R9814E~1.PDF

1 BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

4 IN THE MATTER OF:

5 PETITION OF PDV MIDWEST R98-014

6 REFINING, L.L.C. FOR A

7 SITE-SPECIFIC RULEMAKING

8 AMENDMENT TO 35 ILL. ADM.

9 CODE 3O4.213

13 Proceedings held on March 30, 1998 at 1:00 p.m.,

14 at the Illinois State Library, 300 South Second

15 Street, Springfield, Illinois, before the Honorable

16 John Knittle, Hearing Officer.

22 Reported by: Darlene M. Niemeyer, CSR, RPR

CSR License No.: 084-003677

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24 11 North 44th Street

Belleville, IL 62226

25 (618) 277-0190

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2 A P P E A R A N C E S

4 Claire A. Manning, Chairman

5 John Knittle, Attorney Assistant to

Board Member Joseph C. Yi

Kathy Glenn, Attorney Assistant to

7 Board Member Ronald C. Flemal

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

2 (March 30, 1998; 1:00 p.m.)

3 HEARING OFFICER KNITTLE: Good afternoon. My name

4 is John Knittle, and I am the hearing officer

5 designated for this proceeding entitled, In the Matter

6 of: Petition of PDV Midwest Refining, L.L.C. to amend

7 regulations pertaining to water pollution, R98-14.

8 The specific regulation is 35 Illinois Administrative

9 Code 304.213. Present today on behalf of the Illinois

10 Pollution Control Board is Chairman Claire Manning.

11 CHAIRMAN MANNING: Good afternoon.

12 HEARING OFFICER KNITTLE: And Kathy Glenn.

13 MS. GLENN: Hi.

14 HEARING OFFICER KNITTLE: Public Act 90-489 which

15 became effective on January 1st, 1998, requires the

16 Board to request the Department of Commerce and

17 Community Affairs to conduct an Economic Impact Study

18 on certain proposed rules prior to the adoption of

19 those rules. If DCCA chooses to conduct a study they

20 have 30 to 45 days after such a request to produce a

21 study of the economic impact of the proposed rules.

22 The Board must make the Economic Impact Study, or

23 DCCA's explanation for not having a study, available

24 to the public at least 20 days before public hearing

25 on the economic impact of the proposed rules. The

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1 rulemaking designated for this hearing has been

2 subject to Public Act 90-489. In accordance with this

3 Public Act, the Board has requested, by a letter dated

4 January 30, 1998, that DCCA conduct an economic impact

5 study for this rulemaking.

6 In addition to requesting that DCCA conduct an

7 Economic Impact Study, the request letter referenced a

8 letter dated January 26, 1998 from DCCA. The DCCA

9 letter notified the Board that DCCA would not be

10 conducting an Economic Impact Study on rules pending

11 before the Board for the remainder of the fiscal year

12 of '98 because DCCA lacked, among other things, the

13 technical resources and the financial resources to

14 conduct such studies.

15 Therefore, in the request letter the Board asked

16 that DCCA notify the Board within ten days of the

17 receipt of this request if DCCA intended to conduct an

18 Economic Impact Study on the proposed rules. The

19 Board further stated that if the Board did not receive

20 such notification, the Board would rely on DCCA's

21 January 26, 1998 letter as a required explanation for

22 not conducting the economic impact study.

23 The ten days for DCCA to notify the Board has

24 expired, and the Board has not received any

25 notification from DCCA that it would be conducting the

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1 Economic Impact Study on this rulemaking.

2 Accordingly, the Board will rely on the January 26,

3 1998 letter as DCCA's explanation for not producing a

4 study. I didn't mention it earlier, but I have DCCA's

5 letter as well as the Board's letter available on the

6 side table up there along with the sign up sheet if

7 anyone wishes to testify today.

8 All hearings required by the Environmental

9 Protection Act, except for this proceeding, have been

10 completed for this rulemaking. The Board, therefore,

11 is holding this hearing solely for the purpose for the

12 public to comment on DCCA's explanation for not

13 conducting an Economic Impact Study in this

14 rulemaking.

15 Like any other Board rulemaking, any person who

16 testifies will be sworn and subject to

17 cross-examination. Moreover, this hearing will be

18 governed by the Board's procedural rules for

19 regulatory proceedings. All information which is

20 relevant and not repetitious or privileged will be

21 admitted.

22 Are there any questions regarding the procedures

23 that we will be following today? Seeing none, I would

24 ask Chairman Manning if she has any other statements

25 she would like to make at this time.

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1 CHAIRMAN MANNING: No. Just welcome. Hopefully

2 this will be a short hearing as well.

3 HEARING OFFICER KNITTLE: Thank you. Is there

4 anyone here who would like to testify regarding DCCA's

5 explanation for not conducting an Economic Impact

6 Study for In the matter of: Petition of PDV Midwest

7 Refining, L.L.C. to Amend regulations pertaining to

8 water pollution, R98-14?

9 Seeing none, I would ask, unless there is an

10 objection, that we go off the record but remain

11 convened in the event that somebody does show up who

12 would like to testify. I would say we go off the

13 record for about ten minutes.

14 CHAIRMAN MANNING: Ten minutes would be fine.

15 HEARING OFFICER KNITTLE: Seeing no objection, we

16 will now go off the record.

17 (Whereupon a short recess was taken.)

18 HEARING OFFICER KNITTLE: We will go back on the

19 record.

20 I didn't see anybody new come in, so I will just

21 ask again for the record if there is anyone here who

22 would like to testify in this rulemaking regarding

23 DCCA's explanation for not conducting an Economic

24 Impact Study?

25 Seeing none, then I will just note that the

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1 transcript will be ready in about a week. You can

2 contact Darlene if you would like a copy of that or

3 you can also contact the Pollution Control Board in

4 the Chicago office and we can get you a copy of that

5 there as well.

6 Any questions regarding the public comment period

7 for this rulemaking, you should contact me, John

8 Knittle, at the Chicago office. It is 302-814-3473.

9 I would be glad to answer any of your questions.

10 Seeing that there are no other matters to address,

11 this matter is hereby adjourned. Thank you for

12 coming.

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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 7 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 John Knittle, Hearing Officer, and recorded in machine

14 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

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Belleville, Illinois