1 BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    2
    3 IN THE MATTERS OF:
    4 LIVESTOCK WASTE REGULATIONS, R97-015(B)
    5 35 ILL. ADM. CODE 506
    6 and
    7 TIERED APPROACH TO R97-012(C)
    8 CORRECTIVE ACTION OBJECTIVES:
    9 AMENDMENTS TO 35 ILL. ADM.
    10 CODE 742.505 and 742.900
    11 and
    12 REVIEW OF REMEDIATION COSTS R98-027
    13 FOR ENVIRONMENTAL REMEDIATION
    14 TAX CREDIT AMENDMENTS TO 35 ILL.
    15 ADM. CODE 740
    16
    17 Proceedings held on March 17, 1998 at
    18 10:00 a.m., at the Illinois State Library, 300
    19 South Second Street, Springfield, Illinois, before
    20 the Honorable Cynthia I. Ervin, Hearing Officer.
    21
    Reported by: Darlene M. Niemeyer, CSR, RPR
    22 CSR License No.: 084-003677
    23 KEEFE REPORTING COMPANY
    11 North 44th Street
    24 Belleville, IL 62226
    (618) 277-0190
    1
    KEEFE REPORTING COMPANY
    Belleville, Illinois
    1 A P P E A R A N C E S
    2
    Claire A. Manning, Chairman
    3
    Cynthia I. Ervin, Hearing Officer
    4
    Amy Jackson, Hearing Officer
    5
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    2
    KEEFE REPORTING COMPANY
    Belleville, Illinois
    1 P R O C E E D I N G S
    2 (March 17, 1998; 10:00 a.m.)
    3 HEARING OFFICER ERVIN: Good morning. My
    4 name is Cynthia Ervin, and I am the hearing officer
    5 designated for this consolidated proceeding
    6 originally entitled, In the Matter of: Amendments
    7 of 35 Illinois Administrative Code 742, Tiered
    8 Approach to Corrective Action Objectives,
    9 R97-12(C); In the Matter of: Amendments of 35
    10 Illinois Administrative Code 506, Livestock Waste
    11 Regulations, R97-15(B); and In the Matter of:
    12 Amendments of 35 Illinois Administrative Code 740,
    13 Review of Remediation Costs for Environmental
    14 Remediation Tax Credit, R98-27.
    15 Present today, on behalf of the Illinois
    16 Pollution Control Board, is Chairman Claire
    17 Manning.
    18 CHAIRMAN MANNING: Good morning.
    19 HEARING OFFICER ERVIN: And Hearing
    20 Officer Amy Jackson.
    21 MS. JACKSON: Good morning.
    22 HEARING OFFICER ERVIN: As background for
    23 this proceeding today, Public Act 90-489 which
    24 became effective on January 1st, 1998, requires the
    3
    KEEFE REPORTING COMPANY
    Belleville, Illinois
    1 Board to request the Department of Commerce and
    2 Community Affairs to conduct an economic impact
    3 study on certain proposed rules prior to adoption
    4 of those rules. DCCA has 30 to 45 days after such
    5 request to produce a study of the economic impact
    6 of the proposed rules.
    7 The Board must make the economic impact
    8 study, or DCCA's explanation for not conducting the
    9 study, available to the public at least 20 days
    10 before public hearing on the economic impact of the
    11 proposed rules. The rulemakings designated for
    12 this hearing have all been subject to the Public
    13 Act 90-489. In accordance with this Public Act,
    14 the Board has requested, by letters dated January
    15 28 and January 30, 1998, that DCCA conduct an
    16 economic impact study for these rulemakings.
    17 In addition to requesting that DCCA
    18 conduct an economic impact study, these request
    19 letters referenced a letter dated January 26, 1998,
    20 from DCCA. The DCCA letter notified the Board that
    21 DCCA would not be conducting economic impact
    22 studies on rules pending before the Board for the
    23 remainder of FY '98 because DCCA lacked, among
    24 other things, the technical resources and the
    4
    KEEFE REPORTING COMPANY
    Belleville, Illinois
    1 financial resources to conduct such studies.
    2 Therefore, in the request letters the
    3 Board asked that DCCA notify the Board within ten
    4 days of receipt of this request if DCCA intended to
    5 conduct an economic impact study on the proposed
    6 rules. The Board further stated that if the Board
    7 did not receive such notification, the Board would
    8 rely on DCCA's January 26, 1998 letter as a
    9 required explanation for not conducting the
    10 economic impact study.
    11 The ten days for DCCA to notify the Board
    12 has expired, and the Board has not received any
    13 notification from DCCA that it would be conducting
    14 the economic impact study on these rules.
    15 Accordingly, the Board will rely on the January 26,
    16 1998 letter as DCCA's explanation for not producing
    17 a study. As I said earlier, DCCA's letter as well
    18 as the Board's letter are available on the side
    19 table.
