BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

EXPERIENCE

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:

John Therriault, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph St., Suite 11-500

Chicago, IL 60601

Marie Tipsord, Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph St, Suite 11-500

Chicago, Il 60601

Deborah J. Williams, Assistant Counsel

Stefanie N. Diers, Assistant Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, IL 62794-9276

Persons included on the attached

SERVICE LIST

PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the

Pollution Control Board

PRE-FILED TESTIMONY OF DR. DAVID THOMAS

on behalf of

Environmental Groups, Environmental Law and Policy Center, Natural Resources Defense

Council, Prairie Rivers Network, Sierra Club – Illinois Chapter, Friends of the Chicago River,

and Openlands, a copy of which is herewith served upon you.

Respectfully Submitted,

Albert Ettinger

Senior Staff Attorney

Environmental Law & Policy Center

35 E. Wacker Dr. Suite 1300

Chicago, Il 60601

DATED: August 4, 2008

(312) 795-3707

Electronic Filing - Received, Clerk's Office, August 4, 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

)

TESTIMONY OF DR. DAVID L. THOMAS

Summary and Qualifications

My name is Dr. David L. Thomas. I have been asked to testify today on behalf of the

Environmental Law and Policy Center, Natural Resources Defense Council, Prairie Rivers

Network, Sierra Club – Illinois Chapter, Friends of the Chicago River, and Openlands in support

of the water quality standards regulations proposed by the Illinois Environmental Protection

Agency (“IEPA”) upgrading and updating the designated aquatic life uses of the Lower Des

Plaines River and the Chicago Area Waterway System (CAWS).

My testimony draws on over forty years of experience in the field of aquatic ecology,

Midwest fish populations, and thermal effects from power plant discharges and over ten years as

Chief of the Illinois Natural History Survey. I have reviewed the documents upon which IEPA

has based the aquatic life use designations in this rulemaking, and I believe that the updated

aquatic life use designations for the Lower Des Plaines River and the CAWS are appropriate.

I have experience conducting habitat studies and life history studies of various species of

fish on large rivers, including the Kaskaskia River (IL), the lower Delaware River and its

tributaries and estuary, and the tidal tributaries, bays, and inshore ocean along the New Jersey

Electronic Filing - Received, Clerk's Office, August 4, 2008

coast. In addition, I have seen much of the system subject to this rulemaking by boat. I have

attached a copy of my resume and a short biography as Exhibits 1 and 2.

II.

The Habitat in the Upper Dresden Island Pool is Sufficient to Minimally Attain

the Clean Water Act Goal

As an aquatic ecologist, I believe that it is sensible to determine the highest attainable

aquatic life use of a waterway by studying its physical habitat characteristics. I have evaluated

fish habitat using many of the parameters of the Qualitative Habitat Evaluation Index (QHEI)

and have reviewed how QHEI is being used in Ohio. I believe it is a sound methodology for

assessing physical habitat. I find it a reasonable conclusion that a QHEI score of 60 generally

indicates that a waterway can attain the Clean Water Act goal of a balanced indigenous

population of fish. I also understand the argument that a QHEI score of 45-60 is a range in

which waterways may be able to meet the Clean Water Act Goal, depending on the particular

characteristics of the area.

QHEI scores give a snapshot of the quality of the available habitat in the area measured,

but as with many forms of scientific data there is more to interpretation than simply looking at

the hard number generated by the scoring. One must consider the range of scores shown for an

area, the predominant habitat characteristics as well as the presence of various micro-habitats,

the factors that might be influencing QHEI scores and one’s knowledge of the species in the

system. Fish do not need a continuous stretch of good habitat to support life functions. Sunfish

and bass, for example, will seek out a firm bottom where they can build nest, spawn, and raise

their young.

The EA ichthyoloplankton data (IEPA Attachment LL) indicate that some of these species are spawning in Lower

Des Plaines waterways.

Electronic Filing - Received, Clerk's Office, August 4, 2008

I have reviewed the QHEI scores used by IEPA to propose the Upper Dresden Island

Pool Aquatic Life Use designation.

Scores that indicate a potential to attain the Clean Water

Act goal (i.e. scores above 45) seem to predominate, and a number of scores are above the

threshold of 60 that indicates locally good quality habitat. I agree with the statement in the

Lower Des Plaines River UAA report (Attachment A) that:

the significant Habitat Type effect suggests that habitat improvement in Upper and Lower

Dresden could result in improvement of fish communities. However, the significant

month effect raises the possibility that either temperature and/or oxygen are potential

factors that could be responsible for some of the observed patterns detected in the data.

Based on these scores and my review of the record in this case on habitat, fishes and

water quality of the Upper Dresden Island Pool, I believe the Upper Dresden Island Pool can

support a more balanced and diverse fish population. By reducing high temperature and low

dissolved oxygen stressors to the system, the fish community could be improved in terms of

species abundance and diversity. Temperatures present in the Upper Dresden Island Pool at

times during the summer are sufficient to cause avoidance and limit the carrying capacity of the

system.

