ILLINOIS
    POLLUTION CONTROL BOARD
    November 3, 2005
    NOV
    032005
    INTHEMATTEROF:
    )
    STATE
    OF ILLINuS
    )
    Pollution Control
    Board
    PROPOSED AMENDMENTS TO
    )
    R04-25
    DISSOLVED OXYGEN STANDARD
    35 ILL.)
    (Rulemaking
    -
    Water)
    ADM. CODE 302.206
    )
    HEARING
    OFFICER ORDER
    This order addresses two motions.
    In one motion, the Illinois Environmental Protection
    Agency (Agency) asks the hearing officer to require the filing ofan
    additional status report in this
    rulemaking.
    In the other motion, a witness requests corrections to the transcript ofthe
    August 25, 2005 hearing.
    As described below, the hearing officer grants both motions.
    On October 28, 2005, the Agency filed a status report pursuant to the hearing officer’s
    order ofAugust 30, 2005.
    In its
    status report, the Agency states
    that since the August 25, 2005
    hearing, the third hearing in this rulemaking, the Agency has been meeting with the Illinois
    Department of Natural Resources (DNR).
    Specifically, the status
    report explains that the Agency
    and DNR have been working to “develop a state position conceming Illinois’
    current dissolved
    oxygen standard” and
    discussing “the development of an interim tiered approach for dissolved
    oxygen.”
    Report
    at
    1.
    A stakeholder meeting was held on October
    19,
    2005, attended by representatives ofthe
    Agency, DNR, the United States Environmental
    Protection Agency, the Illinois Association of
    Wastewater Agencies (theproponent ofthis rulemaking), the Illinois Environmental Regulatory
    Group,
    Sierra Club, Prairie Rivers Network, Friends ofthe Chicago River, and Midwest
    Generation.
    Another stakeholder meeting is scheduled for November 15,
    2005.
    Report at
    1-2.
    The status report states that the Agency and DNIR are “hopeful that
    in the near future the
    supplemental assessment activities currently being undertaken will be completed, the results
    evaluated and
    a position developed that both
    Illinois EPA and IDNR can support with
    confidence.”
    Id.
    at 2.
    The Agency asks that the hearing officer require the filing of another status report by
    November 30, 2005,
    in which the Agency would “explain the progress to date, the
    status of
    stakeholder discussions and possible meetings and
    ..
    .
    include ifappropriate the suggested
    dates for a fourth hearing.”
    Report at 2.
    There has been no response filed to
    this Agency motion.
    The hearing officer grants the Agency’s motion.
    Accordingly, the Agency must file a second
    status report by November 30, 2005.
    This
    filing may be made electronically through the Board’s
    Web-based Clerk’s Office On-Line (COOL) at www.ipcb.state.il.us.
    Any filing with the Board
    must also be served on the hearing officer and on those persons on the Service List.
    2
    The second motion ruled upon in this order was filed on September
    8, 2005, by a witness
    who
    testified at the August
    25,
    2005 hearing, Dr. Thomas
    J.
    Murphy.
    Dr. Murphy asks that
    numerous corrections be made to the third hearing’s transcript concerning his testimony.
    Section
    101.604 ofthe Board’s procedural
    rules
    (35
    III. Adm. Code
    101.604) allows any
    witness
    to “file a motion with the hearing officer to
    correct the transcript within 21
    days after
    receipt of the transcript in the Clerk’s Office.”
    Because the Clerk’s Office received the third
    hearing’s transcript on September 6, 2005, Dr.
    Murphy’s motion
    is timely.
    No response to Dr.
    Murphy’s motion has been filed.
    The hearing officer grants Dr. Murphy’s motion.
    To avoid any potential
    confusion, the
    R04-25 docket sheet entry for the August
    25,
    2005 hearing transcript will reflect that the hearing
    officer granted Dr.
    Murphy’s motion to correct.
    For further clarity, the Clerk’s Office has been
    instructed to physically and electronically attach this hearing officer order and Dr. Murphy’s
    motion (with the transcript corrections) to
    the front ofthe August 25, 2005
    hearing transcript.
    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
    rncgillr@ipcb.state.il.us

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