ILLINOIS
POLLUTION
CONTROL
BOARD
EVED
December
23,
2008
R S
OFFICE
DEC
232008
IN
THE
MATTER
OF:
)
STATE
OF
ILLINOIS
NITROGEN
OXIDES
EMISSIONS FROM
)
R08-19
Ption
Control
Board
VARIOUS
SOURCE
CATEGORIES:
)
(Rulemaking - Air)
AMENDMENTS
TO 35
ILL. ADM.
CODE
)
PARTS211AND217
)
NOTICE
OF
HEARING
DATE,
TIME,
AND LOCATION:
TUESDAY,
FEBRUARY
3,2009
9:00AM
Madison
County
Administration
Building
County
Board
Room
#203
157
N.
Main
St.
Edwardsville,
Illinois
PURPOSE
OF
HEARiNG:
Merit
and Economic
ATTENDING
BOARD
MEMBER:
Andrea
S.
Moore
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
(NO)
emissions
from
various
sources.
In an
order
dated
June
5, 2008,
the
Board
accepted
the
proposal
and
directed
the hearing
officer
to
proceed
to hearing.
The
Board
has now
held
two
hearings
on
the
Agency’s
proposal.
The
first
hearing
took
place
on Tuesday,
October
14,
2008,
in Springfield,
and
the second
hearing
in
Chicago
began
on
Tuesday,
December
9, 2008,
and
concluded
on
Wednesday,
December
10, 2008.
The
Board
will conduct
an
additional
hearing
in
order
to
receive
testimony
on
the
proposal
and any
participants’
responses
to
questions
raised
on the
record and
reflected
in
the
transcripts
of
the
earlier
hearings
in this
proceeding.
At hearing,
all
persons
who
testify
will
be
sworn
in
and
subject
to questioning.
As indicated
above
in
the notice
of
hearing,
the
additional
hearing
will
take
place
on Tuesday,
February
3, 2009,
in
Edwardsville.
ri compliance
with thc
Americans
with
Disabilities
Act
and
other applicable
federal
and State
laws, the
hearing
will
be
accessible
to
individuals
with
disabilities.
Persons
requiring
auxiliary
aids
and services
should contact
John
‘lherriauls,
Assistant
Clerk ot’the
Board, at
100 West
Randolph
St.
Suite
1
l-500.Chicago,
Illinois 6060i.attelcphonc
number3l2/814-6931,
lhxnwnhr3l2J8l4-3669.orTDDnumber
312/814-6032.
fivedavsprior
to the hearing.
2
Pre-Filing Deadlines
Participants
who intend to
testify at hearing
are urged
to
pre-file
their testimony
and
directed to
serve
any 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
Board’s
Clerk to obtain
the most recent version
of the Service
List.
Any participants wishing
to testify
at this additional
hearing
is directed
to pre-file
all of
their testimony
and any
related exhibits
no later than Tuesday,
January 20, 2009.
The “mailbox
rule”
at
35 Iii.
Adm. Code 101.300(b)(2)
does not
apply to the filing
of any
pre-filed
testimony
for this hearing. The
Board’s
Clerk
must receive these
documents
before
the
close
of business on the
specified
date. Although documents
may
be
filed electronically through
the
Clerk’s
Office
On-Line (COOL) from
the
Board’s
Web site at www.ipcb.state.il.us,
all
electronic
or approved
fax filings must
be received by the
Clerk’s Office
no later than 4:30
PM
on the
due date. Any questions
about
electronic
filing
through
COOL should
be directed
to the
Clerk’s
Office at (312)
814-3629.
Order
of
Hearing
At this additional
hearing,
a brief summary of testimony
will
be allowed if a witness
wishes to provide
one before responding
to questions.
All pre-filed testimony
will be
entered
into the record
as if read. See 35 Ill.
Adm. Code 102.424(f).
The Board
will
determine
the order in which
it will hear
the testimony of witnesses
who
have prefiled
testimony
on February
3,
2009
before the hearings
begins.
Participants
who
do not
pre-file testimony
for
this
additional hearing will
be
allowed
to testify as time permits
after the
conclusion
of pre-filed testimony
and questions
based upon it.
Any
participant who wishes
to offer
a public comment
will
be allowed
to do
so if time
permits
at the close of the
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
“[t]he
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
3
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
100W. Randolph St.,
Suite 11-500
Chicago,
Illinois
60601
312-814-6085
foxt@ipcb.state.il.us