00-006tr012700.txt
    1
    1 BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    2
    3 IN THE MATTER OF:
    4 Petition for Ford Motor Company )
    (Chicago Assembly Plant) ) AS-00-6
    5 Adjusted Standard from 35 Ill ) (Adjusted St
    andard.)
    Adm Code Section 218.986 )
    6
    7 The following is a transcript of
    the
    8 proceedings held in the above-entitled matter ta
    ken
    9 stenographically before TERRY A. STRONER, CSR, a
     
    10 notary public within and for the County of Cook
    and
    11 State of Illinois, taken before, Amy Muran Felto
    n,
    12 Hearing Officer, at 100 West Randolph Street,
    13 Chicago, Illinois, on the 27th day of January, A
    .D.,
    14 2000, scheduled to commence at 1:30 o'clock p.m.
    ,
    15 commencing at 1:35 o'clock p.m.
    16
    Page 1

    00-006tr012700.txt
    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
    3 HEARING TAKEN BEFORE:
    4
    5 ILLINOIS POLLUTION CONTROL BOARD,
    100 West Randolph Street
    6 Suite 11-500
    Chicago, Illinois 60601
    7 (312) 814-4925
    BY: MS. AMY MURAN FELTON
    8 HEARING OFFICER
    Page 2

    00-006tr012700.txt
    9
    SCHIFF, HARDIN & WAITE,
    10 7200 Sears Tower
    Chicago, Illinois 60606
    11 (312) 876-1000
    BY: MR. SHELDON A. ZABEL
    12
    13 Appeared on behalf of Ford
    Motor Company,
    14
    15 ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    1021 North Grand Avenue East
    16 P.O. Box 19276
    Springfield, Illinois 62794
    17 (217) 782-5544
    BY: MS. DEBORAH J. WILLIAMS
    18
    Appeared on behalf of the Illinois
    19 Environmental Protection Agency.
    20
    ALSO PRESENT:
    21
    Robert A. Harsh
    22 John C. Baguzis
    Christopher Romaine
    23 Karl Karg
    24
    L.A. REPORTING (312) 419-9292
    3
    1 I N D E X
    Page 3

    00-006tr012700.txt
    2 PAGES
    3 GREETING BY HEARING OFFICER............ 4-6
    4 INTRODUCTION OF PARTIES................ 6-6
    5 OPENING STATEMENT BY MR. ZABEL......... 7-12
    6 OPENING STATEMENT BY MS. WILLIAMS...... 13-17
    7 STATEMENT BY MR. ROMAINE............... 18-19
    8 CLOSING COMMENTS BY HEARING OFFICER.... 20-23
    9
    10
    11 NO EXHIBITS WERE MARKED
    12
    13
    14
    15
    16
    17
    18
    19
    20
    21
    22
    23
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    24
    L.A. REPORTING (312) 419-9292
    4
    1 HEARING OFFICER FELTON: Good afternoon and
     
    2 welcome. I am Amy Muran Felton and I am a heari
    ng
    3 officer with the Illinois Pollution Control Boar
    d.
    4 I have been assigned to preside over this hearin
    g
    5 today in the matter of petition of Ford Motor
    6 Company, Chicago assembly plant, for an adjusted
     
    7 standard from 35 Illinois Administrative Code
    8 218.986 documented by the Board as AS 00-6.
    9 Today is Thursday, January 27th, 2000,
    and
    10 it is approximately 1:30 p.m. I note that aside
     
    11 from the parties and their representatives there
    do
    12 not appear to be any members of the public prese
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    nt
    13 with us today at this time.
    14 The hearing was scheduled and noticed
    15 pursuant to Sections 106.506 and 102.162 of the
    16 Board's procedural rules. This hearing will be
    17 governed in accordance with the Illinois
    18 Environmental Protection Act and the Board's
    19 procedural rules, specifically, Sections 101.220
    ,
    20 101.221 and 102 point -- Subpart J of the Board'
    s
    21 procedural rules regarding hearings will apply t
    o
    22 these proceedings.
    23 This hearing is intended to develop a
     
    24 record for review of this adjusted standard
    L.A. REPORTING (312) 419-9292
    5
    1 proceeding by the Illinois Pollution Control Boa
    rd.
    Page 6