Based on my experience with rivers and reservoirs with contaminated sediment, fish in

most of these systems show very little accumulation of heavy metals (with the exception of

mercury). The Hey report [Attachment A] stated that toxic metals do not appear to be a toxicity

problem with the exception of cadmium in the RM 286+ depositional zone.

While Burton, in

his 2003 review of the Lower Des Plaines River UAA Draft Report states that “depositional

sediments throughout the [Upper Illinois Waterway] are contaminated with levels of multiple

QHEI scores found in the Lower Des Plaines River Use Attainability Analysis report (Attachment A), the MBI

QHEI score summary (Attachment S, as amended in Exhibit 5) and the EA 2004 Lower Des Plaines River Fisheries

Investigation RM 274.4 – 285.5 and summarized in Exhibits 30 and 32 in this proceeding.

Hey and Associates, “Lower Des Plaines River Use Attainability Analysis Final Report” at 6-25 (December 2003).

. at 3-41.

Electronic Filing - Received, Clerk's Office, August 4, 2008

contaminants that, in many locations, pose a hazard to aquatic biota, wildlife and humans”, he

also goes on to state that despite the many stressors that exist in this waterway, a thriving fish

community exists which runs contrary to the UAA report predictions of lethality (in reference to

temperatures).

While there is no argument that contamination of the sediments is an issue, and

that organic contaminants may pose a particular food chain issue, I have not seen data that

demonstrates that sediment toxicity is a major factor limiting the aquatic life potential of this

system.

Furthermore, while it may be necessary in the future to remove sediment “hot spots” that

are deemed to pose potential environmental and human health effects, I agree with the Lower

Des Plaines River UAA Report that habitat improvement in upper and lower Dresden pool could

result in improvement of the fish community.

Physical habitat can be improved---basically any

structure added to water can improve habitat by providing structure for the growth of microbial

organisms and macroinvertebrates that can provide food to fish. Many structures will also

provide shelter and potential breeding habitat for some fish.

Existing Uses

I have also reviewed the Representative Aquatic Species Modified Use list that IEPA has

used to represent the Upper Dresden Island Pool, found in Chris Yoder’s Temperature Criteria

Options for the Lower Des Plaines River Final Report, Table 1 (Exhibit 15). All the species

listed under Modified Use have been found in the Lower Dresden pool. In fact, all but four of

the species listed under General Use category have been taken in this pool. Some 40 of these

species were collected in the Dresden pool by EA in 2004. Another 5 species were reported by

EA in collections going back to 1994. The white sucker, which is a temperature-sensitive

Attachment A, Comments (Appendix G), Burton, G. Allen, “Review of the Lower Des Plaines River Use

Attainability Analysis Draft Report” at 9-10.

Electronic Filing - Received, Clerk's Office, August 4, 2008

species, was collected in the Dresden pool every year since 1994. The logperch, also a

temperature-sensitive species, was collected fairly regularly in the pool (EA reported 126

specimens from 1994 through 2002 collections).

There is no question, based on the EA 1994 Ichthyoplankton Investigation (Attachment

LL), that spawning takes place in the Upper Dresden Island Pool. The EA study identified 73

potential spawning species in the Upper Illinois Waterway. A total of 21,789 larval and young-

of-the-year fish were collected, representing at least 48 species.

The authors stated that the

spawning and nursery conditions in Upper Dresden Pool were clearly superior to those in

Lockport and Brandon Pools, and they collected 37 species in the Dresden Pool.

III.

The CAWS Aquatic Life Use A Waters Can Support Early Life Stages of

Tolerant to Intermediately Tolerant Types

I believe these waterways could support tolerant or intermediately tolerant species,

including the early life stages of those species, based on my review of the habitat data used by

IEPA and my personal knowledge of the Chicago Area Waterway System. In fact, I would be

surprised if spawning does not currently take place in those reaches for those species that are

common in the waterways.

I have also reviewed the Representative Aquatic Species “Secondary Contact” list used

by IEPA to represent the CAWS-A waterways. All of the representative fish species for

Secondary Contact waters are found there.

In addition, all but six of the 27 species listed for

Hey and Associates [Attachment A] at 6-25.

Because a number of larvae were only identified to the genus or family level there were possibly as many as 62

species collected

Attachment B, CDM report on the Chicago Area Waterway System Use Attainability Analysis.

Electronic Filing - Received, Clerk's Office, August 4, 2008

Modified use waters were also found in one or more of the waterways.

The temperature

sensitive white sucker was found in the CSSC, North Branch and Cal-Sag Channel.

