1 BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    2
    3 IN THE MATTER OF: )
    ) R98-17
    4 EXEMPTIONS FROM THE DEFINITION ) (Identical-in-Substance
    OF VOM, USEPA AMENDMENTS ) Rulemaking-Air)
    5 (July 1, 1997, through )
    April 9, 1998 )
    6
    7
    8 The PROCEEDINGS taken before AMY MURAN FELTON,
    9 the Hearing Officer, stenographically recorded by
    10 CARYL L. HARDY, CSR, a notary public within and for
    11 the County of Cook and State of Illinois, at the
    12 James R. Thompson Center, 100 West Randolph Street,
    13 Room 11-500, Chicago, Illinois, on the 3rd day of
    14 June, A.D., 1998, scheduled to commence at
    15 2:00 o'clock p.m. commencing at 2:10 p.m.
    16
    17
    18
    19
    20
    21
    22
    23
    24
    L.A. REPORTING (312) 419-9292
    2
    1 A P P E A R A N C E S:
    2 ILLINOIS POLLUTION CONTROL BOARD
    100 West Randolph Street
    3 Suite 11-500,
    Chicago, Illinois 60601
    4 (312) 814-3669
    BY: MS. AMY MURAN FELTON
    5
    6 ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    1021 North Grand Avenue East
    7 P.O. Box 19276
    Springfield, Illinois 62794
    8 (217) 782-5544
    BY: MS. DEBORAH J. WILLIAMS
    9
    Appeared on behalf of the Illinois
    10 Environmental Protection Agency,
    11
    ALSO PRESENT:
    12
    Mr. G. Tanner Girard, Ph.D.
    13 Ms. Marie Tipsord
    14
    15
    16
    17
    18
    19
    20
    21
    22
    23
    24
    L.A. REPORTING (312) 419-9292
    3
    1 I N D E X
    2 PAGES
    3 GREETING BY HEARING OFFICER . . . . . . . . 4
    4 GREETING BY DR. GIRARD. . . . . . . . . . . 6
    5 TESTIMONY OF DEBORAH J. WILLIAMS. . . . . . 8
    6 CLOSING COMMENTS BY HEARING OFFICER . . . . 12
    7
    8
    9 E X H I B I T S
    10 Marked for
    Identification
    11
    Exhibit No. 1 . . . . . . . . . . . . . . . 8
    12
    13
    14
    15
    16
    17
    18
    19
    20
    21
    22
    23
    24
    L.A. REPORTING (312) 419-9292
    4
    1 THE HEARING OFFICER: Good afternoon. This is
    2 a regulatory hearing being conducted by the Illinois
    3 Pollution Control Board, In the Matter of:
    4 Exemptions from the Definition of Volatile Organic
    5 Material, or VOM, USEPA Amendments, July 1st, 1997,
    6 through April 9th, 1998, docketed by the board as
    7 R98-17.
    8 My name is Amy Muran Felton, and I am the
    9 hearing officer in this proceeding. Present today
    10 on behalf of the Illinois Pollution Control Board
    11 and seated to my right is Board Member Dr. Tanner
    12 Girard. Board Member Girard is assigned to
    13 coordinate this rulemaking. Also present from the
    14 board is attorney assistant to Board Member Girard
    15 Marie Tipsord.
    16 This rulemaking proposal adds 16 chemical
    17 compounds. That is HFC-32, HFC-161, HFC-236fa,
    18 HFC-245ca, HFC-245ea, HFC-245eb, HFC-235fa,
    19 HFC-236ea, HFC-365mfc, HCFC-31, HCFC-123a,
    20 HCFC-151a, C4F9OCH3. Then there is an open parens
    21 for the next chemical, (CF3)2CFCF2OCH3. The next
    22 chemical is C4F9OC2H5. The next chemical is, again,
    23 an open parens, (CF3)2CFCF2OC2H5 and the chemical
    24 compound methyl acetate. These chemicals have been
    L.A. REPORTING (312) 419-9292
    5
    1 added to the list of chemical species that are
    2 exempt from the definition of VOM.
    3 On April 16th, 1998, the board adopted a
    4 proposal for public comment in this proceeding. The
    5 proposal was published in the Illinois Register on
    6 May 1st, 1998, at 22 Ill. Reg. 7450.
    7 This hearing will be governed by the
    8 board's procedural rules for regulatory
    9 proceedings. This is a legislative type hearing
    10 intended to develop a record for review by the
    11 entire seven-member board. All information which is
    12 relevant and not repetitious or privileged will be
    13 admitted. All witnesses will be sworn and subject
    14 to cross questioning.
    15 This rulemaking is mandated by
    16 Section 9.1(e) of the Environmental Protection Act
    17 which requires the Pollution Control Board to exempt
    18 from the definition of VOM for purposes of preparing
    19 the state implementation plan for National Ambient
    20 Air Quality Standards for ozone.
    21 Anyone may ask a question of any witness.
    22 If you have a question of a witness, please identify
    23 yourself and ask those questions of that witness.