    00-006tr012700.txt
    2 I will remind you that I will not be deciding th
    is
    3 case. Rather, it is the Pollution Control Board
     
    4 that will be making the decision upon review of
    the
    5 complete record in this matter.
    6 My job is strictly to ensure that an
    7 orderly hearing and a clear record is establishe
    d so
    8 that the Board can have all the necessary
    9 information before it prior to rendering a decis
    ion
    10 in this case.
    11 After the hearing, the parties will ha
    ve
    12 an opportunity to submit posthearing briefs. We
     
    13 will also establish a public comment period. Th
    ese
    14 particular posthearing filings will be also
    15 considered by the Board prior to rendering its
    16 decision. All witnesses will be sworn and subje
    ct
    17 to cross-examination. The parties may ask a
    18 question of any witness.
    19 Any questions asked by the hearing off
    icer
    Page 7

    00-006tr012700.txt
    20 or anyone else present with us today are not
    21 intended to express any preconceived notions or
    22 bias, but are only to build a complete record fo
    r
    23 review by the Pollution Control Board.
    24 Before we begin with the hearing today
    , I
    L.A. REPORTING (312) 419-9292
    6
    1 would like to just begin with the introduction o
    f
    2 the parties. If you please could start first wi
    th
    3 the petitioner and then with the interested part
    y
    4 that's here with us today.
    5 MR. ZABEL: I'm Sheldon Zabel, with the law
     
    6 firm of Schiff, Hardin & Waite representing Ford
     
    7 Motor Company. Do you want me to introduce the
    8 gentlemen with me?
    Page 8

    00-006tr012700.txt
    9 HEARING OFFICER FELTON: Please.
    10 MR. ZABEL: To my far right is John Baguzis
    , an
    11 environmental control engineer at Ford's
    12 environmental quality office in Michigan, and ne
    xt
    13 to me is Rob Harsh, an environmental engineer at
    the
    14 Chicago assembly plant.
    15 HEARING OFFICER FELTON: Now proceeding wit
    h
    16 the interested party that's with us today.
    17 MS. WILLIAMS: My name is Deborah Williams
    and
    18 I'm assistant counsel representing the Illinois
    19 Environmental Protection Agency.
    20 MR. ROMAINE: I'm Christopher Romaine. I w
    ork
    21 for the Illinois EPA in the permit section. I'v
    e
    22 also worked extensively in VOC rule making and I
    've
    23 dealt with Ford Motor Company.
    24 HEARING OFFICER FELTON: Great, thank you,
    very
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    00-006tr012700.txt
    L.A. REPORTING (312) 419-9292
    7
    1 much. Now, I would like to address any outstand
    ing
    2 or prehearing motions. To my knowledge, there's
     
    3 only one outstanding motion, and that is the
    4 Illinois Environmental Protection Agency's motio
    n
    5 for leave to file instanter the Agency's
    6 recommendation which was filed with the Board
    7 December 3, 1999.
    8 MR. ZABEL: No objections.
    9 HEARING OFFICER FELTON: As there appear to
    be
    10 no objections to the Agency's request to file th
    eir
    11 recommendation instanter, the Agency's motion is
     
    12 granted.
    13 Are there any other outstanding motion
    s or
    14 prehearing matters that we need to discuss?
    15 MR. ZABEL: Nothing that I'm aware of.
    Page 10

    00-006tr012700.txt
    16 MS. WILLIAMS: I have none.
    17 HEARING OFFICER FELTON: Okay. Great. See
    ing
    18 as there are none, what I thought we would do no
    w is
    19 proceed first with opening statements on behalf
    of
    20 the parties, and then we'll go through the regul
    ar
    21 routine of the hearing. First, starting with th
    e
    22 petitioner, if you have an opening statement.
    23 MR. ZABEL: I'll make a brief opening
    24 statement. Thank you, madam hearing officer.
    L.A. REPORTING (312) 419-9292
    8
    1 As I said, I'm Sheldon Zabel. I repre
    sent
    2 Ford Motor Company. We're here on the petition
    of
    3 Ford Motor Company concerning the Chicago assemb
    ly
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    00-006tr012700.txt
    4 plant, the petition for an adjusted standard fro
    m
    5 the VOM regulations in 35 Illinois Administrativ
    e
    6 Code 218.986.
    7 The assembly plant, which was first in
     
