RECEVED
    CLERK’S
    OFFICE
    ILLINOIS
    POLLUTION
    CONTROL BOARD
    April 2,
    2009
    APR
    02
    2009
    STATE
    OF
    lLLlNOS
    IN THE MATTER
    OF:
    )
    Poflutofl
    Control
    Board
    )
    PROPOSED
    AMENDMENTS TO
    TIERED
    )
    R09-9
    APPROACH
    TO CORRECTIVE
    ACTION
    )
    (Rulemaking
    - Land)
    OBJECTIVES
    (35 ILL. ADM.
    CODE 742)
    )
    HEARING OFFICER
    ORDER
    The
    second
    hearing in this
    rulemaking
    was
    held in Chicago on
    March 17, 2009. On
    the
    record at
    the
    second hearing,
    the
    hearing officer
    set a pre-first
    notice deadline
    of May 29, 2009,
    for filing public
    comments. If
    the Board proceeds
    to first notice,
    there will
    be other opportunities
    to file
    public comments in
    this rulemaking.
    Filing
    by
    May
    29,
    2009,
    however,
    ensures that the
    comment will
    be
    considered
    by the Board before
    the Board
    adopts
    any
    proposed amendments
    for
    first-notice publication
    in the Illinois
    Register.
    Public
    comments must
    be
    filed with the
    Clerk’s
    Office and
    may be filed at:
    Pollution Control Board
    Clerk’s
    Office
    JRTC
    100W. Randolph
    Street, Suite
    11-500
    Chicago,
    IL 60601
    Public comments
    may also be filed through
    the Clerk’s Office
    On-Line (COOL)
    on the Board’s
    Web
    site at www.ipcb.state.i.1.us.
    Any questions
    about
    electronic
    filing through
    COOL
    should
    be
    directed to the
    Clerk’s Office at (312)
    814-3629. Each
    person who files
    a public comment
    must
    also serve a copy of the
    public comment on
    each person
    on
    the
    R09-9 Service
    List. Finally,
    to
    facilitate
    the citation of hearing
    exhibits,
    attached to
    this order is the list
    of exhibits admitted
    at
    the two hearings.
    IT IS
    SO ORDERED.
    Ric’iaard R. McGill, Jr.
    Hearing
    Officer
    Illinois Pollution
    Control Board
    100
    West Randolph
    Street, Suite 11-500
    Chicago, Illinois
    60601
    (312) 814-6983
    or
    mcgii1r(ipch.state.i1.us
    ILLINOIS
    POLLUTION
    CONTROL BOARD
    IN THE MATTER OF:
    )
    )
    PROPOSED
    AMENDMENTS
    TO TIERED
    )
    R09-9
    APPROACH TO
    CORRECT
    WE
    ACTION
    )
    (Rulemaking - Land)
    OBJECT
    WES (35 ILL.
    ADM. CODE
    742)
    )
    EXHIBIT
    LIST
    First
    Hearing:
    January 27, 2009,
    Springfield
    Exhibit
    1:
    Errata
    Sheet
    Number
    1 of IEPA
    Exhibit
    2: Errata Sheet
    Number 2 of
    IEPA
    Exhibit
    3:
    Prefiled
    Testimony
    of Gary King of
    IEPA
    Exhibit 4:
    Color
    Hardcopy of Slide
    Presentation of Dr.
    Atul
    Salhotra
    on behalf of JEPA
    Exhibit
    5: Prefiled Testimony
    of Dr.
    Thomas Homshaw
    of 1EPA
    Exhibit 6: Prefiled Testimony
    of Tracey Hurley
    of IEPA
    Exhibit
    7:
    Prefiled Questions
    of Gail Artrip,
    Carison Environmental
    Exhibit
    8: Prefiled Questions
    of the Illinois Environmental
    Regulatory
    Group (IERG)
    Exhibit 9: Prefiled
    Responses of IEPA
    Second Hearing: March
    17, 2009, Chicago
    Exhibit
    10: IEPA’s
    “Supplemental
    Studies
    and Reports List”
    Exhibit
    11: Prefiled
    Testimony
    of Heather Nifong
    of IEPA
    Exhibit 12: Prefiled
    Testimony of Dr.
    Thomas
    Homshaw
    of IEPA
    Exhibit
    13: USEPA’s March
    2005 revised
    “Guidelines for Carcinogen
    Risk
    Assessment”
    Exhibit
    14:
    Prefiled Testimony
    of
    Tracey Hurley
    of IEPA (flied
    2/23/09)
    Exhibit 15:
    Errata Sheet Number
    3 of IEPA
    Exhibit 16: Prefiled
    Questions
    of
    Raymond Reott
    2
    Exhibit 17:
    Prefiled Questions
    of
    IERG
    Exhibit 18:
    Prefiled
    Responses
    of IEPA
    Exhibit 19:
    Prefiled
    Testimony
    of Tracey
    Hurley of JEPA
    (filed 3/12/09)
    Exhibit
    20:
    Errata
    Sheet
    Number 4
    of
    IEPA
    Exhibit 21: USEPA,
    Sept. 2005,
    “Uncertainty
    and the
    Johnson-Ettinger
    Model for
    Vapor
    Intrusion
    Calculations,”
    EPA!600/R-05/1
    10
    Exhibit 22: USEPA,
    Sept. 2005,
    “Review
    of Recent Research
    on Vapor Intrusion,”
    EPAJ600/R-
    05/106
    Exhibit 23:
    USEPA,
    OSWER
    Directive
    9610.17, Mar. 1, 1995,
    “Use of
    Risk-Based Decision-
    Making In UST Corrective
    Action
    Programs”
    Exhibit
    24: Prefiled
    Testimony
    of
    Brian Martin of the Site
    Remediation
    Advisory Committee
    (SRAC)
    Exhibit 25: Prefiled
    Testimony
    of Raymond Reott
    Exhibit
    26:
    Table
    attachment in
    prefiled testimony
    of Raymond
    Reott entitled “Comparison
    of
    Existing
    and Proposed TACO
    Standards
    (02/19/09)
    For Residential
    Property
    in Communities
    With an Approved
    Groundwater
    Use Institutional
    Control
    Ordinance”
    Exhibit 27: Prefiled
    Testimony
    of
    Harvey Pokomy
    of Versar
    Exhibit
    28: Prefiled Testimony
    of James Olsta
    of CETCO
    Exhibit
    29:
    60-mil
    “PolyFlex”
    membrane
    Exhibit 30:
    Prefiled
    Responses
    of
    James
    Olsta of CETCO
    Exhibit 31: Liquid Boot
    Brownfield
    Membrane/Liner
    &
    Vent
    System
    brochure with
    sample
    of
    60-mil
    spray-applied
    membrane

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