RECEIVED
CLERK'S OFFICE
AUG 0 7 2008
STATE OF ILLINOIS
Pollution Control Board
ILLINOIS POLLUTION CONTROL BOARD
August 7, 2008
IN THE MATTER OF:
)
PROPOSED AMENDMENTS TO THE )
R06-20
BOARD'S SPECIAL WASTE )
(Rulemaking
- Land)
REGULATIONS CONCERNING USED OIL, )
35 ILL. ADM. CODE 808, 809
)
NOTICE OF HEARING
DATE, TIME, AND LOCATION:
WEDNESDAY, OCTOBER 1, 2008
10:30 AM
Room 11-512 (Illinois Pollution Control Board Videoconference Room)
James R. Thompson Center
100 W. Randolph Street
Chicago, Illinois
PURPOSE OF HEARINGS:
Merit and Economic
ATTENDING BOARD MEMBER:
Andrea S. Moore
HEARING OFFICER:
Timothy J. Fox
HEARING OFFICER ORDER
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 sought comment on whether to amend
standards for the management of used oil at Part 739 of its regulations (35 Ill. Adm. Code 739)
so that those standards 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 favored
amending Part 739 in that manner, the Board sought comment in the form of regulatory language
that might be proposed to effect such an amendment.
Id.
In compliance with the Americans with Disabilities Act and other applicable federal and State laws, the hearing will be accessible to individuals with
disabilities. Persons requiring auxiliary aids and services should contact John Then
•
ault, Assistant Clerk of the Board, at 100 \Vest Randolph St.,
Suite 11-500, Chicago, Illinois 60601. at telephone number 312/814-6931, fax number 312/814-3669.
or
TDD number 312/814-6032, five days prior
to the hearing.
2
On June 4, 2008, NORA filed a "Motion to Request Hearing Following First Notice"
(Mot.). NORA's motion stated 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." Mot. at 1-2. NORA also requested the scheduling of a pre-hearing conference.
Id.
at 2, citing 415 ILCS 5/27 (2006).
In an order dated July 10, 2008, the Board granted NORA's motion for a hearing and
directed 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. In an order dated July 17, 2008, the hearing officer scheduled a participants'
conference call on July 31, 2008. The order stated that the purpose of the call would be limited
to having participants report on their availability for hearing and to scheduling a hearing and
associated deadlines. The conference call took place as scheduled and included the hearing
officer and two other participants: Mr. Christopher Harris on behalf of NORA and Ms.
Stephanie Flowers on behalf of the Illinois Environmental Protection Agency (Agency). The
date, time, and location indicated in this hearing notice reflect the agreement of the participants.
Pre-Filing Deadlines
As noted above, the Board requested comment on whether to amend used oil regulations
at Part 739 (35 Ill. Adm. Code 739) and, in the event that any participant favored amending Part
739, comment in the form of proposed regulatory language that might effect such an amendment.
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). NORA's motion referred to this
request for comment in seeking an additional hearing.
Consequently, as discussed in the July 31, 2008 conference call, any participant who
wishes to comment on whether to amend Part 739, or to propose language amending it, is
directed to submit that comment to the Board as pre-filed testimony for the October 1, 2008
hearing. All pre-filed testimony and any related exhibits must be filed no later than Wednesday,
September 17, 2008. The "mailbox rule" at 35 Ill. Adm. Code 101.300(b)(2) does not apply to
the filing of this pre-filed testimony, and the Board's Clerk must receive these documents before
the close of business on that date. Although documents may be filed electronically though the
Clerk's Office On-Line (COOL) from the Board's Web site at www.ipcb.state.il.us, any
electronic or approved fax filings must be received by the Clerk no later than 4:30 PM on
September 17, 2008. Any questions about electronic filing through COOL should be directed to
the Clerk's Office at (312) 814-3629.
Order of Hearing
The hearing officer presently intends to allow NORA as the proponent in this rulemaking
to present the testimony of all of its witnesses before hearing the testimony of other participants
who pre-file testimony. All pre-filed testimony will be entered into the record as if read.
See
35
Ill. Adm. Code 102.424(f). A brief summary of testimony will be allowed if a witness wishes to
provide one. Following any brief summaries, witnesses will respond to any questions based on
3
that testimony. Participants who do not pre-file testimony will be allowed to testify as time
permits after the conclusion of pre-filed testimony and questions based upon it.
Any participant who wishes to offer a public comment at the hearing will be allowed to
do so if time permits at the close of testimony and questions based upon it. As discussed during
the July 31, 2008 conference call, deadlines for filing post-hearing comments and any response
to them will be set at a later date.
See
35 Ill. Adm. Code 102.108(b).
Hearing Room
During the July 31, 2008, conference call, the Agency stated that it expects to have two
or three persons participating in the hearing, and NORA stated that it expects to have 12 to 15
witnesses testifying. Because there were no other hearing rooms available on October 1, 2008,
in the Thompson Center or Bilandic Building, the hearing will take place in the Board's
videoconference room, which accommodates 25 persons. Any participant expecting to involve
more persons in the hearing than indicated during the conference call is respectfully urged to
contact the hearing officer so that any necessary arrangements can be made.
IT IS SO ORDERED.
Timothy J. Fox
Hearing Officer
Illinois Pollution Control Board
100 W. Randolph St., Suite 11-500
Chicago, Illinois 60601
312-814-6085
foxt@ipcb.state.il.us