RECEIVED
CLERK’S OFFICE
C~ O1i~
ILLINOIS POLLUTION CONTROL BOARD
~
F
~‘
September 24, 2004
STATE
OF
ILUNOIS
Pollution Control Board
IN
THE
MATTER OF:
)
PROPOSED AMENDMENTS TO
)
R04-25
DISSOLVED
OXYGEN STANDARD
35
ILL.)
(Rulemaking
-
Water)
ADM. CODE 302.206
)
NOTICE
OF
STATUS CONFERENCE CALL
DATE, TIME, DIAL-IN INFORMATION:
STATUS CONFERENCE CALL:
WEDNESDAY, OCTOBER
13, 2004,
10:00 a.m.
Dial-Tn Number:
1-800-467-2166
Passcode (after dialing in):
453627,
followed by the # sign
PURPOSE OF CALL:
Procedural Status
Readiness for Third Hearing
HEARING OFFICER:
Richard R. McGill, Jr.
HEARING
OFFICER
ORDER
The proponent ofthis rulemaking is the Illinois Association ofWastewaterAgencies
(JAWA).
TAWA seeks to amend the Board’s rule establishing general use water quality
standards fordissolved oxygen
(35
Ill. Adm.
Code 302.206).
The Board held the second hearing
in this rulemaking on August 12, 2004,
in Springfield.
The hearing officer conducted a status
conference
call on September
13, 2004,
starting at 10:00 a.m.
Below is a summary of that call
and
information on the next
call, which is scheduled for October 13, 2004.
9/13/04 Status
Conference Call
The hearing officer wasjoined on the conference
call by the following participants:
Roy
Harsch, IAWA; Stefanie Diers, Illinois Environmental Protection Agency;’ Stan Yonkauski,
Illinois Department ofNatural Resources (DNR); Albert Ettinger, Environmental Law & Policy
Center, Prairie Rivers Network, and Sierra Club; Dennis Streicher,
City ofElmhurst and JAWA;
and Irwin Polls, Ecological Monitoring & Assessment.
2
Mr. Harsch and Ms. Diers stated that the United States Environmental Protection Agency
would be proyiding data regarding dissolved oxygen and aquatic species composition, as well as
comments dhtlie proposed rulemaking.
In addition, Mr. Harsch and Mr. Yonkauski confirmed
that DNR would be preparing a “white paper” on extending the season during which a more
stringent dissolved oxygen standard may apply.
Mr. Harsch explained that IAWA hoped to
receive some or all ofthis information in the next couple weeks, after which he expected to be
prepared to
indicate whether IAWA would move to proceed with a third hearing.
On the record at the August
12, 2004 hearing, Mr. Ettinger asked that the Board withhold
ruling on the July 21, 2004 motion to suspend consideration ofthis rulemaking (motion
to
suspend) that he filed on behalfof Environmental Law &
Policy Center, Prairie Rivers Network,
and Sierra Club.
Mr. Ettinger asked during the status conference that the Board continue to
withhold ruling on the motion to suspend.
At the conclusion ofthe call,
Mr. Harsch proposed that the hearing officer conduct
another status conference call in approximately one month, to which none ofthe other
participants objected.
With the participants’ agreement, the hearing officer scheduled a status
conference call for October
13, 2004, which is discussed below.
10/13/04 Status Conference
Call
A second status conference call is scheduled for Wednesday, October 13, 2004, at
10:00
a.m.
The hearing officer will conduct the
status conference, the purpose ofwhich is limited to
having the proponent
and other participants provide a status report on their readiness to proceed
with a third public hearing in this rulemaking.
Only questions and
comments related to the
procedural purpose ofthis status conference will be allowed during the call.
The status
conference therefore will not be used to discuss the merits of the proposal or to receive evidence
on the proposal.
The hearing officer does not presently anticipate holding a third status conference before
either a third hearing is held or the Board rules on the motion
to suspend.
Accordingly, during
the second status conference call, participants should be prepared to
discuss potential dates for a
third hearing.
Likewise, Mr. Ettinger should be prepared to advise the hearing officer on whether
he would either have the Board rule on the motion to suspend or withdraw the motion.
Mr. Harsch has arranged the teleconferencing service for the October 13, 2004 status
conference call.
Anyone may participate in the status conference, whetherby speaking or merely
listening.
The dial-in number for the status conference call is
1-800-467-2166.
After dialing in,
you will be prompted to enter the passcode forthe conference, which is 453627,
followed by the
# sign.
Those wishing to join the status conference early may do so beginning
15 minutes before
the scheduled 10:00 a.m.
start.
Ifyou are having any difficultyjoining the call, please dial
1-800-
788-1085.
Fifteen phone
lines are presently reserved for the October 13, 2004 status conference call.
To ensure that enough lines are available
for all those wishing to participate, please contact the
3
hearing officer at (312) 814-6983 by October 7,2004,
ifyou would like to participate in the
status conference call.
Additional
phone lines may be added as needed.
After the status
conference, the hearing officer will prepare a short report documenting the participants in, and
matters discussed during, the call.
IT IS
SO ORDERED.
Richard R.
McGill, Jr.
Hearing Officer, Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois
60601
(312) 814-6983
mcgillr@ipcb.state.il.us
