R9910B.PDF

1 BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

5 IN THE MATTER OF:

6 HOSPITAL/MEDICAL/INFECTIOUS No. R99-10

7 WASTE INCINERATORS: (Rulemaking-Air)

8 ADOPTION OF 35 ILL. ADM CODE 229

12 Proceedings held on February 3, 1999 at 3:00 p.m.,

13 at the Illinois Pollution Control Board, 600 South

14 Second Street, Suite 402, Springfield, Illinois,

15 before the Honorable Catherine F. Glenn, Hearing

16 Officer.

21 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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Belleville, Illinois

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

3 Board Member Ronald C. Flemal

4 Board Member Kathleen M. Hennessey

5 Board Member Marili McFawn

6 Board Member Elena Z. Kezelis

8 ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

BY: Bonnie R. Sawyer

9 Deborah J. Williams

Assistant Counsel

10 Division of Legal Counsel

1021 North Grand Avenue East

11 Springfield, Illinois 62794-9276

On behalf of the Illinois EPA.

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1 I N D E X

3 WITNESS PAGE NUMBER

4 KEVIN GREENE 15

5 JOE UY 20

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1 E X H I B I T S

3 NUMBER MARKED FOR I.D. ENTERED

4 Hearing Exhibit 4 13 13

Hearing Exhibit 5 13 13

5 Hearing Exhibit 6 13 13

Hearing Exhibit 7 13 13

6 Hearing Exhibit 8 14 14

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

2 (February 3, 1999; 3:00 p.m.)

3 HEARING OFFICER GLENN: Good afternoon. My name

4 is Catherine Glenn. I am the Hearing Officer in this

5 proceeding. I would like to welcome all of you here

6 to this hearing held by the Illinois Pollution Control

7 Board, in the matter of Hospital/Medical/Infectious

8 Waste incinerators, Adoption of 35 Illinois

9 Administrative Code 229.

10 Present today on behalf of the Board and seated to

11 my left is Dr. Ronald Flemal, the Board Member

12 coordinating this rulemaking.

13 To the left of Dr. Flemal is Board Member Marili

14 McFawn.

15 To my immediate right is Board Member Elena

16 Kezelis.

17 To Board Member Kezelis' right is Board Member

18 Kathleen Hennessey.

19 As background for this proceeding today, Public

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

21 1998, requires the Board to request the Department of

22 Commerce and Community Affairs, or DCCA, to conduct an

23 economic impact study on certain proposed rules prior

24 to the adoption of those rules. If DCCA chooses to

25 conduct the economic impact study, DCCA has 30 to 45

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1 days after such request to produce a study of the

2 economic impact of the proposed rules.

3 The Board must make the economic impact study, or

4 DCCA's explanation for not conducting this study

5 available to the public at least 20 days before a

6 public hearing on the economic impact of the proposed

7 rules.

8 The rulemaking that is the subject of this hearing

9 has been determined by the Board to be subject to

10 public Act 90-489. In accordance with this Act, the

11 Board has requested, by a letter dated December 8th,

12 1998, that DCCA conduct an economic impact study for

13 the aforementioned rulemaking. In addition to

14 requesting that DCCA conduct an economic impact study,

15 the Board requested that DCCA notify the Board within

16 10 days after receipt of the request whether DCCA

17 intended to conduct the economic impact study.

18 The Board further noted that if it did not receive

19 such notification, the Board would rely on a letter

20 from DCCA dated January 26th, 1998, as the required

21 explanation for not conducting the study. The January

22 26th, 1998 letter from DCCA notified the Board that

23 DCCA would not be conducting a study on the rule

24 pending before us today, or any of the rules in the

25 remainder of fiscal year 1999, because DCCA lacks,

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1 among other things, the financial resources to conduct

2 such a study.

3 The 10 days for DCCA to notify the Board has

4 expired, and the Board has not received any

5 notification from DCCA that it will conduct a study.

6 Accordingly, the Board has relied on the January 26,

7 1998 letter as DCCA's explanation for not producing

8 such a study. DCCA's January 26, 1998 letter, as well

9 the Board's letter to DCCA requesting that a study be

10 conducted, are available for review at the Board's

11 Chicago office, Office of the Clerk, James R. Thompson

12 Center, 100 West Randolph, Suite 11-500, in Chicago.

13 Additionally, copies of those letters have been put at

14 the table to my left.

