ILLINOIS POLLUTION CONTROL BOARD
    IN THE MATTER OF:
    )
    )
    PROPOSAL OF VAUGHAN &
    ) R06-11
    BUSHNELL MANUFACTURING
    ) (Rulemaking-Noise)
    COMPANY OF AMENDMENT TO
    )
    A SITE-SPECIFIC RULE
    )
    35 ILL. ADM. CODE 901.121 )
    Proceedings held on October 31st,
    2006, at 10 a.m. at the Illinois Pollution
    Control Board Hearing Room, 1021 North Grand
    Avenue East, North Entrance, Springfield,
    Illinois, before John Knittle, Chief Hearing
    Officer.
    Reported by: Beverly S. Hopkins, CSR, RPR
    CSR License No.: 084-004316
    KEEFE REPORTING COMPANY
    11 North 44th Street
    Belleville, IL 62226
    APPEARANCES
    ILLINOIS POLLUTION CONTROL BOARD
    Mr. John Knittle
    Hearing Officer
    2125 South First Street
    Champaign, Illinois 61820
    (217) 278-3111
    BOARD MEMBERS PRESENT:
    Mr. Thomas Johnson
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    Ms. Erin Conley
    Rulemaking Coordinator
    1021 North Grand Avenue East
    Springfield, Illinois 62794
    (217) 782-9807
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    Mr. Mark V. Gurnik
    Assistant Counsel
    1021 North Grand Avenue East
    Springfield, Illinois 62794
    (217) 782-9807
    KEEFE REPORTING COMPANY
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    HEARING OFFICER KNITTLE: My name is
    2
    John Knittle. Good morning, I'm the Board
    3
    hearing officer for the rulemaking proposal
    4
    before us today: R06-11, In the Matter of the
    5
    Proposal of Vaughan and Bushnell -- Bushnell --
    6
    MR. JOHNSON: Bushnell.
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    HEARING OFFICER KNITTLE: --
    8
    Manufacturing Company of Amendment to a
    9
    Site-Specific Rule 35 Ill. Adm. Code 901-121. We
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    have already held a hearing in this matter on
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    March 7th, 2006, at which point we elicited all
    12
    of the substantive testimony, and the Board went
    13
    to first notice on July 20th, 2006.
    14
    At that time, we had not received a
    15
    response from the Department of Commerce and
    16
    Economic Opportunity so this hearing is being
    17
    held solely for the purpose of fulfilling the
    18
    Section 27(b) requirements of the Act.
    19
    Section 27(b) of the Act requires the
    20
    Board to request the Department of Commerce and
    21
    Economic Opportunity to conduct an Economic
    22
    Impact Study on certain proposed rules prior to
    23
    the adoption of those rules. If the DCEO chooses
    24
    to conduct an Economic Study, they have 30 to 45
    KEEFE REPORTING COMPANY
    3
    1
    days after our request to produce a study of the
    2
    Economic Impact of the proposed rule.
    3
    The Board must then make the study, or
    4
    the DCEO's explanation for not conducting the
    5
    study, available to the public at least 20 days
    6
    before public hearing on the Economic Impact of
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    the proposed rules.
    8
    In this case, we, the Board, sent the
    9
    letter to the Department of Commerce and Economic
    10
    Opportunity on January 24th, 2006, requesting a
    11
    study for this rulemaking. In that letter the
    12
    Board asked the DCEO to provide a decision as
    13
    soon as possible. No response to the letter was
    14
    received. Based on this non-response and the
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    DCEO's past assertions that it does not have the
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    financial resources to perform the ECIS studies,
    17
    that's an acronym for Economic Impact Study, the
    18
    Board considers that the DCEO decided not to
    19
    conduct the study 30 days after the letter was
    20
    sent on February 23rd, 2006.
    21
    The Board's letter, and the documents
    22
    insisting the DCEO's response, were available to
    23
    the public for more than 20 days prior to this
    24
    hearing. They were available at the Board's
    KEEFE REPORTING COMPANY
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    1
    offices in the Chicago office.
