s Stickney Wastewater Treatment
Plant discharges treated wastewater upstream from the Argo Plant. CAWS UAA at 3-3.
The MWRDGC Stickney Plant is MWRDGC’s largest wastewater treatment plant and
one of the largest in the world, with an average design flow of 1.2 billion gallons per day
5
(“BGD”) and a design maximum flow of 1.4 BGD. CAWS UAA at 3-3. In fact, on an
annual basis, municipal treatment plants contribute seventy percent of the total flow of
the Sanitary & Ship Canal. CAWS UAA at 1-6. Likewise, the two upstream power
plants can utilize up to 725.5 MGD collectively. IEPA Public Notice/Fact Sheets for
NPDES Permit No. IL0002178, Fisk Generating Station, April 1, 2007 and NPDES
Permit No. IL0002186, Crawford Generating Station, April 4, 2007. Thus, a large
percentage of the water in the Sanitary & Ship Canal has been used, in some cases
multiple times, and recycled. This water segment also receives combined sewer overflow
discharges which add additional extreme unpredictable transient impacts. CAWS UAA
at 3-2 – 3-3.
The unnatural creation of this water body (i.e. a channel carved through limestone
by human hands) and resulting steep walled/hard rock nature of the Sanitary & Ship
Canal creates a harsh aquatic environment with limited habitat as evidenced by the low
IBI scores. Statement of Reasons at 50. This is not unexpected as the harsh conditions of
an artificial water body such as this would naturally discourage colonization. The
physical habitat in the Sanitary & Ship Canal ranges from poor to very poor and thus
restricts the diversity of aquatic life supportable by the Sanitary & Ship Canal.
Attachment R: Analysis of Physical Habitat Quality and Limitations to Waterways in the
Chicago Area, Edward T. Rankin, p.11, 2005. Much of the bank along the Sanitary &
Ship Canal consists of vertical concrete or rock walls, or steep earth or rock slopes.
CAWS UAA at 3-3. Furthermore, an electric field barrier has been constructed in the
Sanitary & Ship Canal to prevent the migration of aquatic nuisance species into Lake
R08-9, Electronic Filing - Received, Clerk's Office, August 4, 2008
6
Michigan. CAWS UAA at 3-3. In addition to preventing the movement of nuisance
species, the barrier also blocks the movement of all species, both native and non-native
through the Sanitary & Ship Canal. CAWS UAA at 3-4. Taken from a biological
perspective, the Sanitary & Ship Canal therefore essentially terminates at the fish barrier.
Further, IEPA acknowledges that a balanced indigenous population of fish cannot be
attained in the Sanitary & Ship Canal in the foreseeable future. Testimony of Roy
Smoger, Jan. 28, 2008 Hearing Transcript at 116. Our consultant, Mr. James Huff will
testify about these biological aspects in greater detail.
The Board recognized the unique industrial character of the Sanitary & Ship
Canal when granting an adjusted standard to allow alternate thermal standards at three
electrical generating plants discharging into the Sanitary & Ship Canal, including the Fisk
and Crawford stations upstream from the Corn Products’ Plant.
See In the Matter of:
Petition of Commonwealth Edison Company for Adjusted Standard from 35 Ill. Admin.
Code §§ 302.211(d) and (e)
, AS 96-10 (Ill.Pol.Control.Bd. Oct. 3, 1996). In its
discussion of the environmental impact from the adjusted standard, the Board explained
that the Sanitary & Ship Canal is “greatly modified by use as a shipping channel with
habitat limited to deep pools without shallows, structure, riffles of suitable substrates.”
Id.
at 6. Further, the area is “heavily developed with industries” and the waterway is
“significantly modified” and “limited in terms of habitat.”
Id.
Finally, historical use of
the waterway has caused “substantial residual chemical contamination to be present in the
sediments.”
Id.
R08-9, Electronic Filing - Received, Clerk's Office, August 4, 2008
7
To conclude, it is abundantly clear that the Sanitary & Ship Canal is a unique
water body. It is an artificial water body created and designed to abate pollution while
serving a variety of industrial purposes. Corn Products believes that the Sanitary & Ship
Canal is not appropriate for recreational use because of its inherent design and function,
and as will be testified to by Mr. Huff, is capable of supporting only minimal aquatic life.
Because of these unique features, a separate designation such as a “use C” water is
needed to properly address the unique aspects of this water body.
Thank you for the opportunity to testify today.
* * *
CORN PRODUCTS INTERNATIONAL, INC. reserves the right to supplement
this pre-filed testimony.
Respectfully submitted,
CORN PRODUCTS INTERNATIONAL,
INC.
By:
/s/ Katherine D. Hodge
One of Its Attorneys
Dated: August 4, 2008
Katherine D. Hodge
N. LaDonna Driver
Monica T. Rios
Matthew C. Read
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
CORN:006/Fil/R08-9 Prefiled Testimony of Alan Jirik