EXHIBIT
LIST
,_,
SEP
29
08
IN THE
MATTER OF:
)
1
11
4
/
7
,FILLINOjS
WATER QUALITY
STANDARDS
AND
)
R08-9
EFFLUENT
LIMITATIONS
FOR
THE
)
(Rulemaking
- Water)
CHICAGO
AREA
WATERWAY
SYSTEM
)
AND LOWER
DES PLAINES
RIVER
)
PROPOSED
AMENDMENTS
TO
35
ILL.
)
ADM.
CODE
301, 302, 303,
and 304
)
Exhibit
1
Prefiled testimony
of Rob
Sulski
Exhibit 2
Prefiled testimony
of Scott Twait
Exhibit
3
Prefiled testimony
of Roy Smogor
Exhibit
4
United
States
Environmental
Protection Agency
letter
from Linda
Holst
to Toby
Frevert of the Illinois
Environmental
Protection
Agency, dated
May 3, 2007
Exhibit 5
Appendix Table 1 .QHEI
metric
scores for stations
sampled
in the Illinois
and
DesPlaines Rivers
during 2006
Exhibit
6
Table
2.
QHEI scores
and
metric values for
sites sampled
in the Des
Plaines
&
Illinois Rivers
by MBI in
2006
Exhibit
7
MBI
Qualitative Habitat
Evaluation
Index
Field
Sheet
QHEI Score
(contains 23
pages)
Exhibit
8
“Quality
Assurance
Project Plan:
Fish Assemblage Assessment
of the
Lower
Des
Plaines River”
Effective
Date
July 1,
2006,
Center
of Applied Bioassessment
&
Biocriteria
P.O. Box
21561 Columbus,
OH 43221-0561
Exhibit
9
Publication:
HERALD-NEWS,
Publication
date: 8/19/2002
“Fishennen
died
by
drowning”
Exhibit
10
Three Rivers
Manufacturers’
Association
letter
to
Toby Frevert dated
June 6,
2003
Exhibit
11
United
States Environmental
Protection
Agency
MEMORANDUM
on
“Improving
the
Effectiveness
of the Use Attainability
Analysis
(UAA) Process”
from Ephraim
S. King to Regional
Water
Division
Directors.
Dated March
13,
2006
Exhibit
12
“Review
of ‘Technical
Memorandum
1 WQ-Disingection
Evaluation
Prepared
on
Behalf
of the
Metropolitan
Water
Reclamation
District of Greater
Chicago”
Prepared for
United States Environmental
Protection
Agency
by Science
Applications International
Corporation
Exhibit
13
Prefiled
testimony
of
Chris
0.
Yoder
Exhibit
14
Curriculum
Vitae of
Chris Yoder
Exhibit 15
“Temperature
Criteria
Options
for
the Lower
Des Plaines
River”
Final Report
to
United
States
Environmental
Protection
Agency
and Illinois Environmental
Protection Agency
by
Chris Yoder
and Edward
Rankin
Exhibit
16
“Re-evaluation
of the
Technical
Justification
for Existing Ohio
River Mainstem
Temperature
Criteria”
Chris
Yoder, Brian Armitage
and Edward
Rankin
Exhibit
17
“Thermal
Discharge
form a Nuclear
Power
Plant:
Predicted Effects
on Lake
Erie
Fish”
Jeffrey
Reutter
and Charles
Herdendorf
Exhibit 18
Pages 2-98
through
2-102
from the
Lower
Des
Plaines Use Attainability
Analysis
(Attachment
A
to proposal)
Exhibit
19
Table 1. Number,
CPE (no.1km)
and
Relative
Abundance of all
Fish Taxa
Collected
Electrofishing
from the Lower Dresdan
Pool
Exhibit
20
MBI Fish Data
Sheet
(contains
35
pages)
Exhibit
21
Table 1 Boat
lET
scores
and metrics
at
boat sites in
the Des Plaines River
sampled
byMBI
during 2006
Exhibit 22
R08-9 Illinois
Pollution
Control Board hearing
Question
for the Illinois
EPA
(2-1-
08)
Exhibit 23
“Illinois
Waterway
Navigation
Charts”
Map Nos. 94-114.
Exhibit 24
“White
Sucker
(Catostomus
commersoni)
Embryo Development,
and Early
Growth and Survival
at Divergent
Temperatures”
by
J.
Howard McCormick,
Bernard
R.
