ILLINOIS POLLUTION CONTROL BOARD
June 15, 2007
IN THE MATTER OF :
)
SECTION 27 PROPOSED RULES FOR
) R07-19
NITROGEN OXIDE (NO x)
EMISSIONS
)
(Rulemaking - Air)
FROM STATIONARY RECIPROCATING )
INTERNAL COMBUSTION ENGINES AND
)
TURBINES
: AMENDMENTS TO 35 ILL
. )
ADM
. CODE PARTS 211 AND 217
)
NOTICE OF HEARINGS
DATES, TIMES, AND LOCATIONS
:
FIRST HEARING:
TUESDAY, SEPTEMBER 18, 2007, CONTINUING, IF
NECESSARY, THROUGH FRIDAY, SEPTEMBER 28, 2007,
OR UNTIL BUSINESS IS COMPLETE, AT
9:00 AM
Illinois Environmental Protection Agency Office Building
Training Room, 1214 West
1021 N . Grand Ave
. East, North Entrance
Springfield, Illinois
SECOND HEARING:
MONDAY, NOVEMBER 5, 2007, CONTINUING, IF
NECESSARY, THROUGH FRIDAY, NOVEMBER 9, 2007, OR
UNTIL BUSINESS IS COMPLETE, AT
9 :00 AM
James R
. Thompson Center
Room 2-025
100 W. Randolph St
.
Chicago, Illinois
RECEIVED
CLERK'S OFFICE
JUN 1 5 2007
Pollution
STATE OF
Control
ILLINOISBoard
AND RESUMING, IF NECESSARY, ON TUESDAY,
NOVEMBER 13, 2007 THROUGH FRIDAY, NOVEMBER 16,
2007, OR UNTIL BUSINESS IS COMPLETE, AT
9:00 AM
James R. Thompson Center
Room 11-512 (Illinois Pollution Control Board Conference Room)
100 W. Randolph St .
Chicago, Illinois
In compliance with the Americans with Disabilities Act and other applicable federal and State laws, die 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 11-500
. Chicago, Illinois 60601 . at telephone number 312/814-6931, fax number 312
:814-3669
. or TDD number 312814-6032 . five days prior
to the hearing
.
2
PURPOSE OF HEARINGS
:
Merit and Economic
ATTENDING BOARD MEMBER
:
Andrea S. Moore
HEARING OFFICER:
Timothy J . Fox
HEARING OFFICER ORDER
The Board opened this docket by an order dated May 17, 2007 . On April 6, 2007, the
Board received from the Illinois Environmental Protection Agency (Agency) a proposal to
amend Section 201 .146 and Parts 211 and 217 of the Board's regulations, which concern air
pollution . See 35 Ill. Adm. Code 201 .146, 211, 217 . Specifically, the proposal addressed the
control of nitrogen oxides (NO,) emissions from stationary reciprocating internal combustion
engines and turbines . In an order dated May 17, 2007, the Board bifurcated the proposal by
continuing to consider only the portion applicable to engines affected by the NO, State
Implementation Plan Call Phase II under the procedures of Section 28 .5 of the Environmental
Protection Act (Act) (415 ILCS 5/28 .5(2006)) in docket R07-18. Section 28 .5 provides for "fast-
track" proceedings applying "solely to the adoption of rules proposed by the Agency and
required to be adopted by the State under the Clean Air Act as amended by the-Clean Air Act
Amendments of 1990 (CAAA) ." 415 ILCS 5/28 .5(a) (2006) . Also in the May 17, 2007 order,
the Board opened this docket R07-19 and directed the Clerk to cause publication of the
remainder of the Agency's original proposal for first notice under Sections 27 and 28 of the Act
without commenting on the merits of the proposal
.
The Board will conduct two hearings 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 .
As indicated above in the notice of hearings, the hearing scheduled to begin on Tuesday,
September 18, 2007, will continue, if necessary, through Friday, September 28, 2007
. The
hearing officer recognizes that the Yom Kippur holiday begins Friday, September 21, 2007, and
does not intend to conduct the hearing in any manner that would conflict with observation of that
holiday by any participant . The second hearing scheduled to begin Monday, November 5, 2007,
will continue, if necessary, to Friday, November 16, 2007
. Because of the State Veterans' Day
holiday on Monday, November 12, 2007, the second hearing will not convene on that date .
