1 BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    2
    3 IN THE MATTER OF: )
    )
    4 EXEMPTIONS FROM THE DEFINITION ) R97-17
    OF VOM, U.S. EPA AMENDMENTS ) (Identical in
    5 (July 1 - December 31, 1996; ) Substance Rules-Air)
    HFC 43-10mee and HCFC223ca and
    cb )
    6
    7
    8
    9
    10
    11 The following is the transcript of a
    12 rulemaking hearing held in the above-entitled
    13 matter, taken
    stenographically by Kim M.
    14 Howells, CSR, a notary public within and for
    15 the County of Cook and State of Illinois,
    16 before Amy Christine
    Muran, Hearing Officer,
    17 at 100 West
    Randoph Street, Room 11-500,
    18 Chicago, Illinois, on the 2nd day of April,
    19 1997,
    A.D., commencing at the hour of
    20 1:30 p.m.
    21
    22
    23
    24
    L.A. REPORTING (312) 419-9292
    2
    1 A P
    P E A R A N C E S:
    2
    HEARING TAKEN BEFORE:
    3 ILLINOIS POLLUTION CONTROL BOARD,
    100 West Randolph Street
    4 Suite 11-500
    Chicago, Illinois 60601
    5 (312) 814-7011
    BY: MS. AMY CHRISTINE MURAN
    6
    7
    ILLINOIS POLLUTION CONTROL BOARD MEMBERS PRESENT:
    8
    G. Tanner
    Girard, Ph.D.
    9
    10
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    11 MEMBERS PRESENT:
    12 Ms. Christina L. Archer
    13
    14
    15
    16
    17
    18
    19
    20
    21
    22
    23
    24
    L.A. REPORTING (312) 419-9292
    3
    1 MS. MURAN: We can go on the record now.
    2 Good afternoon. This is a
    3 regulatory hearing being conducted by the
    4 Illinois Pollution Control Board in the matter
    5 of Exemptions from the Definition of Volatile
    6 Organic Materials, U.S. EPA Amendments, 235
    7 Illinois Administrative Code, Part 211,
    8 docketed as R97-17.
    9 My name is Amy
    Muran, and I am the
    10 hearing officer in this proceeding. Present
    11 today on behalf of the Illinois Pollution
    12 Control Board and seated to my right is board
    13 member Dr. Tanner
    Girard.
    14 Dr.
    Girard is the board member
    15 assigned to coordinate this rulemaking. Also
    16 present from the board is Marie
    Tipsord, Diana
    17 O'Neil, Casey Polus, and Mike McCambridge.
    18 This rulemaking as proposed as HFC
    19 43-10mee and HCFC 225ca and
    cb to the list of
    20 chemical species that are exempted from the
    21 definition of volatile organic materials.
    22 This hearing will be governed by the
    23 board's procedural rules for regulatory
    24 proceedings. This is a legislative-type
    L.A. REPORTING (312) 419-9292
    4
    1 hearing intended to develop a record for
    2 review by the entire seven-member board.
    3 All information which is relevant
    4 and not repetitious or privileged will be
    5 admitted. All witnesses will be sworn and
    6 subject to cross questioning.
    7 Pursuant to Section 7.2 of the
    8 Illinois Environmental Protection Act, this
    9 hearing is being conducted in accordance with
    10 identical and substance rulemaking
    11 procedures. I would like to note that this
    12 rulmaking is mandated by Section 9.1(e) of the
    13 Illinois Environmental Protection Act which
    14 requires the board to exempt from the
    15 definition of VOM for purposes of preparing
    16 the state implementation plans national
    17 ambient air quality standards for ozone.
    18 Anyone may ask a question of any
    19 witness. During the questioning period, I
    20 would like persons with questions to raise
    21 their hand and wait for me for to acknowledge
    22 them. Please note that any questions asked by
    23 a board member and/or staff are not intended
    24 to express any preconceived notions or bias
    L.A. REPORTING (312) 419-9292
    5
    1 but only to build a complete record for review
    2 by the other board members who are not present
    3 here today.
    4 Dr.
    Girard, do you have any comments
    5 at this time?
    6 MR. GIRARD: No, just welcome and thank
    7 you for attending.
    8 MS. MURAN: I understand that Miss Tina
    9 Archer is here on behalf of the Illinois
    10 Environmental Protection Agency.
    11 At this time, do you any comments
    12 regarding this rulemaking?
    13 MS. ARCHER: I have a few short
    14 comments.