    8 operation in 1924, is located on Torrence Avenue
    in
    9 the city of Chicago. It employs approximately 2
    700
    10 people. As the name implies, it assembles
    11 automobiles and in the process of doing so, a nu
    mber
    12 of the processes in that -- in assembling an
    13 automobile will involve the use of paints, solve
    nts,
    14 et cetera.
    15 The particular matter of concern here
    are
    16 emissions of volatile organic materials or VOMs
    from
    17 nine solvent cleaning operations, which as their
     
    18 name implies, are the clean-up processes used at
    the
    19 plant. For example, cleaning up spilt paint fro
    m
    20 the painting operations.
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    00-006tr012700.txt
    21 The existing regulatory requirement,
    22 218.986, which applies to VOM emissions from, as
    it
    23 says, other emission sources would be applicable
    to
    24 these operations. Other emission limitations fo
    r
    L.A. REPORTING (312) 419-9292
    9
    1 VOMs also apply at the plant and the company is
    in
    2 compliance with all of those emission limitation
    s.
    3 218.986 provided so far, as the assemb
    ly
    4 plant was concerned, two possible alternative me
    ans
    5 of compliance for these clean-up operations when
    it
    6 was determined that they applied to the clean-up
     
    7 operations. Based on Ford's investigation and a
    s
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    00-006tr012700.txt
    8 demonstrated in the materials in the petition an
    d
    9 accompanying the petition, it was determined by
    Ford
    10 that those two alternatives in 218.986 were not
    11 technically feasible or economically reasonable.
    It
    12 was also determined in that investigation that
    13 the --
    14 HEARING OFFICER FELTON: Could we go off th
    e
    15 record just for a second?
    16 MR. ZABEL: Sure.
    17 (Whereupon, a discuss
    ion
    18 was had off the reco
    rd.)
    19 MR. ZABEL: As I was saying, Ford determine
    d
    20 that the two alternate standards that were avail
    able
    21 to it under 218.986 were not economically feasib
    le
    22 or technically reasonable, and also determined t
    hat
    23 when that regulation was promulgated, the kinds
    of
    24 clean-up operations involved in Ford's petition
    here
    Page 14

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    L.A. REPORTING (312) 419-9292
    10
    1 had not been considered in the adoption of the r
    ule.
    2 I suspect they hadn't even thought of it at the
    time
    3 that rule was adopted. As a result, Ford determ
    ined
    4 to proceed under Section 28.1 of the Illinois
    5 Environmental Protection Act and seek an alterna
    te
    6 standard to the ones in 218.986, and that is the
     
    7 purpose of the petition here, which was filed on
     
    8 October 6th, 1999, docketed as AS 00-6.
    9 October 18th, according to the Board's
     
    10 rules, notice of the petition was published in t
    he
    11 Chicago Tribune and the certificate of publicati
    on
    12 was filed with the Board on October 21st. I'm n
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    00-006tr012700.txt
    ot
    13 going to reiterate the specific alternate standa
    rd,
    14 as it's detailed and complex, necessarily so bec
    ause
    15 we're dealing primarily with work standards for
    16 controlling the VOMs from these, what are somewh
    at,
    17 sporadic operations of clean-up. They are set f
    orth
    18 from pages 11 to 13 in the petition. They deal
    with
    19 limiting those VOM emissions, monitoring the
    20 compliance with a limitation so that the Agency
    will
    21 have the information to determine the compliance
    as
    22 being met.
    23 On a related track, the same issue has
     
    24 been raised and dealt with before the United Sta
    tes
    L.A. REPORTING (312) 419-9292
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    00-006tr012700.txt
    11
    1 Illinois Environmental Protection Agency. Throu
    gh
    2 it's enforcement authority, Ford Motor Company a
    nd
    3 USEPA reached an agreement, which was reflected
    in a
    4 consent decree entered in federal court here in
    5 Chicago in February of 1997. The requirements o
    f
    6 that federal decree are identical to the alterna
    te
    7 standard proposed to the Board here. The
    8 fundamental affect of the alternate standard her
    e
    9 will, of course, be pollution prevention and con
    trol
    10 of the VOM emissions from these clean-up sources
    .
    11 In addition, unlike the existing rule,
     
