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 AND 217

)

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 FOR CANCELLING PREFILING DEADLINES AND SCHEDULED

HEARINGS and AFFIDAVIT OF ROBERT KALEEL 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: August 23, 2007

P.O. Box 19276

Springfield, Illinois 62794-9276

217/782-5544

217.782.9143 (TDD)

Electronic Filing, Received, Clerk's Office, August 23, 2007

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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 AND 217

)

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY’S

MOTION FOR CANCELLING PREFILING

DEADLINES AND SCHEDULED HEARINGS

NOW COMES the Illinois Environmental Protection Agency (“Illinois EPA”), by one of

its attorneys and, pursuant to 35 Ill. Adm. Code 101.502 and 102.402, moves that the Hearing

Officer issue an order cancelling all testimony and question prefiling deadlines and hearings

scheduled pursuant to his June 15, 2007 Order in the above matter. In support of its Motion, the

Illinois EPA respectfully states as follows:

On June 15, 2007, the Hearing Officer issued an order scheduling two hearings

commencing on September 16, 2007, and November 5, 2007, respectively. In addition, the

Order specified that testimony by participants wishing to testify at the first hearing was to be

filed no later than August 27, 2007. One of the witnesses that the Illinois EPA plans to use to

support its proposal is Michael Koerber, Director of the Lake Michigan Air Directors

Consortium (“LADCO”), whose testimony in large part is based on modeling performed by

LADCO. LADCO has been in the process of modeling to determine the effect that expected

federal and state emissions controls will have on improving the air quality in LADCO’s five state

region (Illinois, Indiana, Michigan, Ohio, and Wisconsin), and the need for additional emissions

controls in order to attain the National Ambient Air Quality Standards (“NAAQS”) for 8-hour

Electronic Filing, Received, Clerk's Office, August 23, 2007

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ozone and fine particulate matter (“PM

2.5

”). This updated modeling will provide the basis for

Illinois’ attainment demonstration for these pollutants.

LADCO’s modeling efforts are complex and extremely resource intensive and have been

proceeding for the last several years. The modeling submitted with the Illinois EPA’s Technical

Support Document (“TSD”) with the initial regulatory proposal is considered state-of-the-art and

was intended to be the basis of Illinois’ attainment demonstration when the Illinois EPA

developed its regulatory strategy. The present rulemaking is an element of that attainment

strategy. That modeling, as well as modeling performed by the United States Environmental

Protection Agency (“USEPA”) in support of the Clean Air Interstate Rule (“CAIR”), indicated

that Illinois would need substantial emissions reductions beyond those provided by CAIR in

order to demonstrate attainment of the above NAAQS. This proposal was developed on the basis

that significant reductions of NO

x

emissions would be needed statewide from all significant

stationary sources of NO

x

.

Illinois’ regulatory strategy has been controversial, and part of the controversy arises

from the use of 2002 as the base year for modeling purposes. Because 2002 meteorological

conditions were extremely conducive to the formation of ozone and particulate matter, the

monitoring data from 2002 established a high baseline, or benchmark, from which to evaluate the

amount of emission reductions needed for attainment of the NAAQS. This modeling was

provided to stakeholders as part of LADCO’s and Illinois’ public participation process, and

stakeholders objected strongly to the use of 2002 as the base year for modeling. The five

LADCO states agreed to model a more representative base year, 2005, as the basis for

developing the attainment strategy for the region. This new modeling was expected to be

completed in August 2007, which would have been timely with respect to the Board’s schedule

3

Electronic Filing, Received, Clerk's Office, August 23, 2007

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for this rulemaking.

However, on August 21, 2007, the Illinois EPA learned that the modeling would not be

completed and shared with the public until October 2007. It is also believed that this new

modeling might substantially change the Illinois EPA’s regulatory proposal, but it is not certain

and cannot be determined until the Illinois EPA has had an opportunity to review the results.

This opportunity to review will only take place after LADCO has had an opportunity to quality

assure (“Q and A”) the results.

