RECE~VED
CLERK’S OFFICE
ILLINOIS
NOV
-
3
2OO~
STATE OF iLLINOIS
Pollution ControlBoard
IN
THE MATTER OF:
PROPOSED AMENDMENTS TO
)
R04-25
DISSOLVED OXYGEN STANDARD 35 ILL.)
(Rulemaking
-
Water)
ADM. CODE
3 02.206
)
NOTICE OF
STATUS CONFERENCE CALL
DATE, TIME, DIAL-IN INFORMATION:
STATUS
CONFERENCE CALL:
WEDNESDAY. NOVEMBER
17. 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 ofWastewater Agencies
(IAWA).
TAWA seeks to
amend the Board’s rule establishing general use water quality
standards for dissolved 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 status
conference calls on September 13 and October 13, 2004.
Below is a
summary ofthe latter call
and information on the next call, which is scheduled for November 17,
2004.
October 13, 2004 Status Conference Call
The hearing officer was joined on the October 13, 2004 conference call by the following
participants:
Roy Harsch, IAWA; Stefanie Diers, Illinois Environmental Protection Agency
(IEPA); Scott Stuewe, Illinois Department ofNatural Resources (DNR); Albert Ettinger,
Environmental Law
&
Policy Center, Prairie Rivers Network, and Sierra Club; Dennis Streicher,
City ofElmhurst and IAWA; Alec Messina, Illinois
Environmental Regulatory Group; and Irwin
Polls, Ecological Monitoring
&
Assessment.
)
)
2
Mr. Harsch ofIAWA and Ms. Diers ofIEPA stated that the United States Environmental
Protection Agency (USEPA) had not yet provided data from Ohio waters regarding dissolved
oxygen.
It was unclear when the USEPA data would be provided.
Severalparticipants on the
call indicated that they would inquire with USEPA on the
status ofthô data.
Tn addition, Ms.
Diers explained that USEPA had given IEPA general comments on the rulemaking in a
September 2004 letter.
Mr. Stuewe ofDNR stated that DNR was in the process offinishing a “white paper” on
extending the season during which a more stringent dissolved oxygen standard may apply.
Mr.
Stuewe indicated that DNR would be providing the “white paper” during the week of
October 18, 2004.
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 of this rulemaking (motion to
suspend) that he filed on behalf ofEnvironmental 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
latter call, Mr. Ettinger also stated that, after seeing the DNR “white paper” and any USEPA data
that may arrive, he would indicate on the November
17, 2004 status conference call
(discussed
below) whetherhe is withdrawing the motion to suspend or asking the Board to rule on it.
At the conclusion ofthe October 13, 2004 call, the consensus among the participants was
to have the hearing officer conduct a third status conference call in approximately one month,
before proceeding to any third hearing.
Mr. Harsh stated that it did not make sense to proceed
with a third hearing before IAWA’s expert and others had the opportunity to review, at least, the
DNR “white paper.”
The time before such a third status call would
allow for that review.
With
the participants’ agreement, the hearing officer scheduled a status conference call for
November 17, 2004, which is discussed below.
November 17, 2004 Status
Conference Call
A third status conference call
is scheduled for Wednesday, November
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 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 usedto
discuss the merits ofthe proposal or to receive evidence
on the proposal.
The hearing officer does not presently anticipate holding a fourth status conference before
either a third hearing is held or the Board rules on the motion to suspend.
Accordingly, during
the third 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.
3
Mr. Harsch has arranged the teleconferencing service for the November 17, 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 for the conference, which is 453627,
followed by the
# sign.
Those wishing to join the status
conference early maydo
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 presentlyreserved for the October 13, 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 mcgiI1r(~ipcb.state.il.usby November 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
