RECEVED
CLERK’S
OFFICE
ILLINOIS
POLLUTION
CONTROL BOARD
April 2,
2009
APR
02
2009
STATE
OF
lLLlNOS
IN THE MATTER
OF:
)
Poflutofl
Control
Board
)
PROPOSED
AMENDMENTS TO
TIERED
)
R09-9
APPROACH
TO CORRECTIVE
ACTION
)
(Rulemaking
- Land)
OBJECTIVES
(35 ILL. ADM.
CODE 742)
)
HEARING OFFICER
ORDER
The
second
hearing in this
rulemaking
was
held in Chicago on
March 17, 2009. On
the
record at
the
second hearing,
the
hearing officer
set a pre-first
notice deadline
of May 29, 2009,
for filing public
comments. If
the Board proceeds
to first notice,
there will
be other opportunities
to file
public comments in
this rulemaking.
Filing
by
May
29,
2009,
however,
ensures that the
comment will
be
considered
by the Board before
the Board
adopts
any
proposed amendments
for
first-notice publication
in the Illinois
Register.
Public
comments must
be
filed with the
Clerk’s
Office and
may be filed at:
Pollution Control Board
Clerk’s
Office
JRTC
100W. Randolph
Street, Suite
11-500
Chicago,
IL 60601
Public comments
may also be filed through
the Clerk’s Office
On-Line (COOL)
on the Board’s
Web
site at www.ipcb.state.i.1.us.
Any questions
about
electronic
filing through
COOL
should
be
directed to the
Clerk’s Office at (312)
814-3629. Each
person who files
a public comment
must
also serve a copy of the
public comment on
each person
on
the
R09-9 Service
List. Finally,
to
facilitate
the citation of hearing
exhibits,
attached to
this order is the list
of exhibits admitted
at
the two hearings.
IT IS
SO ORDERED.
Ric’iaard R. McGill, Jr.
Hearing
Officer
Illinois Pollution
Control Board
100
West Randolph
Street, Suite 11-500
Chicago, Illinois
60601
(312) 814-6983
or
mcgii1r(ipch.state.i1.us
ILLINOIS
POLLUTION
CONTROL BOARD
IN THE MATTER OF:
)
)
PROPOSED
AMENDMENTS
TO TIERED
)
R09-9
APPROACH TO
CORRECT
WE
ACTION
)
(Rulemaking - Land)
OBJECT
WES (35 ILL.
ADM. CODE
742)
)
EXHIBIT
LIST
First
Hearing:
January 27, 2009,
Springfield
Exhibit
1:
Errata
Sheet
Number
1 of IEPA
Exhibit
2: Errata Sheet
Number 2 of
IEPA
Exhibit
3:
Prefiled
Testimony
of Gary King of
IEPA
Exhibit 4:
Color
Hardcopy of Slide
Presentation of Dr.
Atul
Salhotra
on behalf of JEPA
Exhibit
5: Prefiled Testimony
of Dr.
Thomas Homshaw
of 1EPA
Exhibit 6: Prefiled Testimony
of Tracey Hurley
of IEPA
Exhibit
7:
Prefiled Questions
of Gail Artrip,
Carison Environmental
Exhibit
8: Prefiled Questions
of the Illinois Environmental
Regulatory
Group (IERG)
Exhibit 9: Prefiled
Responses of IEPA
Second Hearing: March
17, 2009, Chicago
Exhibit
10: IEPA’s
“Supplemental
Studies
and Reports List”
Exhibit
11: Prefiled
Testimony
of Heather Nifong
of IEPA
Exhibit 12: Prefiled
Testimony of Dr.
Thomas
Homshaw
of IEPA
Exhibit
13: USEPA’s March
2005 revised
“Guidelines for Carcinogen
Risk
Assessment”
Exhibit
14:
Prefiled Testimony
of
Tracey Hurley
of IEPA (flied
2/23/09)
Exhibit 15:
Errata Sheet Number
3 of IEPA
Exhibit 16: Prefiled
Questions
of
Raymond Reott
2
Exhibit 17:
Prefiled Questions
of
IERG
Exhibit 18:
Prefiled
Responses
of IEPA
Exhibit 19:
Prefiled
Testimony
of Tracey
Hurley of JEPA
(filed 3/12/09)
Exhibit
20:
Errata
Sheet
Number 4
of
IEPA
Exhibit 21: USEPA,
Sept. 2005,
“Uncertainty
and the
Johnson-Ettinger
Model for
Vapor
Intrusion
Calculations,”
EPA!600/R-05/1
10
Exhibit 22: USEPA,
Sept. 2005,
“Review
of Recent Research
on Vapor Intrusion,”
EPAJ600/R-
05/106
Exhibit 23:
USEPA,
OSWER
Directive
9610.17, Mar. 1, 1995,
“Use of
Risk-Based Decision-
Making In UST Corrective
Action
Programs”
Exhibit
24: Prefiled
Testimony
of
Brian Martin of the Site
Remediation
Advisory Committee
(SRAC)
Exhibit 25: Prefiled
Testimony
of Raymond Reott
Exhibit
26:
Table
attachment in
prefiled testimony
of Raymond
Reott entitled “Comparison
of
Existing
and Proposed TACO
Standards
(02/19/09)
For Residential
Property
in Communities
With an Approved
Groundwater
Use Institutional
Control
Ordinance”
Exhibit 27: Prefiled
Testimony
of
Harvey Pokomy
of Versar
Exhibit
28: Prefiled Testimony
of James Olsta
of CETCO
Exhibit
29:
60-mil
“PolyFlex”
membrane
Exhibit 30:
Prefiled
Responses
of
James
Olsta of CETCO
Exhibit 31: Liquid Boot
Brownfield
Membrane/Liner
&
Vent
System
brochure with
sample
of
60-mil
spray-applied
membrane