ILLINOIS POLLUTION CONTROL BOARD
    August 23, 2007
    IN THE MATTER OF:
    SECTION 27 PROPOSED RULES FOR
    NITROGEN OXIDE (NO
    x
    ) EMISSIONS
    FROM STATIONARY RECIPROCATING
    INTERNAL COMBUSTION ENGINES AND
    TURBINES: AMENDMENTS TO 35 ILL.
    ADM. CODE PARTS 211 AND 217
    )
    )
    )
    )
    )
    )
    )
    )
    R07-19
    (Rulemaking - Air)
    ORDER OF THE BOARD (by A. S. Moore):
    On July 19, 2007, the Illinois Environmental Protection Agency (Agency) filed a motion
    to withdraw testimony (Mot.). Specifically, the Agency seeks to withdraw the testimony of
    Robert Kaleel, Yoginder Mahajan, Michael Koerber, and Scott Leopold. Mot. at 1.
    In support of its motion, the Agency states that on May 11, 2007, it prefiled testimony
    regarding its rulemaking proposal entitled Stationary Reciprocating Internal Combustion Engines
    and Turbines: Amendments to 35 Ill. Adm. Code Section 201.146 and Parts 211 and 217 and
    docketed by the Board as R07-18. Mot. at 1. The Agency further states that, in addressing
    objections to considering that proposal under the “fast-track” procedures of Section 28.5 of the
    Environmental Protection Act (415 ILCS 5/28.5 (2006)), the Board bifurcated R07-18 and
    opened this docket.
    Id
    .
    The Agency argues that, although the Board transferred the record in R07-18 into this
    docket, R07-19 is “more narrow in scope than the original docket” in which the Agency prefiled
    testimony from Messrs. Kaleel, Koerber, Leopold, and Mahajan. Mot. at 2. The Agency states
    that this prefiled testimony “concerns more than the issues addressed in the new docket R07-19.”
    Id
    . The Agency argues that withdrawing this testimony will result in a hearing more focused
    upon the relevant issues.
    Id
    . Finally, the Agency claims that granting the motion will not result
    in prejudice, as a hearing officer order dated June 15, 2007, requires filing testimony for the first
    hearing in this proceeding by August 27, 2007.
    Id
    .
    Under Section 101.500(d) of the Board’s procedural rules, “[w]ithin 14 days after service
    of a motion, a party may file a response to the motion. If no response is filed, the party will be
    deemed to have waived objection to the granting of the motion, but the waiver of objection does
    not bind the Board or the hearing officer in its disposition of the motion.” 35 Ill. Adm. Code
    101.500(d). The Board notes that no participant in this proceeding has filed a response to the
    Agency’s motion to withdraw testimony. The Board grants the Agency’s motion and withdraws
    the testimony of Robert Kaleel, Yoginder Mahajan, Michael Koerber, and Scott Leopold. As the
    Agency has acknowledged in its motion, prefiled testimony for the first hearing in this docket
    must be filed no later than August 27, 2007.
    2
    IT IS SO ORDERED.
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on August 23, 2007, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

    Back to top