15 The Board holds this hearing, then, for the public

16 to comment on DCCA's explanation for not conducting an

17 economic impact study in this rulemaking, and also for

18 the purpose of presenting testimony, documents, and

19 comments by affected entities and other interested

20 parties. Like other Board regulatory hearings, any

21 person who testifies will be sworn and subject to

22 questioning.

23 Additionally, this hearing will be governed by the

24 Board's procedural rules for regulatory proceedings.

25 All information which is relevant and not repetitious

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1 or privileged will be admitted pursuant to 35 Illinois

2 Administrative Code 102.282.

3 Are there any questions regarding the procedures

4 that we will be following this afternoon?

5 Seeing none, I would ask Dr. Flemal if he has any

6 additional comments he would like to make.

7 BOARD MEMBER FLEMAL: I just join in the welcome

8 that the Hearing Officer has already extended.

9 HEARING OFFICER GLENN: Is there anyone that would

10 like to comment today on DCCA's explanation for not

11 conducting an impact study for, In the Matter of:

12 Hospital/Medical/Infectious Waste Incinerators,

13 Adoption of 35 Illinois Administrative Code 229?

14 I see nobody that is indicating that they would

15 like to testify regarding this. Therefore, if there

16 is no objection, I would like to go, then, to the --

17 turn to the Agency and see if the Agency would like to

18 present any statements for us today.

19 MS. SAWYER: Good afternoon. My name is Bonnie

20 Sawyer. I am Assistant Counsel with the Illinois

21 Environmental Protection Agency. I just wanted to

22 take a moment to explain various documents that the

23 Illinois EPA will be submitting today.

24 And also just for members of the public that

25 didn't attend the first hearing, this rule is for the

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1 control of emissions from hospital, medical and

2 infectious waste incinerators, and the rule is

3 federally required under Sections 111(d) and 129 of

4 the Clean Air Act.

5 At the first hearing the Illinois EPA presented

6 testimony from Kevin Greene and Joe Uy about the

7 proposal. This testimony is available either through

8 the Board, or if you want to contact us we can provide

9 you with a copy, as well.

10 First of all, the Illinois EPA is seeking to amend

11 the proposal to require waste management plans from

12 hospital, medical or infectious waste incinerators

13 that are subject to the emission limits under the

14 rule, but are not currently required to submit the

15 plan. We did discuss this at the first hearing, and

16 essentially the Illinois EPA believes that this

17 provision of the rule is needed to meet the federal --

18 the minimum federal requirements under the emissions

19 guideline. Kevin Greene will explain a little bit

20 about the plan that we are proposing or the amendment

21 that we are proposing.

22 We have also filed written responses to several

23 issues that were raised at the first hearing, one

24 concerning whether this rule was appropriately filed

25 pursuant to Section 28.5 of the Illinois Environmental

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1 Protection Act, the fast-track rulemaking provisions,

2 and the other issue concerns how this rule, the

3 hospital/medical/infectious waste rule interacts with

4 the Potentially Infectious Medical waste land

5 pollution control rule.

6 We have actually filed this with the Board today,

7 and we sent a copy of this to the full notice list in

8 this proceeding as it existed as of probably a couple

9 days ago. The Hearing Officer and myself, we had

10 discussed the possibility that there was someone

11 additionally on the list, and they were not sent a

12 copy of this. So we may need to send it someone

13 else.

14 Just to briefly describe what is in the responses

15 in relation to Section 28.5 of the Illinois

16 Environmental Protection Act, the Agency believes that

17 this rule is appropriately before the Board pursuant

18 to that provision as it is at least as protective as

19 is required under the federal emission guideline, and

20 this is what Section 129 of the Act requires states to

21 submit.

22 In terms of the PIM or the section where we were

23 responding to concerns about the interaction between

24 this rule and the Potentially Infectious Medical waste

25 rule, I just point you to one part of our response on

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1 the very last page of this document. We have a flow

2 chart that we think will be helpful in describing the

3 interaction between these two rules.

4 We are also going to respond to a couple of issues

5 that were raised at the first hearing on the record.

6 Joe Uy will provide the Agency's responses to these

7 matters. One issue concerns co-fired combustors. The

8 Board had asked us to provide some information on how

9 many co-fired combustors we were aware of in the

10 State.

11 The second issue is just a general issue that we

12 thought perhaps we could provide more information to

13 the Board on in relation to rural HMIWI, or

14 Hospital/Medical/Infectious Waste Incinerators. What

15 we have done is we put together a map that estimates

16 the areas of the State that would be considered

17 rural. That is one of the exhibits that we will also

18 be submitting.

