BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

IN

THE

MATTER

OF:

PROPOSED

SITE

SPECIFIC

RULE

FOR

CITY OF

SPRINGFIELD,

ILLINOIS,

OFFICE

OF PUBLIC

UTILITIES,

CITY

WATER,

LIGHT

AND

POWER

AND SPRINGFIELD

METRO

SANITARY

DISTRICT

FROM

35 ILL. ADM.

CODE

SECTION

302.208(g)

)

)

cc

)

P9BNo.

2009-0008

)

(Rulemaking-Water)

)

)

CL

r

u2OO9

i

3

o1IL1tiOn

C4jOIS

°arc,

NOTICE

OF FILING

John

Theirrault,

Clerk

Illinois

Pollution

Control

Board

James

R. Thompson

Center

100

W. Randolph,

Suite

11-500

Chicago,

Illinois

60601

Katherine

D.

Hodge

Hodge Dwyer

Zeman

3150

Roland Avenue

P.O.

Box 5776

Springfield,

Illinois

62705-5776

Matthew Dunn,

Chief

Environmental

Bureau

Office of the

Attorney

General

100 W.

Randolph,

12

th

Floor

Chicago, Illinois

60601

Michael

Mankowski

Environmental

Bureau

Office

of the

Attorney

General

500 S. Second

Street

Springfield,

Illinois

62706

PLEASE

TAKE

NOTICE

that I

have

filed

today with

the

Illinois

Pollution

Control Board

the

Illinois

EPA’s

Post-Hearing

Comments,

a copy

of which

is herewith

served upon

you.

Dated: January

29,

2009

1021

North Grand

Ave.

East

P.O.

Box 19276

Springfield,

Illinois

62794-9276

(217) 782-5544

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

W3

7

-

Joe Log

n-Wi

ey

Assistant

Counsel

Division

of Legal

Counsel

THIS

FILING PRINTED

ON

RECYCLED

PAPER

---

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BO4%

IN

THE

MATTER

OF:

FEB

022009

PROPOSED

SITE

SPECifIC

)

OI1UtEO

0

LNOIs

RULE

FOR

CITY

OF

SPRINGFIELD,

)

r

Card

ILLiNOIS,

OFFICE

OF

PUBLIC

)

UTILITIES,

CITY

WATER,

LIGHT

)

AND

POWER

AND

SPRINGFIELD

)

No. 2009-0008

METRO

SANITARY

DISTRICT

)

(Rulemaking-Water)

FROM

35 ILL.

ADM.

CODE

)

SECTION 302.208(g)

)

)

ILLINOIS

EPA’S

POST-HEARING

COMMENTS

NOW

COMES the

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

(“Illinois

EPA”),

by

and

through

one

of

its attorneys,

Joey

Logan-Wilkey,

and

pursuant

to the

Illinois

Pollution

Control

Board’s

(“Board”)

January

7,

2009,

Hearing

Officer

Order,

provides

the

following

comments

in

response

to

questions

posed

during

the

December

16, 2008

hearing

regarding

evidence

that

aquatic

life

is unimpaired

by

boron

concentrations

in the

Sangamon

River,

changes

observed

in the

macroinvertebrate

index

observed

in Sugar

Creek

since

the

creation

of

the

ash

ponds

by

CWLP, and

studies

of

chemical, biological,

and

physical

conditions

of

the

stream

segments

impacted

by

the

proposed rulemaking:

The

proposed

adjusted

standard

for boron

will

be

protective

of

catfish

and other

aquatic

organisms

residing

in

the

water

bodies

that

pertain

to

this

rulemaking.

The

concerns

over

catfish sensitivity

have

arisen

over

the

data

within

the

Hanson

technical

support

document

which

lists

a

9-day

LOEC

(lowest

observable

effect

concentrations)

range

for

boron

at 1.0-25.9

mg!L

(Birge

and

Black

1977;

Birge

and

Black

1981

in

---

Butterwick

et

a!. 1989). Research

by other authors

has failed to replicate

the results

of

these

studies, which

has led to questioning

of the

study

design

and methodologies

employed

by

Birge

and

Black (Eckhert 1998,

Rowe et al. 1998).

Overly sensitive

results

within

the Birge

and Black studies

may

have resulted

from the failure

to remove dead

embryos

from the tests, the

flat

dose-response

curve, and the

low treatment

concentrations

which

may

have led

to

boron

deficiencies within

the tests.