    12 from which an alternate standard is sought, the
    13 proposed alternate standard sets an annual cap f
    or
    14 the facility on emissions of VOM.
    15 Finally, these emissions are virtually
     
    16 non-discernible in their impact on the air quali
    ty
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    00-006tr012700.txt
    17 in the area. If we took the 81 percent rule, wh
    ich
    18 is one of the alternatives in 218.986, the initi
    al
    19 difference would be something on the order of
    20 seven-tenths of one percent of the VOM emissions
    in
    21 the Chicago region.
    22 I would note that the Illinois EPA fil
    ed a
    23 recommendation favoring the grant of this, which
    has
    24 not been allowed to be filed as of this morning.
      
    L.A. REPORTING (312) 419-9292
    12
    1 My -- we have no objections and no problems with
    the
    2 recommendation with one slight qualification. T
    here
    3 is a related pending permit appeal and we would
    4 withdraw that permit appeal as suggested by the
    Page 18

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    5 Agency, but we would prefer to do it once the ne
    w
    6 permit is granted rather than merely when --
    7 assuming the Board grants the adjusted standard
    as
    8 suggested by the Agency. It simply leaves a gap
    in
    9 the coverage if we withdraw it upon the grant of
    an
    10 adjusted standard, but not with a new permit in
    11 hand.
    12 I think that will conclude my opening
    13 remarks. The extensive evidence that was submit
    ted
    14 with the petition was submitted under oath by
    15 Mr. Baguzis, who is with us today, so I don't in
    tend
    16 to have to tender him -- I will tender him as a
    17 witness if anyone has questions for him. I woul
    d be
    18 happy to do that, but I think it would be
    19 unnecessary to clutter the Board's records simpl
    y
    20 reiterating what has already been submitted unde
    r
    21 oath, and with that I have nothing further, mada
    m
    22 hearing officer.
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    00-006tr012700.txt
    23 HEARING OFFICER FELTON: Thank you very muc
    h,
    24 Mr. Zabel. I just note for the record that one
    L.A. REPORTING (312) 419-9292
    13
    1 member of the public has joined us during
    2 Mr. Zabel's opening statement and he is Karl Kar
    g of
    3 the United States Environmental Protection Agenc
    y.
    4 Now we'll proceed with the IEPA's open
    ing
    5 statement if they have any.
    6 MS. WILLIAMS: Yes. I just have a few brie
    f
    7 remarks for the administrative record. My name
    is
    8 Debbie Williams and I'm assistant counsel for th
    e
    9 Bureau of Air at the Illinois EPA, and today I'm
     
    10 representing the Agency in this matter -- in the
     
    Page 20

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    11 matter of petition of Ford Motor Company for an
    12 adjusted standard from 35 Illinois Administrativ
    e
    13 Code 218.986.
    14 The Board's procedural rules require t
    he
    15 Agency to file a response to each adjusted stand
    ard
    16 petition that's presented to the Board. This
    17 process enables the Agency to present the Board
    with
    18 the technical information necessary to facilitat
    e
    19 the Board's rendering of a final determination.
    To
    20 my left is Chris Romaine of the permit section o
    f
    21 the Bureau of Air and the Agency has brought
    22 Mr. Romaine today as our technical witness to
    23 provide a brief statement in support of our resp
    onse
    24 and to answer any lingering questions the Board
    may
    L.A. REPORTING (312) 419-9292
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    00-006tr012700.txt
    14
    1 have regarding this petition for adjusted standa
    rd
    2 and the Agency's response.
    3 As the Agency's response states, we
    4 recommend that the Board grant the petition of F
    ord
    5 Motor Company for an adjusted standard for its
    6 solvent cleaning operations, which are subject t
    o 35
    7 Illinois Administrative Code 218.986, subject to
     