    2
    We received no comments prior to this
    3
    hearing and are now going to open up the hearing
    4
    to see if there are any comments on the DCEO's
    5
    decision not to hold a -- not to have a study on
    6
    this matter? Any comments from the large
    7
    audience?
    8
    (No comments.)
    9
    HEARING OFFICER KNITTLE: Seeing none,
    10
    we're going to recess for 20 minutes to allow the
    11
    opportunity for anybody who wants to provide
    12
    comments on the DCEO's decision the chance to do
    13
    so. Also, I was remiss in noting, for the
    14
    record, that we have with us today Board Member
    15
    Johnson who is in charge of this rulemaking. Mr.
    16
    Johnson, anything you want to add?
    17
    BOARD MEMBER JOHNSON: No. We might
    18
    indicate for the record who else is here.
    19
    HEARING OFFICER KNITTLE: I was about
    20
    to do that. We have Mark Gurnik, I think, from
    21
    the IEPA. Mr. Gurnik, do you have anything to
    22
    add?
    23
    MR. GURNIK: No comment at this time.
    24
    HEARING OFFICER KNITTLE: And we also
    KEEFE REPORTING COMPANY
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    1
    have Board Rulemaking Coordinator,
    2
    extraordinaire, Erin Conley in the audience.
    3
    Erin, anything you want to add at this point in
    4
    time?
    5
    MS. CONLEY: No.
    6
    HEARING OFFICER KNITTLE: Let the
    7
    record reflect that she said no. That's it.
    8
    Let's recess for 20 minutes and see if anybody
    9
    wants to provide comment on this study, or lack
    10
    of study.
    11
    (A 20-minute break was taken.)
    12
    HEARING OFFICER KNITTLE: We are back
    13
    on the record after approximately a 20-minute
    14
    recess. We still have no members of the public
    15
    or anybody else coming in wishing to offer any
    16
    comments on the Department of Commerce and --
    17
    Department of Commerce and Economic Opportunity's
    18
    decision not hold an -- not to have an Economic
    19
    Impact Study on this rule. So, Mr. Gurnik, do
    20
    you have any comments before we close the
    21
    hearing?
    22
    MR. GURNIK: No comment.
    23
    HEARING OFFICER KNITTLE: Mr. Johnson?
    24
    BOARD MEMBER JOHNSON: Nothing for me.
    KEEFE REPORTING COMPANY
    6
    1
    Thank you.
    2
    HEARING OFFICER KNITTLE: We want to
    3
    thank pretty much just Mr. Gurnik and the court
    4
    reporter for their time, and thank you all very
    5
    much and -- Oh, just for the record, there will
    6
    be no public comment period on this rulemaking.
    7
    Public comment period is now closed, and we
    8
    should be putting out an order shortly. Thank
    9
    you.
    10
    (This concludes the Rulemaking
    11
    hearing.)
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    KEEFE REPORTING COMPANY
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    STATE OF ILLINOIS
    COUNTY OF FAYETTE
    C E R T I F I C A T E
    I, BEVERLY S. HOPKINS, a Notary Public
    in and for the County of Fayette, State of
    Illinois, DO HEREBY CERTIFY that the foregoing
    seven pages comprise a true, complete and correct
    transcript of the proceedings held on the 31st
    day of October, 2006, at the Illinois Pollution
    Control Board Hearing Room, 1021 North Grand
    Avenue East, North Entrance, Springfield,
    Illinois, In the Matter of: Proposal of Vaughan
    & Bushnell Manufacturing Company of Amendment to
    a Site-Specific Rule 35 Ill. Adm. Code 901.121,
    in proceedings held before Hearing Officer John
    Knittle, and recorded in machine shorthand by me.
    IN WITNESS WHEREOF I have hereunto set
    my hand and affixed by Notarial Seal this 31st
    day of October, 2006.
    _____________________________
    Beverly S. Hopkins, CSR, RPR
    Notary Public and
    CSR License No. 084-004316
    KEEFE REPORTING COMPANY
    8

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