More recent

research

has verified

that the

dose-response

curve for

boron toxicity to fish

is U-shaped,

a

dose-response curve

typically

seen in essential elements.

Eckert (1998) determined

that

chronic

exposure

to boron concentrations

of 0.01 - 10

mg/L had no observable

effects

on

rainbow trout embryo

mortality

and/or morphology

and further observed

that

larval

growth

was

greatest in the highest

treatment (10 mg/L),

thus implying

that boron

stimulates

embryonic

growth

in trout. Rowe

et al. (1998) also observed

a

dose-dependent

increase

in growth of rainbow

trout embryos

chronically

exposed to boron, with

the

greatest

growth occurring

in the highest

treatments (0.54

and

1.08

mg/L).

Based on these

studies as well

as other valid acute

and

chronic tests in the

literature

we

are confident that

catfish

within

the receiving waters

associated within this

rulemaking

will not be

adversely

affected

by boron. Eckhert,

C.D. 1998. Boron

Stimulates

Embryonic

Trout

Growth. J.

Nutr. 128:2488-2493.

Rowe,

R.I,

C.

Bouzan,

S. Nabili, and

C.D. Eclchert.

1998.

The Response

of Trout and Zebrafish

Embryos

to Low and High

Boron

Concentrations

is U-Shaped.

The oldest Illinois

EPA macroinvertebrate

data from

the stream sections

in

question are from

Sugar Creek collected

in September

1975. A water sample

collected

as

part of the Illinois

EPA ambient

network from Sugar

Creek at the

Illinois Route 29 bridge

2

---

(station EOA-01)

on

October

5,

1972

had

a

boron concentration

2.7

mg/i

indicating

that

the

ash

ponds

or

a

similar

source

of

boron

were

active

at

that

time.

As

a

result,

we

do

not

have

pre-

and

post-ash

pond

macroinvertebrate

data with

which

to

make

a

comparison.

The

Illinois

EPA

has

collected

chemical,

biological

and

physical

condition

data

from

Sugar

Creek

and

Sangamon

River

both

before

and

after

the

site-specific

boron

rule

went

into

effect

(Table

1).

These

data

were

collected

by

Illinois

EPA,

Surface

Water

Section,

Central

Monitoring

Unit

staff

as

part

of

the

facility

related stream

survey

(FRSS)

or

intensive

basin

survey

(IBS)

program.

Table

1.

Illinois EPA

monitoring

stations,

sample

year

and

MBI

values

on

stream

segments

included

under

the

City

of Springfield

site-specific

boron

rule.

Stream

Name

Station

Year

MBI

Sugar

Creek

EOA-01

1989

6.5

EOA-O1

1996

5.8

EOA-06

1988

6.4

EOA-06

1989

9.0

EOA-06

1991

6.0

EOA-06

1996

5.6

Sangamon

River

E-26

1982

5.2

E-26

1988

5.7

E-26

1991

5.0

E-26

2003

5.6

E-RV-C2

1988

5.2

E-50

1996

4.5

3

---

The

Macroinvertebrate

Biotic Index

(MBI)

is one tool used

by

Illinois EPA

to

summarize and evaluate

macroinvertebrate

sample

data. Illinois EPA

personnel have,

based

on available literature

and field experience,

assigned a

pollution tolerance rating

to

each

taxon. Pollution

tolerance

ratings range from

0 to

11; a rating

of

zero

is

assigned

to

taxa found

only in unaltered streams

of high

water quality, and a

rating of 11 is assigned

to taxa known

to occur

in

severely

polluted

or disturbed streams.

Intermediate

ratings are

assigned

based

on an organism’s

relative degree

of tolerance

or

intolerance

to

pollution

(i.e., organic

enrichment).

The MBI is the mean

tolerance rating

for

the sample

and is

computed as MBI

= 1

E(nt

1

)/N,

where n is the number

of individuals

in each taxon, t is

the

tolerance

rating assigned

to that taxon and

N

is

the total

number of individuals

in the

sample.

A high MBI

value, therefore,

usually denotes

a community

of

low

species

richness

with

few

if

any intolerant

(sensitive)

species present and

poor water quality.

Good water

quality

is indicated

by a low MBI

value which results

from

a higher

proportion

of sensitive

organisms. Based on

present assessment

methods,

the

breakdown

of

MBI values

to

reflect

water quality

is as

follows:

good

(<=

5.9), fair (6.0-8.9)

or

poor

(=>9.0).