    8 certain conditions, which have been agreed to by
    the
    9 parties.
    10 There is one additional condition that
    the
    11 Agency included in its response and that is that
    the
    12 Board conditioned the effectiveness of any adjus
    ted
    13 standard granted in this case in a withdrawal by
    the
    14 petitioner of its permit appeal in -- permit app
    eal
    15 docketed as PCB 93-32.
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    00-006tr012700.txt
    16 In developing its response, which was
    17 officially filed today, the Agency applied the
    18 factors contained in Section 28.1 of the
    19 Environmental Protection Act to determine whethe
    r an
    20 adjusted standard is warranted in this case.
    21 The first two of those factors looked
    at
    22 whether the factors related to the petitioner ar
    e
    23 substantially or significantly different from th
    ose
    24 contemplated by the Board, and whether these fac
    tors
    L.A. REPORTING (312) 419-9292
    15
    1 justify an adjusted standard.
    2 The record demonstrates that there is
    no
    3 specific control technology guideline rule which
     
    4 applies to Ford's solvent cleaning operations, a
    nd
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    5 therefore, these processes are subject to Subpar
    t
    6 TT, Part 218, which applies to other emission ne
    eds.
    7 From a technical standpoint, the Agen
    cy
    8 has stated that it agrees with the petitioner's
    9 contention that the solvent cleaning processes
    10 conducted by Ford were not contemplated by the B
    oard
    11 in adoption of this general miscellaneous provis
    ion.
    12 With regards to the third factor of
    13 environmental harm and whether this was the type
     
    14 contemplated by the Board in developing the gene
    ral
    15 rule as stated by the petitioner, Subpart TT
    16 requires 81 percent overall efficiency in reduct
    ion
    17 of VOMs.
    18 The record shows that Ford is unable t
    o
    19 meet this overall reduction in a technically
    20 feasible way. However, Subpart TT only requires
    81
    21 percent reduction from total emissions with no
    Page 24

    00-006tr012700.txt
    22 limitation on how high the total emissions can r
    ise
    23 to. Whereas, in the petition for adjusted stand
    ard,
    24 Ford has voluntarily agreed to a cap on its
    L.A. REPORTING (312) 419-9292
    16
    1 emissions of 390 tons of VOM per year from its
    2 solvent cleaning processes.
    3 The Agency feels this cap will protect
     
    4 against future environmental harm in the Chicago
     
    5 zone not retained in areas beyond that provided
    by
    6 law.
    7 And finally, today's hearing is necess
    ary
    8 to fulfill the fourth requirement of 28.1 of the
     
    9 Act, which is that this adjusted standard be
    10 consistent with federal law.
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    00-006tr012700.txt
    11 In order to be consistent with federal
     
    12 law, this adjusted standard must be approved by
    13 USEPA as a revision to the state implementation
    plan
    14 for Illinois or also known as SIP.
    15 Section 110 of the Clean Air Act requi
    res
    16 that a properly noticed public hearing be conduc
    ted
    17 on all SIP revisions.
    18 As the adjusted standard language in
    19 Ford's proposal closely tracks the language in a
     
    20 consent decree agreed to by Ford and USEPA, it i
    s
    21 likely that USEPA will approve a similar adjuste
    d
    22 standard when submitted by the Illinois EPA.
    23 In conclusion, the Illinois EPA recomm
    ends
    24 that the Board grant Ford an adjusted standard f
    rom
    L.A. REPORTING (312) 419-9292
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    17
    1 35 Illinois Administrative Code 218.986 to Ford
    2 Motor Company for its solvent cleaning operation
    s at
    3 its Chicago assembly plant with the conditions
    4 stated. Thank you.
    5 HEARING OFFICER FELTON: Thank you.
    6 Mr. Karg, did you have any opening
    7 statement or anything you wanted to present?
    8 MR. KARG: I don't have any remarks at all.
      
    9 Thank you.
    10 HEARING OFFICER FELTON: Okay. That's fine
    .
    11 Thank you very much.
    12 Now, we will just proceed with -- just
    for
    13 the sake of formality here with -- back to the
    14 petitioner, is there any other additional commen
    ts
    15 or testimony they would like to present?
    16 MR. ZABEL: Just to be clear, we don't obje
    ct
    17 to the additional condition on the dismissal of
    the
    Page 27

    00-006tr012700.txt
    18 permit appeal. It was only a question of time.
    We
    19 certainly intend to do that once the -- if the
    20 standard is granted and a new permit is issued
    21 reflecting the standard. I have nothing else.
    22 HEARING OFFICER FELTON: Great. Thank you
    very
    23 much.
    24 Now we'll proceed back to the Agency.
    If
    L.A. REPORTING (312) 419-9292
    18
    1 they have any other additional comments or testi
    mony
    2 they would like to present in regards to this
    3 particular adjusted standard petition.
    4 MS. WILLIAMS: I believe Chris Romaine woul
    d
    5 like to make a brief statement.
    6 HEARING OFFICER FELTON: Thank you. Please
     
