ORIGINAL
ILLINOIS
IN THE MATTER OF :
POLLUTION CONTROL BOARD
May 16th,
PROPOSED AMENDMENTS TO THE
BOARD'S PROCEDURAL RULES AND
UNDERGROUND STORAGE TANK
REGULATIONS TO REFLECT P .A .
94-0274, P .A
. 94-0276, AND P .A .
94-0824 (35 ILL . ADM . CODE
101 .202, 732 .103, 732 .702,
734
.115, 734 .710),
)
2007
Page 1
RECEICLERK'S
MAY 1 7
STATE OF
R07-17
Pollution Co
(Procedural and
Land Rulemaking)
TRANSCRIPT OF PROCEEDINGS held in the
above-entitled cause before Hearing Officer
Timothy J . Fox, called by the Illinois Pollution
Control Board, pursuant to notice, taken before
Julia A . Bauer, CSR, RPR, a Notary Public within and
for the County of Cook and State of Illinois, at
the Thompson Center, 100 West Randolph, Room 11-512,
Chicago, Illinois, commencing at the hour of
1 :00, p.m., on the 16th day of May, A.D., 2007 .
L
.A
. REPORTING (312) 419-9292
VEDFFICE
2007
trot
LLINOISBoard
L.A . REPORTING (312) 419-9292
Page 2
1
A P P E A R A N C E S :
2
3
ILLINOIS POLLUTION
James R . Thompson
CONTROL BOARD
Center
4
100 West Randolph Street
Suite 11-500
5
Chicago, Illinois 60601
(312) 814-6032
6
BY : MR .
MS .
TIMOTHY
ANDREA
J .
S .
FOX, Hearing Officer
MOORE, Board Member
7
MR . THOMAS E . JOHNSON, Board Member
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Page
3
1
THE
HEARING OFFICER : Good afternoon
2
and welcome to this Illinois Pollution
3
Control Board hearing . My name is Tim Fox,
4
and I am the hearing officer for this
5
rulemaking proceeding entitled, "Proposed
6
Amendments to the Board's Procedural Rules
7
and Underground Storage Tank Regulations to
8
Reflect Public Act 94-274, Public Act 94-276,
9
and Public Act 94-824 (35 Illinois
10
Administrative Code 101
.202, 732 .103,
11
732 .702, 734 .115 and 734 .710
.)" The Board
12
docket number for this rulemaking is
13
R07-17 . The Board initiated this rulemaking
14
proposal on April 19th, 2007, by adopting an
15
opinion and order sending these proposed
16
amendments to first noticed publication in
17
the Illinois Register where they appeared on
18
May 4th, 2007 .
19
Also present today from the
20
Pollution Control Board are, to my left,
21
Board Member Andrea S . Moore, M-O-O-R-E, the
22
lead Board member for this rulemaking,
23
and also to my right, Board Member
24
Thomas E
. Johnson .
L.A . REPORTING (312) 419-9292
Page 4
1
Today we are holding the first
2
hearing in this rulemaking . The second
3
hearing is now scheduled to take place
4
Thursday, June 7th, in Springfield . This
5
proceeding is governed by the Board's
6
procedural rules . All information that is
7
relevant and that is not repetitious or
8
privileged will be admitted into the record .
9
Please note that any questions that may be
10
posed today either by the Board members or
11
Board staff are intended solely to develop a
12
clear and complete record for the Board's
13
decision and do not reflect any prejudgment
14
of the proposal .
15
The Board has not received any
16
prefiled testimony in this proceeding, and
17
the sign-up sheet on which people can
18
indicate an interest in testifying appears to
19
be blank, and no members of the public, in
20
fact, no persons, other than Board Members
21
Johnson and Moore, are present today .
22
Accordingly, what we will do is,
23
since it is just 5 after 1 :00
p.m.,
five
24
minutes into the scheduled time for the
L.A . REPORTING (312) 419-9292
Page 5
1
hearing,
go off the record, wait
2
approximately 15 to 20 minutes to
allow any
3
late arrivals to appear, who may wish either
4
to testify, to ask questions or offer a
5
public comment, and at the conclusion of that
6
15- to 20-minute period, we will come back on
7
the record either to address those comments
8
and questions or to adjourn the hearing after
9
making some quick procedural announcements .
10
Thank you .
11
(Whereupon, a discussion
12
was had off the record .)
