R9813R~1.PDF

1 BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

3 IN THE MATTERS OF:

4 AMENDMENTS TO GENERAL PERMITTING PROVISIONS R98-13

5 TO REQUIRE PERPETUAL PERMITS FOR CERTAIN

6 SOURCES: AMENDMENTS TO 35 ILL. ADM. CODE 201

7 and

8 CLEAN-UP AMENDMENTS TO 35 ILL. ADM. CODE R98-15

9 215 (EMISSION STANDARDS AND LIMITATIONS FOR

10 STATIONARY SOURCES LOCATED OUTSIDE THE CHICAGO

11 AND METRO EAST OZONE NON-ATTAINMENT AREAS)

12 and

13 PETITION OF W.R. GRACE & COMPANY -

14 CONNECTICUT, AND THE ILLINOIS ENVIRONMENTAL R98-16

15 PROTECTION AGENCY FOR SITE-SPECIFIC AIR

16 REGULATION: 35 ILL. ADM. CODE 218.940(h)

18 Proceedings held on March 30, 1998 at 10:00 a.m.,

19 at the Illinois State Library, 300 South Second

20 Street, Springfield, Illinois, before the Honorable

21 Cynthia I. Ervin, Hearing Officer.

Reported by: Darlene M. Niemeyer, CSR, RPR

23 CSR License No.: 084-003677

24 KEEFE REPORTING COMPANY

11 North 44th Street

25 Belleville, IL 62226

(618) 277-0190 1

KEEFE REPORTING COMPANY

Belleville, Illinois

1 A P P E A R A N C E S

3 Claire A. Manning, Chairman

4 Cynthia I. Ervin, Attorney to the Chairman

5 John Knittle, Attorney Assistant to

Board Member Joseph C. Yi

Kathy Glenn, Attorney Assistant to

7 Board Member Ronald C. Flemal

KEEFE REPORTING COMPANY

Belleville, Illinois

1 P R O C E E D I N G S

2 (March 30, 1998; 10:00 a.m.)

3 HEARING OFFICER ERVIN: Good morning. My name is

4 Cynthia Ervin. I am the hearing officer assigned to

5 this consolidated proceeding originally entitled, In

6 the Matter of: Amendments to General Permitting

7 Provisions to Require Perpetual Permits for Certain

8 Sources: Amendments to 35 Illinois Administrative Code

9 201, R98-13; In the Matter of: Clean-up Amendments to

10 35 Illinois Administrative Code Part 215 (Emission

11 Standards and Limitations for Stationary Sources

12 Located Outside the Chicago and Metro East Ozone

13 Non-attainment Areas), R98-15; and In the Matter of:

14 Petition of W.R. Grace & Company - Connecticut, and

15 the Illinois Environmental Protection Agency for

16 Site-Specific Air Regulation: 35 Illinois

17 Administrative Code 218.940(h), R98-16.

18 Present today, on behalf of the Illinois Pollution

19 Control Board, is Chairman of the Board, Claire

20 Manning.

21 CHAIRMAN MANNING: Good morning.

22 HEARING OFFICER ERVIN: Also with us is John

23 Knittle, Attorney Assistant to Board Member Joe Yi,

24 and Kathy Glenn, Attorney Assistant to Board Member

25 Ron Flemal.

KEEFE REPORTING COMPANY

Belleville, Illinois

1 As background for this proceeding today, Public

2 Act 90-489 which became effective on January 1st,

3 1998, requires the Board to request the Department of

4 Commerce and Community Affairs to conduct an Economic

5 Impact Study on certain proposed rules prior to

6 adoption of those rules. If DCCA chooses to conduct

7 the Economic Impact Study, DCCA has 30 to 45 days

8 after such request to produce a study of the economic

9 impact of the proposed rules.

10 The Board must make the Economic Impact Study, or

11 DCCA's explanation for not conducting the study,

12 available to the public at least 20 days before a

13 public hearing on the economic impact of those

14 proposed rules. The rulemakings that are subject of

15 this hearing today have all been determined by the

16 Board to be subject to Public Act 90-489. In

17 accordance with this Public Act, the Board has

18 requested, by letters dated January 28 and January 30,

19 1998, that DCCA conduct an Economic Impact Study for

20 the aforementioned rulemakings.

21 In addition to requesting that DCCA conduct an

22 Economic Impact Study, the Board requested that DCCA

23 notify it within ten days after the receipt of the

24 request whether DCCA intended to conduct the Economic

25 Impact Study. The Board further noted that if it did

KEEFE REPORTING COMPANY

Belleville, Illinois

1 not receive such notification, the Board would rely on

2 the letter from DCCA dated January 26, 1998 as a

3 required explanation for not conducting the Economic

4 Impact Study. The January 26, 1998 letter from DCCA

5 notified the Board that DCCA would not be conducting

6 Economic Impact Studies on rules pending before the

7 Board during the remainder of FY '98 because DCCA

8 lacked, among other things, the financial resources to

9 conduct the studies.

