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HEARING OFFICER:
Timothy J. Fox
HEARING OFFICER ORDER
On May 9, 2008, the Board received from the Illinois Environmental Protection Agency
(Agency) a proposal to amend Parts 211 and 217 of the Board's regulations by controlling
nitrogen oxides (N0x)
emissions from various sources. In an order dated June 5, 2008, the
Board accepted the proposal for hearing and directed the hearing officer to proceed to hearing.
The Board will conduct two hearings in order to allow the proponent and any other
interested participants the opportunity to present testimony on the merits and economic impact of
the rulemaking proposal. At hearing, all persons who testify will be sworn in and subject to
questioning. The Board will also receive any testimony on any economic impact study (EcIS)
conducted by the Department of Commerce and Economic Opportunity (DCEO) on the proposed
rules or on DCEO's decision not to perform an EcIS.
In setting hearing dates, the Board has considered and accommodated its general
workload and the numerous days of rulemaking hearings now scheduled. As indicated above in
the notice of hearings, the first hearing will begin on Tuesday, October 14, 2008, and, if business
remains at the end of the hearing on that day, will continue day-to-day until business is complete
or until Friday, October 17, 2008. The second hearing will begin Tuesday, December 9, 2008,
and, if business remains at the end of the hearing on that day, will continue day-to-day until
business is complete or until Friday, December 12, 2008.
Pre-Filing Deadlines
Participants who intend to testify at hearing are urged to pre-file their testimony and to
serve their pre-filed testimony on the hearing officer and all persons on the Service List. Before
filing pre-filed testimony or any other document with the Clerk, please check with the hearing
officer or the Board's Clerk to obtain the most recent version of the Service List.
Participants who wish to testify at the first hearing are directed to pre-file all of their
testimony and any related exhibits no later than Tuesday, September 2, 2008. In order to
expedite the first hearing, participants are directed to pre-file questions based on the Agency's
pre-filed testimony for the Agency's witnesses no later than Tuesday, September 16, 2008. The
Agency is directed to pre-file written answers to those pre-filed questions no later than Tuesday,
September 30, 2008.
Although Section 27 of the Environmental Protection Act (415 ILCS 5/27 (2006)) does
not limit the first hearing to the testimony of the proponent, the hearing officer presently intends
to allow the Agency as proponent to present the testimony of all of its witnesses before hearing
the testimony of other participants who have pre-filed testimony. Nonetheless, any person
wishing to testify at the first hearing should pre-file testimony by Tuesday, September 2, 2008.
Pre-filing deadlines for the second hearing will be determined at a later date.
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The "mailbox rule" at 35 Ill. Adm. Code 101.300(b)(2) does not apply to the filing of any
of this pre-filed testimony, pre-filed questions, or pre-filed answers, and the Board's Clerk must
receive these documents before the close of business on the specified dates. However,
documents may be filed electronically though the Clerk's Office On-Line (COOL) from the
Board's Web site at www.ipcb.state.il.us. Any questions about electronic filing through COOL
should be directed to the Clerk's Office at (312) 814-3629.
Order of Hearings
The hearing scheduled to begin on October 14, 2008, will begin with the Agency's
presentation of its case as the proponent. All pre-filed testimony will be entered into the record
as if read.
See
35 Ill. Adm. Code 102.424(f). For the first hearing, a brief summary of testimony
will be allowed if a witness wishes to provide one before responding to questions. Witnesses
will then address pre-filed questions. The hearing officer intends to allow any participant to ask
follow-up questions and, after addressing pre-filed questions, to allow participants who have not
pre-filed questions to ask them.
After the Agency has addressed all questions from other participants, and if time permits
before the conclusion of the first hearing, other participants who have pre-filed testimony may
testify. Participants who do not pre-file testimony will be allowed to testify as time permits after
the conclusion of pre-filed testimony and questions based upon it. Consequently, any person
wishing to testify at either of the two hearings is urged to pre-file testimony in order to ensure
that they have an opportunity to testify.
The hearing scheduled to begin December 9, 2008 will begin with participants who pre-
filed testimony for the first hearing and were not able to testify at that time. Participants who
pre-filed testimony for the second hearing will then present that testimony.
Any participant who wishes to offer a public comment at either hearing will be allowed
to do so if time permits at the close of pre-filed testimony and questions based upon it. The
Board's procedural rules also include an opportunity to file post-hearing comments.
See
35 Ill.
Adm. Code 102.108(b). The rules also provide that "Nile Board will accept written comments
from any person concerning the proposed regulations during the first notice period." 35 Ill.
Adm. Code 102.604.
Service and Notice Lists
The Service List for this rulemaking is the list of persons who wish to participate actively
in this proceeding and to receive not only the Board's opinions and orders but also other filings
such as pre-filed testimony and public comments. The Notice List includes participants who
wish to receive only the Board's opinions and orders and hearing officer orders.
Note that interested persons may now request electronic notice of filings by providing
their e-mail address through COOL under this docket number R08-19. This electronic notice
includes notice of the filing of documents that are not typically provided to persons on the Notice
List. In addition, COOL provides links to documents filed with the Board, and those documents
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can be viewed, downloaded, and printed free of charge as soon as they are posted to the Board's
Web site. For more information about the option of electronic notice or COOL, please consult
either the Board's Web site at www.ipcb.state.il.us or John Therriault, the Board's Assistant
Clerk, at (312) 814-3629.
IT IS SO ORDERED.
Timothy J. Fox
Hearing Officer
Illinois Pollution Control Board
100 W. Randolph St., Suite 11-500
Chicago, Illinois 60601
312-814-6085
foxt@ipcb.state.il.us