13
THE HEARING OFFICER : Thank you for
14
rejoining us . It is now approximately
15
20 minutes after 1 :00, and we have allowed 15
16
to 20 minutes to lapse so that we could
17
accommodate any late arrivals who wish to
18
offer testimony, pose questions or make
19
comments of any kind . I have in hand a sheet
20
labeled the, "Witness Sign-up Sheet," on
21
which no one has indicated by signing in that
22
they would like to offer testimony . And for
23
the record, no member of the public is
24
present here after our brief adjournment to
L.A. REPORTING (312) 419-9292
Page 6
1
allow late arrivals to
appear .
2
I do want to address a couple of
3
quick procedural issues, simply to get those
4
into the record
. Any person may file written
5
public comments in this rulemaking with the
6
Clerk of the Board . Filings may be made
7
through the Board's Clerk's office on-line or
8
the C .O .O .L . system
. Any questions about
9
electronic filing through C .O
.O .L . should be
10
directed to the Clerk's office
. Filings with
11
the Board, whether paper or electronic, must
12
also be served on the hearing officer and on
13
those persons named on this service list in
14
this proceeding
. Before filing with the
15
Clerk, please check with the hearing officer
16
to ensure that you have the most recent
17
version of the service list .
18
The court reporter has indicated
19
that copies of the transcript of today's
20
hearing should be available at the Board by
21
Monday, May 21st of 2007, and very shortly
22
after that, the text of the transcript should
23
be available on the Board's website at
24
www .ipcb .state
.il .us . If anyone has
L.A
. REPORTING (312) 419-9292
Page 7
1
questions about the procedural aspects of
2
this rulemaking, please contact me, Tim Fox,
3
the hearing officer at (312) 814-6085 or at
4
e-mail address foxt@ipcb
.state
.il
.us .
5
As mentioned before, the second
6
hearing in this docket is now scheduled to
7
occur on Thursday, June 7th, at the Board's
8
office in Springfield . And I will note
9
quickly for the record that the Board has
10
received one public comment, written comment,
11
filed electronically by the Illinois
12
Environmental Protection Agency, which I
13
believe was received by the Board on Monday,
14
May 14th .
15
Seeing no members of the public
16
still present, there appear to be no other
17
matters procedurally or otherwise that need
18
to be addressed at this time . So I would
19
thank everyone for appearing today, and the
20
first hearing and Docket R07-17 is now
21
adjourned .
22
(Whereupon, there were no
23
further proceedings held
24
on this date .)
L.A. REPORTING (312) 419-9292
18
19
SUBSCRIBED AND SWORN TO
before me this 17th day
20
of May, A.D., 2007 .
21
Not y Public
22
23
24
1
STATE OF ILLINOIS )
SS
2
COUNTY OF COOK
3
4
5
JULIA A . BAUER, being first duly
6
sworn on oath says that she is a court reporter
7
doing business in the City of Chicago ; that she
8
reported in shorthand the proceedings given at the
9
taking of said hearing and that the foregoing is a
10
true and correct transcript of her shorthand notes
11
so taken as aforesaid and contains all the
12
proceedings given at said hearing
.