On August 22, 2007, when this information was communicated to the Illinois EPA’s

attorneys, they initiated a conference call to parties who had indicated an interest in the proposal,

specifically, the representatives for the Illinois Environmental Regulatory Group (“IERG”), the

Illinois Municipal Electric Agency (“IMEA”), and the Pipeline Consortium. The Illinois EPA

indicated that they would be filing this Motion requesting that the scheduled hearings and

prefiling deadlines be cancelled. The Illinois EPA and the above representatives then initiated a

call to the Hearing Officer in this matter to convey the same information. In this call, the Illinois

EPA, and the representatives for IERG, IMEA, and the Pipeline Consortium waived paper

service of this Motion.

The prefiling of testimony for the first hearing is required by August 27, 2007, prefiled

questions are due on September 10, 2007, and the first hearings are scheduled to begin on

September 18, 2007. In these hearings, the Illinois EPA, as the proponent of the proposal, had

intended to put forth its explanation and technical support for the proposal; however, without the

new LADCO modeling results to be released on October 10, 2007, the information put forth

would be at best incomplete and at worst may require a significant revamping of the proposal. If

the September 18, 2007, hearing is not cancelled and the Illinois EPA is required to proceed, it

4

Electronic Filing, Received, Clerk's Office, August 23, 2007

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could represent a significant waste of resources for all participants in this matter as the Illinois

EPA would have to present all testimony as tentative and qualify that statements made could be

impacted by the results of modeling that will not be available until October 10, 2007. The

substance of the regulatory proposal could require significant amendments, as well.

Further, if the second set of hearings scheduled to begin on November 5, 2007, were not

cancelled as well, it is possible that the Illinois EPA would have in the meantime acted to revise

the pending proposal. That would impose a hardship to both the Illinois Pollution Control Board

(“Board”) and the other participants since there would be questions of proper notice and

sufficient time to review any such possible revisions.

Under these exceptional circumstances, and to avoid a significant waste of resources by

all participants in this matter, the Illinois EPA believes that the most prudent course of action is

to request the cancellation of the entire schedule of hearings and prefiling deadlines. In addition,

the Illinois EPA is requesting that the Hearing Officer schedule a status call among the

participants in mid-October after the modeling information becomes available. The Illinois EPA

does not believe that withdrawal of the proposal is appropriate at this time, as the modeling may

show that the proposal as currently proposed supports and furthers attainment of the two

NAAQS.

5

Electronic Filing, Received, Clerk's Office, August 23, 2007

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WHEREFORE, for the reasons stated above, the Illinois EPA respectfully requests that

the Hearing Officer grant the Illinois EPA’s Motion for Cancelling Hearings and Prefiling

Deadlines.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:

_/s/ Rachel L. Doctors

Rachel L. Doctors

Assistant Counsel

Air Regulatory Unit

Division of Legal Counsel

DATED: August 23, 2007

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217.782.5544

217.782.9143 (TDD)

217.782.9807 (Fax)

6

Electronic Filing, Received, Clerk's Office, August 23, 2007

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STATE OF lLLINOIS

)

) SS

SANGAMON COUNTY

)

AFFIDAVIT

I, Robert Kaleel, upon my oath, do hereby state as follows:

I.

I am employed as the Manager of the Air Quality Planning Section of the Division of Air

Pollution Control in the Bureau of Air for the Illinois Environmental Protection Agency

("Illinois EPA").

2.

In my current position as Section Manager, 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 to develop the proposal for Section 27

Proposed Rules for Nitrogen Oxide Emissions from Stationary Emissions from Stationary

Reciprocating internal Combustion Engines and Turbines: Amendments to 35 Ill. Adm.

Code Parts 211 and 217. I have also been closely involved

with the development of

Illinois' State Implementation Plans to address the PM2.5 and 8-hour ozone nonattainment

areas in Illinois.

3.

I have reviewed the Motion for Cancelling Prefiling Deadlines and Scheduled Hearings

4.

To the best

ofmy knowledge, the factual information and representations contained within the

Motion are true and accurate.

FURTHER AFFIANT SAYETH NOT.

"OFFICIAL SEAL"

Vicky Vonlanken

NolaJy Public, Stale

of

lIIillO~

My Comm"'ionExp. OI/17J2OOll

Electronic Filing, Received, Clerk's Office, August 23, 2007

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