    20 All hearings required by the
    21 Environmental Protection Act, except for this
    22 proceeding, have been completed for all of these
    23 rulemakings. The Board, therefore, has
    24 consolidated these rulemakings solely for the
    5
    KEEFE REPORTING COMPANY
    Belleville, Illinois
    1 purpose of holding a hearing for the public to
    2 comment on DCCA's explanation for not conducting an
    3 economic impact study in each rulemaking.
    4 Comments, if any, will be taken for each
    5 rulemaking sequentially. Like other Board
    6 rulemakings, any person who testifies will be sworn
    7 and subject to cross-examination. Moreover, this
    8 hearing will be governed by the Board's procedural
    9 rules for regulatory proceedings. All information
    10 which is relevant and not repetitious or privileged
    11 will be admitted.
    12 Are there any questions regarding the
    13 procedures that we will be following today? Seeing
    14 none, I would then ask if Chairman Manning has any
    15 other statements she would like to make.
    16 CHAIRMAN MANNING: No. I just welcome
    17 everyone to the hearing this morning. If you have
    18 any comments, we would be happy to accept them.
    19 HEARING OFFICER ERVIN: And happy St.
    20 Patrick's Day.
    21 Is there anyone who would like to testify
    22 regarding DCCA's explanation for not conducting an
    23 economic impact study for Amendments of 35 Illinois
    24 Admin. Code 742, Tiered Approach to Corrective
    6
    KEEFE REPORTING COMPANY
    Belleville, Illinois
    1 Action Objectives, R97-12(C)?
    2 Seeing none, we will move on to the next
    3 rulemaking. Is there anyone who would like to
    4 testify regarding DCCA's explanation for not
    5 conducting an economic impact study for Amendments
    6 of 35 Illinois Administrative Code 506, Livestock
    7 Waste Regulations, R97-15(B)?
    8 Seeing none, we will go to the next
    9 rulemaking. Is there anyone who would like to
    10 testify regarding DCCA's explanation for not
    11 conducting an economic impact study for Amendments
    12 of 35 Illinois Administrative Code 740, Review of
    13 the Remediation Costs for Environmental Remediation
    14 Tax Credit, R98-12?
    15 Seeing none, I will give you one last
    16 chance. Is there anyone who would like to testify
    17 for any of these rulemakings regarding DCCA's
    18 explanation for not conducting an economic impact
    19 study?
    20 Seeing none, I would ask, unless there is
    21 an objection, that we go off the record but remain
    22 convened in the event that somebody does show up
    23 who would like to testify.
    24 Seeing no objection, we will go off the
    7
    KEEFE REPORTING COMPANY
    Belleville, Illinois
    1 record but stay convened until 10:30.
    2 (Whereupon a short recess was
    3 taken.)
    4 HEARING OFFICER ERVIN: We will go back
    5 on the record.
    6 I didn't see anybody new come in, so I
    7 will just ask for the record again if there is
    8 anybody who would like to testify in any of these
    9 three rulemakings regarding DCCA's explanation for
    10 not conducting an economic impact statement?
    11 Seeing none, then I will just note that
    12 the transcript, if anybody wants a copy of it, will
    13 be ready in about a week. It will be on our web
    14 page. You can contact Darlene if you want a copy
    15 of it, or you can call the Board and we can copy it
    16 for you.
    17 One other matter, any questions regarding
    18 the public comment periods or any other issues
    19 arising from your rulemakings, you should contact
    20 the Hearing Officer in each of the respective
    21 rulemakings.
    22 Seeing that there are no other matters to
    23 address, then this matter is hereby adjourned.
    24 Thank you for coming.
    8
    KEEFE REPORTING COMPANY
    Belleville, Illinois
    1 STATE OF ILLINOIS )
    ) SS
    2 COUNTY OF MONTGOMERY)
    3
    4 C E R T I F I C A T E
    5
    6 I, DARLENE M. NIEMEYER, a Notary Public
    7 in and for the County of Montgomery, State of
    8 Illinois, DO HEREBY CERTIFY that the foregoing 8
    9 pages comprise a true, complete and correct
    10 transcript of the proceedings held on the 17th of
    11 March A.D., 1998, at the Illinois State Library,
    12 300 South Second Street, Springfield, Illinois, in
    13 proceedings held before the Honorable Cynthia I.
    14 Ervin, Hearing Officer, and recorded in machine
    15 shorthand by me.
    16 IN WITNESS WHEREOF I have hereunto set my
    17 hand and affixed my Notarial Seal this 18th day of
    18 March A.D., 1998.
    19
    20
    Notary Public and
    21 Certified Shorthand Reporter and
    Registered Professional Reporter
    22
    CSR License No. 084-003677
    23 My Commission Expires: 03-02-99
    24
    9
    KEEFE REPORTING COMPANY
    Belleville, Illinois

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