13
14
15
16
17
Page 8
JULIA A . BAUER, CSR
29 South LaSalle Street, Suite 850
Chicago, Illinois 60603
License No . : 084-004543
OFFICIAL SEAL
KIMBERLY A MEEKS
NOTARY PUBLIC - STATE OF ILLINOIS
MY COMMISSION EXPIRES :11J17A7
PUS,
;' ; ;
IAY CO1AMISSION
EXPIRES 1Z 707vOIS
L.A . REPORTING (312) 419-9292
Page 9
5 :17
Accordingly
4 :22
Act 3 :8,8,9
address 5 :7 6 :2
7:4
addressed 7:18
adjourn 5 :8
adjourned 7 :21
adjournment
5:24
ADM 1 :6
Administrative
3 :10
admitted 4:8
adopting 3 :14
aforesaid 8 :11
after4 :23 5 :8,15
5:24 6:22
afternoon 3 :1
Agency 7:12
allow 5 :2 6:1
allowed 5 :15
amendments 1 :4
3 :6,16
Andrea 2 :6 3 :21
announcements
5:9
anyone 6:24
appear 5 :3 6 :1
7:16
appeared 3 :17
appearing 7 :19
appears 4 :18
approximately
5 :2,14
April3 :14
arrivals 5 :3,17
6 :1
aspects 7 :1
available 6 :20
6:23
A.D 1 :19 8:20
B
being 8 :5
believe 7 :13
blank 4 :19
Board 1 :1,14 2 :2
2:6,6 3
:3,11,13
3 :20,21,22,23
4:10,11,15,20
6:6,11,20 7 :9
7 :13
Board's 1 :4 3:6
4:5,12 6 :7,23
7 :7
brief 5 :24
business 8 :7
C 2:1
C
called 1 :13
cause
1 :12
Center 1 :17 2:3
check 6:15
Chicago 1 :18 2:4
8 :7,16
City 8:7
clear 4:12
Clerk 6:6,15
Clerk's 6 :7,10
Code 1 :6 3:10
come 5 :6
commencing
1 :18
comment 5 :5
7:10,10
comments 5 :7,19
6:5
complete 4 :12
conclusion 5 :5
contact 7 :2
contains 8 :11
Control 1 :1,14
2 :2 3 :3,20
Cook 1:16 8:2
copies 6 :19
correct8 :10
County 1 :16 8:2
couple 6:2
date 7 :24
day 1 :19 8:19
decision 4 :13
develop 4:11
directed
6 : 10
discussion
5 :11
docket3 :12 7 :6
7 :20
doing 8 :7
duly 8:5
E
E 2:1,1,6 3 :24
either
4
:10 5 :3,7
electronic 6 :9,11
electronically
7:11
ensure 6 :16
entitled 3 :5
Environmental
7 :12
everyone 7 :19
e-mail 7 :4
F
fact 4 :20
file 6 :4
filed 7 :11
filing 6 :9,14
Filings 6:6,10
first
3:16 4 :1
7 :20 8:5
five 4 :23
foregoing
8:9
Fox 1 :13 2:5 3:3
7 :2
foxt@ipcb .stat...
7 :4
from 3 :19
further 7 :23
G
given 8 :8,12
go 5:1
Good 3:1
governed 4:5
H
hand 5 :19
hearing 1 :12 2:5
3 :1,3,4 4 :2,3
5 :1,8,13 6 :12
6:15,20 7 :3,6
7:20 8 :9,12
held 1 :11 7:23
her 8
: 10
holding 4:1
hour 1 :18
I
3 :9,17 7:11 8:1
8 :16
indicate 4:18
indicated 5 :21
6 :18
information 4 :6
initiated 3 :13
intended 4 :11
interest 4 :18
issues 6 :3
J
J 1 :13 2:5
James 2 :3
Johnson 2 :6
3 :24 4:21
Julia 1 :15 8 :5,15
June4:4 7:7
just 4 :23
K
kind 5 :19
L
labeled 5
:20
Land 1 :5
lapse 5 :16
LaSalle 8:16
late 5 :3,17 6 :1
lead 3 :22
left 3 :20
License 8 :17
like 5 :22
list 6 :13,17
M
made 6 :6
make 5:18
making 5 :9
MATTER 1 :3
matters 7:17
may 1 :1,19 3 :18
4 :9 5 :3 6:4,6
6 :21 7:14 8:20
member 2 :6,6
3 :21,22,23
5 :23
members 4:10
5 :15,16
Monday 6 :21
7 :13
Moore 2
:6 3
:21
4 :21
most 6 :16
must6 :11
M-O-O-R-E
3 :21
N
N 2:1
name 3 :3
named 6 :13
need 7 :17
Notary 1 :15 8:21
note
4:9 7
:8
notes 8 :10
notice
1 :14
noticed 3 :16
number 3 :12
0
oath 8 :6
occur 7 :7
off 5 :1,12
offer 5 :4,18,22
office 6 :7,10 7 :8