19 We have another document that is entitled, The

20 Specialists in Managing Medical Waste. This document

21 we are presenting because it gives some information on

22 how medical, infectious waste -- hospital, medical and

23 infectious waste is currently treated. That's just

24 essentially some background information in response to

25 some of the questions raised by the Board at the first

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1 hearing.

2 We also have some information that we are

3 submitting that is essentially supporting the proposed

4 amendments today. What this information is is

5 essentially information about the type of waste

6 management activities that can take place at

7 veterinary facilities. There are actually two

8 documents, one that covers veterinary facilities, and

9 the other is just generally medical clinics and

10 offices. And then an additional one for dental

11 offices and clinics. They are all stapled together as

12 one document.

13 HEARING OFFICER GLENN: Would you like to submit

14 those exhibits at this time, Ms. Sawyer?

15 MS. SAWYER: Sure. I will get them in the order

16 that we talked about them. At this time I would like

17 to submit the Motion to Amend the Rulemaking Proposal,

18 Illinois Environmental Protection Agency's Response to

19 Comments, Illinois HMIWI Rural and Nonrural Criteria

20 Coverage Map. The document, the Specialist in

21 Managing Medical Waste, and a document with the title,

22 Solid and Hazardous Waste Education Center, Waste

23 Education Series.

24 HEARING OFFICER GLENN: Are there any objections

25 to this motion?

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1 Seeing no objections, we will admit these

2 exhibits. If you will give me just a moment, I would

3 like to label them. So if I could just have one

4 moment.

5 All right. I will be marking the Motion to Amend

6 the Rulemaking Proposal as Exhibit Number 4.

7 (Whereupon said document was marked and admitted

8 into evidence as Hearing Exhibit 4 as of this

9 date.)

10 HEARING OFFICER GLENN: The Illinois Environmental

11 Protection Agency's Response to Comments, will be

12 labeled Exhibit Number 5.

13 (Whereupon said document was marked and admitted

14 into evidence as Hearing Exhibit 5 as of this

15 date.)

16 HEARING OFFICER GLENN: The diagram of the

17 Illinois HMIWI Rural and Nonrural Criteria Coverage

18 will be labeled Exhibit Number 6.

19 (Whereupon said document was marked and admitted

20 into evidence as Hearing Exhibit 6 as of this

21 date.)

22 HEARING OFFICER GLENN: The article entitled,

23 Trends in the Health Care and Medical Waste Industries

24 will be labeled Exhibit Number 7.

25 (Whereupon said document was marked and admitted

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1 into evidence as Hearing Exhibit 7 as of this

2 date.)

3 HEARING OFFICER GLENN: Ms. Sawyer, did you want

4 to have different exhibit numbers on the final

5 document? You mentioned that they have three

6 different sections.

7 MS. SAWYER: One Exhibit Number is fine. They are

8 all for the same basic purpose, so that is fine.

9 HEARING OFFICER GLENN: The document, therefore,

10 that is stapled together, and the first page reads,

11 Waste Reduction in the Veterinary Clinic will be

12 admitted as Exhibit Number 8.

13 (Whereupon said document was marked and admitted

14 into evidence as Hearing Exhibit 8 as of this

15 date.)

16 HEARING OFFICER GLENN: All right. At this time

17 would the Agency like to present some testimony on any

18 of these?

19 MS. SAWYER: First of all, I will introduce the

20 Agency personnel that are present, and then we can

21 proceed into the Agency's testimony.

22 HEARING OFFICER GLENN: All right.

23 MS. SAWYER: To my right is Debbie Williams. She

24 is an Assistant Counsel with the Illinois EPA.

25 To my left is Joe Uy. He is with the Office of

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1 Air Quality Planning and is an Environmental

2 Protection Engineer.

3 To Joe's left is Kevin Greene. He is the Manager

4 of the Office of Pollution Prevention.

5 What we will do is -- oh, and also present is Hank

6 Naour. He is the Manager of the Hazardous Air Section

7 of our Permit Section.

8 At this time we can start with Kevin's

9 presentation, and then we will go on to Joe's after

10 that.

11 HEARING OFFICER GLENN: Wonderful. Could we swear

12 them in before they begin, please.

13 (Whereupon Joe Uy and Kevin Greene were sworn by

14 the Notary Public.)

