BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

1

)

NOX EMISSIONS FROM STATIONARY

)

R07-19

RECIPROCATING INTERNAL COMBUSTION

)

(Rulemaking

-

Air)

ENGINES AND TURBINES:

1

AMENDMENTS TO 35 1LL.ADM.CODE

)

SECTION201.146ANDPARTS21lAND217.

)

NOTICE OF FILING

To:

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board

James R. Thompson Center

Suite 1 1-500

100 West Randolph

Chicago, Illinois 6060 1

Persons included on the

ATTACHED SERVICE LIST

PLEASE TAKE NOTICE that we have today filed with the Office of the Clerk of the

Pollution Control Board the

PIPELINE CONSORTIUM'S RESPONSE TO THE

AGENCY'S MOTION FOR RECONSIDERATION OF HEARING OFFICER ORDER

and AFFIDAVIT OF KATHLEEN C. BASSI.

Dated: July 1 3,2007

Renee Cipriano

Kathleen C. Bassi

Stephen J. Bonebrake

Joshua R. More

SCHIFF

HARDIN, LLP

6600 Sears Tower

233 South Wacker Drive

Chicago, Illinois 60606

3

12-258-5500

Fax: 3 12-258-5600

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

1

1

NOX EMISSIONS FROM STATIONARY

)

R07-19

RECIPROCATING INTERNAL COMBUSTION

)

(Rulemaking

-

Air)

ENGINES AND TURBINES:

)

AMENDMENTS TO 35 1LL.ADM.CODE

1

SECTION201.146ANDPARTS211AND217.

)

PIPELINE CONSORTIUM'S RESPONSE TO THE AGENCY'S

MOTION FOR RECONSIDERATION OF HEARING OFFICER ORDER

NOW COME ANR PIPELINE COMPANY, NATURAL GAS PIPELINE COMPANY,

TRUNKLINE GAS COMPANY, and PANHANDLE EASTERN PIPELINE COMPANY

(collectively "the Pipeline Consortium"), by and through their attorneys, SCHIFF

HARDIN

LLP, and, pursuant to 35 111.Adm.Code $8 101.500(d), 101.502, 101.504, 101.520(b), and

102.402, respond to the Illinois Environmental Protection Agency's ("Agency") Motion for

Reconsideration of Hearing Officer Order filed electronically with the Board on July 12,2007,

and received by the Pipeline Consortium's counsel that same day via

email, though paper service

has not yet been completed. The Pipeline Consortium requests that the Hearing Officer neither

grant the Agency's Motion for Reconsideration nor amend his Order issued on July 1 1,2007, in

response to the Pipeline Consortium's Motion for Production of Information filed electronically

on June 29,2007, and supplemented on July 3,2007. In support of its request, the Pipeline

Consortium states as follows:

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

I. PERTINENT BACKGROUND

1.

The Pipeline Consortium filed its Motion for Production of Information on June

29,2007.

2.

The request for information was stylized as a Motion for Production of

Information pursuant to the Board's regulations at 35

11l.Adm.Code

$5

102.402 and 101.614 and

filed with the Hearing Officer when, in response to an

informal email request for the information

sent to counsel for the Agency and copied to the service list on June

26,2007,~ the Agency

provided ever-changing and ever-escalating requirements for the Pipeline Consortium's counsel

to obtain the requested information.

3.

The Agency's first response to this request was an

email from Agency counsel to

the Pipeline Consortium's counsel, with the parties on the service list not apparently copied,

stating that the Agency was "working on [our] request" and that the Pipeline Consortium would

not need to utilize the provisions of the Freedom of Information Act ("FOIA") but that the

Agency would like the Pipeline Consortium to send a formal letter requesting the

inf~rmation.~

4.

Several more

emails were exchanged regarding what needed to be included in the

letter and a question regarding the timeframe for the Agency to provide the

inf~rmation.~

5.

After the exchange of

emails between counsel for the Pipeline Consortium and

one of the Agency's counsel, counsel for the Agency telephoned counsel for the Pipeline

Consortium to state that not only was an informal

email request insufficient, but the more formal

See

Exhibit 1, attached hereto.

See

Exhibit 2, attached hereto.

See

Exhibit 3, attached hereto.

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

request for the information by letter was insufficient as well. The Agency insisted that the

Pipeline Consortium file a formal request pursuant to FOIA in order to receive the information.

6.

At that point in time, counsel for the Pipeline Consortium and counsel for the

Agency telephoned the Hearing Officer regarding the propriety of the Agency's requiring the use

of FOIA for participants of record in a rulemaking proceeding requesting materials, data, or other

information relied upon by the Agency in its proposal of the rulemaking. The Hearing Officer

was to look into the matter and get back to us. Counsel for the Agency reiterated during the call

that the Agency expected to provide the information within 10-14 days, as stated in her

email.

See Exhibit 2.

7.

Subsequently, counsel for the Pipeline Consortium determined that, since the

Agency appeared to be setting aside its long-standing practice of providing the information upon

which it relied in a rulemaking to participants who request that information without following the

formalities of motion practice, the formal Motion for Production of Information as set forth in

the Board's rules was the more appropriate route for the Pipeline Consortium to follow. The

Pipeline Consortium, then, filed its Motion for Production of Information on June 29,2007, and

supplemented it with more specific information regarding how the modeling data requested

should be conveyed to the Pipeline Consortium's consultant on July 3,2007.

8.

At no time to date has the Agency withdrawn the testimony of Scott Leopold and

Michael Koerber from Docket

~07-

1

gn4

9.

Prior to the Agency's submittal of its Motion for Reconsideration, the Agency has

never expressed any objection to providing the information requested and, in fact, agreed, both in

writing and orally before the Hearing Officer, to provide the

inf~rmation.~

See

Exhibit 4, a print-out of the Board's online docket for R07-19, and Exhibit 5, the

Agency's Motion to Withdraw Testimony in Docket R07-18, both attached hereto.

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

12.

The Agency next argues that it does not have the information that the Pipeline

Consortium has requested. Whether the Agency has the information or its agent or expert,

LADCO, has the information is immaterial. The Agency at the least constructively has this

information. The Pipeline Consortium asserts, the Agency's claims to the contrary

notwithstanding, that the Agency does, indeed, possess and control the information requested to

the same extent that any party in a rulemaking that offers an expert's

infomation as a basis or in

support of its position regarding the proposal.

13.

In this matter, because the Agency is relying upon the expertise of LADCO and

because the Agency filed testimony that relied on the information sought, where the information

presently physically resides is irrelevant. Presumably, the Agency reviewed the information

prior to filing Mr. Koerber's testimony in Docket R07-18, but whether it did or not is a function

of the Agency's care in developing rulemakings. Regardless of the degree of care it uses, the

Agency must stand by what it submits. That same testimony was merely electronically

transferred to Docket R07-19 when the Board bifurcated the rulemaking on May 17,2007. The

Agency's lack of physical possession of the information, particularly considering the manner in

which such information is typically conveyed,

see the Pipeline Consortium's Supplement to

Motion for Reconsideration, p. 2, should not hinder its ability to provide

-

or to have its expert

provide

-

the information requested.

14.

The Agency also suggests that it has no control over LADCO. That is just

patently false. LADCO is a not-for-profit consortium of the Lake Michigan Air Directors

-

meaning the air directors in the state environmental protection agencies of Illinois, Indiana,

Michigan, Wisconsin, and now Ohio at least for some, if not all, purposes. LADCO is funded by

the member states

and through other public moneys, and it takes direction from the air directors

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

11. ARGUMENT

10.

The Agency argues that it was not allowed the opportunity to file a timely

response to the Pipeline Consortium's Motion for Production of Information. Agency's Motion

for Reconsideration ("Mot."), p.

3.