    24 Any questions by the board members or staff are not
    L.A. REPORTING (312) 419-9292
    6
    1 intended to express any preconceived notions or bias
    2 but only to build a complete record for review by
    3 the other board members who are not present here
    4 today.
    5 At this time, I would just like to ask
    6 whether or not Board Member Girard would have any
    7 comments he would like to make. Dr. Girard?
    8 DR. GIRARD: Thank you. Good afternoon.
    9 Welcome, everyone, to this hearing. I hope we have
    10 a fair and efficient hearing.
    11 Just one note: I think when you were
    12 reading out the names of those chemicals, where you
    13 said zero, it actually should be an O as in oxygen.
    14 THE HEARING OFFICER: You are right.
    15 DR. GIRARD: But it will look the same way when
    16 the court reporter prints them out.
    17 THE HEARING OFFICER: Thank you, actually, for
    18 clarifying that not being as well-versed in the
    19 scientific area.
    20 Yes, if the court reporter would just
    21 reflect that all of those zeros should be 0s. Thank
    22 you.
    23 Okay. At this time, I would like to ask
    24 whether or not anyone here would like to make any
    L.A. REPORTING (312) 419-9292
    7
    1 comments on behalf of or in support of or in
    2 opposition to this proposed rulemaking.
    3 MS. WILLIAMS: Yes, I would.
    4 THE HEARING OFFICER: Will you please state
    5 your name for the record?
    6 MS. WILLIAMS: It's Deborah Williams.
    7 THE HEARING OFFICER: And you represent?
    8 MS. WILLIAMS: And I'm here on behalf of the
    9 Illinois Environmental Protection Agency.
    10 THE HEARING OFFICER: Now, the agency filed a
    11 prefiled comment. Would the agency like that to be
    12 entered into the record as if read?
    13 MS. WILLIAMS: Yes, please.
    14 THE HEARING OFFICER: This prefiled comment
    15 filed by the Illinois Environmental Protection
    16 Agency on May 22nd, 1998, is that a true and
    17 accurate copy of that comment?
    18 MS. WILLIAMS: That's it.
    19 THE HEARING OFFICER: Let's first swear in the
    20 witness.
    21 (The witness was duly sworn.)
    22 THE HEARING OFFICER: Once again, I present the
    23 prefiled comments of the agency filed on May 22nd,
    24 1998.
    L.A. REPORTING (312) 419-9292
    8
    1 MS. WILLIAMS: Yes, that's it.
    2 THE HEARING OFFICER: That's a true, correct,
    3 and accurate copy?
    4 MS. WILLIAMS: Yes.
    5 THE HEARING OFFICER: Okay. Thank you.
    6 Any objections to entering this prefiled
    7 testimony of the Illinois Environmental Protection
    8 Agency filed on May 22nd, 1998?
    9 Seeing that there are no objections, we
    10 will enter this into the record as if read and as
    11 Exhibit Number 1. If we could just attach this to
    12 the transcript, this will suffice.
    13 (Exhibit No. 1 marked for
    14 identification, 6-3-98.)
    15 THE HEARING OFFICER: Okay. Great. Is there
    16 any other testimony you would like to present?
    17 MS. WILLIAMS: I would like to briefly
    18 summarize my prefiled testimony, if that's all
    19 right.
    20 THE HEARING OFFICER: Please proceed.
    21 MS. WILLIAMS: Good afternoon. My name is
    22 Deborah Williams, and I'm here today to represent
    23 the Illinois Environmental Protection Agency in this
    24 identical-in-substance rulemaking 98-17.
    L.A. REPORTING (312) 419-9292
    9
    1 The Illinois EPA supports the Illinois
    2 Pollution Control Board's rulemaking proposal to
    3 amend the definition of VOM in 35 Ill. Adm. Code,
    4 Section 211.7150 to exempt these 17 chemicals
    5 delisted from the definition of volatile organic
    6 material by USEPA since July 1st, 1997.
    7 First, I would like to point out, for the
    8 purpose of the record, three typographic errors in
    9 the proposed rule. All three involve the
    10 identification of delisted chemicals.
    11 The first chemical, HFC-365mfc is
    12 misidentified by the chemical name
    13 1,1,1,3-pentafluorobutane rather than
    14 1,1,1,3,3-pentafluorobutane.
    15 Second, the chemical HFC-245eb is
    16 misidentified by the chemical name
    17 1,1,1,2,2-pentafluoropropane rather than
    18 1,1,1,2,3-pentafluoropropane.
    19 And finally, there is an open parentheses
    20 missing from the beginning of the compound
    21 heptafluoropropane, which should be
    22 ((CF3)2CFCF2OCH3).
    23 On April 9th, 1998, USEPA delisted methyl
    24 acetate as a volatile organic material because it
    L.A. REPORTING (312) 419-9292
    10
    1 was determined that this compound has negligible
    2 contribution to tropospheric ozone formation.
    3 In addition, on August 25th, 1997, USEPA
    4 exempted the remaining 16 compounds in the proposed
    5 rulemaking from the definition of VOM thereby
    6 exempting them from regulation for control of
    7 tropospheric ozone precursors.
