ILLINOIS POLLUTION CONTROL BOARD
August 23, 2007
IN THE MATTER OF:
SECTION 27 PROPOSED RULES FOR
NITROGEN OXIDE (NO
x
) EMISSIONS
FROM STATIONARY RECIPROCATING
INTERNAL COMBUSTION ENGINES AND
TURBINES: AMENDMENTS TO 35 ILL.
ADM. CODE PARTS 211 AND 217
)
)
)
)
)
)
)
)
R07-19
(Rulemaking - Air)
ORDER OF THE BOARD (by A. S. Moore):
On July 19, 2007, the Illinois Environmental Protection Agency (Agency) filed a motion
to withdraw testimony (Mot.). Specifically, the Agency seeks to withdraw the testimony of
Robert Kaleel, Yoginder Mahajan, Michael Koerber, and Scott Leopold. Mot. at 1.
In support of its motion, the Agency states that on May 11, 2007, it prefiled testimony
regarding its rulemaking proposal entitled Stationary Reciprocating Internal Combustion Engines
and Turbines: Amendments to 35 Ill. Adm. Code Section 201.146 and Parts 211 and 217 and
docketed by the Board as R07-18. Mot. at 1. The Agency further states that, in addressing
objections to considering that proposal under the “fast-track” procedures of Section 28.5 of the
Environmental Protection Act (415 ILCS 5/28.5 (2006)), the Board bifurcated R07-18 and
opened this docket.
Id
.
The Agency argues that, although the Board transferred the record in R07-18 into this
docket, R07-19 is “more narrow in scope than the original docket” in which the Agency prefiled
testimony from Messrs. Kaleel, Koerber, Leopold, and Mahajan. Mot. at 2. The Agency states
that this prefiled testimony “concerns more than the issues addressed in the new docket R07-19.”
Id
. The Agency argues that withdrawing this testimony will result in a hearing more focused
upon the relevant issues.
Id
. Finally, the Agency claims that granting the motion will not result
in prejudice, as a hearing officer order dated June 15, 2007, requires filing testimony for the first
hearing in this proceeding by August 27, 2007.
Id
.
Under Section 101.500(d) of the Board’s procedural rules, “[w]ithin 14 days after service
of a motion, a party may file a response to the motion. If no response is filed, the party will be
deemed to have waived objection to the granting of the motion, but the waiver of objection does
not bind the Board or the hearing officer in its disposition of the motion.” 35 Ill. Adm. Code
101.500(d). The Board notes that no participant in this proceeding has filed a response to the
Agency’s motion to withdraw testimony. The Board grants the Agency’s motion and withdraws
the testimony of Robert Kaleel, Yoginder Mahajan, Michael Koerber, and Scott Leopold. As the
Agency has acknowledged in its motion, prefiled testimony for the first hearing in this docket
must be filed no later than August 27, 2007.
2
IT IS SO ORDERED.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above order on August 23, 2007, by a vote of 4-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board