However, the Agency had already told the Hearing Officer

and counsel for the Pipeline Consortium that it intended to provide the information and that it

"hope[dIw to do so within 10-14 days.6

1 1.

Given the information that had already been provided to the Hearing Officer by

the Agency, the Hearing Officer appropriately applied the provisions of

35 111.Adm.Code

$

101.500(d), which states in part, "Unless undue delay or material prejudice would result, neither

the Board nor the hearing officer will grant any motion before expiration of the 14 day response

period except in deadline driven proceedings where no waiver has been filed." (Emphasis

added.) This provision allows the Board and hearing officers to grant motions prior to the

expiration of the 14-day period. The Agency represented both in writing and orally before the

Hearing Officer that it was "working

on" providing the Pipeline Consortium with the requested

information and that it

"hope[d]" to provide it to the Pipeline Consortium within 10-14 days

from the date of the Pipeline consortium's request. The Agency expressed no objection to

providing the information to what was eventually stylized as a motion. The Hearing Officer

treated the Motion for Production of Information as uncontested, apparently based upon the prior

representations of the Agency, which could reasonably have led him to believe that the motion

was uncontested.

See Exhibits 2 and

3.

Cf

Exhibit

3.

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

comprising the consortium. To the extent that Illinois is a member of the consortium and to the

extent that LADCO is serving as an expert for the Agency in this rulemaking, the Agency has

control over LADCO.

15.

The Agency argues that the Motion for Production of Information was premature,

apparently because the Agency is not required to file its testimony in this rulemaking until

August 27,2007. This argument is just disingenuous. As noted above, the Agency has never

withdrawn Mr. Koerber's testimony in this

d~cket.~

The Agency's attempt to disavow that

testimony in R07-19 because it did not file the testimony under that docket ignores the record

that has been created in R07-19. See Mot., p. 5, fn. 2. To carry the Agency's argument here to

the logical extreme, the Agency could disavow the entirety of the proposal in R07-19 because the

Agency itself did not separately file the Agency's documents contained in the record under that

particular docket number. The Agency relied on Mr. Koerber's testimony in the first instance of

its submittal of its proposal to the Board. It is not premature or otherwise out of bounds for the

Pipeline Consortium or any other participant in this rulemaking to request this information now.

16.

The Agency states that it is currently considering the extent to which its original

submittal is relevant.' Mot. p. 5. The information was relevant at the time that the Pipeline

Consortium requested it because the Agency had not withdrawn Mr. Koerber's testimony. To

date, the Agency has not withdrawn Mr. Koerber's testimony. The information continues to be

relevant. Moreover, aside

from the Agency's reliance on Mr. Koerber's testimony, the

information is relevant to the affirmative case that the Pipeline Consortium is considering

'

See, Exhibit 4.

We must note that if the Agency does not believe that its original proposal was relevant

or sufficiently supported now, obviously it was not relevant or sufficiently supported when it was

submitted.

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

presenting in this matter. It is not unreasonable for the Agency and LADCO to provide the

Pipeline Consortium with this information.

17.

To sum up, the Motion for Reconsideration appears to renege on the Agency's

previous representations in that the Agency now implies that it should not have to provide the

information. If, however, all that the Agency in fact requires is additional time to produce the

information requested, the Pipeline Consortium is open to a reasonable extension of time,

although we do not believe it is necessary.

WHEREFORE, for the reasons set forth above, the Pipeline Consortium requests that the

Hearing Officer not grant the Agency its Motion for Reconsideration or amend his Order of July

1 1,2007.

Respectfully submitted,

ANR PIPELINE COMPANY, NATURAL GAS

PIPELINE COMPANY, TRUNKLINE GAS

COMPANY, and PANHANDLE EASTERN PIPELINE

COMPANY

by:

Dated: July 13,2007

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

STATE OF ILLINOIS

)

)

ss

COOK COUNTY

1

AFFIDAVIT OF KATHLEEN C. BASSI

I, Kathleen C. Bassi, upon my oath, hereby state as follows:

1.

I am an attorney employed by Schiff

Hardin LLP representing the members of the

Pipeline Consortium, enumerated in the attached Response to Motion for Reconsideration, in the

rulemaking docketed as R07-19. The Pipeline Consortium are participants in this rulemaking.

2.

I was previously employed by the Illinois Environmental Protection Agency,

continuously

from September 1985 through May 2001 with the exception of one year.

3.

During part of the time that I was employed at the Illinois Environmental

Protection Agency, from 1995 through May 2001, I was assigned to the Bureau

Chiefs Office of

the Bureau of Air, where I performed various duties and assignments, many of which concerned

the development of regulatory proposals. I also was involved in the Bureau's relationship with

other agencies, including the Lake Michigan Air Director's Consortium ("LADCO"), the U.S.

Environmental Protection Agency, and other states' environmental protection agencies.

4.

As part of my duties in the Bureau

Chiefs Office, I became familiar with the

official relationship between the Illinois Environmental Protection Agency and LADCO,

including participating in the revision of its by-laws to include the State of Ohio and to expand

the scope of

LADCO's interest or investigation to include fine particulate matter.

5.

I have drafted the Pipeline Consortium's Response to the Agency's Motion for

Reconsideration dated July 13,2007, filed with the Board on that same date.

6.

To the best of my knowledge, the factual information and representations

contained therein are true and correct.

FURTHER AFFIANT SAYETH NOT.

Kathleen C. Bassi

Subscribed and sworn to before me

this 13" day of July, 2007.

t

Notary Public

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

Bassi, Kathleen C.

From:

Bassi, Kathleen C.

Sent:

Tuesday, June 26,2007 12:ll PM

To:

Cc:

Subject:

'John ~'im'; Rachel Doctors

More, Joshua; Cipriano, Renee; Bassi, Kathleen C.

; Board Hearing Officer Tim Fox;

Bonebrake, Steve J.; Cipriano, Renee; DNR

- Virginia Yang; DNR - William Richardson; IEPA

- John Kim; IEPA - Rachel Doctors; IERG - Gale Newton; IERG - Katherine D. Hodge; IERG -

LaDonna Driver; More, Joshua

R07-19

- Request for Data

John and Rachel:

We would like underlying information relative to Mike Koerber's testimony prefiled in

Ro7-18 and

moved over to

Roy-19. At least a part of this information is what I had informed you that our

consultant, Dennis

McNally at Alpine Geophysics, was talking with Kirk Baker about. I understand

from Dennis that Mike has said that requests must now go through the lawyers. Our request is as

follows:

The following data related to the BaseK OSAT/PSAT simulations summarized in Mike

Koerber's powerpoint presentation that accompanied his testimony.

1. CAW Run scripts for simulation K2012R4S 1 a-APCA-nopig 2. OSAT Source region

maps for simulation

K2012R4S 1 a-APCA-nopig

3.

CAMx emissions files for

simulation

K2 0 1 2R4S 1 a-APCA-nopig 4. CAMx model outputs for simulation

K2012R4S 1 a-APCA-nopig

5. CAMk Run scripts for the PSAT simulations of K2012R4Sla 6. PSAT Source region

maps for simulations of

K2012R4Sla 7. CAMx emissions files for PSAT simulations

of

K2012R4Sla 8. CAMx model outputs for simulation K2012R4Sla

Basically, we would like the run scripts, source region maps, emissions files, and

CAMx

outputs for

the OSAT and PSAT simulations presented in the

Powerpoint exhibit.

Because this request is connected with a pending

rulemaking, it seems that going through FOIA

should not be necessary. However, if your preference is that we use FOIA, we can. If you have

questions, please call, but

I would like to have Dennis and, if possible, Rob Kaleel or Mike Koerber on

the line to ensure that we all understand what we're

asking for.

Thanks.

Kathleen

Kathleen

C.