Respectfully Submitted,

Dr. David Thomas, Ph.D

Chief Emeritus INHS

Electronic Filing - Received, Clerk's Office, August 4, 2008

EXHIBIT 1

Biography

David L. Thomas received his BS in Zoology (1965) and MS in Ecology (1967) from the

University of Illinois. He received his PhD in Ecology and Systematics (1971) from

Cornell University.

From 1970 through early 1985, Dr. Thomas worked for two environmental consulting

firms and a Boston-based architect-engineering firm on various environmental projects.

From May 1985 through November 1997, Dr. Thomas was the Director of the Illinois

Waste Management and Research Center (WMRC), which is a Division within the

Illinois Department of Natural Resources (DNR). He oversaw all of the Center’s

activities, including its pollution prevention program and sponsored research program.

Dr. Thomas has been active both nationally and internationally in the area of pollution

prevention and sustainable development. He was on the first Governing Board for the

National Pollution Prevention Roundtable from 1990 to 1994 and was Chair of the Board

of Directors from October 1993 to September 1994. He represented the Roundtable on

EPA’s American Institute of Pollution Prevention (AIPP) from 1992 through 1996.

From December 1997 until February 29, 2008 when he retired, David Thomas was Chief

of the Illinois Natural History Survey, a Division within DNR and an affiliate agency of

the University of Illinois. The Survey is now a part of the Institute of Natural Sciences

and Sustainability at the University of Illinois. The Survey has some 400 scientists and

support staff doing research on and providing information related to the biota of Illinois.

Many of the studies conducted by Survey scientists are contributing to the wise

preservation, restoration, management, and utilization of natural resources in the state.

While at the Survey Dr. Thomas had significant involvement in issues related to exotic

invasive species. In 2000, he was non-federal co-chair for the Research and Information

workgroup for the National Invasive Species Advisory Committee. More recently he was

co-chair for DNR’s Invasive Species Working Group that addressed research,

management and control of invasive species within Illinois. He also served on the state’s

Aquatic Nuisance Species Steering Committee and worked on issues related to ballast

water and invasive species. He was also active on issues related to the restoration of the

Illinois River, including serving on the Science Advisory Committee to the Illinois River

Advisory Council, and the TNC Science Advisory Committee for restoration of

Emiquon. He chaired the American Fisheries Society committee which addressed the

Farm Bill 2002 that concluded with a Pending Legislation Opinion in the Nov. 2001 issue

of Fisheries. He has been an active member of the Steering Committee for Chicago

Wilderness and in mid-2000s became a board member for Chicago Wilderness Trust. He

also served on a number of other boards and advisory groups dealing with natural

resource issues in Illinois and the Midwest.

Aug. 2008

Electronic Filing - Received, Clerk's Office, August 4, 2008

EXHIBIT 2

From 1991 through 1995, Dr. Thomas represented the State of Illinois on DOE’s State and Tribal Government Working Group,

overseeing the activities of DOE to clean up contaminated federal facilities. Dr. Thomas has represented the State on

numerous other occasions. During November 9-10, 1988, Dr. Thomas was one of about 40 people brought to Washington,

D.C. to help USEPA develop its “Five Year Pollution Prevention Research Program.” This report went to Congress and

established EPA’s future research agenda in this area. In April 1987, Dr. Thomas was one of about 50 invited participants at a

USEPA workshop entitled, “Should EPA Develop a Clearinghouse on Clean-up Technologies.” Also, on October 16, 1990, Dr.

Thomas was one of about 20 invited participants at an EPA “Incubators and Test and Evaluation Facilities” workshop, designed

to determine how EPA might use fixed facilities such as the WMRC’s Hazardous Material Laboratory to promote research on

RESUME

David L. Thomas

EXPERIENCE

David L. Thomas was Chief of the Illinois Natural History Survey from December 1, 1997 to February 29, 2008 when he

retired. In September 2008 the Survey celebrated its 150

anniversary, and is the largest (a total staff of about 400) and best

known of the various state natural history surveys. From July 1995 through June 2008 it was a Division of the Illinois

Department of Natural Resources (DNR), but in July 2008 it became a part of the Institute of Natural Sciences and

Sustainability within the University of Illinois. Survey scientists conduct research on all aspects of the biota of Illinois and

have research projects that are nationally and internationally recognized. Major research areas include exotic invasive species,

watershed management, restoration ecology, wetlands, fish and wildlife management, effects of habitat fragmentation, and

economic entomology, to name a few. Many of the studies conducted by Survey scientists are contributing to the wise

preservation, management, and utilization of natural resources in the state. In addition, taxonomists at the Survey manage

biological collections of national significance.

