ILLINOIS POLLUTION CONTROL BOARD
    September 16, 2008
    IN THE MATTER OF:
    PROPOSED AMENDMENTS TO TIERED
    APPROACH TO CORRECTIVE ACTION
    OBJECTIVES (35 ILL. ADM. CODE 742)
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    R09-9
    (Rulemaking – Land)
    ORDER OF THE BOARD (by T.E. Johnson):
    On September 3, 2008, the Board received a rulemaking proposal from the Illinois
    Environmental Protection Agency (Agency) to amend the Board’s rules concerning the Tiered
    Approach to Corrective Action Objectives (TACO). The TACO rules are set forth in Part 742 of
    Title 35 of the Illinois Administrative Code (35 Ill. Adm. Code 742). The Agency filed the
    proposal under Sections 27 and 28 of the Environmental Protection Act (Act) (415 ILCS 5/27, 28
    (2006)). Today the Board accepts the Agency’s proposal for hearing.
    As the Agency notes in the “Statement of Reasons” (Statement) portion of its proposal,
    the TACO rules provide “procedures for developing remediation objectives based on various
    risks to human health posed by environmental conditions at a site.” Statement at 1. With these
    proposed amendments, the Agency seeks to “add the indoor inhalation exposure route to the
    existing risk-based methodology.”
    Id
    . at 2. The proposal also includes amendments to “update
    remediation objectives for all of the exposure routes.”
    Id
    . at 4.
    The Agency’s proposal is accompanied by a motion (Motion) for relief from the
    requirement to file copies of material proposed to be incorporated by reference.
    See
    35 Ill. Adm.
    Code 102.202(d). The Agency wants to avoid filing two of the amended documents proposed
    for incorporations by reference, specifically:
    (1) “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,”
    USEPA [United States Environmental Protection Agency] Publication No. SW-
    846, as amended by Updates I, II, IIA, IIB, III, IIIA, and IIIB, prepared by
    USEPA and available from National Technical Information Service, 5285 Port
    Royal Road, Springfield, VA 22161 or online at
    http://www.epa.gov/epaoswer/hazwaste/test/main.htm
    ; and (2) United States
    Environmental Protection Agency, CFR Promulgated Test Methods, Method 3C,
    “Determination of Carbon Dioxide, Methane, Nitrogen, and Oxygen from
    Stationary Sources” and Method 16, “Semicontinuous Determination of Sulfur
    Emissions from Stationary Sources,” Technology Transfer Network, Emission
    Measurement Center, (2007) available online at
    http://www.epa.gov/ttn/emc/promgate.html
    . Motion at 1-2.
    The Agency maintains that these voluminous, multiple-volume references are already in the
    Board’s possession and would be unduly burdensome and costly to copy.
    Id
    . at 1. The Board
    grants the motion.
    2
    The Board finds that the Agency’s rulemaking proposal satisfies the content requirements
    of 35 Ill. Adm. Code 102.202. The Board accepts the proposal for hearing. The Board directs
    the hearing officer assigned to proceed expeditiously under the Title VII rulemaking provisions
    of the Act (415 ILCS 5/27, 28 (2006)) and the Board’s procedural rules (35 Ill. Adm. Code 102).
    IT IS SO ORDERED.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on September 16, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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