Bassi

Schiff Hardin

LLP

6600

Sears Tower

233

South Wacker Drive

Chicago, Illinois

60606

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

312-258-5567 fax: 312-258-5600

kbassiaschiffhardin .corn

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

Bassi, Kathleen C.

From:

Rachel Doctors [Rachel. Doctors@illinois.gov]

Sent:

Wednesday, June 27,2007 157 PM

To:

Bassi, Kathleen

C.

Cc:

Subject:

John Kim

Re: R07-19

- Request for Data

We are working on your request. You do not need to send a FOIA request, but a letter to

memorialize the request would be helpful.

>>>

"Bassi, Kathleen C." <KBassi@schiffhardin.com> 6/26/2007 12: 10 PM

>>>

John and Rachel:

We would like underlying information relative to Mike Koerber's testimony prefiled in

R07-18 and moved over to R07-19. At least a part of this information is what

I had

informed you that our consultant, Dennis

McNally at Alpine Geophysics, was talking with

Kirk Baker about.

I understand from Dennis that

Mke has said that requests must now go through the

lawyers. Our request is as follows:

The following data related to the

BaseK OSAT/PSAT simulations summarized in

Mike Koerber's powerpoint presentation that accompanied his testimony.

1. CAMx Run scripts for simulation

K2012R4S la-APCA-nopig 2. OSAT Source region maps for simulation

K2012R4S 1 a-APCA-nopig

3.

CAMx emissions files for simulation K20 1 2R4S 1 a-APCA-nopig

4. CAMx model outputs for simulation K2012R4S 1 a-APCA-nopig

5. CAMx Run scripts for the PSAT simulations of K2012R4Sl a 6. PSAT Source

region maps for simulations of

K2012R4Sla 7.

CAMk emissions files for PSAT simulations of K2012R4S 1 a 8. CAMx model outputs for

simulation

K2012R4S 1 a

Basically, we would like the run scripts, source region maps, emissions files, and CAMx

outputs for the OSAT and PSAT simulations presented in the

Powerpoint exhibit.

Because this request is connected with a pending rulemaking, it seems that going through

FOIA should not be necessary. However,

if your preference is that we use FOIA, we can. If

you have questions, please call, but I would like to have Dennis and, if possible, Rob Kaleel

or Mike Koerber on the line to ensure that we all understand what we're asking for.

Thanks.

Kathleen

Kathleen

C. Bassi

Schiff Hardin LLP

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

6600 Sears Tower

233 South Wacker Drive

Chicago, Illinois 60606

312-258-5567

fax: 312-258-5600

kbassi@schiffhardin.com

...................................................................

Tax Matters: To the extent this message or any attachment concerns tax matters, it is not

intended or written to be used, and cannot be used by a taxpayer, for the purpose of

avoiding penalties that may be imposed on the taxpayer under law.

...................................................................

This message and any attachments may contain confidential information protected by the

attorney-client or other privilege.

If you believe that it has been sent to you in error, please reply to the sender that you

received the message

in error. Then delete it. Thank you.

...................................................................

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

Bassi, Kathleen C.

From:

Rachel Doctors [Rachel.Doctors@illinois.gov]

Sent:

Wednesday, June

27,2007 2:01

PM

To:

Bassi, Kathleen C.

Subject:

RE:

R07-19

- Request for Data

please provide an address for McNally. Hopefully within 10-14 days because of the holiday.

>>>

"Bassi, Kathleen C." <KBassi@schiffhardin.com> 6/27/2007 159 PM

>>>

Okay, but it dl say the same thmg. What's your timeframe for getting this material to us,

do you think? And

I presume it will come through LADCO, right? It should be delivered

directly to Dennis McNally, and

M&e has his contact information. I'll put all this in the letter

as well.

Kathleen

C. Bassi

Schiff

Hardin LLP

6600 Sears Tower

23 3 South Wacker Drive

Chicago, Illinois 60606

312-258-5567 fax: 312-258-5600

kbassi@schiffhardin.com

-----Original Message-----

From: Rachel Doctors

[ma~.lto:Rachel.Doctors@illinois.gov]

Sent: Wednesday, June 27, 2007 157 PM

To: Bassi, Kathleen

C.

Cc: John Kim

Subject: Re: R07-19

-

Request for Data

We are

working on your request. You do not need to send a FOIA request, but a letter to

memorialize the request would be helpful.

>>>

"Bassi, Kathleen C." <KBassi@schiffhardin.com> 6/2 6/2 007 12: 10 PM

>>>

John and Rachel:

We would like underlying information relative to Mike Koerber's testimony prefiled in

R07-18 and moved over to R07-19. At least a part of this information is what

I had

informed you that our consultant, Dennis McNally at Alpine Geophysics, was

talking with

Kirk Baker about.

I understand from Dennis that Mike has said that requests must now go through the

lawyers. Our request is as follows:

The following data related to the

BaseK OSAT/PSAT simulations summarized in

Mike Koerber's powerpoint presentation that accompanied

hs testimony.

1.

CAMx Run scripts for simulation

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

K2012R4S 1 a-APCA-nopig 2. OSAT Source region maps for simulation

K2012R4S 1 a-APCA-nopig 3. CAMx emissions files for simulation K2012R4S 1 a-APCA-nopig

4. CAMx model outputs for simulation K2012R4S 1 a-APCA-nopig

5. CAMx Run scripts for the PSAT simulations of K2012R4Sla 6. PSAT Source

region maps for simulations of

K2012R4S 1 a 7.

CAMx emissions files for PSAT simulations of

K2012R4Sla 8. CAMx model outputs for

simulation

K2012R4S 1 a

Basically, we would like the run scripts, source region maps, emissions files, and

CAM

outputs for the OSAT and PSAT simulations presented in the Powerpoint exhibit.

Because this request is connected with a pending

rulemakmg, it seems that going through

FOIA should not be necessary. However, if your preference is that we use FOIA, we can. If

you have questions, please call, but I would like to have Dennis and, if possible, Rob

Kaleel

or Mike Koerber on the line to ensure that we all understand what we're asking for.

Thanks.

Kathleen

Kathleen C. Bassi

Schiff

Hardin LLP

6600 Sears Tower

233 South Wacker Drive

Chcago, Illinois 60606

312-258-5567

fax: 312-258

kbassi@schiffhardin.com

Tax Matters: To the extent this message or any attachment concerns tax matters, it is not

intended or written to be used, and cannot be used by a taxpayer, for the purpose of

avoiding penalties that may be imposed on the taxpayer under law.

...................................................................

This message and any attachments may contain confidential information protected by the

attorney-client or other privilege.

If you believe that it has been sent to you in error, please reply to the sender that you

received the message in error. Then delete it. Thank you.

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

View Case Details

Page 1 of 8

EXHIBIT

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Case No:

R2007-019

Case Name:

In the Matter of : Section 27 Propos,

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Rules for Nitrogen Oxide (NOx) ~mir

From Stationary Reciprocating Inter1

Combustion Engines and Turbines:

Amendments to 35

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211 and 217

Board Member:

Moore, A.S.

Hearing Officer:

Fox, T.