Jones and
Kenneth
E.F. Hokanson
Exhibit
25
Map entitled
“Chicago Area
Waterway
System and
Des
Plaines River
UAA
Segments”
Exhibit
26
Map entitled
“Proposed
Aquatic
Life
Use Designation”
Exhibit
27
Map entitled
“Proposed
Recreational
Use Designation”
Exhibit
28
Metropolitan
Water Reclamation
District
of Greater
Chicago table entitled
“Total
Number
of Fish
Collected
from
Each Sampling Station
in the Chicago
Area
Waterway
System
form 2001 through
2005 as part
of the ambient
Water
Quality
Monitoring Program”
Exhibit 29
UAA Factor
Application
to the Lower
Des Plaines River and
CAWS
Exhibit
30
U.S.
AnTly
Corps of Engineers
Maps
of
Illinois Waterway,
Map Nos. 109,110,
111
Exhibit 31
Illinois
Department
of Natural
Resources
Lake
Michigan Tributaries
Fish
Population
Survey, July
27-31,
2006
Exhibit
32
Qualitative
Habitat Evaluation
Index
Scores in the
Upper Dresden Island
Pool
of
Des Plaines
River
Exhibit
33
Edits to
the Lower Des
Plaines
UAA
(Attachment A to
the IEPA’s
Statement
of
Reasons)
Exhibit
34
Information
on Impaired
Segments of
the
Lower Des
Plaines River and
the
CAWS
Exhibit
35
“Evaluation
and Development
of
Large
River
Biological Assessment
Methods
and
Standardized
Protocols
for
Region
V”
by Rob Tewes, Erich
Emery, and
Jeff
Thomas
Exhibit
36
Meeting
Minutes
from the Lower
Des Plaines
River Workgroup
and the
CAWS
Stakeholders Group
Exhibit 37
Compact disc titled
“Yoder CD”
Exhibit 38
Metropolitan Water
Reclamation
District
of Greater Chicago, Research
and
Development Department
Report
No. 03-20 “Comparison
of Fecal Coliform
concentrations
and
Trends
in
Two
Urban Rivers:
The Chicago
Sanitary
and
Ship
Canal and The Des
Plaines
River”
October 2003
Exhibit 39
Metropolitan Water
Reclamation
District
of Greater
Chicago,
Research and
Development
Department
Report
No.
04-10
“Estimation of the
Escherichia
Coli
to Fecal Coliform
Ration in Wastewater
Effluents
and
Ambient
Water of
the
Metropolitan Water
Reclamation
District
of Greater Chicago”
July 2004
Exhibit 40
Chart titled
“Illinois Department
of Natural
Resources
DuPage River Basin
Survey Stations
Exhibit 41
Chart
titled
“Illinois Department
of Natural
Resources
Fish
Community
Sampling
Results
and
Index
of
Biotic Integrity
(ff1),
2003
Des
Plaines Basin
Survey
-
mainstream
stations”
Exhibit
42
Chart
titled
“Illinois
Department
of Natural
Resources
Fish
Community
Sampling
Results
and Index
of Biotic
Integrity (IBI),
2003
Des Plaines
Basin
Survey
-
tributary
stations
(includes
data
from
2002
surveys)”
Exhibit
43
Chart
titled
“Illinois
Department
of Natural
Resources
- Fisheries
Division
Kankakee
River
Fish Population
Survey Results
- July,
2005”
Exhibit
44
“The
Des Plaines
River:
Monitoring
the Fish
Resources
of an
Urban River
(1978-
1990) by
David M. Day
August
12, 1991
Exhibit
45
Table
with
headers “Name”,
“10-Digit
HUC”,
“IEPA
Basin”, “Assessment
Unit
ID”,
“Size (miles)”,
“Cat.”,
“Designated
Uses/Attainment”,
“Causes”,
“Sources”
Exhibit
46
Compact
Disc
titled “MWRDGC
continuous
DO and
temp
data
for selected
CAW
stations”
Exhibit
47
Group of
letters
from
Metropolitan
Water
Reclamation
District
of Greater
Chicago
starting
with
letter
to
Michael
Garretson,
dated
August
18, 2006
on
reported fish
kills
Exhibit
48
Group
of
tables
beginning with
table titled
“Metropolitan
Water
Reclamation
District
of Greater
Chicago
Ambient
Water Quality
Monitoring
Program
Sample
Stations”
Exhibit 49
Letter
to Toby Frevert
of IRPA
from Linda
Holst
USEPA
dated
May
3, 2007
Exhibit 50
Draft
comments
from Midwest
Generation
dated
02/12/07 at
bottom
Exhibit 51
Metropolitan
Water
Reclamation
District
of Greater
Chicago
Comments
on JEPA
Chicago
Area Waterways
Use
Attainability
Analysis
Draft
Standards
dated
March
16,
2007
Exhibit
52
IEPA
document
titled “Chicago
Waterway/Lower
Des Plaines
River UAA
Major
issues
related
to comments
from
March
20, 2007
meeting
in
Joliet
Exhibit
53
Environmental
Law & Policy
Center
comments
to Toby Frevert
on Use
Attainability
Analyses
for
the
lower
Des Plaines
and the
Chicago Waterway
System,
dated
April
6,
2007
Exhibit
54
email
from Phillip
Moy to
Toby
Frevert
dated
3/23/2007
Exhibit 55
Alliance for
the Great
Lakes
“Protecting
Public Health,
Caring
for Chicago’s
Waters”
Exhibit
56
Group
of documents
with email cover
sheet
from
Deana Poe
to CAWS UAA;
UAA
- Des Plaines
dated January 26,
2007.