Since coming to the Survey, Dr. Thomas has had significant involvement in issues related to exotic invasive species. In 2000,

he was non-federal co-chair for the Research and Information workgroup for the National Invasive Species Advisory

Committee. For the last few years before his retirement he chaired DNR’s Invasive Species Working Group that was

addressing research, management and control of invasive species within Illinois. He also served on the state’s Aquatic

Nuisance Species Steering Committee and worked on issues related to ballast water and invasive species. He has been active

River Advisory Council, and the TNC Science Advisory Committee for restoration of Emiquon. He chaired the American

Fisheries Society committee which addressed the Farm Bill 2002, that concluded with a Pending Legislation Opinion in the

Nov. 2001 issue of Fisheries. He has been an active member of the Steering Committee for Chicago Wilderness. In 2004 he

became a board member for the Chicago Wilderness Trust.

PRIOR HISTORY

Prior to joining the Survey, Dr. Thomas was Director of the Illinois Waste Management and Research Center from 1985

through November 1997. His responsibilities consisted of directing and managing all Center activities, which included five

major programs: research on significant hazardous waste problems in the state; information collection, analyses and

dissemination; industrial and technical assistance; data management; pollution prevention; and laboratory services. The latter

became a full service when WMRC’s Hazardous Materials Laboratory became operational in April 1990.

Dr. Thomas has represented DNR (and before 1996 the Department of Energy and Natural Resources) on the Illinois

Hazardous Waste Advisory Council and the Governor’s Pollution Prevention Advisory Council. He was also a member of

Argonne’s Hazardous Materials Program Advisory Committee in 1986, which examined the potential of a national hazardous

waste research center at Argonne National Lab. In the summer of 1990, Dr. Thomas was elected as a board member of the

National Roundtable of State Pollution Prevention Programs; in the fall of 1992, he became the Chairman of the Board.

During 1990 he also was selected as a board member of the non-profit Waste Reduction Institute for Training and Research in

Minneapolis, Minnesota. During 1992 and 1993, Dr. Thomas represented the State of Illinois as a member of the

Environmental Task Force for the National Council of State Legislators.

Electronic Filing - Received, Clerk's Office, August 4, 2008

innovative clean-up technologies. In December 1992, Dr. Thomas participated in a GAO expert panel session

on state

pollution evention program implementation and in a USAID workshop on Pollution Prevention, where he represented both

ment conferences in other midwestern states (Wisconsin,

Missour Indiana, Ohio, Michigan, and Kentucky). He was brought in as an outside expert to help them establish programs

rior to joining WMRC, Dr. Thomas worked 5 years as Senior Ecologist and Manager of the Ecological Sciences Group for

of aquatic

and terre rial ecology, forestry, watershed management, fisheries resource development, and the fate and toxicity of chemicals

Provided ecological input to an EIS for a proposed incinerator (RKI) in upstate New York;

r a town in

Massachusetts which was considering a proposed hazardous waste facility;

)

Determined the ecological effects of dredging and burying a 345kV transmission line under the Hudson

e New Jersey coast. The focus of many of the studies he was involved in dealt with

otential impacts on fish populations, including the effects of thermal effluents and cooling water intake systems. In addition,

s Manager of the Ecological Division of a Philadelphia based consulting firm, he directed the activities of over 80 scientists.

prepared numerous environmental reports for clients for submittal to such regulatory groups as USEPA, NRC,

nd the Army Corps of Engineers.

Ecology (1967)

niversity of Illinois

in Ecology and Systematics (1971)

ornell University

ERTIFICATION

ertified Fisheries Scientist, American Fisheries Society

his Illinois program and the National Roundtable of State Pollution Prevention programs. During he spring and summer

1995, Dr. Thomas was on a panel of experts discussing state pollution prevention and technical assistance programs before th

Congressional Office of Technology Assessment, and he submitted a 38-page paper on the Illinois program.

Dr. Thomas has participated in state-sponsored waste manage

Foundation Conferences related to pollution prevention. These meetings brought together recognized experts in the area of

pollution prevention to address future directions in this area.

Chas. T. Main’s Planning and Scientific Services Division. He was responsible for the Division’s efforts in the fields

in the environment. In regards to the latter area, he provided the following:

Reviewed all ecological issues and delineated the major environmental areas of concern fo

Studied the fate of toxic chemicals from an industrial facility located on the Catawba River in North

Carolina, including toxic effects of leachates on aquatic biota and food chain effects; and

River. Provided expert testimony before the Public Utilities Commission on both the environmental effec

of the disposal and dredging of bottom sediments, and addressed the potential effects of releases of PCBs

heavy metals and various organic compounds to the water.