Status:

Board Order

Date

Activity Type

Activity Nates

Agency Motion for Reconsideration of the

7/12/2007

Motion

Hearing Officer Order; Affidavit of Robert

View

Kaleel (electronic filing)

7/11/2007

Motion

Agency's Motion for Leave to File Reply by

View

Date Certain (electronic filing)

___I

*Hearing Officer Order: On Friday, June 29,

2007, Pipeline Consortium filed motion for

production of information, requested date be

conveyed specific ways through various

media, Consortium filed supplement to

7/11/2007

Hearing Officer

motion; Agency has filed no response;

View

order/Correspondence Agency directed to supply modeling data

_1__11

requested in motion and supplement

through method described in the

supplement, must supply data no later than

Monday, July 16, 2007

Agency's Motion for Leave to Supplement

7/9/2007

Motion

and Supplement to Motion for

View

Reconsideration; Motion for Waiver of

Procedural Requirements

7/6/2007

Motion

The Pipeline Consortium's response to the

Agency's motion for reconsideration

________P_

Supplement to the Pipeline Consortium's

7/3/2007

Motion

Motion for Production of Information

11111111111

View

(electronic filing)

Motion

Pipeline Consortium's Motion for Production

View

of Information (electronic filing)

-

Agency Motion for Reconsideration;

6/25/2007

Motion

Appearance

filing)

of Robb H. Layman (electronic

-

View

"Hearing Officer Order: Board to conduct

two hearings: September 18 through

September 28, 2007 in Springfield AND

View

November 5 through November 16, 2007 in

------

Chicago; pre-filed testimony for the first

Hearing Officer

hearing filed by August 27, 2007 and pre-

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

View Case Details

Page 2

of 8

Order/Correspondence field questions based on the testimony by

September 10, 2007; for the second hearing

prefile testimony filed by October 15,

2007,

with questions based on the pre-filed

testimony due by October 29, 2007;

MAILBOX RULE DOES NOT APPLY

*Notice of Hearings: Scheduled September

18, 2007 through September 28, 2007 or

until complete at

9:00 am at IEPA Office

Building, Training Room 1214 West, 1021 N.

Grand Avenue East, North Entrance AND

6/15/2007

Hearing Officer

November 5, 2007 through November 9,

View

order/Correspondence 2007 or until complete at 9:00 am at James

1111111

R. Thompson Center, Room 2-025, 100 W.

Randolph Street, Chicago, IL (Monday only)

but continuing in the same building in Room

11-512 for the balance of the hearing

*Letter from Illinois Department of

6/11/2007

Other

Commerce and Economic Opportunity

-

declines to conduct a study of economic

impact of proposed amendments

*JCAR1s First Notice Version for use in

6/5/2007

JCAR

creating Second Notice Changes for Parts

211 and 217

6/5/2007

JCAR

*JCAR Request for Analysis of Economic and

Budgetary Effects of this Rulemaking

*Notice of publication; Published in

Ill. Reg.

6/5/2007

Sec. of State

Vol. 31 Issue 23, p 7683, 7702 on June 8,

2007

*Letter of May 23,

2007from Acting

Chairman Girard to Jack Lavin, Director,

5/25/2007

Other

Department of Commerce and Economic

____I__

View

Opportunity requesting an economic impact

study concerning this rulemaking

5/17/2007

Order

Order of the Board by A. S. Moore:

__lll_

Vi ew

Agency's Prefiled Testimony of Robert

5/11/2007 Prefiled Testimony

Kaleel, Yoginder Mahajan, Scott Leopold,

-

View

and Michael Koerber

511 1/2007

JCAR

*JCAR Request for Analysis of Economic and

View

Budgetary Effects of this Rulemaking

-

*Notice of publication; Published in Ill. Reg.

5/9/2007

Sec. of State

Vol. 31 Issue 18, p 6578, 6597 on May

4,

2007

Withdrawal of Appearance of Elizabeth

A.

5/8/2007

Withdrawal Of

~eifel for pipeline Consortium (electronic

View

Appearance

filing)

-

Reply to Response to Objection to Use of

Section 28.5 "Fast -Trackw Rulemaking for

5/8/2007

Response to Motion the Illinois Environmental Protection

lllXllll

View

Agency's Proposed Rules; Affidavit of

Deirdre K.

H irner (electronic filing)

Reply to the Illinois Environmental

Protection Agency's Responses to Objections

5/8/2007

Response to Motion to the Use of Section 28.5 Fast-Track

View

Procedures in This Matter; Appearances of

-

Kathleen C. Bassi, Stephen J. Bonebrake,

Renee Cipriano, and Joshua R. More for ANR

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

View Case Details

Page

3

of 8

Pipeline Company, Kinder Morgan, Inc.,

Trunkline Gas Company and Panhandle

Eastern Company

(electronic filing)

*Letter from Acting Chairman Girard to Jack

Lavin, Director, Department of Commerce

Other

and Economic Opportunity requesting an

-

Vie&

economic impact study concerning this

rulemaki ng

Agency Response to the Illinois

Environmental Regulatory Group's Objection

to Use of Section 28.5 Fast Track Procedures

VieN

5/1/2007

Response to Motion for Consideration of Nitrogen Oxide

1_________1

Proposal; Affidavit of ~obert Kaleel

(electronic filing)

Agency Response to the Pipeline

Consortium's Objection to Use of Section

5/1/2007 Response to Motion 28.5 Fast Track Procedures for

I

Vie&

Consideration of Nitrogen Oxide Proposal;

Affidavit of Robert

Kaleel (electronic filing)

*Notice of Hearings: Hearing scheduled for

Monday, May 21, 2007, at

9:00 am at IEPA

Office Building, North Entrance, Training

Room, 1214 West, 1021 North Grand

Avenue East, Springfield, IL continuing on

through Friday, June

1, 2007 except for

Monday, May 28, 2007 (Memorial Day) until

business is complete AND Tuesday, June 19,

2007, at

10:OO am at Michael A. Bilandic

Building, Auditorium, Room C-500, Fifth

Floor, 160 N.

LaSalle Street, Chicago, IL,

continuing on until business is complete or

through Friday, June 22, 2007, AND

resuming, if necessary, at

10:OO am at

James R. Thompson Center, Room 9-031,

100 West Randolph Street, Chicago, IL

continuing on until business is complete AND

IF NECESSARY, at

1:00 pm on Monday, July

2, 2007 at IEPA Office Building, North

4/20/2007

Hearing Officer

Entrance, Training Room, 1214 West, 1021

Vie&

order/Correspondence North Grand Avenue East, Springfield, IL

-----

continuing on until business is complete

(except for the State Holiday on Wednesday

July 4,

2007) . . . . . . . . . . . ******************Hearing

Officer Order: On April 19, 2007, Board

stated that until it rules on pending

objections,

it will proceed under

requirements of Section 28.5 of the Act,

objections must be filed by May

1, 2007,

mailbox rule does not apply, Board directed

objectors must reply to responses by May

8,

2007, mailbox rule does not apply; prefiled

testimony for first hearing must be served

by May 6, 2007, and must be submitted by

May

11, 2007; prefi led testimony for second

hearing must be served by June

3, 2007,

and must be submitted by June 8, 2007;

prefiled testimony for third hearing must be

served by June 17, 2007, and must be

http://www.ipcb. state. il.us/cool/external/CaseView2 .asp?referer=coolsearch&case=OO7-.

. .

71 1 312007

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

View Case Details

Page

4 of 8

submitted by June 22, 2007; for service of

prefiled testimony on Board for any of the

three hearings, mailbox rule noes not apply.

Opinion and Order of the Board by A.S.

Moore: The Board accepted for hearing and

ordered first notice publication of the Illinois

Environmental Protection Agency's (IEPA)

proposal to amend the Board's air pollution

control regulations, specifically to satisfy

Illinois' obligations under the Unites States

Environmental Protection Agency's nitrogen

4/19/2007 Opinion and Order

oxides

(NOx) State Implementation Plan Call

-

Vim

Phase 11; Board granted the IEPA's motion

for waiver of copy requirements and waived

the requirement to file nine copies of the

materials; No action was taken on the

separate objections filed by the Pipeline

Consortium and the Illinois Environmental

Regulatory Group on April

16 and 17, 2007;

responses are due by May 8, 2007

4/17/2007

Appearance

Appearance of

. LaDonna Driver (electronic

Viem

filing)

IIIIIxII.

Appearance of . Katherine D. Hodge;

4/17/2007

Appearance

Appearance of Gale

W.

