ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    October 20,
    2008
    CLERK’S
    OIE°
    INTHEMATTEROF:
    )
    Qrr
    )
    PROPOSED
    AMENDMENTS TO TIERED
    )
    R09-9
    jATE
    °ILLfjvO,
    APPROACH TO CORRECTIVE
    ACTION
    )
    (Rulemaking - Land)
    t0
    COntroi
    8d
    OBJECTIVES
    (35 ILL. ADM. CODE 742)
    )
    NOTICE
    OF HEARINGS
    DATES, TIMES, AND
    PLACES:
    FIRST HEARING:
    TUESDAY, JANUARY
    27, 2009, at
    10:30 A.M.
    Illinois
    Environmental Protection
    Agency Office Building
    North
    Entrance
    TQM Room
    1000 E. Converse
    Springfield,
    Illinois
    AND, IF
    BUSINESS REMAINS AT
    THE END OF THAT
    DAY, CONTINUiNG
    THE
    NEXT DAY,
    WEDNESDAY,
    JANUARY 28, 2009,
    BEGINNING AT 9:00 A.M.
    AT
    THE SAME LOCATION.
    SECOND
    HEARING: TUESDAY, MARCH
    17, 2009, at 10:00
    A.M.
    James R.
    Thompson Center
    Room
    9-040
    100
    W.
    Randolph St.
    Chicago,
    Illinois
    AND, IF
    BUSINESS REMAINS AT
    THE
    END OF THAT
    DAY, CONTINUING THE
    NEXT
    DAY, WEDNESDAY, MARCH
    18, 2009, BEGINNING
    AT 9:00 A.M. AT
    THE
    SAME
    ADDRESS BUT IN ROOM 2-025.
    PURPOSE
    OF
    HEARINGS:
    Merit
    and Economic
    ATTENDING
    BOARD MEMBERS:
    Thomas
    E. Johnson
    HEARING
    OFFICER:
    Richard R. McGill, Jr.
    ln
    compliance
    with
    the
    Americans with
    l)isahiiitics
    Act
    and other applicable federal and
    State
    laws,
    the hearing
    will
    he accessible
    to individuals
    ith
    disabilities.
    Persons requinng aux Itary tuds and
    sves
    should contact
    John Thcniault, Assistant ( dorIs of the hoard,
    at 100 West Randolph
    St.,
    Suhe
    1 1—500. Chicago.
    liltuols 60601 , at telephone number
    3
    2/814—6031
    , fax number
    3 2/Si
    4—3669.
    or
    TD[)
    number
    3
    1 2/814—6032,
    13cc days
    prior to
    the bearing.

    2
    HEARING
    OFFICER
    ORDER
    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
    (415 ILCS
    5/27, 28
    (2006)).
    The
    Agency proposes
    to add the
    indoor inhalation
    exposure
    route
    to TACO’s
    risk-based
    methodology,
    as
    well as update
    remediation
    objectives
    for
    all
    exposure
    routes.
    On
    September
    16, 2008,
    the Board
    accepted
    the Agency’s
    proposal
    for
    hearing.
    Two hearings
    are presently
    scheduled,
    as
    stated in
    the
    above
    notice.
    The
    first hearing
    will
    be
    held in
    Springfield,
    beginning
    at 10:30
    a.m. on January
    27,
    2009,
    and
    if business
    remains
    at
    the end
    of that
    day,
    will continue
    the next day,
    January
    28, 2009,
    starting
    at 9:00
    a.m.
    The
    second hearing
    will be
    held in Chicago,
    beginning
    at 10:00
    a.m.
    on March
    17, 2009,
    and
    if
    business
    remains
    at the end
    that day,
    will
    continue
    the
    next day,
    March
    18,
    2009, starting
    at
    9:00
    a.m.
    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 of
    the 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
    Department
    of
    Commerce
    and
    Economic
    Opportunity
    (DCEO)
    concerning
    the
    proposed
    rule
    amendments
    or
    DCEO
    decision
    not to perform
    an
    EcIS.
    To
    enhance the
    productivity
    of
    the first
    hearing,
    the
    hearing officer
    is
    requiring
    prefiled
    testimony,
    prefiled
    questions,
    and prefiled
    answers.
    Any
    person
    who wishes
    to testify
    at
    the
    first
    hearing
    must prefile
    his or her
    testimony
    and any
    related
    exhibits
    with
    the Clerk
    of the Board
    no
    later
    than
    November
    19,
    2008. The
    hearing
    officer
    directs
    participants
    to
    prefile questions
    by
    December
    17, 2008,
    for witnesses
    who
    prefiled
    testimony.
    In addition,
    the hearing
    officer
    directs
    those witnesses
    to whom
    prefiled
    questions
    are addressed
    to
    prefile
    answers
    to those
    prefiled
    questions
    by
    January
    19, 2009.
    The
    “mailbox
    rule”
    (35 Ill.
    .Adm. Code
    101.300(b)(2))
    does
    not apply
    to any ofthese
    filings—therefore,
    the
    Clerk must
    receive
    the
    prefiled
    materials
    by
    4:30
    p.m. on the
    respective
    deadline
    dates.
    Prefiled materials
    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
    of
    reasons and
    proposed
    rule language
    may
    be
    obtained
    on
    COOL.
    Prefiled
    materials,
    public
    comments,
    hearing
    transcripts,
    and
    opinions
    and orders
    in
    R09-9
    also
    will be
    available
    on-line
    through
    COOL.
    All timely
    prefiled
    materials
    will
    be entered
    into
    the
    record
    as
    if
    read
    at
    hearing, unless
    the
    hearing officer
    directs
    otherwise.
    35 Ill.
    Adm. Code
    102.424(f).
    Those who
    prefile
    testimony
    and related
    exhibits,
    questions,
    or answers
    are requested
    to bring
    ten copies
    of
    their

    3
    prefiled
    material
    to
    the first hearing.
    Participants who
    do not prefile testimony
    will
    be allowed
    to
    testify at the
    first hearing
    only if time permits
    after all prefiled
    materials
    are addressed. Prefiling
    deadlines
    for the second
    hearing may be established
    at
    a
    later date.
    The
    Notice List for this
    rulemaking is the list
    of
    persons
    who wish to receive only
    the
    Board’s
    opinions and
    orders and hearing
    officer
    orders.
    The
    Service
    List is the list of persons
    who
    wish to actively
    participate in this
    proceeding and receive
    not only opinions
    and orders,
    but
    also other filings
    such as prefiled
    materials and
    public
    comments.
    The Notice
    and Service Lists
    for R09-9
    are
    available on COOL.
    Prefiled
    materials
    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
    confirm that you have
    the most
    recent
    version
    of the 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 rncgi11ripcb.state.i1.us

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