The Service List for this rulemaking is the list of persons who wish to participate actively
in this proceeding and receive not only the Board's opinions and orders but also other filings
such as pre-filed testimony and public comments
. The Notice List is the list of persons who wish
to receive only the Board's opinions and orders and the hearing officer orders
. Note that
interested persons may now request electronic notice of filings by providing their e-mail address
through the Clerk's Office On-Line (COOL) under this docket number R07-19 . This electronic
3
notice includes notice of the filing of documents that are not typically provided to persons on the
Notice List
. Through COOL, those documents may 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, 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
.
Pre-Filing Deadlines
Participants who intend to testify at the first hearing must pre-file their testimony and
serve the 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 for the most recent version of
the Service List with the hearing officer or the Clerk's Office .
Participants in the first hearing are directed to pre-file all of their testimony and any
related exhibits no later than Monday, August 27, 2007
. Under Section 27 of the Act (415 ILLS
5/27 (2006)), the first hearing is not limited to the testimony of the proponent
. But, the hearing
officer presently intends to allow the Agency to present the testimony of all of its witnesses
before hearing the testimony of other participants
. Therefore, any person wishing to testify at the
first hearing should pre-file their testimony by August 27, 2007
. Those participating in the first
hearing are directed to pre-file questions based upon that pre-filed testimony by Monday,
September 10, 2007
. Participants in the second hearing are directed to pre-file all of their
testimony and any related exhibits no later than Monday, October 15, 2007
. Those participating
in the second hearing are directed to pre-file questions based upon that pre-filed testimony by
Monday, October 29, 2007
.
The "mailbox rule" at 35 Ill . Adm
. Code 101
.300(b)(2) does not apply to the filing of this
pre-filed testimony or pre-filed questions, and the Clerk must receive these documents before the
close of business on the specified dates
. However, pre-filed testimony, pre-filed questions, and
other documents may be filed electronically though 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
All pre-filed testimony will be entered into the record as if read (35 Ill
. Adm
. Code
102.424(f))
. Although a brief summary of testimony will be allowed if a witness wishes, the
hearing officer prefers that the witnesses proceed immediately to answering the pre-filed
question posed to them
. Participants who do not pre-file testimony will be allowed to testify as
time permits at the close of pre-filed testimony and the questions based upon it
. Similarly, any
participant who wishes to offer a public comment will be allowed to do so as time permits at the
close of pre-filed testimony and the questions based upon it
. Consequently, any person wishing
to testify at either of the two hearings is urged to pre-file their testimony in order to ensure that
they have an opportunity to testify
. In addition, the Board's procedural rules 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
.
4
The hearing scheduled to begin on September 18, 2007, will begin with the Agency's
presentation of its case as the proponent
. After the Agency has answered all pre-filed questions,
and if time permits before the conclusion of the first hearing, other persons who have pre-filed
may testify
. The Board has reserved ample time for each hearing and anticipates that any person
who wishes to testify will have an opportunity for testimony and any cross-examination
. In the
unlikely event that any person who pre-files testimony for the September 18, 2007 hearing
cannot testify because time does not allow, that person will be permitted to testify at the
beginning of the November 5, 2007 hearing .
The November 5, 2007 hearing will begin with anyone who pre-filed testimony for the
September 18, 2007 hearing and who was not able to testify at that time
. Following that
testimony will be the testimony of participants who both support the Agency's proposal and have
pre-filed testimony
. The participants who oppose the Agency's proposal in whole or in part will
then present their pre-filed testimony
. Any participant who wishes to offer a public comment at
the second hearing will be allowed to do so only if time permits at the close of pre-filed
testimony and the questions based upon it
. Again, written public comments may be submitted to
the Board.
The hearing officer, upon agreement of the participants or upon motion to the hearing
officer, may change the order of testimony at these hearings
. See 35 Ill. Adm. Code 102 .420,
citing 35 Ill . Adm. Codel0l .Subpart F.
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