Newton (electronic ___l___l

View

filing)

Illinois Environmental Regulatory Group's

Objection to Use of Section 28.5 "Fast

Motion

Track" Rulemaking for the Illinois

View

Rules;

Environmental

Affidavit

Protection

of Deirdre

Agency's

K. Hirner

Proposed

-

(electronic filing)

The Pipeline Consortium's Objection to Use

of Section 28.5 Fast Track Procedures for

Motion

Consideration of Nitrogen Oxide Proposal as

41_..__1

Vieb

Filed; Appearance of Elizabeth A. Leifel

(electronic filing)

Agency Regulatory Proposal; Motion for

Acceptance; Proposed Amendments to;

Technical Support Document; Appearance of

4/6/2007

Rachel L. Doctors (Due to the volume of this

Initial Filing

filing, the exhibits are not included in the

-

viewable file. You may contact the Clerk's

Office at

3121814-3629 to view or purchase

a COPY)

Total number of activity entric

Service kist

[

Print Service List

"J

[Tap of

Paey Name

Address

City

4%

State Phone

Illinois Environmental Protection

1021 North Grand Avenue Springfield

217/r

Agency

East

IL 62794-

55L

Petitioner

P.O. Box 19276

9276

21711

98C

Rachel L. Doctors

Robb H. Layman

Hodqe Dwver Zeman

Interested Party

3150 Roland Avenue

Springfield

217/!

Post Office Box 5776

IL 62705-

49C

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

View Case Details

Katherine D. Hodge

Page 5 of 8

49L

N. LaDonna Driver

Gale W. Newton

2171:

Illinois Environmental Regulatory

3150 Roland Avenue

Springfield

49L

Group

IL 62703

21715

Interested Party

49L

N.

Ladonna Driver

Schiff

Hardin, LLP

Interested Party

Chicago

3

1212

6600 Sears Tower

IL 60606-

55C

233 South Wacker Drive

6473

31212

56C

Renee Cipriano

Kathleen C. Bassi

Joshua R. More

Stephen J. Bonebrake

Total number of

participanl

Notice

List

[

Print Notice List 1

[Tog, of Page]

Parlry Name

Address

City

&

State

Phane

30916

Caterpillar Inc.

100 N.E. Adams Street

Peoria

41C

Interested Party

IL 61629

309/€

58€

Bill Compton, Environmental Affairs

21715

Chemical Industry Council of 400 West Monroe

Springfield

Illinois

58C

Suite 205

IL 62704

21712

Interested Party

581

Mark A.

Biel

Peoples Eneray

Interested Party

130 East Randolph Drive

Chicago

IL 60601

Mike Jouras

Ameren

Enersy Generating

1901 Chouteau Avenue

St. Louis

31415

Co.

Interested Party

MO 63103

206

Robert LaPlaca

Panhandle Eastern Pipe Line 5444 Westheimer 77056-5388

Houston

Company

Box 1642

TX 77251-

Interested Party

1642

Marc Phillips

Exxon Mobile Oil Corporation

Channahon

1-55

& Arsenal Road East ,

IL 60410

81515

775

Interested Party

Bob Elvert

Brad Kohlmeyer

Illinois Municipal Electric

Agency

919 South Spring St.

Interested Party

Kevin Wagner

NICOR, Inc.

Interested Party

Nancy Huston

1844 Ferry Road

Springfield

IL 62704

Napervi

lle

IL 60563

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

View Case Details

Page

6 of 8

Illinois Department of

Springfield

Natural Resources

One Natural Resources Way

IL 62702-

Interested Party

1271

William Richardson, Chief Legal Counsel

Environmental Law

& Policy

35 Em Wacker

Center

Interested Party

Suite 1300

Chicago

IL 60601

Albert Ettinger, Senior Staff Attorney

Rolling

1701 Golf Road, Suite 1000

Meadows

IL 60008

URS Corp.

Interested Party

Michael Ander, Environmenatl Scientist

Sonnenschein Nath

&

Rosenthal LLP

8000 Sears Tower

Interested Party

Elizabeth A. Leifel

Chicago

IL 60606

Sierra Club

122 W. Washington Avenue

Madison

Interested Party

Suite 830

WI 53703

Bruce

Nilles, Attorney

ADM

Interested Party

1001 Brush College Road

Decatur

IL 62526

Pat Dennis

Illinois Petroleum Council

400 W. Monroe

Interested Party

Springfield

IL 62704

Ron Carooni

Stateside Associates

Interested Party

Arlington

2300 Clarendon Blvd,

4th floor

VA 22201

Rima Idzelis

Illinois Environmental

1021 North Grand Avenue East, Springfield

Protection

Aaency

P.O. Box 19276

I1 62794

Interested Party

Gary Beckstead

Bob

Kaleel

Jim Ross

Rachel Doctors

Shannon Bilbruck

Mostardi Platt Environmental

Oak Brook

1520 Kensington Rd. Suite 204

IL 60523

Complainant

Tom Hiebart

United States Steel

Interested Party

Granite City

IL 62040

1951 State Street

Larry Siebenberger

Northern Natural Gas

Interested Party

Omaha

1111 South 103rd Street

NE 68124

Greg

Ammen

Kinder Moraan

Interested Party

Lakewood

CO 80228

370 Van Gordon Street

Lisa Carty

Dirk

Cockran

Northern Border Company

Omaha

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

View Case Details

Page

7 of 8

Interested Party

13710 FNB Parkway

NE 68154

74E

Ruth Jensen

ANR Pipeline Company

Interested Party

Houston

TX 77001-

2511

PO Box 251

1

Manish Singh

Morris Coqeneration LLC

8805 Tabler Road

Interested Party

Morris

IL 60450

Steve Szobar

City Water Liqht and Power

800 East Monroe

Interested Party

Springfield

IL 62757

P.S. Becker

J.

Willmore

Thelen Land & Gravel

Interested Party

Antioch

28955 West Illinois Route 173

IL 60002

Chad Broge

Royster-Clark Nitroqen

Interested Party

16675 US Highway 20 W

East Dubuque

815-7

IL 61025

31C

Susan

VonStein

IES Inc.

Interested Party

18363 Meander Drive

Grayslake

IL 60030

James

McCarthy

University of Illinois

Interested Party

1501 S. Oak Street

Betsy Liggett

University

of Illinois at

Chicaso

1100 Sourth Morgan

Interested Party

Chicago

3

1215

IL 60607

715

Ann Nguyen

Maryland

2320 Creve Coeur Mill Road

Heights

31412

MO 63043

007

Fred Weber, Inc.

Interested Party

Genevieve Bodnar

Ted

Bestor

Interested Party

1001 Louisiana Street

Houston

TX 77002

Total number of participani

Scheduled Hearings

[Tap of

Page]

Date

/

Time

Eo&'ation

City

&

November

2007

16'

James R. Thompson Center, Room 11-512 (IPCB

Chicag,

9:00:00 AM

Conference Room)

November 15' James R. Thompson Center, Room 11-512 (IPCB Chicag,

2007

9:00:00 AM

Conference Room)

November 14' James R. Thompson Center, Room 11-512 (IPCB Chicag,

2007

9:00:00 AM

Conference Room)

November 13'

James R. Thompson Center, Room 11-512 (IPCB

2007

9:00:00 AM

Conference Room)