Prior to joining MAIN, Dr. Thomas conducted fisheries and aquatic ecology studies of the Kaskaskia River in Illinois, the

Delaware River estuary, and the bays and inshore ocean along the New Jersey coast. He was Technical Director and Vice

President for a prominent environmental consulting firm conducting ecological evaluations for proposed and operating power

plants in Delaware Bay and along th

Dr. Thomas has

EDUCATION

Bachelor of Science in Zoology (1964)

Master of Science in

Doctor of Philosophy

Electronic Filing - Received, Clerk's Office, August 4, 2008

heries Society

e Advancement of Science

Management Society (past member)

erpetologists (past member)

atural Areas Association

ature Conservancy

isory to Illinois River Coordinating Council

and legislative requirement to appt. board members)

(board member)

ber)

of the Nation's Ecosystems report - Heinz Center (member)

Park Advisory Committee (member)

hicago Wilderness Trust Board (board member)

andscape Committee

teragency Committee on Pesticides (legislatively mandated)

erspective. Fisheries, 26(11): 36-38.

ry Survey. The Illinois Steward, 8(1): 9-16.

indsey, T., S. Neese, and D. Thomas. 1996. “Implications of Pollution Prevention for Water Pollution Control.” Water Quality

ase, L., L. Mendicino and D. Thomas. 1996. “Developing and Maintaining a Pollution Prevention Program.” pages 99-119 in

PROFESSIONAL AFFILIATIONS

Federation of Research Biologists (past member)

Life Member, American Fis

American Association for th

North American Lake

Water Pollution Control Federation

Society of Ichthyologists and H

National Audubon Society

American Institute of Biological Sciences

American Birding Association

COMMITTEES AND BOARDS

Illinois River Science Advisory Committee (member) - adv

Illinois Nature Preserves Commission (technical advisor

UIUC Arboretum Board of Directors

Allerton Policy Advisory Board (past board member)

Chicago Wilderness Steering Committee and Council (past INHS representative)

Aquatic Nuisance Species Steering Committee (member)

TNC Emiquon Science Advisory Committee (mem

DNR Invasive Species Team (chair)

Deer-Vehicle Collision Board of Directors (board member)

Non-Native Species Task Group for the State

Champaign County Board - River Bend

UIUC Sustainable L

Illinois River Basin Work Group (member)

TNC’s Science Advisory Committee

PUBLICATIONS

Thomas, D.L., et al. 2001. Farm Bill 2002: A discussion of the conservation aspects of the Farm Bill from a fisheries

Post, S.L. and D.L. Thomas. 1999. Illinois Natural Histo

Thomas, D.L. 1997. The Future of Pollution Prevention. EPA’s Pollution Prevention Report for 1996 (contributed paper).

International, March/April 1996, Oxford, UK, p.32-36.

Industrial Pollution Prevention Handbook

. Freeman, Harry M., ed. McGraw Hill, Inc., New York, NY.

Thomas, D.L. 1993. “Do We Believe in Pollution Prevention?” Pages 12-23 in

Shaping the Future of Pollution Prevention

ernment Services to Assist Environmental Compliance.” pages 931-995 in Proceedings of

e Illinois Environmental Regulatory Conference, Institute of Business Law, Chicago, IL.

Nashville, TN, Proceedings of the National Roundtable of State Pollution Prevention Programs.

Thomas, D.L. 1993. “No Cost Gov

Electronic Filing - Received, Clerk's Office, August 4, 2008

homas, D.L., G.D. Miller, J. Peden, and T. Lindsey. 1993. “Pollution Prevention Research at the Hazardous Waste Research

n Liebert, Inc. Publ. 9 (1): 97-111.

zardous

homas, David L. 1992. “Do we really believe in pollution prevention.” The Engineering Foundation Conference, Pollution

ry D. Miller and Daniel D. Kraybill. 1991. “Illinois’ Program to Promote Pollution Prevention.”

roceedings of the Fourth Annual Hazardous Materials (HazMat) Management Conference/Central, Rosemont, Illinois, April

lewa, M.J., R.A. Minear, D. Ades-McInerney, D.L. Thomas, and G.D. Miller. 1989. A Computerized Degree of Hazard

and Information Center.” Pages 589-602. In Proceedings of the Sixth Annual Environmental Management and Technology

Conference/Central, Chicago, IL.

Thomas, David L. and Gary D. Miller. 1992. “Using Existing Hazardous Waste Databases: Limitations and Future Needs.”

Hazardous Waste and Hazardous Materials, Mary An

Thomas, David L. and Gary D. Miller. 1992. “Illinois’ Program to Promote Industrial Waste Reduction.” Journal of Ha

Materials 29: 199-235, Amsterdam.

Prevention – Making It Happen. Santa Barbara, CA.

Thomas, David L., Ga

Assessment for Evaluation of Wastes: An Innovative Aid to Management of Residuals. Water Science Tech., Vol. 21, Great

Britian, pp 821-831.

Kraybill, D.D. and D. L. Thomas. 1988. Waste Audits and the Reduction of Liability for Small Businesses. in

Proceeding

the HAZMAT Central >88 Conference, Chicago, Illinois.

s of

raybill, D.D. and D.L. Thomas. 1988. Waste Reduction in Illinois: An Overview. in Proceedings of the 42

Industrial Waste

homas, D.L., D.D. Kraybill and G.D. Miller. 1987. A Waste Reduction Program and Assessment of Current Status for

homas, D.L., G.D. Miller, and J.M. Kamin. 1987. Hazardous Waste Management: The Illinois Approach. pp. 265-281, in

Conference, May 12-14, 1986; Purdue University, West Lafayette, Indiana; Lewis Publishers, Inc., Chelsea, Michigan.