15 MR. GREENE: All right. I guess I will start

16 first. I am going to be providing a little testimony

17 regarding the provision we have added to the proposed

18 rule that would establish waste management planning

19 requirements for non hospital facilities that would be

20 treating waste in the hospital infectious waste

21 medical waste incinerator. The types of facilities

22 that likely will be affected would be nursing homes,

23 veterinary clinics, and research institutions.

24 These kinds of -- we feel that these types of

25 institutions should be treated differently than

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1 hospitals, because they won't be generating as much

2 waste, and they are not as complicated in terms of

3 operations and the variety of wastes would not be as

4 great. Therefore, the provisions that we established

5 for waste management planning are not as stringent as

6 they are for hospitals, particularly hospitals that

7 are burning waste in on-site facilities.

8 We are basically asking these facilities to

9 evaluate their current waste management practices, and

10 then identify any plans, any additional measures they

11 can take that they deem to be economically and

12 effectively feasible to improve their waste management

13 activities.

14 We have done a little bit of research in terms of

15 what kinds of activities are available for veterinary

16 clinics. And things that they can do include keeping

17 batteries out of their sharps containers, setting up

18 in-house recycling programs for batteries, looking at

19 rechargeable batteries where appropriate, and also

20 switching to digital thermometers or temperature

21 strips instead of thermometers that contain Mercury or

22 using other types of Mercury-free thermometers.

23 We feel that there are some steps that these kinds

24 of facilities can take to reduce the toxicity of waste

25 that will be burned in their incinerators. We are not

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1 asking them to file any kind of an annual report with

2 us. We don't expect that there would be many

3 facilities that will be subject to this provision.

4 It is our intention, once we have identified those

5 facilities, to do some outreach of those facilities

6 and share information with them on waste reduction

7 opportunities that might be available for them.

8 Unfortunately, I have not been able to find any

9 information on waste reduction for nursing homes, but

10 we are looking for that kind of information.

11 We also probably will go out and visit some of the

12 facilities like we have done with the hospitals, and

13 where we have some resources actually to help them

14 with their waste management planning activities.

15 I am available for any questions.

16 MR. MARK MARSZALEK: How do --

17 HEARING OFFICER GLENN: Excuse me. Could you

18 identify yourself for the record?

19 MR. MARK MARSZALEK: Yes, my name is Mark

20 Marszalek with Weaver, Boos & Gordon.

21 How does the EPA Pollution Reduction Section make

22 a connection from a nursing home to hospital, medical

23 waste incinerators since they cannot take their waste

24 to a hospital medical waste incinerator?

25 MR. GREENE: I am not sure if I understand the

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1 question. Under this rule they can certainly continue

2 to operate their incinerator until they could find a

3 different kind of treatment option off site.

4 MR. MARK MARSZALEK: To your understanding, a

5 nursing home that has their own incinerator would come

6 under this rule?

7 MR. GREENE: Yes, that is correct.

8 MR. MARK MARSZALEK: But not a nursing home that

9 does not currently have an incinerator?

10 MR. GREENE: That's correct.

11 MR. MARK MARSZALEK: Okay. Thank you.

12 HEARING OFFICER GLENN: Any other questions for

13 Mr. Greene?

14 BOARD MEMBER HENNESSEY: Just one question. Is

15 this amendment something that you view as required

16 under Section 111(d) and 129 of the Clean Air Act?

17 MR. GREENE: I am going to defer to our attorney.

18 MS. SAWYER: Yes. I think that as we have tried

19 to explain, what the federal guideline requires is

20 that all hospital medical waste, medical infectious

21 waste incinerators submit a plan. And the way we

22 originally proposed the rule we had hospitals that

23 operate incinerators, hospitals that send waste off

24 site, and commercial facilities that burn waste that

25 is generated off site covered by the waste management

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1 plan requirements, but not those facilities that may

2 operate hospital medical waste incinerators that are

3 not in those categories. So, yes, it is our

4 determination that it is required by the federal

5 emissions guideline under Section 111(d) and 129.

6 BOARD MEMBER HENNESSEY: Okay. Thank you.

7 BOARD MEMBER KEZELIS: I have one question, Mr.

8 Greene. Can you give me an example of the kind of

9 research institutions that you are contemplating?

10 MR. UY: One example would be those types of

11 facilities that do experiments and doing research in

12 the production of biologicals. And this may be --

13 their product might be used as medicine for humans as

14 well as animals. Those are the type of commercial

15 research facilities.

