RECEIVED

CLERK’S OFFICE

ILLINOIS POLLUTION CONTRQTh FOARD

November8,2005

UJI

I

bINAL

NOV

082005

STATE OF ILLINOiS

IN

THE MATTER

OF:

)

Pollution

Control Board

)

PROPOSED AMENDMENTS TO TIERED

)

R06-10

APPROACH TO CORRECTIVE ACTION

)

(Rulemaking

-

Land)

OBJECTIVES (35 ILL.

ADM. CODE 742)

)

NOTICE OF HEARINGS

DATES, TIMES, AND PLACES:

FIRST HEARING:

TUESDAY. JANUARY 31,2006, at 10:30

A.M.

Michael A. Bilandic Building

160 N.

LaSalle Street

Room N502

Chicago, Illinois

SECOND HEARING:

WEDNESDAY, MARCH

1,2006, at

10:30 A.M.

Illinois Environmental Protection Agency

North Entrance

TQM Room

1000

E.

Converse

Springfield, Illinois

PURPOSE OF HEARINGS:

Merit and

Economic

ATTENDING BOARD MEMBERS:

Andrea S. Moore

HEARING OFFICER:

Richard R. McGill, Jr.

HEARING

OFFICER ORDER

On September 30,

2005,

the Board received a rulemakingproposal from

the Illinois

Environmental Protection Agency (Agency) to amend the Tiered

Approach to Corrective Action

Objectives (TACO).

Generally, the TACO rules (35 III. Adm. Code 742) provide procedures for

developing remediation objectives based on risks to human health posed by a

site’s

environmental conditions.

The Agency states that its proposed amendments are designed to

improve procedures and reflect updated contaminant standards, test methods, and toxicity

criteria.

On October 20,

2005, the Board accepted the Agency’s proposal for hearing.

This

rulemaking docket is R06-lO.

In ettttpliattee s~thlie

Americans with

I )isahtliIies Act

and olbe, applicable k~Icia

land

Stale

laws,

the hearinu ‘~il

I he

.ssihlc

to individuals

with

disabilities

Iktrsurtsiequnng auxiliary

aids and

ser’iecs should

contact

)ornlhs

I

unti.

(

lerk olihe Itoard. at

Ill West

Randolph St

,Suite

I

hicagu,

Illinois

(1Q60!, at telephone

ntpmhet

312/814—ô93l, fax

number 312/51.1.3660.

or

I I)!) number

3l2/514—1i1132

the days prior

to the

heating.

---

2

Two hearings are presently scheduled for R06-l 0:

January 31, 2006,

in Chicago; and

March

1,2006, in Springfield.

Hearing times and locations are set forth above.

The purpose of

these hearings is to

allow the Board to

receive testimony from the Agency and other interested

participants on the merits and economic impact ofthe rulemaking proposal.

At hearing,

all

persons who testify will be sworn and subject to

questioning.

The Board also will receive

testimony on any economic impact study (EcIS) conducted by the Departmentof Commerce and

Economic Opportunity (DCEO) concerning the proposed rules or DCEO decision not to perform an

EcIS.

For the January 31, 2006 hearing in

Chicago, any person who wishes to testify must

prefile his or her testimony and any related exhibits with the Clerk of the Board no later than

January

13, 2006.

See

35

III. Adm.

Code

102.424.

The “mailbox rule” (35 Ill.

Adm.

Code

101 .300(b)(2)) does not apply to this filing—therefore, the Clerk must

receive

the prefiled

testimony by January

13, 2006.

Those who prefile must be prepared to

provide oral summaries

of their prefiled testimony at the first hearing.

Others who did not prefile may testify at the first

hearing only as time permits and at the discretion of the hearing officer.

As part ofthe Board’s voluntary electronic

filing pilot project, prefiled testimony may be

filed through the Clerk’s Office On-Line (COOL) on the Board’s Web site at

www.ipcb.state.il.us.

Any questions about electronic

filing through COOL should be directed to

the Clerk’s Office

at (312) 814-3629.

The Agency’s rulemaking proposal, including its

statement ofreasons and proposed rule language, maybe obtained on COOL.

Prefiled testimony,

public comments, hearing transcripts, and opinions and orders in R06-l0 also will be available

on-line through COOL.

The Notice List for this rulemaking is the list ofpersons who wish to receive only the

Board’s opinions and orders and hearing officer orders.

The Service List is the list ofpersons

who wish to

actively participate in this proceeding and receive not only opinions and orders, but

also other filings such as prefiled testimony and public comments.

The Notice and Service Lists

for R06-10 are available on COOL.

Prefiled testimony filed with the Clerk must also be

served

on the hearing officer and on those persons on the Service List.

Before filing with the Clerk,

please check with Sandy Wiley at (312) 814-3623 or wileys(a~uipcb.state.i1.usor the hearing

officer to

ensure that

you have the most recent version ofthe 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 or mcgillr~2i~iycb.state.il.us