    15 MS. MURAN: Okay. Great.
    16 Would you please swear in Miss
    17 Archer?
    18 (Witness sworn.)
    19 WHEREUPON:
    20 C H R I S T I N A L. A R C H E R ,
    21 called as a witness herein, having been first
    22 duly sworn, testified and
    saith as follows:
    23 MS. MURAN: Miss Archer, would you like
    24 to present your testimony and comments on
    L.A. REPORTING (312) 419-9292
    6
    1 behalf of the Illinois Environmental
    2 Protection Agency?
    3 MS. ARCHER: Yes. Thank you, Miss
    4 Muran.
    5 Good afternoon, my name is Christina
    6 Archer, and I represent Illinois EPA in this
    7 matter. The Illinois EPA supports the
    8 Illinois Pollution Control Board's rulemaking
    9 proposal to amend the definition of volatile
    10 organic material in Section 35 Illinois
    11 Administrative Code, Section 211.7150 to
    12 example the chemicals HFC 43-10mee and HCFC
    13 225ca and
    cb.
    14 On October 8, 1996, the United
    15 States Environment Protection Agency
    delisted
    16 HFC 43-10mee and HCFC 225ca and
    cb as volatile
    17 organic materials because U.S. EPA determined
    18 that these compounds had negligible
    19 contribution to
    tropospheric ozone formation.
    20 Pursuant to Section 9.1(e) of the Environment
    21 Protection Act the board is mandated to exempt
    22 from the definition of VOM those compounds
    23 that U.S. EPA determines to be exempt from
    24 regulation. The Illinois EPA believes this
    L.A. REPORTING (312) 419-9292
    7
    1 rulmaking is consistent with the act.
    2 The exemption of HFC 43-10mee and
    3 HCFC 225ca and
    cb VOMs will not affect any
    4 efforts by the Illinois EPA to achieve the
    5 national ambient air quality standards and the
    6 Chicago and the metro east St. Louis
    7 nonattainment areas because the Illinois EPA
    8 believes that these chemicals will replace
    9 other chemicals that are already exempt from
    10 the definition of VOM.
    11 Thank you.
    12 MS. MURAN: Would anyone else present
    13 today wish to present any testimony with
    14 regard to this matter? Seeing none, we will
    15 now proceed with any questions that anyone
    16 present here may have for Miss Archer.
    17 If you have a question, please raise
    18 your hand and wait for me to call on you.
    19 When I do, please stand and state in a loud,
    20 clear voice your name and the organization you
    21 represent, if any.
    22 Would anyone here like to ask any
    23 questions of Miss Archer? Okay. Seeing none,
    24 the record in this matter will close for 14
    L.A. REPORTING (312) 419-9292
    8
    1 days after receipt of the transcript from this
    2 hearing. As we anticipate, we will receive
    3 the transcript in this matter by April 10,
    4 1997. The public comment period in this
    5 matter will close 14 days thereafter or on or
    6 about April 24, 1997.
    7 Are there any other matters which
    8 need to be addressed at this time? Seeing
    9 none, this hearing is adjourned, and thank you
    10 all.
    11 Off the record for a second.
    12 (Break taken.)
    13 MS. MURAN: Back on the record. We've
    14 kept this proceeding open for a few minutes to
    15 account for any late arrivals. Seeing that
    16 none have arrived at this matter, we will
    17 close this proceeding unless there are any
    18 other questions that anyone has for us right
    19 now. Seeing none, this hearing is adjourned.
    20 Thank you all for attending.
    21
    22
    23
    24
    L.A. REPORTING (312) 419-9292
    9
    1 STATE OF ILLINOIS )
    ) SS.
    2 COUNTY OF C O
    O K )
    3
    4 I, KIM M. HOWELLS, CSR, do hereby state
    5 that I am a court reporter doing business in
    6 the City of Chicago, County of Cook, and State
    7 of Illinois; that I reported by means of
    8 machine shorthand the proceedings held in the
    9 foregoing cause, and that the foregoing is a
    10 true and correct transcript of my shorthand
    11 notes so taken as aforesaid.
    12
    13
    14
    15 ______________________________
    KIM M. HOWELLS, CSR
    16 Notary Public, Cook County, IL.
    17
    18
    19
    SUBSCRIBED AND SWORN TO
    20 before me
    this________day
    of___________, A.D., 1996.
    21
    __________________________
    22 Notary Public
    23
    24
    L.A. REPORTING (312) 419-9292

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