16 BOARD MEMBER KEZELIS: Commercial research

17 facilities free-standing or not affiliated or not on

18 the grounds of a hospital?

19 MR. UY: Yes.

20 BOARD MEMBER KEZELIS: How many are there in

21 Illinois?

22 MR. UY: Well, we have identified about -- there

23 are four commercial research facilities that we have

24 identified that might be subject to the rule.

25 BOARD MEMBER KEZELIS: Okay. Thank you.

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1 BOARD MEMBER FLEMAL: What is your uncertainty

2 there?

3 MR. UY: It is on the amount of medical infectious

4 waste that they are combusting. That would depend on

5 the volume of medical infectious waste that they are

6 treating in their incinerators.

7 BOARD MEMBER FLEMAL: You know that they have

8 incinerators, but you don't know that they qualify

9 based upon the amount of waste that they generate?

10 MR. UY: That's correct.

11 BOARD MEMBER FLEMAL: Okay.

12 MR. UY: Also, let me add to that that they may

13 also qualify as a co-fired combustor. And that is if

14 the volume of the medical infection waste that they

15 are combusting is ten percent or less. So in that

16 case if they have co-fired combustors they are not

17 subject to the emission standards and they are only

18 subject to the minimal requirement of notification of

19 exemption and record keeping.

20 HEARING OFFICER GLENN: Are there any other

21 questions for Mr. Greene?

22 Seeing none, Mr. Uy, if you would like to present

23 your testimony.

24 MR. UY: Good afternoon. My testimony this

25 afternoon would clarify and add some more information

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1 on issues that were raised in the first hearing.

2 On page 27 of the transcript, in response to a

3 question concerning the number of hospitals doing

4 on-site incineration, we want to clarify that we meant

5 that we identified 98 sources doing on-site

6 incineration of hospital and/or medical/infectious

7 waste and hence subject to the provisions of the

8 proposal. Of these sources, there are 95 hospitals, 2

9 nursing homes, and 1 commercial incinerator facility.

10 The Board also requested information concerning

11 the number of co-fired combustors in Illinois. The

12 exact number of co-fired combustor units can only be

13 ascertained when owners or operators of such units

14 commit to an enforceable condition limiting the

15 hospital or medical/infectious waste component of such

16 units' fuel feed stream to 10 percent or less.

17 Since we do not have the information confirming

18 that a unit is a co-fired combustor unit, our

19 estimation relied on information from the 1995 survey

20 of existing incinerator sources and on questionnaires

21 included with the outreach notification for the

22 rulemaking on hospital and medical/infectious waste

23 incinerators.

24 The following types of facilities with on-site

25 incinerators that may potentially qualify as co-fired

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1 combustors include: nursing homes, veterinary

2 clinics, commercial research laboratories, and mental

3 health centers. The Agency estimates there are 43

4 such facilities with on-site incinerators which may be

5 classified as co-fired combustors. Of these

6 facilities, there are 7 mental health centers, 4

7 commercial research facilities, 30 veterinary clinics,

8 and 2 nursing homes.

9 At the first hearing, the Board questioned why the

10 Illinois EPA has identified so few facilities that may

11 qualify as rural Hospital/Medical/Infectious Waste

12 Incinerators under the proposed rule. This discussion

13 is found in pages 22 to 27 of the transcript.

14 As explained at the hearing, the Illinois EPA has

15 only identified one Hospital/Medical/Infectious Waste

16 Incinerator in Illinois that appears to qualify as a

17 rural Hospital/Medical/Infectious Medical Waste

18 Incinerator. The main reason so few

19 Hospital/Medical/Infectious Waste Incinerators have

20 been identified is that only a small portion of

21 Illinois meets the rural criteria under the proposed

22 rule.

23 Exhibit 6 is Illinois EPA's estimation of the

24 areas in Illinois that are likely to qualify as

25 rural. This map is only an approximation of the areas

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1 that are located more than 50 miles from the boundary

2 of the nearest Standard Metropolitan Statistical Area

3 and should only be regarded as an estimate in

4 determining the applicability of Part 229.

5 HEARING OFFICER GLENN: Thank you, Mr. Uy.

6 Are there any questions of Mr. Uy?

7 BOARD MEMBER FLEMAL: As a matter of

8 clarification, on the map that is Exhibit Number 6,

9 all of the area that you have in yellow are areas that

10 are within 50 miles of one of the MSAs; is that

11 correct?