The

two stations

on Sugar Creek (EOA)

are located

downstream

of Lake

Springfield

and the ash

pond discharge.

Station EOA-0l

located at the Illinois

Route

29

bridge, is part

of the Illinois EPA ambient

water

quality monitoring network

and is

sampled nine

times a

year

for

water

chemistry.

Station

EOA-0

1 is upstream of the

Springfield

Sanitary District

Sugar

Creek

WWTP

discharge and

as

such has

the most

potential

to reflect effects of

the

ash pond

discharges. Station

EOA-06 is

located at the

4

---

Mechanicsburg Road bridge and is approximately one mile

downstream

from the

Springfield

Sanitary

District

Sugar Creek

WWTP

discharge

point.

In

1989, the macroinvertebrate data indicated fair conditions in the segment below

the ash ponds (EOA-01)

and

poor

conditions

below the

WWTP discharge

(EOA-06).

In

1996, the macroinvertebrate data

indicated

good conditions

at both

sites. Water

samples

collected

in conjunction

with

the

macroinvertebrate

data

indicate

that boron

concentrations were similar during both the 1989 and 1996 surveys. Based on the

ambient

data from station EOA-01, boron concentrations averaged 3,118 ug/l between

1980 and

2005.

During

the summer, habitat in this portion of Sugar Creek is characterized

by long

pools

with substrates comprised

primarily

of silt/mud and plant detritus. Coarser

substrates are

typically only present in and around road crossing where rip-rap (i.e.,

large

rocks)

have been added to stabilize the banks near bridge structures. Submerged logs and

brush provide in-stream

cover for macroinvertebrates.

Macroinvertebrates

have been

collected

from three sampling stations on the

Sangamon

River between the confluences of South Fork and Spring Creek. Station E-26

is located

near the old US

Route

36 bridge along the southwest part of Riverton. This

station is part

of the Illinois

EPA

ambient water quality monitoring network and is

sampled nine

times

a

year for water chemistry. Station E-RV-C2 is located

at

the

US

Route 54

bridge along the northwest part of Riverton. Station E-50 is located north

of

Springfield

near the

railroad bridge

on the downstream portion of Riverside Park. MBI

values indicated

good water quality from all samples collected.

Based on ambient data

from

station E-26,

boron concentrations averaged

319 ugh

between

1980 and 2005.

5

---

Habitat

in this

portion

of

the Sangamon

River

is primarily

a

series

of runs

and

pools

with

the substrate

dominated

by sand

with some

fine

gravels.

Submerged

logs

and

brush

provide

in-stream

cover

for

macroinvertebrates.

Note

the portion

of

South

Fork

Sangamon

River

where

the

site-specific

rule

applies

has

not

been

sampled

by the

Illinois

EPA.

Respectfully

submitted,

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

ith

Dated:

January

29,

2009

Illinois

Environmental

Protection

Agency

1021

North

Grand

Avenue

East

Post

Office

Box 19276

Springfield,

Illinois

62794-9276

(217)

782-5544

THIS

FILING

PRINTED

ON

RECYCLED

PAPER

6

---

CERTIFICATE

OF

SERVICE

ED

FEB

02

2009

I,

Joey Logan-Wilkey,

certify that

I have served

the

attached

Illinois

ETs?st3p

ILLINOIS

Hearing

Comments,

by first class mail,

upon

the

following

persons:

OIiUto

Controi

Board

John

Theirrault,

Clerk

Illinois Pollution

Control

Board

James

R.

Thompson

Center

100

W.

Randolph,

Suite 11-500

Chicago, Illinois

60601

Katherine

D. Hodge

Hodge

Dwyer Zeman

3150 Roland

Avenue

P.O.

Box 5776

Springfield,

Illinois 62705-5776

Michael

Mankowski

Environmental

Bureau

Office of the Attorney

General

500 S.

Second

Street

Springfield, Illinois

62706

Dated:

January 29, 2009

Marie E.

Tipsord

Illinois

Pollution Control

Board

James R. Thompson

Center

100

W.

Randolph,

Suite 11-500

Chicago, Illinois

60601

Matthew

Dunn,

Chief

Environmental

Bureau

Office of

the Attorney

General

100

W. Randolph,

12

th

Floor

Chicago,

Illinois

60601

Joey

ogan-Wi1ke

Assistant

Counsel

Division

of Legal Counsel

Illinois Environmental

Protection Agency

THIS FILING

PRINTED ON

RECYCLED PAPER

---