Exhibit
57
“Reconnaissance
Report
Great
Lakes Navigation
System
Review Appendix
D
Chicago Sanitary
& Ship
Canal” Army
Corp of Engineers,
June 2002
Exhibit
58
Settlement
Agreement
between
Natural
Resources
Defense
Council and
USEPA,
and the
National
Association
of Clean Water
Agencies
Exhibit 59
Letter
from Louis
Kollias,
Director Research
and Development,
MWRDGC,
to
Marcia Willhite,
Bureau
Chief, JEPA,
dated September
5, 2008
Exhibit
60
Prefiled Testimony
of Richard
Lanyon
Exhibit
61
Attachment
1
Openlands
Questions, color
photos
Exhibit
62
Prefiled Testimony
of William
J.
Stuba
Exhibit
63
Table
entitled “Annual
Summaries
of
Recreational
Activities
Observations”
Exhibit
64
Trip
Log
dated
7-16-08, Patrol CAL
DO NPDES
Exhibit
65
Prefiled Testimony
of Samuel
G.
Dennison on Recreational
Designations
Exhibit
66
Color Photo of
Barge on
Calumet-Sag
Channel
looking west from
104th
Street
Bridge
Exhibit
67
email from Fredric
Andes
to Marie
Tipsord and
Susan Hedman
listing links
to
MWRDGC’s
2007
and
2008
budget books
Exhibit
68
Prefiled
Testimony
of Chriso Petropoulou
Exhibit 69
Prefiled
Testimony
of Charles P.
Gerba
Exhibit70
Prefiled
Testimony
of Keith Tolson
Exhibit 71
Report prepared
for
MWRDGC
by
Geosyntec
entitled “Dry and
Wet Weather
Risk
Assessment
of Human
Health Impacts
of
Disinfection
vs. No
Disinfection
of the Chicago
Area Waterways
System”
April
2008
Exhibit 72
“Dry Weather
Risk Assessment
of Human
Health
Impacts
of Disinfection vs.
No
Disinfection
of the Chicago
Area Waterways
System” Review
conducted
fro
US
EPA Region
5, Office of Water
Exhibit
73
Compact
Disc
titled USEPA
Correspondence
Exhibit
73a
Compact
Disc that
is attachments
to USEPA
Correspondence
Exhibit
74
“Health
Effects
of
white-water
canoeing”
by L.
Fewtrell
et
al, from
The Lancet
dated
June
27, 1992
(cover
page)
Exhibit
75
Table
1 entitled
“Illnesses
acquired
by ingestion
of
water”
Exhibit
76
Report
prepared
for
MWRDGC
by
Geosyntec
entitled
“Interim
Phase
I Dry
Weather
Risk
Assessment
Human
Health
Impacts
of
Disinfection
vs.
No
Disinfection
of the Chicago
Area
Waterways
System”
November
2006
Exhibit
77
Compact
Disc
entitled
“Appendices”
“Dry and
Wet
Weather
Risk
Assessment
of
Human
Health
Impacts
of
Disinfection
vs.
No Disinfection
of the
Chicago
Area
Waterways
System” April
2008
Exhibit
78
Cover
page
and one page
excerpt
from “Environmental
Microbiology”
by
Maier,
Pepper,
and Gerba
Exhibit
79
“The
Health
Effects
of Low-Contact
Water
Activities
in
Fresh and
Estuarine
Waters”
by
Fewtrell
et al.