12 MR. UY: That's correct.

13 BOARD MEMBER FLEMAL: The only areas that are left

14 are the areas that are in red --

15 MR. UY: That's correct.

16 BOARD MEMBER FLEMAL: -- that are outside of 50

17 miles?

18 MR. UY: That's correct. I wanted to add to that

19 that the reason why it is so small is because we have

20 to consider the MSAs outside of the boundary of the

21 State of Illinois, because they are not very specific

22 on the MSAs within the State of Illinois. They also

23 consider other MSAs close to the boundary of the State

24 of Illinois.

25 HEARING OFFICER GLENN: I would like to ask a

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1 question of Ms. Sawyer briefly. At the first hearing

2 we had asked Ms. Sawyer if you wanted to offer a

3 definition of construction.

4 MS. SAWYER: I apologize. I should have mentioned

5 that. We are still taking a look at that issue, and

6 we will address it in our post hearing comments.

7 HEARING OFFICER GLENN: Thank you. For those of

8 you who were not at the first hearing, in today's

9 proposal, Part 229.110(a) talks about the

10 applicability of this rule, and it applies to all

11 incinerators which were constructed -- for which

12 construction commenced either on or before June 20th

13 of 1996. So we were seeking some clarification on

14 what definition of construction the Agency was hoping

15 to use.

16 What I would like to do at this time is go off the

17 record, but we will reconvene in ten minutes. That

18 way if any members of the public come in and arrive

19 late they will have a chance to speak. Additionally,

20 it will give those of us present here today a chance

21 to look over what has been admitted as exhibits this

22 afternoon, and if any questions arise after looking at

23 those exhibits we can put them to the Agency in ten

24 minutes. So if we could go off the record and

25 reconvene, please, at 3:45. Thank you.

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1 (Whereupon a short recess was taken.)

2 HEARING OFFICER GLENN: All right. Let's

3 reconvene if we may.

4 I will ask again if anyone else has any further

5 questions of the Agency regarding today's proposal?

6 All right. Seeing no questions, I wanted to let

7 you know that the transcript of today's proceedings

8 should be ready Monday, February 8th. If anyone would

9 like a copy of the transcript from today's hearing,

10 please see the court reporter directly. If you want

11 to order the transcript from the Board, the cost is 75

12 cents per page. However, you may wish to download it

13 from the Board's Web Site, which is

14 www.ipcb.state.il.us. That should be on the Board's

15 Web Site around February 9th or 10th.

16 Also today I would like to ask the Agency if they

17 will be requesting the third hearing that is currently

18 scheduled for February 11th in this matter.

19 MS. SAWYER: No, we will not. We will not present

20 more testimony.

21 HEARING OFFICER GLENN: Okay. Therefore, since

22 the Agency has indicated that they would like to

23 cancel the third hearing, I will be issuing a Hearing

24 Officer order indicating such. Those of you who are

25 on the notice and service list will be getting written

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1 notification of the cancellation of the hearing.

2 Since the transcript will be available February

3 8th, and the third hearing has been cancelled or will

4 be cancelled when I get my order out tomorrow, the

5 record will close 14 days after the receipt of the

6 transcript.

7 Therefore, it will probably close on February 22nd

8 of this year. Anyone wishing to submit comments must

9 do so within 14 days of the receipt of the

10 transcript. The mailbox rule will not apply to this

11 deadline. So please see that we have your comments by

12 February 22nd, assuming that we get the transcript on

13 the 8th.

14 Are there any other matters that need to be

15 addressed at this time?

16 Okay. Seeing that there are no further matters, I

17 would like to thank everyone for coming, the members

18 of the public, and the Agency, and the Board Members,

19 and thank you for your participation.

20 (Hearing exhibits were retained by

21 Hearing Officer Glenn.)

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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 26 pages comprise a true,

9 complete and correct transcript of the proceedings

10 held on the 3rd of February A.D., 1999, at 600 South

11 Second Street, Suite 402, Springfield, Illinois, in

12 the matter of: Hospital/Medical/Infectious Waste

13 Incinerators: Adoption of 35 Ill. Adm. Code 229, in

14 proceedings held before the Honorable Catherine F.

15 Glenn, Hearing Officer, and recorded in machine

16 shorthand by me.

17 IN WITNESS WHEREOF I have hereunto set my hand and

18 affixed my Notarial Seal this 5th day of February

19 A.D., 1999.

Notary Public and

22 Certified Shorthand Reporter and

Registered Professional Reporter

CSR License No. 084-003677

24 My Commission Expires: 03-02-99

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