`M6PNA L
ILLINOIS POLLUTION CONTROL BOARD
April 20, 2007
IN THE MATTER OF
:
)
NO, EMISSIONS FROM STATIONARY
) R07-18
RECIPROCATING INTERNAL
)
(Rulemaking Air)
COMBUSTION ENGINES AND TURBINES
:)
AMENDMENTS TO 35 ILL . ADM . CODE )
SECTION 201 .146 AND PARTS 211 and 217 )
NOTICE OF HEARINGS
DATES, TIMES, AND LOCATIONS
:
FIRST HEARING
:
MONDAY, MAY 21, 2007,
TO BE CONTINUED DAY TO DAY (WITH THE
EXCEPTION OF THE STATE MEMORIAL DAY
HOLIDAY ON MONDAY, MAY 28, 2007) UNTIL
BUSINESS IS COMPLETE
9:00 AM
Illinois Environmental Protection Agency Office Building
Training Room, 1214 West
1021 N . Grand Avenue East, North Entrance
Springfield, Illinois
RECEIVEDCLERK'S
OFFICE
APR 2 0 2007
STATE OF ILLINOIS
Pollution Control Board
SECOND HEARING (IF NECESSARY)
: TUESDAY JUNE 19, 2007,
TO BE CONTINUED DAY TO DAY UNTIL
BUSINESS IS COMPLETE OR UNTIL FRIDAY,
JUNE 22, 2007
10:00 AM
Auditorium, Room C-500
Michael A . Bilandic Building
160 N . LaSalle St
., Fifth Floor
Chicago, Illinois
10:00 AM
Room 9-031
In coot
'e with the Anorman, ,girth l) ahdilies Act and ulhcr applicable I'rdeml a I ,State lams, the heannc wdl he accessible to individuals ,girt
disabilit . 1101,11 1,
auxiliary ash arid suciccs <hould contact I)orothv Out
Clerk of the Board . at 1110 Wet Randolph St . Suite 11-'oU-
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:ogn.Illinois(01,01,attelephonenumber .t12.'814G9?I,tasnurnher}l^,;g1n
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AND RESUMING, IF NECESSARY, ON
MONDAY, JUNE 25, 2007 AND CONTINUING
DAY TO DAY UNTIL BUSINESS IS COMPLETE
James R. Thompson Center
100 W
. Randolph Street
Chicago, Illinois
THIRD HEARING (IF NECESSARY) :
MONDAY, JULY 2, 2007, TO BE CONTINUED
DAY TO DAY (WITH THE EXCEPTION OF THE
STATE HOLIDAY ON WEDNESDAY, JULY 4,
2007) UNTIL BUSINESS IS COMPLETE
1 :00 PM
Illinois Environmental Protection Agency Office Building
Training Room, 1214 West
1021 N. Grand Avenue East, North Entrance
Springfield, Illinois
PURPOSE OF HEARINGS :
Merit and Economic
ATTENDING BOARD MEMBERS :
Andrea S . Moore
HEARING OFFICER:
Timothy J . Fox
HEARING OFFICER ORDER
Conduct of Hearing
The Illinois Environmental Protection Agency (Agency) filed this proposal pursuant to
Section 28.5 of the Environmental Protection Act (Act) (415 ILCS 5/28
.5 (2004)) . That provision
requires the Board to proceed toward adoption of the proposed regulation by meeting a series of
strict deadlines . The Board has applied those deadlines to this proceeding in its opinion and order
issued today.
On April 16, 2007, the Board received from ANR Pipeline, Natural Gas Pipeline
Company, Trunkline Gas Company, and Panhandle Eastern Pipeline Company their "Objection
to Use of Section 28
.5 Fast Track Procedures for Consideration of Nitrogen Oxide Proposal as
Filed."
On April 17, 2007, the Board received from the Illinois Environmental Regulatory Group
its "Objection to Use of Section 28 .5 'Fast-Track' Rulemaking for the Illinois Environmental
Protection Agency's Proposed Rules ."
In an order dated April 19, 2007, the Board stated that, until it rules on the pending
objections, it will proceed under the requirements of Section 28
.5 of the Act (415 ILCS 5/28 .5
(2004)). In the same order the Board directed that any response to the objections be filed by
Tuesday, May 1, 2007, and stated that the mailbox rule of 35 Adm. Code 101 .300(c) does not
apply to those responses
. The Board further directed that the objectors may reply to the
responses by Tuesday, May 8, 2007, and stated that the mailbox rule of 35 Ill . Adm. Code 101
300(c) does not apply to those replies.
2
3
Section 28.5 requires a specific purpose for each hearing and establishes other procedural
requirements .
Under Section 28.5 of the Act :
the first hearing "shall be confined to testimony by and questions of the Agency's
witnesses concerning the scope, applicability, and basis of the rule ." 415 ILCS
5/28.5(g)(1) (2004) .
the Board may cancel the second and third hearings if the Agency and affected
entities agree on the rule, if the United States Environmental Protection Agency has
not informed the Board of any unresolved objection to the rule, and if no other
interested party contests the rule or seeks to present additional evidence
. 415 ILCS
5/28.5(g)(1)(A) (2004) .
