RECEIVED
    CLERK’S OFFICE
    ILLINOIS POLLUTION CONTROL BOARD
    DEC
    2
    12004
    December 20, 2004
    STATE
    OF
    ILLINOIS
    Pollution Control Board
    iN THE MATTER OF:
    )
    )
    PROPOSED AMENDMENTS TO
    )
    R04-.25
    DISSOLVED OXYGEN STANDARD
    35
    ILL.)
    (Rulemaking
    -
    Water)
    ADM. CODE 302.206
    )
    HEARING
    OFFICER ORDER
    The proponent ofthis rulemaking is the Illinois Association ofWastewater Agencies
    (JAWA).
    IAWA seeks to amend the Board’s rule establishing general use water quality
    standards for dissolved oxygen
    (35
    Ill. 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, November 17, and December
    17, 2004.
    Below is
    a summary ofthe last call,
    including the hearing officer’s directive that IAWA file a status report by January 31, 2005.
    The hearing officer was joined on the December
    17, 2004 conference call by the
    following participants:
    Roy Harsch, IAWA; Dennis Streicher, CityofElmhurst and TAWA;
    Stefanie Diers and Deborah Williams, Illinois Environmental Protection Agency (IEPA); Albert
    Ettinger, Environmental Law & Policy Center, Prairie Rivers Network, and Sierra Club; Irwin
    Polls, Ecological
    Monitoring & Assessment;
    and Esther Dundore and Tom Chinske, Illinois
    American Water Company.
    Mr. Harsch ofIAWA stated that a stakeholder meeting was held On December
    13, 2004,
    which included,
    among others, the Illinois Department ofNatural Resources (DNR) and the
    United States Environmental Protection Agency (USEPA).
    According to Mr. Harsch, USEPA
    has provided a report regarding dissolved oxygen data from Ohio waters, which is in draft form
    and being peer-reviewed.
    Further, he explained that IAWA and DNR are in the process of
    resolving some technical issues and that
    an additional stakeholder meeting maybe held
    soon.
    During the December 17, 2004 conference call, the participants indicated that they would
    not be readyin January or February 2005 for a third hearing in this rulemaking.
    March 2005 was
    therefore suggested for the third hearing, but the participants could not commit to
    any specific
    hearing dates.
    However, the dates ofMarch
    1, 3,
    10,
    17, 24, and 31, 2005, were ruled
    out.
    At
    the conclusion ofthe conference call, the consensus was that the most efficient way to proceed
    was to allow some additional time for, among other things, IAWA and DNR to try work out their
    technical differences before returning this rulemaking to hearing, and to have
    IAWA file a status
    report with the Board by January 31, 2005.
    Accordingly, as stated by the hearing officer during the December 17,
    2004 call, IAWA
    must file a status report with the Clerk of the Board by January 31, 2005.
    The
    status report must
    provide a procedural update on IAWA’s readiness for a third hearing, which would be held in
    2
    Chicago.
    Ifpracticable, the status report must propose specific dates for a third hearing, ideally
    in March 2005
    and with the agreement ofthose participants most actively involved in this
    rulemaking.
    As the hearing officer noted, pre-filed testimony will be required for the third
    hearing and is generally due 21
    days before hearing.
    The hearing officer anticipates issuing
    a hearing officer order after receiving IAWA’s
    status report.
    The order may provide notice ofthe third hearing date, time, and location, as well a
    deadline for pre-filing testimony.
    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.
    During the December 17, 2004 status conference, Mr. Ettinger stated that he
    would submit a filing to
    the Clerk ofthe Board withdrawing the motion to suspend.
    Mr. Ettinger
    must file the withdrawal by January 31, 2005.
    Please note that as part ofthe Board’s voluntary electronic filing pilot project, certain
    filings in this rulemaking may be made through the Board’s Web-based Clerk’s Office On-Line
    (COOL) at www.ipcb.state.il.us.
    Before attempting any electronic filing with the Clerk ofthe
    Board, please contact John Therriault in the Clerk’s Office at therriai(i~ipcb.state.il.us
    or (312)
    814-3629 or the hearing officer to ensure that the filing
    is eligible forthe pilot project.
    Lastly,
    all filings with the Clerk ofthe Board must be served on the hearing officer and on
    those persons on the Service List.
    Before filing any document with the Clerk, please check with
    Sandy Wiley at (312) 814-3623 or wi1eys(~ipcb.state.il.us
    or the hearing officer to ensure that
    you have the most recent version ofthe R04-25 Service List.
    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
    mcgiJIr(2~ipcb.state.i1
    .us

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