February
1994
Exhibit
80
“Bathroom
research
reveals surprising
data”
by
Amanda
Riddle
June
11, 1997
Exhibit
81
MSNBC.com
Interview
“Is
your
workplace
a
bacteria
cafeteria”
Feb.
16, 2005
Exhibit
82
Openlands
Attachment
1
to
Prefiled
Question
of
Keith Tolson,
color
photo
Exhibit
83
“Lease Amendment
Agreement
Ronan Park
Expansion”
September
19, 1990
Exhibit
84
Table
entitled
“Summary
of
Recreational
Season (Chlorinate/Dechlorinated)
Effluent
Fecal
Coliform
May
1
through
October
31”
Exhibit 85
Compact Disc
entitled
“Raw Data”
Exhibit 86
USEPA
Document
entitled
“Ambient
Water Quality
Criteria
for
Bacteria
- 1986”
EPA44O/5-84-002
(January
1986).
Exhibit
87
Color
Photo
of two-person
Jet Ski
Exhibit
88
September
12,
2008 letter
from Chriso
Petropoulou
of
Geosyntec
to
Thomas
Granto
of Metropolitan
Water
Reclamation
District
of Greater
Chicago
Exhibit
89
September
22,
2008
letter
from Chriso
Petropoulou
of Geosyntec
to Thomas
Granto
of
Metropolitan
Water
Reclamation
District
of
Greater
Chicago
Exhibit
90
September
22,
2008
letter from
Louis
Kollias
of Metropolitan
Water
Reclamation
District
of
Greater
Chicago
to Marcia
Wilhite
of
the Illinois
Environmental
Protection
Agency
Exhibit
91
Twelve
tables beginning
with
“Jan.
2005
Daily
Precipitation
Counts
(inches)”
one
table
for
each
month
Exhibit
92
Eight tables
beginning
with
“Jan.
2006
Daily
Precipitation
Counts
(inches)”
one
table
for
each
month
through
October
Exhibit
93
Prefiled
testimony
of Earnest
R.
Blatchley
III,
with
attachments
included
on
compact
disc
Exhibit
94
California
Health
Laws
Related
to Recycled
Water
“The
Purple
Book”
Excerpts
from
the
Health
and Safety
Coed,
Water
Code
and
Titles
22
and 17
of
the
California
Code
of
Regulations
June
2001
Edition
Exhibit
95
Color
Chart entitled
“Facility
D - -St.
Petersburg
2°
without
Nitrification;
Filtration”
Exhibit
96
Article
entitled
“Wedeco
Wins
Order
In
Munich”
Exhibit
97
Article
entitled
“Rinsend
(SBR)
Wastewater
Treatment
Plant Overview”
Exhibit
98
Article
entitled
“Effects
of
Disinfectants
on Wastewater
Effluent
Toxicity”
by
Earnest
R.
Blatchley
III et
al. Pergamon
1997
Exhibit
99
Article
entitled
“Effect
of
Wastewater
Disinfection
on
Human
Health”
by
Earnest
R.
Blatchley
III
Exhibit
100
Prefiled
testimony
of
Samuel
Dorevitch
with
compact
disc
of
attachments
Exhibit
101
“Health
Effects
of white-water
canoeing”
by
L.
Fewtrell
et al,
from The
Lancet
dated June
27,
1992
(complete
copy)
Exhibit
102
Article
entitled
“Bacteriophages
are a
Better
Iiidicator
of
Illness
Rates
than
Bacteria
Amongst
Users
of
a
White
Water
Course
Fed
by
a Lowland
River”
by
J.V.
Lee et
al. Pergamon
1997
Exhibit
103
Article
entitled
“A
Probabilistic
Risk
Assessment
of
Cryptosporidium Exposure
Among
Baltimore
Urban
Anglers”
by
Jennifer
D. Roberts
et
al. Journal
of
Toxicology
and
Environmental
Health,
Part
A
(January
1, 2007)
Exhibit
104
Article
entitled “Health
Hazards
Associated
with
Windsurfing
on Polluted
Waters”
by Eric
Dewailly
et a!. Public
Health
Briefs
June 1986
Exhibit
105
Article
entitled
“Results
of the
First
Pilot-Scale
Controlled
Cohort
Epidemiological
Investigation
into
the
Possible
Health
Effects
o Bathing
in
Seawater
at Langland
Bay,
Swansea”
by F. Jones
et
a!.
