BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
In the matter of:
)
)
PETITION OF ILLINOIS DEPARTMENT OF
)
TRANSPORTATION, DISTRICT 8, BOWMAN )
AVENUE PUMP
STATION AND DEEP WELL
)
AS 2008-01
(Adjusted Standard)
SYSTEM, FORAN ADJUSTED STANDARD
)
FROM 35 ILL. ADM. CODE 302.208(g)
)
(NODES PERMIT NO. IL007095)
)
)
)
)
NOTICE OF FILING
TO:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
100 W. Randolph Street, Suite 11-500
Chicago, Illinois 60601-3218
Alec Messina, Respondent
Illinois Environmental Protection Agency
Division
of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62784-9276
Carol Webb, Hearing
Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
Kenneth Liss, Interested Party
Andrews Environnlental Engineering
3300 Ginger Creek Drive
Springfield, Illinois 62711
PLEASE TAKE NOTICE that today I have filed with the Office of the Clerk of the
Pollution Control Board the attached (1) Motion to Voluntarily Withdraw Petition for Adjusted
Standard and (2)
Status Repon, a copy of which is herewith served upon you.
Respectfully submitted,
ILLINOIS DEPARTMENT OF TRANSPORTATION,
.Petitioner
By:
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__
One of Its Attorneys
Lance T. Jones
Carrie Zalewski (Solberg)
Cindy Bushnr-Hallam
Office of Chief Counsel
2300 South Dirksen Parkway, Room 311
Springfield, Illinois 62764
Phone:
(2.17) 782-3215
Lance.J ones@illinois.gov
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Electronic Filing - Received, Clerk's Office, April 3, 2009
CERTIFICATE OF SERVICE
I, undersigned, certify that on this __ day of April, 2009, I served electronically the
attached
(1) MOTION TO VOLUNTARILY WITHDRAW PETITION FOR ADJUSTED
STANDARD
(2) and STATUS REPORT, upon the following persons:
J olm
T. Theniault, Assistant Clerk
Illinois
Pollution Conu.'ol Board
James R. Thompson Center
Suite 11-500
100
West Randolph
Chicago, Illinois
60601
And electronically and by first class mail, postage affixed, to the persons listed 011 the NOTICE
OF FILING.
Respectfully submitted,
ILLINOIS DEPARTMENT OF TRANSPORTATION,
Petitioner
By:
One of
~r-~
Its Attorneys
Lance T. Jones
Carrie Zalewski (Solberg)
Cindy Bushur-Hallam
Office
of Chief Counsel
2300 South Dirksen Parkway, Room 311
Springfield, Illinois 62764
Phone: (217) 782-3215
Lance.Jones@illinois.gov
Electronic Filing - Received, Clerk's Office, April 3, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
In the matter of:
)
)
PETITION OF ILLINOIS DEPARTMENT OF
)
TRANSPORTATION, DISTRICT 8, BOWMAN )
AVENUE PUMP STATION AND DEEP WELL )
SYSTEM, FORAN ADJUSTED STANDARD
)
FROM 35 ILL. ADM. CODE 302.208(g)
)
(NODES PERMIT NO. IL007095)
)
)
)
)
AS 2008-01
(Adjusted Standard)
MOTION TO VOLUNTARILY WITHDRAW
PETITION FOR ADJUSTED STANDARD
NOW COMES Petitioner, the Illinois Department of Transportation ("Department") by
and through its attorneys, and requests that the Illinois Pollution Control Board ("Board") grant
the Department's Motion to Voluntarily Withdraw
Petition for Adjusted Standard, stating as
follows:
1.
On July 27, 2007, the Department filed a Petition for Adjusted Standard from the
Board's general use water quality standards for sulfate and total dissolved solids
("TDS") at 35
Ill. Adm. Code. The Department's
Petition concerns discharge from its District 8 Bowman
Avenue
Pump Station in East St. Louis, St. Clair County. In the Petition, the Department
proposed adjusted standards
of 642 mg/L for sulfate and 1,128 mg/L for TDS.
2.
On November 13, 2007, the Department filed a Motion to Stay Proceedings,
pending the Board's decision in Triennial Review of Sulfate and Total Solids Water Ouality
Standards
("Triennial") since an adoption of the applicable parts of Trielmial would satisfy the
Department's adjusted standard proposed for sulfate and
TDS.
3.
