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    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
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    In the Matter of:
    )
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    PROPOSED AMENDMENTS TO AMMONIA
    ) R02-19
    4 NITROGEN STANDARDS: 35 ILL. ADM. )
    CODES 302.212, 302.213 and 304.122 )
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    TRANSCRIPT OF PROCEEDINGS held
    7 in the hearing of above-entitled matter,
    8 taken stenographically by STACY L. LULIAS, CSR,
    9 before CATHERINE GLENN, hearing officer, 100 West
    10 Randolph Street, Room C-500, Chicago, Illinois, on
    11 the 25th day of July, A.D., 2002, at the hour of
    12 11:00 a.m.
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    1 A P P E A R A N C E S:
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    HEARING TAKEN BEFORE:
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    Illinois Pollution Control Board,
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    100 West Randolph Street
    Room C-500
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    Chicago, Illinois 60601
    (312) 814-4825
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    BY: MS. CATHERINE GLENN, Hearing Officer
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    ILLINOIS POLLUTION CONTROL BOARD MEMBERS
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    9 Mr. G. Tanner Girard
    10 Mr. Ronald Flemal
    11 Mr. Nicholas Melas
    12 Mr. Michael Tristano
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    HEARING OFFICER GLENN: Good morning.
    2 My name is Cathy Glenn, and I am the hearing officer
    3 in this proceeding. I would like to welcome you to
    4 this hearing held by the Illinois Pollution Control
    5 Board in the matter of Proposed Amendments to
    6 Ammonia Nitrogen Standards, 35 Illinois
    7 Administrative Code 302.212, 302.213, and 304.122.
    8
    Present today on behalf of the
    9 Illinois Pollution Control Board and seated to my
    10 left is Dr. Ronald Flemal; seated to my far right is
    11 Mr. Michael Tristano; and seated next to me is
    12 Dr. Tanner Girard. They are the Board Members that
    13 have been assigned to this rule-making today.
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    Section 27(b) of the Environmental
    15 Protection Act requires that the Board request of
    16 the Department of Commerce and Community Affairs
    17 that they conduct an economic impact study on
    18 certain rules prior to the adoption of those rules.
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    If DCCA chooses to conduct their
    20 study, it has 30 to 45 days after the request is
    21 made to produce a study of the economic impact of
    22 the proposed rules.
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    The Board must then make the
    24 study, or DCCA's explanation for not conducting the
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    1 study, available to the public at least 20 days
    2 before public hearing on the economic impact of the
    3 proposed rules.
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    In accordance with Section 27(b)
    5 of the Act, the Board has requested by letter dated
    6 March 7, 2002, that DCCA conduct an economic impact
    7 study for the above-referenced rule-making.
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    The request letter referenced
    9 another letter dated March 10 of 2000 from DCCA.
    10 The DCCA letter notified the Board that it would not
    11 be conducting economic impact studies on rules
    12 pending before the Board during the remainder of
    13 fiscal year 2000 because it lacked, among other
    14 things, the financial resources to conduct such
    15 studies.
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    In the request letter, the Board
    17 also asked that DCCA notify the Board within ten
    18 days of receipt of the request if DCCA intended to
    19 conduct an economic impact study on the proposed
    20 rules.
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    The Board further stated that if
    22 it had not been notified within ten days, the Board
    23 would rely on DCCA's March 10, 2000 letter as the
    24 required explanation for not conducting the study.
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    The ten days for DCCA to notify
    2 the Board have expired, and the Board has not
    3 received any notification from DCCA that it will be
    4 conducting an economic impact study on this
    5 rule-making.
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    Accordingly, the Board has relied
    7 on DCCA's March 10 of 2000 letter as DCCA's
    8 explanation for not producing a study. The Board
    9 holds this hearing for the public to comment on
    10 DCCA's explanation for not conducting the study in
    11 this rule-making.
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    Like other Board regulatory
    13 proceedings, anyone who testifies will be sworn and
    14 subject to questioning.
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    Before I ask if anyone would like
    16 to comment on DCCA's letter, I believe, Mr. Harsch,
    17 you wanted to make a comment?
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    MR. HARSCH: Thank you, Cathy.
    19
    Most of you know our consultant in
    20 this proceeding was Dr. Robert Sheehan, who passed
    21 away last month leaving an awful lot of unfinished
    22 business, and we -- personally, I will -- are going
    23 to miss him a lot. Those of you who have worked
    24 with Dr. Sheehan in the past have been before the
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    1 Board in a number of proceedings on behalf of
    2 individual dischargers as well as working with the
    3 State on other proceedings. He had worked with
    4 USEPA in the development of their Criteria Document.
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    Dr. Sheehan leaves a lot of
    6 unfinished work, a lot of hope and promise in his
    7 wetlands research center that we were hoping to
    8 capture and utilize his spirit and expertise in the
    9 State's development of nutrient rules.
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    We're all going to miss him, and I
    11 just wanted to make that statement on the record.
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    Thank you.
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    HEARING OFFICER GLENN: Thank you,
    14 Mr. Harsch.
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    For the record, would you mind
    16 telling the court reporter your name?
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    MR. HARSCH: Roy Harsch from Gardner,
    18 Carton & Douglas. I'm the attorney on behalf of the
    19 Proponent in this proceeding, the Illinois
    20 Association of Wastewater Agencies.
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    HEARING OFFICER GLENN: Thank you,
    22 Mr. Harsch.
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    On behalf of the Board, we
    24 certainly do appreciate Dr. Sheehan's efforts in the
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    1 proceedings before the Board, and we appreciate your
    2 comments.
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    MR. HARSCH: Thank you for the
    4 opportunity.
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    HEARING OFFICER GLENN: Is there
    6 anyone present today that would like to comment on
    7 DCCA's explanation for not doing an economic impact
    8 study regarding this rule?
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    I see no one here who would like
    10 to testify about that, so, with no further ado,
    11 there's nothing more to be done here at this hearing
    12 this morning. I would just like to say that the
    13 comment period will close 14 days after we receive
    14 the transcript of this hearing. So, typically, we
    15 receive the transcript in about eight days.
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    I will put out a hearing officer
    17 order once we receive the transcript so everyone
    18 will know when the public comment period will indeed
    19 close.
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    Thank you for your attention this
    21 morning. I think that concludes our business.
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    (Which were all the proceedings
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    had in the above-entitled cause
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    on this date.)
    8
    1 STATE OF ILLINOIS )
    ) SS:
    2 COUNTY OF DUPAGE )
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    STACY L. LULIAS, being first duly
    5 sworn on oath says that she is a court reporter
    6 doing business in the City of Chicago; that she
    7 reported in shorthand the proceedings given at the
    8 taking of said hearing and that the foregoing is a
    9 true and correct transcript of her shorthand notes
    10 so taken as aforesaid and contains all the
    11 proceedings given at said hearing.
    12
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    STACY L. LULIAS, CSR
    15
    79 West Monroe Street, Suite 1219
    Chicago, Illinois 60603
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    License No.: 084-004349
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    18 SUBSCRIBED AND SWORN TO
    before me this 7th day
    19 of August, A.D., 2002.
    20
    Notary Public
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