ILLINOIS POLLUTION CONTROL BOARD
    July 10, 2008
    IN THE MATTER OF:
    PROPOSED AMENDMENTS TO THE
    BOARD’S SPECIAL WASTE
    REGULATIONS CONCERNING
    USED OIL, 35 ILL. ADM. CODE 808, 809
    )
    )
    )
    )
    )
    )
    R06-20
    (Rulemaking - Land)
    ORDER OF THE BOARD (by A.S. Moore):
    This rulemaking proceeding originated with a proposal filed by NORA, An Association
    of Responsible Recyclers (NORA). On May 1, 2008, the Board adopted a first-notice opinion
    and order proposing amendments to the Board’s special waste regulations (35 Ill. Adm. Code
    808, 809). The proposed amendments were published in the
    Illinois Register
    on May 30, 2008.
    32 Ill. Reg. 8085-8102.
    In its first-notice opinion and order, the Board stated that it sought comment on whether
    to amend Part 739 (35 Ill. Adm. Code 739) so that those regulations would require in a single
    tracking document information satisfying the various informational requirements that may apply
    to shipments of used oil. Proposed Amendments to the Board’s Special Waste Regulations
    Concerning Used Oil, 35 Ill. Adm. Code 808, 809, R06-20, slip op. at 1, 56 (May 1, 2008). In
    the event that any participant wished to amend Part 739 in that manner, the Board also sought
    comment in the form of regulatory language that might be proposed to effect such an
    amendment.
    Id
    .
    On June 4, 2008, NORA filed a “Motion to Request Hearing Following First Notice”
    (Mot.). NORA requested a hearing by citing authorities including the Illinois Administrative
    Procedure Act, which provides that the Board shall hold a public hearing during the first-notice
    period if the Board receives a request to do so within the first 14 days after publication of the
    proposed rulemaking in the
    Illinois Register
    from an association representing at least 100
    interested persons. 5 ILCS 100/5-40 (2006);
    see also
    415 ILCS 5/27, 28 (2006). NORA states
    that it “is a trade association comprised of more than 200 companies providing used oil
    collection and recycling services.” Mot. at 1. NORA further states that “[a] hearing will enable
    NORA to respond to the Board’s specific requests for comment by participants on whether to
    amend Part 739 and its request for comment in the form of regulatory language that might be
    proposed to effect such an amendment.”
    Id
    . at 1-2. In addition, NORA requests the scheduling
    of a pre-hearing conference.
    Id
    . at 2, citing 415 ILCS 5/27 (2006).
    The Board grants the motion for a hearing following first notice. The Board directs the
    hearing officer to schedule a pre-hearing conference to address issues including, but not limited
    to, the date and location of the hearing and deadlines for pre-filed testimony and other filings.
    IT IS SO ORDERED.
    2
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on July 10, 2008, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

    Back to top