November

James R. Thompson Center, Room 2-025

2007

Chicagc

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

View Case Details

Page

8 of 8

Thursday, November 08,

2007

James R. Thompson Center, Room 2-025

Chicagc

9:00:00 AM

Wednesday, November 07,

2007

James R. Thompson Center, Room 2-025

Chicagc

9:00:00 AM

Tuesday, November

06,

2007

James R. Thompson Center, Room 2-025

Chicagc

9:00:00 AM

Monday, November 05,

2007

James R. Thompson Center, Room 2-025

Chicagc

9:00:00 AM

Friday, September 28,

2007

Springf

IEPA Office Building, Training Room 1214 West

IL

9:00:00 AM

Thursday, September

27,

2007

Springf

IEPA Office Building, Training Room 1214 West

IL

9:00:00 AM

Wednesday, September

26, 2007

Springf

IEPA Office Building, Training Room 1214 West

IL

9:00:00 AM

Tuesday, September 25,

2007

IEPA Office Building, Training Room 1214 West

Sprinfit

9:00:00 AM

Monday, September 24,

2007

Springf

IEPA Office Building, Training Room 1214 West

IL

9:00:00 AM

Thursday, September 20,

2007

Springf

IEPA Office Building, Training Room 1214 West

IL

9:00:00 AM

Wednesday, September

19, 2007

Springf

IEPA Office Building, Training Room 1214 West

IL

9:00:00 AM

Tuesday, September

18,

2007

Springf

IEPA Office Building, Training Room 1214 West

IL

9:00:00 AM

Total number of

hearins

Appeals an

File

[Tap aF

Page]

No Appeals Currently On File

Copyright

62

2005

Board Site M~D Illinois Privacy Information

1

Kids Privacy I Web Accessibility

I Board

IPCB

Webmaster

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

)

FAST-TRACK RULES UNDER

)

R07-18

NITROGEN OXIDE

(NOx) SIP CALL:

)

(Rulemaking

-

Air)

AMENDMENTS TO

35 ILL.

)

ADM. CODE SECTION 201.146,

)

AND PARTS 211

AND

217

)

NOTICE

TO:

Dorothy Gunn, Clerk

Illinois Pollution Control Board

State of Illinois Center

100 West Randolph, Suite

1 1-500

Chicago, Illinois 6060

1

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, MOTION TO AMEND

TESTIMONY, AND AMENDED TESTIMONY OF ROBERT

KALEEL AND YOGINDER

MAHAJAN of the Illinois Environmental Protection Agency a copy of which is herewith served

upon you.

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY

By:

Is/ Rachel L. Doctors

Rachel L. Doctors

Assistant Counsel

Division of Legal Counsel

DATED: May 18,2007

P.O. Box 19276

Springfield, Illinois 62794-9276

21 71782-5544

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

)

FAST-TRACK RULES UNDER

)

R07-18

NITROGEN OXIDE

(NO,) SIP CALL:

)

(Rulemaking

-

AMENDMENTS TO

ADM. CODE SECTION 201.146,

)

)

AND PARTS 211 AND 217

)

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 10 1.500 and 102.402, hereby requests

that the Illinois Pollution Control Board (Board) grant the Illinois EPA leave to withdraw the

testimony of 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 20 1.146, and Parts 2 1 1 and 2 17," the Hearing Officer entered an order

scheduling hearings and dates for prefiling testimony. The first hearing is scheduled for May 21,

2007, with service by the Illinois EPA of

prefiled testimony required by May 11,2007.

2.

Since the filing of the Illinois

EPA's testimony on May 1 lth, the Board ruled on

the Opponents' Objections to the use of fast-track rulemaking procedures for the Illinois

EPA's

above proposal and entered an order bifurcating the rulemaking into two dockets. The order

included the acknowledgement that the hearing scheduled for Monday, May 2 1,2007, would

concern only engines affected by the

NOx SIP Call Phase I1 requirements. This significantly

narrowed the scope of the hearing scheduled for May 2 1 on R07- 1

8.

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

Electronic Filing, Received, Clerk's Office, May 18, 2007

3.

The testimony of Michael Koerber and Scott Leopold is outside of the narrow

scope of R07-18, and consequently will more appropriately be addressed under the new docket

R07-19, as portions of the testimony concerned issues besides the control of large engines as

required by the

NOx SIP Call Phase 11. The Illinois EPA is requesting that the testimony of

Michael Koerber and Scott Leopold be withdrawn.

4.

Although the timing of this request is quite short, only one business day before

the scheduled hearing, withdrawal of this testimony was not justified until issuance of the

Board's Order to bifurcate the original proposed rulemaking. Further, it is commensurate with

the narrow scope of the rulemaking and will facilitate a hearing more focused on the relevant

issues. It will also conserve scarce resources, as the Illinois EPA will no longer be required to

produce a witness not located in Springfield or a witness not normally scheduled to work on the

hearing date.

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:

Is1 Rachel L. Doctors

Rachel L. Doctors

Assistant Counsel

Division of Legal Counsel

DATED: May 18,2007

P.O. Box 19276

Springfield, Illinois 62794-9276

2 171782-5544

2 171782-9 143(TDD)

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

1

FAST-TRACK RULES UNDER

1

R07-18

NITROGEN OXIDE (NO,) SIP CALL:

)

(Rulemaking

-

Air)

AMENDMENTS TO

35 ILL.

1

ADM. CODE SECTION 201.146,

)

AND PARTS 211 AND 217

)

MOTION TO AMEND 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 grant the Illinois EPA leave to amend the testimony of

Robert

Kaleel and Yoginder Mahajan. 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 2 1 1 and 2 17," the Hearing Officer entered an

order scheduling hearings and dates for prefiling testimony. The first hearing is scheduled for

May 2 1, 2007, with service by the Illinois EPA of prefiled testimony required by May 1 1,2007.

2.

Since the filing of the Illinois EPA's testimony on May 1 lth, the Board ruled on

the Opponents' Objections to the use of fast-track rulemaking procedures for the Illinois

EPA's

above proposal and entered an order bifurcating the rulemaking into two dockets. The order

included the acknowledgement that the hearing scheduled for Monday, May 2 1,2007, would

concern only engines affected by the

NOx SIP Call Phase I1 requirements. This significantly

narrowed the scope of the hearing scheduled for May

2 1'' on R07- 18.

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

Electronic Filing, Received, Clerk's Office, May 18, 2007

3.

The testimony of Robert Kaleel and Yoginder Mahajan contained information that

is now outside of the narrow scope of R07-18, and consequently will more appropriately be

addressed under the new docket R07-19, as portions of the testimony concerned issues besides

the control of large engines as required by the

NOx SIP Call Phase 11. The Illinois EPA is

requesting that it may be allowed to file amended testimony for Robert

Kaleel and Yoginder

Mahajan addressing the more limited scope of Monday's hearing..

4.

Although the timing of this request is quite short, only one business day before

the scheduled hearing, revision of this testimony is was not justified until issuance of the Board's

order to bifurcate the original proposed rulemaking. Further, it is commensurate with the narrow

scope of the rulemaking and will facilitate a hearing more focused on the issues contained in

R07-18.

WHEREFORE, for the reasons stated above, the Illinois EPA hereby respectfully

requests that the Board grant the Illinois

EPA's Motion to File Amended Testimony.

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY

By:

Is1 Rachel L. Doctors

Rachel L. Doctors

Assistant Counsel

Division of Legal Counsel

DATED: May 18,2007

P.O. Box 19276

Springfield, Illinois 62794-9276

2

171782-5 544

2 1 71782-9 143(TDD)

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

)

STATIONARY RECIPROCATING

)

R07-18

INTERNAL COMBUSTION

)

(Rulemaking

-

Air)

ENGINES AND TURBINES:

1

AMENDMENTS TO 35 ILL.

)

ADM. CODE SECTION 201.146,

)

AND PARTS 211 AND 217

)

TESTIMONY OF ROBERT KALEEL

My name is Robert Kaleel. I am the Manager of the Air Quality Planning Section,

Division of Air Pollution Control, Bureau of Air at the Illinois Environmental Protection Agency

("Illinois EPA"), Springfield, Illinois. I have a Bachelor of Science degree in meteorology from

Northern Illinois University. I have worked at the Illinois EPA for more than twenty-six years,

and have been in my present position since 2004. Prior to that, I was the Manager of the Air

Quality Modeling Unit in the Air Quality Planning Section, a position that I held for more than

fifteen years. I have also worked as a private consultant as a specialist in air quality modeling.

