BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
SECTION 27 PROPOSED RULES FOR
)
NITROGEN OXIDE (NO
x
) EMISSIONS
)
R07-19
FROM STATIONARY RECIPROCATING
)
(Rulemaking – Air)
INTERNAL COMBUSTION ENGINES AND
)
TURBINES: AMENDMENTS TO 35 ILL.
)
ADM. CODE PARTS 211
)
NOTICE
TO:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
SEE ATTACHED SERVICE LIST
PLEASE TAKE NOTICE that I have today filed with the Office of the Pollution Control Board
the attached MOTION TO WITHDRAW TESTIMONY
of the Illinois Environmental Protection
Agency a copy of which is herewith served upon you.
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
By: ___/s/___________________
Rachel L. Doctors
Assistant Counsel
Division of Legal Counsel
DATED: July 19, 2007
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217.782.9143 (TDD)
Electronic Filing, Received, Clerk's Office, July 19, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
SECTION 27 PROPOSED RULES FOR
)
NITROGEN OXIDE (NO
x
) EMISSIONS
)
R07-19
FROM STATIONARY RECIPROCATING
)
(Rulemaking – Air)
INTERNAL COMBUSTION ENGINES AND
)
TURBINES: AMENDMENTS TO 35 ILL.
)
ADM. CODE PARTS 211
)
MOTION TO WITHDRAW TESTIMONY
NOW COMES the Proponent, the Illinois Environmental Protection Agency (Illinois
EPA), by its attorneys, and pursuant to 35 Ill. Adm. Code 101.500 and 102.402, hereby requests
that the Illinois Pollution Control Board (Board) grant the Illinois EPA leave to withdraw the
testimony of Robert Kaleel, Yoginder Mahajan, Michael Koerber and Scott Leopold. In support
of this Motion, the Illinois EPA states as follows:
1.
On April 20, 2007, following the filing by the Illinois EPA of its proposal
entitled, “Stationary Reciprocating Internal Combustion Engines and Turbines: Amendments to
35 Ill. Adm. Code Section 201.146, and Parts 211 and 217,” the Hearing Officer entered an order
scheduling hearings and dates for prefiling testimony. The first hearing was scheduled for May
21, 2007, with service by the Illinois EPA of prefiled testimony required by May 11, 2007.
2.
After the Illinois EPA’filed testimony on May 11
th
, the Board ruled on May 17,
2007, on the Opponents’ Objections to the use of fast-track rulemaking procedures for the
Illinois EPA’s above proposal. It entered an order bifurcating the rulemaking into two dockets.
The order acknowledged that the hearing scheduled for Monday, May 21, 2007, would concern
only engines affected by the NO
x
SIP Call Phase II requirements. This significantly narrowed
Electronic Filing, Received, Clerk's Office, July 19, 2007
the scope of the hearing scheduled for May 21
st
on R07-18.
3.
On May 18, 2007, the Illinois EPA requested that pursuant to that order that the
testimony of Michael Koerber and Scott Leopold be withdrawn from docket R07-18. The
hearing officer granted that motion orally at hearing on May 21, 2007.
4.
Also as part the Board’s May 17, 2007, it electronically transferred all the
documents, including the Illinois EPA’s prefiled written testimony from R07-18 to the second
docket R07-19. R07-19 is also more narrow in scope than the original docket in which the
Illinois EPA filed the testimony of Robert Kaleel, Michael Koerber, Scott Leopold, and
Yoginder Mahajan. The Illinois EPA is now in the process of evaluating how best to support the
amended regulatory proposal. As the scope of the rulemaking has been narrowed and the
testimony of Robert Kaleel, Michael Koerber, Scott Leopold, and Yoginder Mahajan concerns
more than the issues addressed in new docket R07-19, to facilitate a hearing focused on the
relevant issues, the Illinois EPA is requesting that the testimony of Robert Kaleel, Michael
Koerber, Scott Leopold, and Yoginder Mahajan be withdrawn.
5.
No prejudice will result from the granting of this request, as the Hearing Officer
on June 15, 2007, provided a schedule for submission of testimony that allows the Illinois EPA
until August 27, 2007, to file testimony in the new docket R07-19. This request is will facilitate
a hearing more focused on the relevant issues.
Electronic Filing, Received, Clerk's Office, July 19, 2007
WHEREFORE, for the reasons stated above, the Illinois EPA hereby respectfully
requests that the Board grant the Illinois EPA’s Motion to Withdraw Testimony.
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
By: _/s/ Rachel L. Doctors___________
Rachel L. Doctors
Assistant Counsel
Division of Legal Counsel
DATED: July 19, 2007
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143(TDD)
Electronic Filing, Received, Clerk's Office, July 19, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILLINOIS
)
)
SS
COUNTY OF SANGAMON
)
)
CERTIFICATE OF SERVICE
I, the undersigned, an attorney, state that I have served electronically the attached
MOTION TO WITHDRAW TESTIMONY of the Illinois Environmental Protection
Agency upon the following persons:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
SEE ATTACHED SERVICE LIST
and mailing it by regular mail from Springfield, Illinois on July 19, 2007, with sufficient
postage affixed.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
___/s/__________________
Rachel L. Doctors
Assistant Counsel
Air Regulatory Unit
Division of Legal Counsel
Dated: July 19, 2007
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
(217) 782-5544
217.782.9143 (TDD)
Electronic Filing, Received, Clerk's Office, July 19, 2007
SERVICE LIST
R 07-19
Timothy Fox, Hearing Officer
Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60606
Virginia I. Yang, Deputy Counsel
Illinois Department of Natural Resources
One Natural Resources Way
Springfield, Illinois 62702-1271
Schiff Hardin LLP
Renee Cipriano
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606-6473
Schiff Hardin LLP
Kathleen Bassi
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606-6473
Hodge Dwyer Zeman
Katherine Hodge
3150 Roland Avenue
PO Box 5776
Springfield, Illinois 62794-9276
Gale Newton
3150 Roland Avenue
PO Box 5776
Springfield, Illinois 62794-9276
Illinois Environmental Regulatory Group
N. Ladonna Driver
3150 Roland Avenue
Springfield, Illinois 62703
Schiff Hardin LLP
Joshua More
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606-6473
Schiff Hardin LLP
Stephen Bonebrake
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606-6473
Matthew Dunn
Illinois Attorney General Office
Environmental Control Division
James R. Thompson Center
100 West Randolph Street
Chicago, Illinois 60601
Electronic Filing, Received, Clerk's Office, July 19, 2007