"[w]ithin 7 days after the first hearing, any person may request that the second
hearing be held
." 415 ILCS 5/28.5(g)(1) (2004) .
the second hearing, if necessary, "shall be devoted to presentation of testimony,
documents, and comments by affected entities and all other interested parties ." 415
ILCS 5/28 .5(g)(2) (2004) .
the third hearing, if necessary, "shall be devoted solely to any Agency response to
the material submitted at the second hearing and to any response by other parties .
The third hearing shall be cancelled if the Agency indicates to the Board that it does
not intend to introduce additional material
." 415 ILCS 5/28.5(g)(3) (2004) .
"[t]he Board shall require the written submission of all testimony at least 10 days
before a hearing, with simultaneous service to all participants of record in the
proceedings as of 15 days prior to hearing, unless a waiver is granted by the Board
for good cause ." 415 ILCS 5/28.5(g) (2004) .
"[f]ollowing the hearings, the Board shall close the record 14 days after the
availability of the transcript ." 415 ILCS 5/28 .5(1) (2004)
.
The Board has no discretion to adjust the strict deadlines set forth in Section 28
.5 of the
Act. See 415 ILCS 5/28 .5 (2004) . Therefore, the first hearing will go forward on Monday, May 21,
2007, and is not subject to continuation or cancellation . If the second and third hearings are
necessary, both will begin on the dates set above in this order . At the second hearing, participants
may comment on the economic determination made by the Department of Commerce and
Economic Opportunity pursuant to Section 27(b) of the Act (415 ILCS 5/27(b) (2004)) .
Notice and Service List
4
The Board will establish a notice list and a service list for this proceeding
. All persons on
the notice list will receive notice of all Board actions and hearing officer orders
. 35 Ill . Adm.
Code 102 .422(a) . Under Section 102
.422(b) of the Board's procedural rules :
[t]he hearing officer may establish a service list for any regulatory proceeding, in
addition to the notice list . The hearing officer may direct participants to serve
copies of all documents upon the persons listed on the service list . * * * For
purposes of fast-track rulemakings under Section 28 .5 of the Act, participants of
record will be the individuals on the service list
. 35 Ill . Adm. Code 422(b) .
In addition to receiving notice of Board actions and hearing officer orders, persons on the
service list will also receive testimony and filings in the proceeding
. The service list is reserved
for persons who will be testifying and participating in the rulemaking. With the development of
the Clerk's Office On-Line (COOL) and electronic filing thorough the Board's website
(www.ipcb .state.il.us), all prefiled testimony, public comments, and other filings will be
available for viewing and downloading. The only exception to this availability will be
voluminous filings, which will be available on request . Furthermore, with the development of
COOL, persons who are not on the service list and who wish to file only a public comment need
not serve their comments on the service list in this proceeding
.
To be placed on either the "Notice List" or the "Service List" contact the hearing officer
at the e-mail address or telephone number below . Through the Board's COOL system, persons
can request to receive e-notification, which automatically generates an email when the Board
dockets a filing in this proceeding . The e-notification system notifies participants of filings
almost immediately, and the documents will be available for viewing, downloading, or printing .
Prefiling of Testimony
Section 28
.5 of the Act sets forth strict deadlines for prefiling testimony :
[t]he Board shall require the written submission of all testimony at least 10 days
before a hearing, with simultaneous service to all participants of record in the
proceeding as of 15 days prior to the hearing, unless a waiver is granted by the
Board for good cause . 415 ILCS 5/28 .5(g) (2004).
Because each of the three hearings begins on a Monday, the 15th day before each of them falls on
a Sunday. For purposes of serving prefiled testimony, the service list will close at 4
:30 PM on
those Sundays, even though the Board will not be open for business
. Any person who submits an
e-mail or fax request to be added to the service list to the hearing officer before 4
:30 PM on those
Sunday deadlines will be added to the service list
. That service list will then be available from
the hearing officer after 9 :30 AM the next day.
Prefiled testimony for the first hearing must be served upon all persons on the service list
as
of 4:30
PM on Sunday, May 6, 2007
. Persons may receive a copy of the service list by contacting
5
the hearing officer after 9 :30 AM on Monday, May 7, 2007
. All prefiled testimony for the first
hearing must be submitted no later than Friday, May 11, 2007
.
Prefiled testimony for the second hearing must be served upon all persons on the service list
as
of 4:30 PM on Sunday, June 3, 2007
. Persons may receive a copy of the service list by
contacting the hearing officer after 9 :30 AM on Monday, June 4, 2007
. All prefiled testimony for
the second hearing must be submitted no later than Friday, June 8, 2007
.
Prefiled testimony for the third hearing must be served upon all person on the service list
as
or 4
:30 PM on Sunday, June 17, 2007
. Persons may receive a copy of the service list by contacting
the hearing officer after 9
:30 AM on Monday, June 18, 2007
. All testimony must be submitted no
later than Friday, June 22, 2007
.
For purposes of service of prefiled testimony on the Board for any of the three scheduled
hearings, the mailbox rule of 35 Ill . Adm
. Code 101 .300(c) does not apply.
IT IS SO ORDERED .
Timothy
qz~
J.
-
Fox
Hearing Officer
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
(312) 814-6085
foxt a,ipcb .state.il.us