(February
5, 1991)
Exhibit
106
Two
color charts
on
one
page
entitled
“CAWS
activity
distribution,
2007
n=350”
and
“GUW activity
distribution,
2007
n=142”
Exhibit
107
Two
pages with
three
Figures,
Figure
1 entitled
“Aged
distribution
of unexposed
participants,
2007”,
Figure
2 entitled
“Aged
distribution
of CAWS
participants,
2007”
and Figure
3 entitled
“Aged distribution
of
GUW
participants,
2007”
Exhibit
108
Flow
Chart
entitled
“CHEERS
participant
Flow”
Exhibit
109
Chart
entitle
“Example
of
‘dose-response’
graph”
Exhibit
110
Color
photo
chart
entitled
“Sources
of Risk,
by Group”
Exhibit
111
Color
Charts entitled
“QMRA”
Exhibit
112
Prefiled
testimony
of
Susan O’Connell
Exhibit
113
Prefiled testimony
of
Greeta
Rij
al with compact
disc of attachments
Exhibit
114
Charts entitled
“Figure
18:
Geometric
means of
Fecal Coliform
Bacteria
at
North
Area Stations
Each
Day After
Heavy and
Light
Rainfalls
for
Three-Day
Periods
Compared
with
Dry
Weather
Densities”
Exhibit
115
Two charts
on one
page entitled
“Figure
1: Estimated
FC
densities
downs
stream
of the
North
Side and
Calumet
WRPs during
dry
weather
(0) and
wet
weather
([X]with]
or [without
disinfection
conditions”
Exhibit
116
Prefi
led testimony
of
Adrienne
D.
Nemura
Exhibit
117
“Citations
for Statues
and Regulations
Referred
to
in
Pre-Filed
Testimony
of
Adrienne
D.
Nemura”
Exhibit
118
A link
to a website
on the
UAA
for Chesapeake
Exhibit
119
Four page
document
beginning
with
“Please refer
to
Report
No. 05-15
for Figure
and
Table
Numbers”
Exhibit 120
Indiana
Department
of Environmental
Management
Letter
from Bruno
L. Pigot
to
Tinka Hyde
USEPA
Region
V
dated
March
17,
2008
USEPA Letter
from
Bharat
Mathur
to Bruno
L. Pigot
Indiana
Department
of
Environmental
Management
dated June
9,
2008
Regulatory
language
headed
at
top
of page “314
CMR
$:00
Division
of Water
Pollution
Control”
Ohio
River
Valley
Water Sanitation
Commission
“Wet
Weather
Standards
Proposal”
Document
entitled
“Background
Summary
of Proposed
Revisions”
State
of California,
State Water
Resources
Control
Board
ORDER
WQO 2005-
0004 In
the
matter
ofown motion
review
offailure
to
modij5’ recreation
use
standards
for Ballona
Creek
Compact
Disc titled
“Blatchley
Report”
USEPA
Memorandum
dated
Jan.
24, 1992
on “Request
for
Views on Allowable
Duration
of Water
Quality
Standards
Variances”
Water Quality
Standards
Academy
Key
Concepts
“A
Variance:
Temporary
Modification
to
Water Quality
Standards”
Rules
of Department
of
Natural
Resources
Division
20
- Clean Water
Commission
Chapter
7
- Water
Quality
Department
of
Natural Resources
Code of
State Regulations
beginning
with
“Table
A”
“Water
Quality
Standards:
Wet Weather
Issues
and Recreational
Use
Protection”
by
Ephraim
King
of USEPA
Indiana
Department
of Environmental
Management
“Agency
nonrule
policy
document”
Effective
April
11,
2008
Prefiled
testimony
and attachments
of Stephen
F. McGowan
Document
entitled
“Exhibit
1”
Document
from
website,
first
line
“eGRID
FAQ Clean
Energy
US EPA”
20
ILCS 3855/1-75
220
ILCS 5/16-127
Exhibit
121
Exhibit
122
Exhibit
123
Exhibit
124
Exhibit
125
Exhibit
126
Exhibit
127
Exhibit
128
Exhibit 129
Exhibit
130
Exhibit
131
Exhibit
132
Exhibit 133
Exhibit
134
Exhibit
135
Exhibit
136
Exhibit
137
Exhibit 138
Document
entitled “Exhibit
2”