ECVED
CLERKS
OFFICE
ILLINOIS
POLLUTION
CONTROL
BOARD
December23,
2008
232008
STATE
OF
WNOfiS
IN THE
MATTER
OF:
)
2ollution
Control
Board
)
AIR
QUALITY
STANDARDS
CLEAN-UP:
)
R09-19
AMENDMENTS
TO
35 ILL. ADM.
CODE
)
(Rulemaking
- Air)
PART
243
)
NOTICE
OF
HEARINGS
DATES, TIMES,
AND
LOCATIONS:
FIRST HEARING:
TUESDAY,
FEBRUARY
3,2009
1:00PM
Madison
County
Administration
Building
County
Board
Room
#203
157
N. Main St.
Edwardsville,
Illinois
SECOND
HEARING:
TUESDAY,
MARCH
10, 2009
9:00AM
Illinois Pollution
Control
Board
Conference
Room
11-5 12
James R.
Thompson
Center
100W.
Randolph
St.
Chicago,
Illinois
PURPOSE
OF
HEARINGS:
Merit
and Economic
ATTENDING
BOARD
MEMBER:
Andrea
S. Moore
HEARING
OFFICER:
Timothy
J.
Fox
HEARING
OFFICER
ORDER
On December
1, 2008,
the illinois
Environmental
Protection
Agency
(Agency)
filed
with
the
Board a proposal
under
the general
rulemaking
provisions
of
Sections
27 and
28 of the
Environmental
Protection
Act
(Act)
(415 ILCS
5/27,
28
(2006)).
Generally,
the
Agency
proposes
to amend
Part
243
of the Board’s
air pollution
regulations
(35
Ill.
Adm. Code
243)
to
incorporate
new
federal
air quality
standards.
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
In compliance
with
the
Americans
with Disabilities
Act
and other
applicable
lbderal and
State
laws, the
hearing will be
accessible
to individuals
with
disabilities.
Persons
requiring auxiliary
aids and services
should
contact
John Therriault,
Assistant
Clerk of
the
Board,
at 100
West Randolph
St..
Suite 1—500. Chicago,
Illinois
6060
at telephone
number
312/8
4—6931,
tax number
312/814—3669.
or
TDD number 31
2/814—6032. live
days
prior
to the bearing.
2
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
take place
on
Tuesday, February 3,
2009, in
Edwardsville,
and the second
hearing will
take place
on Tuesday, March
10, 2009, in Chicago.
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.
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, January
20, 2009. Pre-filing
deadlines
for the second
hearing
will be determined at
a later date.
The “mailbox
rule”
at
35
Ill.
Adm. Code 101.300(b)(2)
does
not apply
to
the
filing
of any
pre-filed
testimony
in this proceeding.
The Board’s
Clerk
must receive these
documents
before
the close
of
business
on the specified
dates. 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 Hearings
Although
Section 27
of
the
Act (415 ILCS
5/27 (2006)) does
not
limit the
first
hearing
to
the testimony
of the proponent,
the hearing officer intends
to begin
the first hearing with
the
Agency’s presentation
of its proposal.
For the first
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).
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
then
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.
The hearing scheduled
to begin March
10, 2009
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. Participants
who
do
not pre-file
testimony
will
be allowed to
testify as time permits
after the conclusion
of pre-filed
3
testimony
and
questions
based
upon
it. All
testimony pre-filed
for the
second
hearing will also
be
entered
into the record as
if read. See 35
Ill.
Adm. Code
102.424(f).
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
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 R09-
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
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