1
     
     
     
    1 ILLINOIS POLLUTION CONTROL BOARD
     
    2
     
    3 IN THE MATTER OF: )
    )
    4 NOISE RULE UPDATE: )
    AMENDMENTS TO 35 ILL. ADM. ) R03-8
    5 CODE 900 AND 903 ) (Rulemaking -- Noise)
    )
    6
     
    7
     
    8
     
    9
     
    10
     
    11 The following is a transcript held
     
    12 in the above-entitled cause before HEARING
     
    13 OFFICER WILLIAM F. MURPHY, taken
     
    14 stenographically before MARY ELLEN KUSIBAB,
     
    15 Certified Shorthand Reporter and Notary
     
    16 Public in and for the County of Cook, State
     
    17 of Illinois, at 100 West Randolph Street,
     
    18 Room 11-150, Chicago, Illinois, commencing at
     
    19 1:00 p.m. on the 7th day of November, A.D.,
     
    20 2002.
     
    21
     
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    24
     
     
    L.A. REPORTING (312) 419-9292
     
     

     
    2
     
     
     
    1 APPEARANCES:
     
    2
     
    3 ILLINOIS POLLUTION CONTROL BOARD
    100 West Randolph Street
    4 Room 11-500
    Chicago, Illinois 60601
    5 Phone: (312) 814-6062
    Fax: (312) 814-3669
    6 BY: HEARING OFFICER WILLIAM F. MURPHY;
     
    7
     
    8 BOARD MEMBERS:
     
    9 Mr. G. Tanner Girard
    Mr. Nicholas J. Melas
    10 Mr. Thomas E. Johnson
     
    11
     
    12 MEMBERS OF THE BOARD STAFF:
     
    13 Mr. Anand Rao, Senior Environmental Specialist
    Ms. Marie Tipsord, Attorney
    14 Ms. Amy Antoniolli, Attorney
     
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    L.A. REPORTING (312) 419-9292
     
     

     
    3
     
     
     
    1 HEARING OFFICER MURPHY: Good
     
    2 afternoon. My name is William Murphy, and I
     
    3 am the Hearing Officer in this proceeding.
     
    4 I'd like to welcome you to this
     
    5 hearing being held by the Illinois Pollution
     
    6 Control Board in the matter of Noise Rule
     
    7 Update, Amendments to 35 Illinois
     
    8 Administrative Code 900, 903.
     
    9 Present today on behalf of the
     
    10 Illinois Pollution Control Board is Board
     
    11 Member Michael Tristano. He is the Board
     
    12 Member coordinating this rulemaking.
     
    13 Also present are Board Member
     
    14 Dr. G. Tanner Girard, Board Member Thomas
     
    15 Johnson and Board Member Nicholas Melas.
     
    16 Pursuant to 35 Illinois
     
    17 Administrative Code, Part 102, Subpart B, and
     
    18 Sections 27 and 28 of the Illinois
     
    19 Environmental Protection Act, the Illinois
     
    20 Pollution Control Board opened this
     
    21 rulemaking to amend and update the Board's
     
    22 noise rules. The noise rules effected as set
     
    23 forth in 35 Illinois Administrative Code 900
     
    24 and 903.
     
     
    L.A. REPORTING (312) 419-9292
     
     

     
    4
     
     
     
    1 These are general provisions
     
    2 dealing with definitions of the portable
     
    3 terminology, prohibition against noise
     
    4 pollution and sound measurement procedures.
     
    5 The proposed changes involve the updating of
     
    6 definitions and sound measurement procedures.
     
    7 These definitions and measurement procedures
     
    8 were adopted in 1973, and not been amended or
     
    9 changed since then. The basis for these
     
    10 changes is the American National Standards
     
    11 Institute Updates for the years 1998, through
     
    12 2001.
     
    13 The Board also proposes to appeal
     
    14 Part 903, which specifies rules and
     
    15 regulations for control of noise from motor
     
    16 racing facilities. Since the adoption of
     
    17 these rules, Section 25 of the Environmental
     
    18 Protection Act had been modified to exclude
     
    19 organized sporting events, including motor
     
    20 racing facilities, and enforce noise
     
    21 regulations. The Board intends to hold a
     
    22 second hearing on this matter on November
     
    23 21st in Springfield.
     
    24 We do have some Members of the
     
     
    L.A. REPORTING (312) 419-9292
     
     

     
    5
     
     
     
    1 Board staff here that I have not introduced.
     
    2 Anand Rao is from the West Technical Staff.
     
    3 Marie Tipsord is the attorney assistant to
     
    4 Member Girard. And Amy Antoniolli is the
     
    5 attorney assistant to Member Melas.
     
    6 Mr. Tristano, would you like to
     
    7 make any comments at this time?
     
    8 BOARD MEMBER TRISTANO: No.
     
    9 HEARING OFFICER MURPHY: Any of the
     
    10 other Board Members intend or care to make
     
    11 any statements?
     
    12 BOARD MEMBER MELAS: No, thanks.
     
    13 HEARING OFFICER MURPHY: Seeing
     
    14 that there are no members of the public in
     
    15 attendance and the Board Members do not
     
    16 object, we will take about a 20-minute recess
     
    17 to see if anyone attends.
     
    18 Are there any objections?
     
    19 (No response.)
     
    20 HEARING OFFICER MURPHY: Seeing
     
    21 none, we will take a break for 20 minutes,
     
    22 and we will return at 1:30.
     
    23 We can go off the record.
     
    24 (A short break was had.)
     
     
    L.A. REPORTING (312) 419-9292
     
     

     
    6
     
     
     
    1 HEARING OFFICER MURPHY: Can we go
     
    2 back on the record?
     
    3 During the break, no members of the
     
    4 public were in attendance. For the record,
     
    5 the next hearing in this matter is scheduled
     
    6 to go on November 21st at 1:00 p.m. in
     
    7 Springfield.
     
    8 Are there any objections to
     
    9 adjourning the hearing?
     
    10 BOARD MEMBER TRISTANO: No.
     
    11 HEARING OFFICER MURPHY: Hearing
     
    12 none, the hearing is adjourned.
     
    13 (Whereupon, those were all the
     
    14 proceedings held in the
     
    15 above-entitled cause on that day.)
     
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    L.A. REPORTING (312) 419-9292
     
     

     
    7
     
     
     
    1 STATE OF ILLINOIS )
    ) SS.
    2 COUNTY OF C O O K )
     
    3
     
    4 I, MARY ELLEN KUSIBAB, CSR, a
     
    5 notary public within and for the County of
     
    6 Cook and State of Illinois, do hereby certify
     
    7 that heretofore, to-wit, on the 7th day of
     
    8 November, A.D., 2002, at 100 West Randolph
     
    9 Street, Room 11-150, in the City of Chicago,
     
    10 County of Cook and State of Illinois, I
     
    11 reported in shorthand the proceedings held in
     
    12 the above-entitled cause, and the foregoing
     
    13 is a true and correct transcript of the
     
    14 hearing.
     
    15 In testimony whereof, I have
     
    16 hereunto set my hand and affixed my notarial
     
    17 seal this 18th day of November, A.D., 2002.
     
    18
     
    19
     
    20
     
    21 Mary Ellen Kusibab, CSR
    Notary Public, Cook County, IL
    22 Illinois License No. 084-004348
     
    23
     
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    L.A. REPORTING (312) 419-9292
     
     

     

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