Illinois, pp. 740-949. In DeWaal, K.J.A. and W.J. Van Den Brink. Eds. Environmental Technology. Proc. Second European

Conference on Environmental Technology, Amsterdam, The Netherlands, Martinue Nijoff Publishers.

Karen B. Levitan Ed., Government Infostructures

, Greenwood Press, Westport, Connecticut.

Doll, F.L., D.D. Kraybill, and D.L. Thomas. 1987. Illinois Hazardous Waste Research and Information Center: Development

f an Industrial and Technical Assistance Program. pp. 357-364, in Proceedings of the 41

Industrial Waste Conference, May

homas, D.L., G.D. Miller, D.D. Kraybill. 1987. “A Waste Reduction Program and Assessment of Current Status for Illinois.”

13-15, 1986; Purdue University, West Lafayette, Indiana; Lewis Publishers, Inc., Chelsea, Michigan.

Proceedings of the National Conference on Hazardous Wastes and Hazardous Materials; 1987 March 16-18; Washington, DC:

U.S. Environmental Protection Agency. 402-406

Tatham, T.R., D.L. Thomas and D.J. Danila. 1984. “Fishes of Barnegat Bay” pages 241-301 in M.J. Kennish and R.A. Lutz

(eds.). Ecology of Barnegat Bay, New Jersey

. Springer-Verlag, Heidelberg, West Germany. 1984.

Thomas, D.L. 1981. “Comparative Ecology of Drums from the Delaware River Estuary,” in Marine Recreational Fisheries, 6

Sport Fishing Institute, Washington, DC. 1981.

commendation for Ocean

hermal Energy Conversion (OTEC) Plants,” Argonne National Laboratories.

arine

Thomas, D.L. 1979. “A Review of Water Intakes Screening Options for Coastal Water Users with Re

Thomas, D.L. 1978. “Sport and Commercial Fisheries Near the Proposed Atlantic Generating Station,” Atlantic States M

Fisheries Commission.

Electronic Filing - Received, Clerk's Office, August 4, 2008

ire Screens for OTEC,” U.S. Department of Energy.

enerating Station.” pages 235-244, in L.D. Jensen, Ed., Fourth National Workshop on Entrainment and Impingement.

n Decisions Affecting Fish and Wildlife Resources,” Fish and Wildlife

ervices/Office of Biological Services. 1978.

L. Thomas. 1978. “Use of Chlorine to Control OTEC Biofouling,” Pergamon Press, Ltd., Ocean Engineering.

rsey

d., Third National Workshop on Entrainment and

pingement, Ecological Analysts, Inc., Melville, NY.

he New Jersey Coast. Chesapeake Science, Vol. 17. No.

, p. 198-204.

drum, Pogonias cromis

Thomas, D.L. 1978. “Potential Use of Profile-W

Tatham, T.R., D.L. Thomas, and G.J. Miller. 1978. “Survival of Fishes and Macroinvertebrates Impinged at Oyster Creek

Ecological Associates Communication, Melville, NY.

Co-Author, “Electric Power Generation and Transmissio

Fava, J. and D.

Thomas, D.L. and G.J. Miller. 1977. “Impingement Studies at the Oyster Creek Generating Station, Forked River, New Je

from September to December 1975". Pages 317-342, in L.D. Jensen, E

Milstein, C.B. and D.L. Thomas. 1976. Fishes New or Uncommon to t

Thomas, D.L. and B.A. Smith. 1973. Studies of young of the black

, in low salinity waters of the

elaware Estuary. Chesapeake Science, Vol. 14, No. 2, p. 124-130.

he Early Life History and Ecology of Six Species of Drum (Sciaenidae) in the Lower Delaware River, a

rackish Tidal Estuary. Ichthyological Associates, Bull. No. 3, 247p.

Thomas, D.L. 1971. T

Thomas, D.L. 1970. An Ecological study of four darters of the genus Percina

(Percidae) in the Kaskaskia River, Illinois.

linois Natural History Survey Biological Notes No. 70. 18pp.

ndication of some

f the topics covered. Since 1997 he has given about 3 presentations a year, including a few keynote addresses:

ctober 1995 – 20 Governor’s Conference on the Environment in Lexington, KY, “A look to the future of environmental

une 1999 – Florida Pollution Prevention Roundtable, Keynote Address: “Building a Sustainable Future”

ent talks have dealt with invasive species issues and some examples are given below:

ept. 2001 – International Ballast Technology Investment Fair, “Overview of global aquatic invasive species problems”.

posium, “Illinois Invaded”.

estimony before the Illinois Pollution Control Board, Dissolved Oxygen Standards, August 12, 2004

estimony before the Illinois Pollution Control Board, Outstanding Resource Waters (ORWs),

PRESENTATIONS

From 1985 through 1997, Dr. Thomas averaged about 6-10 presentations a year. The papers above give an i

protection”

April 1999 – National Pollution Prevention Roundtable, Wash. DC, “Building a Sustainable Future: The Chicago Wilderness

Model”

A number of rec

March 2001 – Illinois Renewable Natural Resources Conference, “Illinois’ Invasive Species Program”.