officer 1
:12 2
:5
3 :1,4 5:13 6:12
6:15 7:3
one 5:21 7 :10
on-line 6 :7
opinion 3 :15
order 3 :15
A
back 5 :6
court 6 :18 8 :6
about 6:8 7:1
Bauer 1 :15 8:5 CSR 1 :15 8:15
above-entitled
8:15
C.O.O .L 6 :8,9
1 :12
before 1 :12,14
accommodate
6:14 7 :5 8 :19
D
ILL 1 :6
4:19,20 7:15
Illinois 1 :1,13,16
1 :18 2:2,4 3:2
mentioned 7:5
minutes 4 :24 5 :2
Page 10
other 4:20 7 :16
otherwise 7 :17
P
P 2 :1,1
paper 6:11
people 4 :17
period 5 :6
person 6:4
persons
4:20
6
:13
place 4 :3
please 4 :9 6 :15
7
:2
Pollution 1 :1,13
2
:2 3 :2,20
pose 5 :18
posed 4 :10
prefiled 4:16
prejudgment
4 :13
present 3 :19
4
:21 5:24 7:16
privileged 4:8
procedural 1 :4,5
3 :6 4:6 5:9 6:3
7 :1
procedurally
7
:17
proceeding 3 :5
4 :5,16 6:14
proceedings
1 :11 7:23 8:8
8 :12
proposal 3 :14
4:14
proposed 1 :4 3 :5
3
:15
Protection 7 :12
public 1 :15 3 :8,8
3 :9 4:19 5:5,23
6 :5 7 :10,15
8
:21
publication 3 :16
pursuant 1
:14
P.A 1 :5,6,6
p .m 1 :19 4:23
questions 4 :9 5 :4
5
:8,18 6:8
7:1
quick 5:9 6:3
quickly 7 :9
R
R 2
:1,3
Randolph
1
:17
2 :3
received
4
:15
7 :10,13
recent 6 :16
record 4 :8,12
5
:1,7,12,23 6 :4
7 :9
reflect 1 :5 3 :8
4 :13
Register 3 :17
Regulations 1 :5
3 :7
rejoining
5:14
relevant 4 :7
repetitious 4:7
reported 8:8
reporter 6 :18
8
:6
right 3 :23
Room
1
:17
RPR 1 :15
rulemaking 1 :5
R07-17 1 :4 3:13
7 :20
S
S 2:1,6 3:21
says 8
:6
scheduled 4 :3,24
7 :6
second
4:2 7
:5
Seeing 7 :15
sending 3 :15
served 6 :12
service 6 :13,17
sheet 4:17 5 :19
5
:20
shorthand 8 :8
8
:10
shortly 6 :21
signing 5 :21
sign-up 4:17
5 :20
simply 6 :3
since
4 :23
solely 4 : 11
some 5:9
South 8 :16
Springfield 4 :4
7:8
SS 8:1
staff 4 :11
State 1 :16 8:1
still 7:16
Storage 1 :5 3 :7
Street 2 :3 8 :16
SUBSCRIBED
8 :19
Suite 2 :4 8 :16
sworn 8 :6,19
system 6 :8
T
take 4:3
taken 1 :14 8 :11
taking 8 :9
Tank 1 :5 3:7
testify 5 :4
testifying 4 :18
testimony 4:16
7:19
Thomas 2
:6 3
:24
Thompson 1 :17
1 :5 3:7
V
version 6 :17
very 6 :21
wait 5 :1W
want 6:2
website 6:23
welcome 3 :2
were
7
:22
West 1 :17 2:3
wish 5
:3,17
Witness 5 :20
written 6:4 7 :10
www .ipcb
.stat . ..
6:24
0
084-004543 8 :17
I
1 :00 1 :19 4:23
5 :15
100 1 :17 2:3
101.202 1 :7 3:10
11-500 2 :4
11-512 1 :17
14th 7 :14
15 5 :2,6,15
16th 1 :1 .19
17th 8 :19
19th 3 :14
6
606012 :4
606038 :16
7
7th 4:4 7:7
732.103 1 :7 3:10
732.702 1 :7 3:11
734.115 1 :7 3:11
734.710 1 :7 3:11
8
814-6032 2 :5
814-6085 7 :3
850 8:16
9
94-0274 1 :6
94-0276 1 :6
94-0824 1 :6
94-274 3 :8
94-276 3 :8
94-824 3 :9
2:3
2
through 6:7,9
20 5 :2,15,16
Thursday 4:4
7:7
20-minute
5:6
2007 1 :1,19 3:14
Tim3:3
7:2
3:18 6:21 8:20
time 4:24 7 :18
21st 6 :21
Timothy
1
:13
29 8:16
2 :5
today 3:19 4:1
3
4 :10,21 7:19
312 2:5 7:3
today's 6 :19
351 :6 3 :9
transcript 1 :11
6 :19,22 8 :10
4
true 8 :10
4th 3 :18
U
Underground
5 4 :23
3 :5,12,13,22
5:18,22
4
:2 6:5
7:2
text6:22
rules 1 :4 3 :6 4:6 thank 5 :10,13