    7 proceed, Mr. Romaine.
    Page 28

    00-006tr012700.txt
    8 (Witness sworn.)
    9 MR. ROMAINE: Good afternoon. My name is
    10 Christopher Romaine. I work for the Illinois EP
    A in
    11 the air permit section. Even though I work in t
    he
    12 permit section, I was involved in Illinois' rule
     
    13 making for volatile organic material emissions i
    n
    14 the late '80s and early 1990s. This included th
    e
    15 Illinois EPA's oversight of USEPA's development
    of
    16 its federal implementation plan for the Chicago
    17 area. This federal implementation plant or FIP
    is
    18 the foundation in Illinois' subsequent adoption
    of
    19 Part 218, Subpart TT, which is the rule that we
    are
    20 discussing today.
    21 Subpart TT is certainly the newest of
    22 Illinois' generic rules for volatile organic
    23 material emissions that establishes reasonably
    24 available control technology. We have other rul
    es
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    00-006tr012700.txt
    L.A. REPORTING (312) 419-9292
    19
    1 in operations and categories specific, but Subpa
    rt
    2 TT is generic in that it is sort of a catchall f
    or
    3 everything that is not otherwise subject to
    4 requirements for reasonably available control
    5 technology.
    6 As applied to Ford Motor Company's sol
    vent
    7 clean-up operations, I am not aware personally o
    f
    8 any specific consideration that was given to its
     
    9 operations when Subpart TT was developed.
    10 Accordingly, I think it would be
    11 reasonable to adopt an adjusted standard which
    12 specifically considers the nature of Ford's
    13 operations when establishing what reasonably
    14 available control technology is, and in addition
    ,
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    00-006tr012700.txt
    15 Ford clean-up operations volatile organic materi
    al
    16 emissions are best minimized by work practices,
    if
    17 those are feasible and effective, to prevent
    18 emissions of volatile organic materials in the f
    irst
    19 place.
    20 For that background, I am here to answ
    er
    21 further questions that might be made as a basis
    for
    22 the Agency's recommendation. Thank you very muc
    h.
    23 HEARING OFFICER FELTON: Thank you very muc
    h,
    24 Mr. Romaine.
    L.A. REPORTING (312) 419-9292
    20
    1 Does anyone have any questions for
    2 Mr. Romaine?
    3 MR. ZABEL: No questions.
    Page 31

    00-006tr012700.txt
    4 HEARING OFFICER FELTON: All right. Thank
    you.
    5 That concludes, I presume, your comments on beha
    lf
    6 of the Agency. Thank you very much, Mr. Romaine
    .
    7 Now we will proceed with whether or no
    t
    8 anyone has any other additional comments they wa
    nt
    9 to make with regard to this adjusted standard
    10 petition, and if not --
    11 MS. WILLIAMS: Maybe just for the record I
    can
    12 ask Sheldon, I think you had said that the conse
    nt
    13 decree was entered into in February, 1997?
    14 MR. ZABEL: February 10th, 1997, is when th
    e
    15 judge signed the order. I think it's -- it is
    16 actually pending --
    17 MS. WILLIAMS: I was wondering if really ma
    ybe
    18 that was an error and it's February, '98?
    19 MR. ZABEL: No, I think --
    20 MR. BAGUZIS: There was a typo in there --
    in
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    21 the order. It was -- there was some stuff that
    was
    22 signed in '97, earlier in the year like in Augus
    t
    23 and put -- by the time it finally got to the jud
    ge,
    24 it was '98. I believe you're correct.
    L.A. REPORTING (312) 419-9292
    21
    1 MR. ZABEL: Yeah, that is correct past the
    --
    2 you're quite right. Thank you.
    3 HEARING OFFICER FELTON: So the date is
    4 February --
    5 MR. ZABEL: Tenth, 1998. It had been left
    6 blank, as you can imagine forms are, and it had
    been
    7 filled in, but the year had been typed.
    8 HEARING OFFICER FELTON: Okay. Great. Tha
    nk
    9 you for that clarification.
    10 Any other comments that anyone else wo
    Page 33