On December 20,2007, the Board granted the Depmiment's Motion to Stay,
stating the Stay would be terminated "through fma1 Board action in Triemual, at which time the
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...
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Electronic Filing - Received, Clerk's Office, April 3, 2009
Department must, within 45 days thereafter, file with the Board either a motion to voluntarily
dismiss AS
08-1, or notice of the Department's intent to go forward with the adjusted standard
proceeding, accompanied by a
sta1us report."
4.
On September 4, 2008, the Board adopted the Triemlial Rule and directed the
Clerk to file witil the Secretary
of State for publication in the Illinois Register for final adoption.
The Triennial Rule, as adopted on September
4,2008, satisfies the Department's petition for
adjusted standard for sulfate and TDS.
At that time, tile United States EnvirOlunental Protection
Agency ("USEP A") had not issued a review of the Triemlial Rule as required under 40 CPR
131.21.
5.
On November 3, 2008, tile Department requested that the Board continue to stay
the proceedings pending tile
USEPA's review of the Triennial Rule.
6.
On December 4, 2008, the Board granted tile Department's Motion to Stay the
proceedings through June
4, 2009 by which time the Department must file a Motion to
Voluntarily Dismiss or file a status report and continue
to
stay the proceedings.
7.
On March 18, 2009, the USEP A issued a letter t? the Illinois Enviromnental
Protection Agency ("IEP A") approving the revised criteria for sulfate and TDS pursuant to
section
303 of tile Clean Water Act (CWA) and federal regulations at 40 CPR 131.21. (Attached
as Exhibit A).
8.
The revised criteria for sulfate and TDS adopted by the Board and later approved
by tile
USEP A satisfies the Department's Petition for Adjusted Standard for sulfate and TDS and
therefore the
Petition is no longer necessary.
9.
Based on these facts and circumstances, the Department has detelmined that is it
appropriate to withdraw tile Department's
Petition for Adjusted Standard.
Electronic Filing - Received, Clerk's Office, April 3, 2009
WHEREFORE. the Department requests that the Board grant the Petitioner's Motion to
Withdraw and enter an
Order dismissing the Petition.
Lance
T.
Jones
CalTie Zalewski (Solberg)
Cindy Bushur-Hallanl
By:
Respectfully submitted,
ILLINOIS DEPARTMENT OF
TRA1::PORTATION
-~
(.Jr~
One ofIts Attorneys
Illinois Department
of Transportation, Office of Chief Counsel
2300 South Dirksen Parkway, Room 311
Springfield, Illinois 62764
Phone: (217) 782-3215
Lallce)ones@i11inois.gov
Electronic Filing - Received, Clerk's Office, April 3, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
In the matter of:
)
)
PETITION OF ILLINOIS DEPARTMENT OF
)
TRANSPORTATION, DISTRICT 8, BOWMAN )
AVENUE
PUMP STATION AND DEEP WELL )
SYSTEM, FOR AN ADJUSTED STANDARD
)
FROM 35 ILL. ADM. CODE 302.208(g)
)
(NODES PERMIT NO. I1007095)
)
)
)
)
STATUS
REPORT
AS.2008-01
(Adjusted Standard)
NOW COMES Petitioner, the Illinois Department of Transportation ("Department") by
and through its attorney, and submits this Status Report in tlus matter.
On July 27,2007, the Department filed a Petition for Adjusted Standard requesting relief
from tlle Board's general use water quality standards for sulfate and total dissolved solids (TDS)
at 35 IL. Adm. Code 302.208(g).
On September 20, 2007, the Board issued an Order adopting the first-notice proposal
in
the Triemual Rule (R 07-09).
On November 13,2007, the Department filed a Motion to Stay ilie Proceedings pending
ilie decision in the Triemual Rule.
On December 20,2007, the Board granted the Department's Motion to Stay, stating the
Stay would be "terminated tl1fough final Board action in Triel11ual, at which time tlle Department
must,
witlun 45 days thereafter, file Witll the Board eiilier a motion to voluntarily disnllsS AS 08-
1, or notice
of tlle Department's intent to go forward with tlle adjusted standard proceeding,
accompalued by a status
report."
On
May 1, 2008, the Board issued an order proposing. a second-notice opinion proposal
in tlle
Triemlial Rule.
Electronic Filing - Received, Clerk's Office, April 3, 2009
On June 19, 2008 the Board adopted proposed amendments for second notice for the
Triennial Rule. The amended Triennial Rule still satisfied the Department's petition for adjusted
standards for sulfate and
TDS.
