ORIGINAL
RECEIVED
CLERK'S OFFICE
ILLINOIS POLLUTION CONTROL BOARD
February 16, 2006
FEB 1 42006
THE MATTER OF :
STATE OF ILLINOIS
IN
Pollution Control Board
PROPOSED AMENDMENTS TO :
)
R04-22(B)
REGULATION OF PETROLEUM LEAKING)
(UST Rulemaking)
UNDERGROUND STORAGE TANKS (35
)
ILL. ADM. CODE 732)
)
IN THE MATTER OF
:
)
PROPOSED AMENDMENTS TO :
)
R04-23(B)
REGULATION OF PETROLEUM LEAKING)
(UST Rulemaking)
UNDERGROUND STORAGE TANKS (35
)
(Consolidated)
ILL. ADM. CODE 734)
)
NOTICE OF HEARINGS
DATES, TIMES, AND PLACE
:
March 23, 2006, to be continued to March 24, 2006, if necessary
10:00 a.m .
Illinois Environmental Protection Agency Office Building
Training Room, 1214 West
1021 N. Grand Avenue East, North Entrance
Springfield, IL
PURPOSE OF HEARINGS
:
Merit and Economic
ATTENDING BOARD MEMBERS
:
G. Tanner Girard
HEARING OFFICER :
Marie E. Tipsord
HEARING OFFICER ORDER
The Board opened Subdocket B in this rulemaking on December 1, 2005 . The purpose of
Subdocket B is to address the issues pertaining to the professional consulting services provisions
.
See Proposed Amendments to Leaking Underground Storage Tanks (35 Ill . Adm. Code 732,
734), R04-22,23(B) (Jan. 5, 2006)). Specifically, the Board will address issues concerning the
scope of work associated with lump sum payments as well as the lump sum payment amounts
proposed at first notice in Subdocket A
.
Id .
In the Board's January 5, 2006 opinion and order,
In compliance with the Americans with Disabilities Act and other applicable
federal and State tries, the hearing wiII he accessible to Jnd viduale with
disabilities. Persons requiring auxiliary aids and services should contact Dorothy Gunn. Clerk of the Board. at 100 West Randolph St ., Suite I 1-900 .
hicago, Illinois 600(11, at telephone rmmher 312:814-6931, fax number 31 2
_/814-3669, or TDD number 312/8146032, live days prior tot he
hearing.
2
the Board stated that there were issues which needed to be addressed
.
Id.
The Board
summarized those issues as the adequacy of the proposed scope of work and whether scope of
work should be part of the Board rules or the Agency's implementation rules
.
Id.
Participants'
prefiled testimony should address the issues set forth by the Board in the January 5, 2006 opinion
and order.
Also, on the January 18, 2006, the Joint Committee on Administrative Rules (JCAR)
issued a recommendation to the Board and a certificate of no objection to the rules proposed in
Subdocket A . Proposed Amendments to Leaking Underground Storage Tanks (35 Ill . Adm .
Code 732, 734), R04-22, 23(A) (Feb. 16, 2006). JCAR's recommendation was that "the Board
add to the issues it is addressing in its dockets R04-22(B) and R04-23(B) the costs that are
ineligible for payment from the Underground Storage Tank Fund stated in" 35 Ill . Adm. Code
732.606(ddd) and (eee) and 734 .630(aaa) and (bbb) .
Id .
The Board stated in the February 16,
2006 opinion and order that "[t]he Board appreciates the suggestions of JCAR and the Board will
continue to review issues associated with Sections 732.606(ddd) and (eee) and 734.630(aaa) and
(bbb) in Subdocket B ."
Id.
Therefore, any participant wishing to further address the issues of
ineligible costs listed in Sections 732.606(ddd) and (eee) and 734.630(aaa) and (bbb) may do so
in their prefiled testimony .
In response to comments in Subdocket A, the Board agreed to again request that the
Department of Commerce and Economic Opportunity (DCEO) conduct a study of the economic
impact of the proposed rules pursuant to Section 27(b) of the Environmental Protection Act (415
ILCS 5/27(b) (2004)) . See Proposed Amendments to Leaking Underground Storage Tanks (35
Ill. Adm. Code 732, 734), R04-22, 23(A) (Dec. 1, 2005)) The Board made the second request in
a letter dated January 10, 2006 . On February 14, 2006, the Board received from DCEO a letter
indicating that due to "fiscal restraints" DCEO had decided not to conduct an Economic Impact
study on this rulemaking. Participants may also comment on the decision of DCEO in their
prefiled testimony .
The Board has today adopted the rules in Subdocket A (Proposed Amendments to
Leaking Underground Storage Tanks (35 Ill . Adm. Code 732, 734), R04-22, 23(A) (Feb. 16,
2006)) and the Board will not revisit any additional issues from Subdocket A in the Subdocket B
proceeding. Therefore, the Board will only hear testimony on issues pertaining to the
professional consulting services provisions, the issues raised by JCAR on January 18, 2006, and
DCEO's decision not to perform an economic impact study
.
Persons who plan to testify at the hearing must prefile their testimony by March 1, 2006
.
The Board will allow only those who have prefiled testimony to testify unless time allows for
additional testimony. Hearing will begin at 1 p.m. on March 23, 2006, and will continue on
March 24, 2006, if necessary to accommodate persons who have prefiled testimony . The prefiled
testimony will be available either on the Board's web page at www.ipcb .state.il.us or by
contacting the hearing officer .
IT IS SO ORDERED .
3
arie E. Tipsord
Hearing Officer
Illinois Pollution Control Board
100 West Randolph, Suite
11-500
Chicago, Illinois 60601
(312) 814-4925