April 2003 – Keynote address, Illinois State Academy of Sciences, Illinois Invasive Species Sym

TESTIMONY

David L. Thomas and Kevin S. Cummings. March 2001

Electronic Filing - Received, Clerk's Office, August 4, 2008

Before the Illinois General Assembly’s select Joint Committee for the Remediation of Hazardous Waste in the Lake Calumet

Area - Testimony on HWRIC’s Lake Calumet Studies. August 25, 1988.

Before the Illinois Pollution Control Board - Comments on the Special Waste Categorization Project. May 26, 1987.

efore the Illinois Pollution Control Board - Comments on the Illinois State Chamber of Commerce’s (ISC) proposed

fore Federal Energy Regulatory Commission (FERC). He helped develop testimony,

chnical position papers, literature support, and hearing support for environmental witnesses. He was involved in the writing

f technical arguments for the initial rebuttal and reply briefs. In conjunction with the Prattsville Project, Dr. Thomas provided

re the State of New York Energy Planning Board on the environmental compatibility of pumped-storage

rojects and the maintenance of fisheries resources.

or the Marcy-South transmission line project, Dr. Thomas testified on the environmental effects of dredging and disposal of

pecies. Of particular concern were the potential effects of PCB’s and heavy metals in the

ediments and leaks of dielectric fluid.

ROFESSIONAL HISTORY

ecember 1997 to date

amendments to Chapter 7 and 9, R84-17, Docket B, 7 pages plus attachment, June 16, 1986.

1981-1984 - As senior ecologist at Chas. T. Main Inc., for the Prattsville Pumped Storage Project, Dr. Thomas was involved

all aspects of the environmental case be

testimony befo

numerous marine and estuarine s

LECTURER

Laboratory Instructor for Advanced Ichthyology and Biology of Fishes at Cornell University.

Illinois Natural History Survey

Chief

- Directs and manages the scientific research, monitoring and education and outreach

programs of the Survey. The mission of the Survey is to “investigate and document the biological resources of Illinois and

other areas, and to acquire and provide natural history information that can be used to promote the common understanding,

conservation, and management of th

ese resources.”

ber 1997

gement and Research Center (formerly the Hazardous Waste

enter)

May 1985 to Decem

Illinois Waste Mana

Research and Information C

Director

- Directs and manages all Center activities including its five major programs:

Research, Information Services, Industrial and Technical Assistance, Data Management, and Laboratory Services. Assures

that the Center is addressing hazardous-waste issues of most importance to the State and is coordinating its efforts with state

and federal agencies and scientists.

1979 to May 1985

Chas T. Main, Inc.

Boston, Massachusetts

Manager, Ecological Sciences Group

- Provides a review function, impact evaluation, and

quality control for a variety of projects including the following: small hydro, tital power, transmission right-of-ways, and a

variety of overseas jobs including hydro development projects and power siting studies.

Senior Ecologist

- Responsible for all ecological work and the coordination of this

with MAIN’s engineering and licensing efforts for the Power Authority of the State of New York’s Prattsville Pumped Sto

Project. Provided back-up and support for MAIN’s Ecological Co

work

rage

nsultant for field studies, data analysis, and hearings.

repared responses to regulatory agencies and helped develop the Brief, discovery requests, and cross examination questions.

lop the miti ation pr

rk.

Helped to deve

ogram for the Prattsville Project, New Yo

Electronic Filing - Received, Clerk's Office, August 4, 2008

Provided environmental input related to various design features for Public Service Electric and Gas Company of New Jersey,

for the Merrill

Creek Water Storage Project. Reviewed environmental reports prepared for the project. Provided data

terpretation, and helped prepare licensing documentation for environment reports. Provided technical review for all

nvironmental reports, qua

978 to 1979

Radiation Management Corporation

General Manager, Ecological Division

lity assurance for aspects of field work, and assisted in impact evaluations for proposed fossil

stations and combustion turbines for Buckeye Power, Inc., Ohio.

Philadelphia, Pennsylvania

- Directed the activities of over 80 scientists at three

and Philadelphia Electric Company,

ennsylvania.

regional laboratories doing ecological studies for Delmarva Power and Light, Delaware

Consultant - Argonne National Laboratories

- Consulted on the use of ocean water intake

systems and environmental and biofouling problems for Department of Energy’s Ocean Thermal Energy Conversion (OTEC)

program.