10 The ten days for DCCA to notify the Board have

11 expired, and the Board has not received any

12 notification from DCCA that it would conduct an

13 Economic Impact Study on any of the aforementioned

14 rulemakings. Accordingly, the Board has relied on the

15 January 26, 1998 letter as DCCA's explanation for not

16 conducting a study.

17 All hearings required by the Environmental

18 Protection Act, except for the Section 27b, ECIS

19 hearings, which we are having today, have been

20 completed in all the aforementioned rulemakings. The

21 Board, therefore, has consolidated these rulemakings

22 solely for the purpose of holding a hearing for the

23 public to comment on DCCA's explanation for not

24 conducting an Economic Impact Study.

25 Comments, if any, will be taken for each

KEEFE REPORTING COMPANY

Belleville, Illinois

1 rulemaking sequentially. Like other Board

2 rulemakings, any person who testifies will be sworn

3 and subject to questioning. Moreover, this hearing

4 will be governed by the Board's procedural rules for

5 regulatory proceedings. All information which is

6 relevant and not repetitious or privileged will be

7 admitted.

8 Are there any questions regarding the procedures

9 that we will be following today? Seeing none, then I

10 would just ask Chairman Manning if she has any other

11 comments she would like to make.

12 CHAIRMAN MANNING: Good morning. I welcome

13 everyone. It should be a short hearing.

14 HEARING OFFICER ERVIN: We will proceed then. Is

15 there anyone who would like to comment on DCCA's

16 explanation for not conducting an Economic Impact

17 Study for In the Matter of: Amendments to General

18 Permitting Provisions to Require Perpetual Permits for

19 Certain Sources: Amendments to 35 Illinois

20 Administrative Code 201, R98-13?

21 Okay. Seeing none, we will move on to the next

22 rulemaking. Is there anyone who would like to comment

23 on DCCA's explanation for not conducting an Economic

24 Impact Study for In the Matter of: Clean-up

25 Amendments to 35 Illinois Administrative Code Part 215

KEEFE REPORTING COMPANY

Belleville, Illinois

1 (Emission Standards and Limitations for Stationary

2 Sources Located Outside the Chicago and Metro East

3 Ozone Non-Attainment Areas), R98-15?

4 Seeing none, we will go to the last rulemaking.

5 Is there anyone who would like to comment regarding

6 DCCA's explanation for not conducting an Economic

7 Impact Study for In the Matter of: Petition of W.R.

8 Grace & Company - Connecticut, and the Illinois

9 Environmental Protection Agency for Site-Specific Air

10 Regulation: 35 Illinois Administrative Code

11 218.940(h), R98-16?

12 Seeing none, then if there is no objection, I

13 would like to go off the record but stay convened for

14 ten minutes, until a quarter after 10:00 in case

15 someone walks in a little late.

16 (Whereupon a short recess was taken.)

17 HEARING OFFICER ERVIN: We will go back on the

18 record.

19 I didn't see anybody else come in to this hearing,

20 so we will just end it here. I will ask one more time

21 if there is anyone who would like to testify in any of

22 these three rulemakings regarding DCCA's decision not

23 to conduct an Economic Impact Study?

24 Seeing none, then, the transcript from today's

25 hearing, if anybody wants a copy of it, you can either

KEEFE REPORTING COMPANY

Belleville, Illinois

1 see the court reporter for a copy or you could

2 download it from our web site, but our web master has

3 left us, so I am not sure when it will be available on

4 web site, but you can call our Chicago office and we

5 can get you a copy of the transcript.

6 Any other questions regarding these three

7 rulemakings, the public comment periods, et cetera,

8 you should please direct those to the hearing officers

9 assigned to each of the three rulemakings.

10 Are there any other matters that need to be

11 addressed? Seeing none, then I thank you for coming

12 and we will adjourn this hearing. Thanks.

KEEFE REPORTING COMPANY

Belleville, Illinois

1 STATE OF ILLINOIS )

) SS

2 COUNTY OF MONTGOMERY)

4 C E R T I F I C A T E

6 I, DARLENE M. NIEMEYER, a Notary Public in and for

7 the County of Montgomery, State of Illinois, DO HEREBY

8 CERTIFY that the foregoing 8 pages comprise a true,

9 complete and correct transcript of the proceedings

10 held on the 30th of March A.D., 1998, at the Illinois

11 State Library, 300 South Second Street, Springfield,

12 Illinois, in proceedings held before the Honorable

13 Cynthia I. Ervin, Hearing Officer, and recorded in

14 machine shorthand by me.

15 IN WITNESS WHEREOF I have hereunto set my hand and

16 affixed my Notarial Seal this 31st day of March A.D.,

17 1998.

Notary Public and

20 Certified Shorthand Reporter and

Registered Professional Reporter

CSR License No. 084-003677

22 My Commission Expires: 03-02-99

KEEFE REPORTING COMPANY

Belleville, Illinois