    8 Pursuant to Section 9.1(e) of the
    9 Environmental Protection Act, the board is mandated
    10 to exempt from the definition of VOM those volatile
    11 organic compounds that USEPA determines to be exempt
    12 from regulation under state implementation plans for
    13 ozone due to negligible photochemical reactivity.
    14 This rulemaking proposed by the board in an
    15 April 16th, 1998, opinion and order is substantially
    16 consistent with this mandate in the act.
    17 In the Illinois EPA's opinion, the
    18 exemption of methyl acetate and these 16 chemicals
    19 delisted on August 8th -- August 25th, 1997, will
    20 not affect any efforts by the Illinois EPA to
    21 achieve National Ambient Air Quality Standards in
    22 the Chicago and Metro-East ozone non-attainment
    23 areas. This is true for three reasons.
    24 One, some of these chemicals will be used
    L.A. REPORTING (312) 419-9292
    11
    1 in refrigeration process which will be replacing
    2 other currently exempt chemicals that are already
    3 inventoried as non-VOM compounds.
    4 Second, a number of the chemicals will be
    5 used in processes which will replace current VOM
    6 compounds. Thus, by replacing currently inventoried
    7 VOMs, the exemption of these chemicals will assist
    8 Illinois EPA in reaching ozone attainment.
    9 And finally, for many of these chemicals,
    10 they currently make up such a small portion of the
    11 total VOM inventory that their exemption will have a
    12 negligible impact on the inventory and the ability
    13 to achieve attainment.
    14 For these reasons, the Illinois EPA
    15 supports the board's proposal. Thank you.
    16 THE HEARING OFFICER: Anything else you would
    17 like to present, Ms. Williams?
    18 MS. WILLIAMS: That would be it.
    19 THE HEARING OFFICER: Okay. Are there any
    20 questions for this particular witness?
    21 MR. GIRARD: I have no questions.
    22 THE HEARING OFFICER: The only question I had
    23 is you had mentioned that one of the chemicals was
    24 misidentified. I just wanted to clarify that it is
    L.A. REPORTING (312) 419-9292
    12
    1 our understanding from the board's April 16th, 1998,
    2 opinion with regard to the chemical compound
    3 HFC-245eb, we had it originally identified --
    4 misidentified, as you stated correctly,
    5 1,1,1,2,2-pentafluoropropane, and I wasn't sure
    6 if -- you had indicated that there was that second
    7 2, and I just wanted to let you know that --
    8 MS. WILLIAMS: Right. It should be 2 -- it
    9 should be 1,1,1,2,3?
    10 THE HEARING OFFICER: Right. Okay.
    11 MS. WILLIAMS: It's 1,1,1,2,2 in the rule,
    12 right?
    13 THE HEARING OFFICER: That's correct. Okay. I
    14 just wanted to clarify that.
    15 MS. WILLIAMS: Okay.
    16 THE HEARING OFFICER: Any other questions that
    17 anybody has at this time for this witness?
    18 Okay. Seeing that there are no questions
    19 and, at this time, no other witnesses, I will just
    20 outline the public comment period and when that
    21 closes.
    22 The 45-day public comment period commenced
    23 on May 1st, 1998, upon publication of the proposal
    24 in the Illinois Register. It is a 45-day public
    L.A. REPORTING (312) 419-9292
    13
    1 comment period. As such, it will close on Monday
    2 June 15th, 1998.
    3 Consequently, any additional public
    4 comments regarding this proposal in this proceeding
    5 must be filed and received by the board by June 15th,
    6 1998. The mailbox rule as set forth at 35 Ill. Adm.
    7 Code 101.102 will not apply to any of these
    8 comments.
    9 We will take a brief five minutes off the
    10 record for a second.
    11 (Whereupon, a discussion was held off
    12 the record.)
    13 THE HEARING OFFICER: Back on the record.
    14 If there are no other comments regarding
    15 this proposal, we will adjourn this particular
    16 hearing. We thank you for your attendance and for
    17 your time in attending this hearing. This matter is
    18 hereby adjourned. Thank you.
    19 (Which were the proceedings concluded
    20 in the above-entitled matter at
    21 2:25 p.m.)
    22
    23
    24
    L.A. REPORTING (312) 419-9292
    14
    1 STATE OF ILLINOIS )
    ) SS.
    2 COUNTY OF COOK )
    3
    4 I, CARYL L. HARDY, a Certified Shorthand
    5 Reporter doing business in the County of Cook and
    6 State of Illinois, do hereby certify that I reported
    7 in machine shorthand the proceedings at the hearing
    8 of the above-entitled cause.
    9 I further certify that the foregoing is a
    10 true and correct transcript of said proceedings as
    11 appears from the stenographic notes so taken and
    12 transcribed by me.
    13
    14
    15
    16
    17 CSR No. 084-003896
    18
    19
    Subscribed and sworn to
    20 before me this ____ day
    of ____________ A.D., 1998.
    21
    ____________________________
    22 Notary Public
    23
    24
    L.A. REPORTING (312) 419-9292

    Back to top