As Manager of the Air Quality Planning Section, my responsibilities include oversight of staff

that provides technical support for regulatory initiatives needed to address air quality issues in

Illinois, including the regulatory proposal before the Board at this hearing. The Air Quality

Planning Section also provides technical support to the Bureau of Air's

permitting and

enforcement functions, and is responsible for maintaining the Bureau's emission inventory

system, including Annual Emission Reports.

I have been closely involved with the development

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

Electronic Filing, Received, Clerk's Office, May 18, 2007

of Illinois' State Implementation Plans to address the PM2.3 and ozone nonattainment areas in

Illinois.

The purpose of my testimony is to explain the purpose of this proposal, and to describe

the components of the proposed rule. Included in this proposal are amendments to 35

Ill. Adm.

Code Part 2 17. Adoption of the proposed rules will reduce emissions of nitrogen oxides ("NO,")

fiom certain stationary reciprocating internal combustion engines. This proposal is intended to

satism Illinois' obligations under the United States Environmental Protection Agency's

("USEPA")

NOx State Implementation Plan ("SIP") Call Phase 11.

On July 18, 1997, USEPA promulgated revised primary and secondary ozone NAAQS

that increased the averaging period for the ozone standard from 1-hour to 8-hour and lowered the

concentration for violations fiom 0.12 to 0.08 parts per million ("ppm"). It has long been

recognized that volatile organic compounds ("VOC") and

NOx are the primary precursors

responsible for the formation of ground level ozone. Illinois has two areas (greater Chicago and

Metro

East/St. Louis), consisting of 12 counties or partial counties, that were designated as

nonattainment areas for the 8-hour ozone standard. The designations were effective on June 15,

2004. The two areas in Illinois are classified as moderate nonattainment areas. Moderate

nonattainment areas are required to submit attainment demonstrations by June 15,2007,

addressing how the State will achieve the 8-hour ozone standard by the attainment date of June

15,2009, which is six years from the effective date of the nonattainment designations.

On July 18, 1997,

USEPA also added a new 24-hour and a new annual NAAQS for fine

particles, using as the indicator particles with aerodynamic diameters smaller than a nominal 2.5

micrometers, termed

PM2.3. USEPA has determined that, in addition to direct particulate matter,

that

NO,, SO2, VOCs, and ammonia are precursors to the formation of PM2.5. States are required

Page 2

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

Electronic Filing, Received, Clerk's Office, May 18, 2007

to address NOx, sulfur dioxide ("SO2"), and direct emissions of PM2,5 in their attainment plans.

USEPA has designated two areas in Illinois (greater Chicago and Metro East/St. Louis),

consisting of 12 counties or partial counties within Illinois, as not attaining the

PM2.3 standard.

The designations became effective on April 5,2005. The attainment demonstration is due April

5,2008, and the attainment date for most areas is April 5,2010. States may be granted up to a

five-year extension of the attainment date with a demonstration showing that it is impractical for

the state to attain within five years and that the state is making generally linear progress toward

attainment.

Control of

NOx SIP Call engines, as well as other sources of NO,, is an important and

necessary part of Illinois' attainment strategy for ozone and

PM2.5. The geographic region

subject to "Subpart

Q: Stationary Reciprocating Internal Combustion Engines and Turbines" is

the entire State of Illinois. Emissions of

NOx fiom stationary internal combustion engines are

not currently regulated in the State of Illinois. There are 28 existing engines that were identified

by the

NOx SIP Call that will be subject to this rule. The estimated reduction of NOx emissions

from the 28 engines identified by the NO, SIP Call is 5,422 tons per ozone season. The

NOx

SIP Call does not require any emission reductions on an annual basis.

U.S. EPA has determined that affected engines can meet the requirements of the

NOx SIP

Call through a combination of control techniques such that compliance is both technically

feasible and economically reasonable. The Illinois EPA agrees with U.S.

EPA's finding that the

control requirements of this proposal are technically feasible and economically reasonable.

The proposal being considered today is the result of an extensive stakeholder process.

Throughout the development of the

rule, the Illinois EPA has sought and received comments

fiom interested parties. The Illinois EPA held three general meetings (August 25, 2005, October

Page

3

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

Electronic Filing, Received, Clerk's Office, May 18, 2007

5, 2005, and November 14, 2005) to which owners and operators of affected units and

environmental groups were invited. At least three additional meetings were held at the request of

particular groups or companies affected by this proposal. The Illinois EPA's proposal was

amended several times in response to comments provided by stakeholders.

The Illinois EPA proposal includes separate concentration limits for rich-burn and lean-

bum engines. The proposal also allows owners and operators the option to comply with an

emissions averaging plan in lieu of meeting the specified concentration limit for each affected

unit. Units located in Illinois that commenced operation before January 1,2002, and are owned

by the same company or parent company, can in most cases be included in an averaging plan.

An averaging plan must insure that the total mass of actual

NOx emissions from all affected units

included in the emissions averaging plan must be less than the total mass of allowable

NOx

emissions for the same units. The proposal contains specific formulas for making the

calculations needed to demonstrate compliance. This option will allow owners to control units

that are most cost effective to control, and reduce or avoid control costs for units that are more

expensive to control.

According to the

NOx SIP Call, affected engines listed in Appendix G must comply by

May 1,2007. Since that date has already passed, the Illinois EPA is recommending that the

compliance date in Section 2 17.392 be amended to January 1,2008.

The Illinois

EPA's proposal provides a flexible approach for meeting the requirements

for testing and monitoring. In general, affected units must conduct a compliance test by the

applicable compliance date. Affected units that operate intermittently do not need to be tested

until after they have operated at least 876 hours in a year. Units that operate less than 876 hours

Page 4

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

Electronic Filing, Received, Clerk's Office, May 18,2007

per calendar year can be tested at the owner's or operator's choosing any time within the first

five years after the applicable compliance date.

Units listed in Appendix

G and other units included in an emissions averaging plan must

subsequently be tested once every five years. In years in which a compliance test is not

performed, the proposal requires that an inexpensive portable

NOx monitor be used annually to

verify continued compliance. For units that operate less than

876 hours per calendar year

monitoring is required only once every five years.

Page

5

Electronic Filing, Received, Clerk's Office, July 13, 2007

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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

)

PROPOSED STATIONARY

1

R07- 18

RECIPROCATING INTERNAL

)

(Rulemaking

-

Air)

COMBUSTION ENGINES

AND

)

TURBINES: AMENDMENTS TO 35 ILL.

)

ADM. CODE SECTION 201.146,

)

AND PARTS 211

AND

217

)

TESTIMONY OF YOGINDER MAHAJAN

Good Morning. My name is Yoginder Mahajan. I am employed as an Environmental

Protection Engineer in the Air Quality Planning Section in the Bureau of Air of the Illinois

Environmental Protection Agency (Illinois EPA). I have been employed in this capacity since

March 1992. Prior to my employment with the Illinois EPA I worked for various metal

fabrication industries for nine (9) years. My educational background includes a Bachelor of

Engineering Degree in Mechanical Engineering

from Bhopal University at Bhopal, India.

As part of my regular duties in the Air Quality Planning Section, I have been involved

with preparing emission estimates for various source categories used in the development of the

1990 ozone season weekday emissions inventories; evaluating control technologies applicable to

volatile organic material (VOM) emissions sources utilized in the preparation of the Rate-of-

Progress plans for the Chicago and St. Louis ozone nonattainment areas; and assisting in the

development of regulations for the control of VOM emissions from source categories included in

the Rate-of-Progress plans. Regarding the proposal before you today, I have been involved in

the development of the regulations to control nitrogen oxides

(NOx) from stationary

reciprocating internal combustion engines (RICE). I provided the list of affected sources for the

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

Electronic Filing, Received, Clerk's Office, May 18, 2007

proposal and technical feasibility of NOx controls for the Technical Support Document (TSD)

for the proposal.