On September 4, 2008, the Board adopted the amendments for the Triennial Rule and
filed with
Secretary of State for publication in the Illinois Register for final adoption.
On November 3, 2008, the Department filed a Motion to Stay the proceedings pending
the United
States EnvirOlunental Protection Agency's ("USEPA's") review of the Triemlial Rule.
On December 4, 2008 the Board granted the Department's Motion to Stay the
proceedings through June 4,
2009 by wIrich time the Department must file a Motion to
Voluntarily Dismiss the case or file a status report and continue to
Stay the proceedings.
On March 18, 2009, the USEPA issued a letter to the Illinois Enviromnental Protection
Agency
("IEPA'') approving the revised criteria for sulfate and TDS pursuant to section 303 of
the Clean Water Act and federal regulations at 40 CFR 131.21.
As discussed
in the Department's Motion to Voluntarily Withdraw the Petition for
Adjusted
Sta.'1dard, the revised criteria for sulfate and TDS adopted by the Board and later
approved by the
USEP A satisfies the Department's Petition for Adjusted Standard for sulfate and
TDS and therefore the Petition is no longer necessary.
WHEREFORE, the Department requests that the Board grant the Department's Motion to
Voluntarily Withdraw the
Petition for Adjusted Standard.
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Electronic Filing - Received, Clerk's Office, April 3, 2009
Lance
T.
Jones
Carrie Zalewski (Solberg)
Cindy Bushur-Hallam
By:
Respectfully
submitted,
ILLINOIS DEPARTMENT OF
Tl~:~~N
~(J~
One of Its Attorneys
Illinois Department
of Transportation, Office of Chief Counsel
2300 South Dirksen Parkway, Room 311
Springfield, Illinois 62764
Phone: (217) 782-3215
Lance.J
oneslalillinois. gov
Electronic Filing - Received, Clerk's Office, April 3, 2009
IEPR BOW
217 785 1225
P.02
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION
5
77 WEST JACKSON BOULEVARD
CHICAGO, IL 60604.3590
REPLY TO THE ATTENTION OF
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Marcia T. Willhite, Chief
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Bureau of Water
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Illinois Environmental Protection Agency
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Springfield., JIlinois 62794-9276
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Dear Ms. Willhite:
:1
Thank you for your November 25, 2008, letter submitting Illinois' revised water quality
II
standards for sulfate and total dissolved solids (IDS) to U.S, Envirorunental Protection Agency.:
The revisions to the rules include changes to the following sections: 35 Illinois Administrative
I
1
Code 302.102, 302.208, 309.103, 405.109, 406.100,406.203, and 407.
~
As specified in 40 CPR 131,21, EPA is required to review and approve state water
~
quality standards. EPA has reviewed the information submitted in support ofthe revised rules
I
and hereby app{oves the revised criteria for sulfate and IDS pursuant to section 303 of the Clea]
Water Act (CWA) and federal regulations at 40 CFR 131.21.
.
Consistent with section 7 ofthe Endangered Species Act (ESA) and federal regulations a:
50 CPR Part 402, EPA is required to consult with U.S, Fish and Wildlife Service (USFWS) on
any action that may affect federally-listed threatened and endangered species.
Pursuant to the
"Memorandum of Agreement between the EPA and USFWS regarding enhanced coordination
i
under the Clean Water Act and Endangered Species Act" governing consultation with USFWS,
~
the approval of new and revised State water quality criteria under section 303 of the CWA is an
~.
action requiring consultation. To date, EPA has initiated, but not completed, consultation with :
USPWS on the revised rules approved above. EPA has determined that this approval action doe
not violate section 7(d)
of the ESA, which prohibits irreversible or irretrievable commitments of
I
resources that have the effect of foreclosing the formulation or implementation of reasonable and!!
prudent alternatives, and has included in the record the basis for the conclusion that there are not:
impacts of concern during the interim period until the consultation is completed.
:
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Electronic Filing - Received, Clerk's Office, April 3, 2009
MRR-24-2009 10:14
IEPR BOW
217 785 1225
[fyou have any questions, please contact me or Eric Brossman of my staffa!
312-886-0233 or brossman.eric@epa.gov.
CC:
Richard T. Nelson, USFWS
\---Bob
Mosher, IL EPA
Sincerely,
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Tinka G. Hyde
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Director, Water Division
Electronic Filing - Received, Clerk's Office, April 3, 2009
