IN THE MATTER OF:
PROPOSED AMENDMENTS TO
DISSOLVED OXYGEN STANDARD
35
ILL.
ADM. CODE 302.206
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CONTROL BOARD
23, 2004
R04-25
(Rulemaking
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Water)
NOTICE OF
STATUS CONFERENCE CALL
DATE, TIME, DIAL-IN INFORMATION:
STATUS
CONFERENCE CALL:
FRIDAY, DECEMBER
17, 2004,
10:00 a.m.
Dial-In Number:
1-800-467-2166
Passcode (after dialing in):
453627,
followed by the # sign
PURPOSE
OF CALL:
HEARING OFFICER:
Procedural Status
Readiness forThird Hearing
Richard R. McGill, Jr.
HEARING. OFFICER ORDER
The proponent ofthis rulemaking is the Illinois Association ofWastewater Agencies
(JAWA).
JAWA seeks to amend the Board’s rule establishing general use water quality
standards for dissolved oxygen (35 Iii.
Adm. Code 302.206).
IAWA filed its proposal with the
Board on April 19, 2004.
The Board held public hearings in this rulemaking on June 29 and
August
12, 2004.
The hearing officer conducted status conference calls on September
13,
October 13, and November 17, 2004.
Below is a summary ofthe last call
and information on the
next call, which is
scheduled for December
17, 2004.
November 17, 2004 Status Conference Call
The hearing officer was joined
on
the November 17, 2004 conference call by the
following participants:
Roy Harsch, Bob Clavel,
IAWA; Stefanie Diers, Deborah Williams, and
Bob Mosher, Illinois Environmental Protection Agency (IEPA); and Albert Ettinger,
Environmental Law &
Policy Center, Prairie Rivers Network, and Sierra Club.
Mr. Harsch ofJAWA
stated that the United States Environmental Protection Agency
(USEPA) had not yet provided data from Ohio waters regarding dissolved oxygen.
However,
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RECE
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CLERK’S OFFICE
NO V
23
2004
STATE OF ILLINOIS
Pollution Control Board
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according to Mr. Harsh, USEPA explained that it had the data and indicated that the data may be
made available within a week.
Initially, the USEPA data is expected to be circulated among
IEPA, JAWA, the Illinois Department ofNatural Resources (DNR), and Mr. Ettinger’s
organizations.
Ultimately, the USEPA data is
expected to be filed with the Board.
Mr. Harsh further noted that since the last status conference, the DNR “white paper”
regarding the dissolved oxygen
standard had been circulated among IEPA, IAWA, USEPA,
and
Mr. Ettinger’s organizations.
The DNR document is
expected to be filed with the Board.
In
addition, Ms. Diers explained on a prior status call that USEPA had given IEPA general
comments on the rulemaking in a September 2004 letter.
That USEPA letter is also
expected to
be filed with the Board.
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 behalfofEnvironmental Law
& Policy Center, Prairie Rivers Network,
and Sierra Club.
Mr. Ettinger asked during the September 13 and October
13, 2004 status
conferences that the Board continue to withhold ruling on the motion to
suspend.
During the
November 17, 2004 status conference, Mr. Ettinger stated that he would submit a filing with the
Board withdrawing the motion to suspend.
The participants on the November 17, 2004 status conference discussed potential dates
for a third hearing.
Mr. Harsch proposed several dates that would work for IAWA:
week of
January 17, 2005 (except the
19th); week ofJanuary 24, 2005; or February
1, 2, 3,
16,
17, or 22,
2005.
Other participants on the
call could not yet commit to any specific hearing dates, but the
participants agreed to hold a stakeholder meeting during the week ofDecember 6 or
December 13, 2004.
The participants indicated that the stakeholder meeting could be used to
discuss any USEPA data made available, as well as dates for a third hearing and
a preceding date
for submitting pre-filed testimony to the Board.
At the conclusion ofthe November
17, 2004 call, the consensus among the participants
was to have the hearing officer conduct a fourth status conference call in approximately one
month—before proceeding to the third hearing, but after the mentioned stakeholder meeting
takes place.
With the participants’ agreement, the hearing officer scheduled a status conference
call forDecember
17, 2004, which is discussed below.
December 17, 2004
Status Conference Call
A fourth status
conference call
is scheduled for Friday, December 17, 2004, at
10:00 a.m.
The hearing officer will conduct the status conference, the purpose ofwhich is limited to
having
the proponent
and otherparticipants 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 ofthe proposal or to receive evidence on the proposal.
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The hearing officer does not presently expect to
hold a fifth status conference before the
third hearing is held.
Accordingly, during the fourth status conference call,
participants
should
be prepared to discuss
potential dates for the third hearing’s pre-filed testimony filing
deadline
and for the third hearing itself, which is anticipated to take place in
Chicago.
Mr. Harsch is arranging the teleconferencing service for the December
17, 2004 status
conference call.
Anyone may participate in the status conference, whether by speaking ormerely
listening.
The dial-in number forthe status conference call will be
1-800-467-2166.
After
dialing in, you will be prompted to enter the passcode for the conference, which will be 453627,
followed by the # sign.
Those wishing to join the status conference early may do so begirming 15
minutes before the scheduled 10:00 a.m.
start.
Ifyou are having any difficulty joining the call,
please dial
1-800-788-1085.
Fifteen phone
lines will be reserved for the December 17, 2004 status
conference call.
To
ensure that enough lines are available for all those wishing to participate, please
contact the
hearing officer at (312) 814-6983 or mcgillr(~ipcb.state.il.us
by December 15, 2004, if you
would like to participate in the status
conference call.
Additional phone lines maybe 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