1970 to 1978

Ichthyological Associates, Inc.

Absecon, New Jersey

Vice-President; Member - Board of Governors

1975 to 1978

Technical Director, Atlantic Projects

- Responsible for projects conducted along the New

cluding 316b studies for fossil stations on the Raritan River for Jersey Central Power and Light; 316a and 316b

976 to 1978

Frederick R. Harris and Gilbert Associates

Washington, DC

Jersey coast, in

studies plus general environmental studies for Public Service Electric and Gas Company of New Jersey, Atlantic Generating

Station.

Consultant

- Consulted on biofouling and environmental problems associated with potential

- Responsible for environmental input on a study for the Fish and Wildlife

ervice, Office of Biological Services, on electric power generation and transmission decisions affecting fish and wildlife

971 to 1975

resources.

Project Leader

- Responsible for environmental research and technical reports for mar

studies for Public Service Electric and Gas Company of New Jersey for their proposed Atlantic G

- Conducted research on fishes for Public Service Electric and Gas,

alem Nuclear Generating Station, New Jersey.

966 to 1967

Illinois Natural History Survey

Champaign, Illinois

Technical Assistant and Project Assistant

- Conducted research on fish, benthos, and

vertebrate drift of the Kaskaskia River, Illinois for the Aquatic Biology Section of the Survey.

Electronic Filing - Received, Clerk's Office, August 4, 2008

STATE OF ILLINOIS

)

COUNTY OF COOK

)

PROOF

OF SERVICE

I, Albert Ettinger, on oath state that I have served the attached

PRE-FILED

TESTIMONY OF DAVID THOMAS

via U.S. Mail, first class postage prepaid, from 35 East

Wacker Drive, Illinois to All Counsel

of Record on the attached Service List, on this 4

35 E. Wacker Drive, Suite 1300

Chicago,

60601

Subscribed and sWFreme

OFFICIAL

SEAL

Notlry Public, Stlte of

illinoIs

Commi•• lon

Expires

Seplember 11,

201

Electronic Filing - Received, Clerk's Office, August 4, 2008

SERVICE LIST R08-09

Marie Tipsord, Hearing Officer

Illinois Pollution Control Board

100 West Randolpl~ St

Water Reclamatiol~ District

Chicago, IL 60606-1 698

1 Nortll Grand Avenue

Springfield, IL 62794-9276

Springfield, IL 62705-5776

Clicago, IL 60601-7567

92 1 E. Washington St

Joliet, IL 6043 1

Keith Harley

Elizabeth Scherzlcier

Clicago

Legal Clinic, Inc.

205 West Monroe Street

4"' Floor

Clicago, IL 60606

Frederick Keady

Verrnillion Coal Company

Naval Training Center

2601A Paul Jones St

Great

Lalces, IL 60088-2845

W.C. Blanton

Blackwell Sanders LLP

American Bottoms Road

Sauget,

IL 62201

Electronic Filing - Received, Clerk's Office, August 4, 2008

James L. Daugl~erty

Thorn Creelc Basin Sanitary District

700 West End Avenue

Clicago Heights, IL 604 1 1

American Water Company

2601 South Fifth Street

Springfield, IL 62703

Irwin Polls

Ecological Monitoring and Assessment

9 15 Harger Road, Suite 330

Illinois Department of Natural Resources

One

IVatural Resource Way

Chicago, LL 60606-6404

Springfield, IL 62702

Ann Alexander

Natural Resources Defense Council

Office of Intergovernmental Affairs

121 North

LaSalle Street, Room 406

Chicago, IL 60602

Traci

Barldey

Prairie Rivers Networlcs

1902 Fox Drive, Suite 6

71 South Waclcer Drive

Chicago,

L

60606

Electronic Filing - Received, Clerk's Office, August 4, 2008

Robert VanGysegl~em

City of Geneva

1800 South St

Geneva, IL 60 134-2203

of the Attorney General

Environmental Bureau North

69 West Washington Street

Metropolitan Water Reclamation District

Chemical Industry Council of Illinois

2250 .E. Devon Ave

Suite 239

Des Plaines, IL 6001 8-4509

Chicago, IL 6060 1-7447

Bob Carter

Bloomington

Norma1 Water Reclamation

PO Box 3307

Bloomington, IL 6 1702-3307

Tom

Muth

Fox Metro Water Reclamation District

682 State Route 3 1

Oswego, IL 60543

Kennetl~ W. Liss

Andrews Environmental Engineering

3300 Ginger Creek Drive

Springfield, IL 627 1 1

Evanston Environmental Board

of Lt. Governor Pat Quinn

Room 41 4 State House

Springfield, IL 62706

Electronic Filing - Received, Clerk's Office, August 4, 2008