    00-006tr012700.txt
    uld
    11 like to make with regard to this petition? Seei
    ng
    12 as there are none, we will actually proceed with
     
    13 closing statements, but before we do that, I jus
    t
    14 thought I'd inquire whether or not there are any
      
    15 other motions, any other matters you want the Bo
    ard
    16 to consider when deliberating this adjusted stan
    dard
    17 petition?
    18 MR. ZABEL: Nothing for Ford.
    19 HEARING OFFICER FELTON: Okay.
    20 MS. WILLIAMS: The Agency has nothing else
    21 either.
    22 HEARING OFFICER FELTON: All right. If the
     
    23 parties would like to make closing statements?
    24 MR. ZABEL: I think I'll waive closing
    L.A. REPORTING (312) 419-9292
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    00-006tr012700.txt
    22
    1 statements. I said all I think we need to say i
    s on
    2 the record.
    3 HEARING OFFICER FELTON: Great. Thank you.
    As
    4 well for the Agency, they will waive?
    5 MS. WILLIAMS: Same here.
    6 HEARING OFFICER FELTON: Good. That seems
    to
    7 me -- unless anyone else has any other comments
    --
    8 we're going off the record just for a second.
    9 (Whereupon, a discuss
    ion
    10 was had off the reco
    rd.)
    11 HEARING OFFICER FELTON: We'll go back on t
    he
    12 record. The transcript in this matter will be
    13 available on or about February 8th, 2000. It
    14 appears from what the parties have represented t
    o me
    15 while we were off the record that they have waiv
    ed
    16 their posthearing briefing schedule or formal
    Page 35

    00-006tr012700.txt
    17 posthearing briefing schedule in this matter.
    18 Accordingly, I will establish a brief
    19 public comment period of 14 days after the
    20 availability of the transcript. Therefore, the
    21 record in this matter will close on February 22n
    d,
    22 2000.
    23 The transcript in this matter will be
    24 available on February 8th, 2000, as I mentioned
    and
    L.A. REPORTING (312) 419-9292
    23
    1 will also be accessible by way of our Board's we
    b
    2 site at www.ipcb.state.il.us.
    3 The parties here are not precluded fro
    m
    4 filing any comments as well during that time fra
    me
    5 if they decide that they wish to do so.
    6 The mailbox rule as set forth at 35
    Page 36

    00-006tr012700.txt
    7 Illinois Administrative Code 101.102 (d) and 101
    .144
    8 (c) will apply to all posthearing filings. All
    9 posthearing comments must be filed in accordance
     
    10 with Section 102.320 of the Board's procedural
    11 rules.
    12 Again, I state that the record in this
     
    13 matter will close on February 22nd, 2000. Okay.
     
    14 Any other matters that we have to addr
    ess
    15 with regard to this petition?
    16 MR. ZABEL: None that I'm aware of.
    17 MS. WILLIAMS: No.
    18 HEARING OFFICER FELTON: Great. Seeing non
    e, I
    19 thank all of you for your participation and
    20 attendance today. Have a great day.
    21 MR. ZABEL: Thank you.
    22 HEARING OFFICER FELTON: Thank you.
    23 MS. WILLIAMS: Thank you.
    24 (No further proceedings were had.)
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    00-006tr012700.txt
    L.A. REPORTING (312) 419-9292
    24
    1 STATE OF ILLINOIS )
    2 ) SS.
    3 COUNTY OF C O O K )
    4
    5
    6 I, TERRY A. STRONER, CSR, do
    7 hereby state that I am a court reporter doing
    8 business in the City of Chicago, County of Cook,
    and
    9 State of Illinois; that I reported by means of
    10 machine shorthand the proceedings held in the
    11 foregoing cause, and that the foregoing is a tru
    e
    12 and correct transcript of my shorthand notes so
    13 taken as aforesaid.
    14
    15
    16 _____________________
    17 Terry A. Stroner, CSR
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    00-006tr012700.txt
    18 Notary Public, Cook County
    , Illinois
    19
    20
    21
    22
    23
    24
    L.A. REPORTING (312) 419-9292
    Page 39

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