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