Internal combustion engines are used throughout the United States to drive compressors,

pumps, electric generators and other equipment. In Illinois, a prominent use of large engines is to

drive natural gas pipeline compressors. Emissions of

NOx are the result of combustion of fuel at

high temperatures and pressures in the RICE, which cause the nitrogen and oxygen in the air that

sustains the combustion to unite and form the various oxides of nitrogen that constitute

NOx.

Today's proposal is to control NOx emissions from sources that are impacted by the NOx

SIP Call Phase 11. NOx SIP Call requires NOx emission controls on internal combustion engines

that emitted one ton or more of

NOx in 1995 summer day. The required levels of NOx

emissions controls are 82 percent NOx emissions reduction fiom natural gas-fired engines, and

90 percent NOx emission reduction fiom all other (diesel and dual fuel) internal combustion

engines.

As part of evaluation of controlling

NOx emissions from RICE, the Illinois EPA

identified several sources of guidance. The United States Environmental Protection Agency

(U.S. EPA) published an Alternative Control Techniques (ACT) document

-

NOx Emissions

from Stationary Reciprocating Internal Combustion

en~ines. Also, U.S. EPA published

Regulatow Impact Analysis for the NOx SIP Call, and Stationary Reciprocating Internal

Combustion Engines Technical Support documents for the

NOx SIP Call. Controlling Nitrogen

Oxides Under the Clean Air Act: A Menu of Option document was published by State and

Territorial Air Pollution Program

Administrators/Association of Local Air Pollution Control

Official. These documents contain detailed information on description of sources of

NOx

emissions, various techniques of controlling NOx and the costs of various controls. The Illinois

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

Electronic Filing, Received, Clerk's Office, May 18, 2007

EPA relied upon the information contained in these documents for the costs and economic

impacts for this proposal.

For RICE both combustion controls and post-combustion catalytic reduction have been

developed. For reciprocating engines,

airlfuel ratio adjustments, low emission combustion, and

prestratified charge all function by modifying the combustion zone

airlfuel ratio, thus influencing

oxygen availability and peak flame temperature. Ignition timing retard lowers the peak flame

temperature by delaying the onset of combustion. Selective catalytic reduction and non-selective

catalytic reduction are the two post-combustion control strategies that destroy

NOx once it has

been formed for reciprocating internal combustion engines.

After reviewing the U.S. EPA's

guidance documents, the Illinois EPA determined that there are cost effective NOx control

techniques available to reduce

NOx emissions fiom RICE.

The Illinois EPA identified 28 RICE impacted by the

NOx SIP Call Phase I1 that each

emitted one ton or more of

NOx in 1995 summer day. The proposed regulations will reduce NOx

emissions by 5,422 tons per ozone season from 28 RICE in 2007 ozone control season and satisfy

the U.S.

EPA's NOx SIP Call Phase I1 requirements for RICE. Attachment B to the TSD contains

list of the sources and the associated

NOx emissions reductions from each of the impacted RICE.

The Illinois EPA relied upon the economic impact analysis of the

NOx SIP call

performed by U.S. EPA. In regulatory impact analysis for the

NOx SIP Call, U.S. EPA determined

that average cost of controlling

NOx emissions in an ozone season fiom RICE at 90 percent

reduction, in the

NOx SIP Call region (including Illinois), would be $1,2 15 (1 990 dollars) per ton

of

NOx reduces. TSD at 40 and 41. However, U.S. EPA issued updated results of cost and

sensitivity analysis in the technical support document for the

NOx SIP Call. TSD Ref. 12 at 34.

The Illinois EPA reviewed this information and determined that cost of controlling natural gas-fired

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

Electronic Filing, Received, Clerk's Office, May 18,2007

RICE impacted by the

NOx

SIP call in ozone season would be $552 (1990 dollars) per ton of NOx

reduced. The cost of controlling RICE annually will be even lower than controlling RICE in the

ozone season only.

Electronic Filing, Received, Clerk's Office, July 13, 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, MOTION TO AMEND TESTIMONY,

AND AMENDED TESTIMONY OF ROBERT

WEEL AND YOGINDER

MAHAJAN 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

1 1-500

Chicago, Illinois 6060 1

SEE ATTACHED SERVICE LIST

and mailing it by first class mail

from Springfield, Illinois on May 18, 2007, with

sufficient postage affixed.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

IS/ Rachel Doctors

Rachel L. Doctors

Assistant Counsel

Air

Regulatory Unit

Division of Legal Counsel

Dated: May 18,2007

102 1 North Grand Avenue East

Springfield, Illinois 62794-9276

(2 17) 782-5544

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

R

07-18

Timothy Fox, Hearing Officer

Gale Newton

Illinois Pollution Control Board

3 150 Roland Avenue

100 West Randolph Street, Suite 1 1-500

PO Box 5776

Chicago, Illinois 60606

Springfield, Illinois 62794-9276

Virginia I. Yang, Deputy Counsel

Illinois Environmental Regulatory Group

Illinois Department of Natural Resources

N.

Ladonna Driver

One Natural Resources Way

3 150 Roland Avenue

Springfield, Illinois 62702-1 27 1

Springfield, Illinois 62703

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

3 1 5 0 Roland Avenue

PO Box 5776

Springfield, Illinois 62794-9276

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 6060

1

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

CERTIFICATE OF SERVICE

I, the undersigned, certify that on this

13" day of July, 2007, I have served electronically

the attached

PIPELINE CONSORTIUM'S RESPONSE TO THE AGENCY'S MOTION

FOR RECONSIDERATION OF HEARING OFFICER ORDER

and AFFIDAVIT OF

KATHLEEN C. BASSI

upon the following persons:

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board

James R. Thompson Center

Suite 1 1-500

100 West Randolph

Chicago, Illinois 6060 1

and electronically and by first class mail, postage affixed on Persons included on the

ATTACHED SERVICE LIST.

Renee Cipriano

Kathleen C. Bassi

Stephen J. Bonebrake

Joshua R. More

SCHIFF

HARDIN, LLP

6600 Sears Tower

233 South Wacker Drive

Chicago, Illinois 60606

3 12-258-5500

Fax: 3 12-258-5600

Electronic Filing, Received, Clerk's Office, July 13, 2007

---

(R07-19)

Timothy Fox

Hearing Officer

ILLINOIS POLLUTION CONTROL BOARD

100 West Randolph, Suite 1 1-500

Chicago, Illinois 60601

f~xt@~ipcb.state.il.us

- -

Katherine D. Hodge

N.

LaDonna Driver

Gale W. Newton

HODGE DWYER ZEMAN

3

1 50 Roland Avenue

P.O. Box 5776

Springfield, Illinois 62705-5776

khodge@,hdzlaw.com

nldriver@~hdzlaw.com

gnewton@/hdzlaw. com

John Kim

Rachel Doctors

Robb

H. Layman

Division of Legal Counsel

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

102 1 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

j 0hn.i .kim@,illinois.~v

-

rachel.doctors@~i11inois.

gov

robb.layman(iiiillinois.gov

William Richardson, Chief Legal Counsel

Virginia I Yang, Deputy Counsel

ILLINOIS DEPARTMENT OF NATURAL

RESOURCES

One Natural Resources Way

Springfield, Illinois 67202- 127 1

bill.richardson@,i11inois.gov

virginia. yang@,illinois. gov

Electronic Filing, Received, Clerk's Office, July 13, 2007