ORIGINAL
ILLINOIS POLLUTION CONTROL BOARD
February 19, 2008
IN THE MATTER OF:?
)
SECTION 27 PROPOSED RULES FOR ?
) R07-19
NITROGEN OXIDE (N0
x)
EMISSIONS?
)?
(Rulemaking - Air)
FROM STATIONARY RECIPROCATING )
INTERNAL COMBUSTION ENGINES AND )
TURBINES: AMENDMENTS TO 35 ILL. )
ADM. CODE PARTS 211 AND 217
?)
RECEIVED
CLERK'S OFFICE
FEB 1 9
an
SINE
oF
Paatim mood Beard
NOTICE OF HEARINGS
DATES, TIMES, AND LOCATIONS:
FIRST BEARING:
?
WEDNESDAY, APRIL 9, 2008
9:00 AM
Madison County Administration Building
Room 203
157 N. Main St.
Edwardsville, Illinois
CONTINUING, IF BUSINESS REMAINS AT THE END OF THE HEARING ON
THAT DAY, ON THURSDAY, APRIL 10, 2008, AT 9:00 AM AT THE SAME
LOCATION.
SECOND HEARING:
?
WEDNESDAY, MAY 7, 2008
11:00 AM
James R. Thompson Center
Room 9-034
100 W. Randolph St.
Chicago, Illinois
CONTINUING, IF BUSINESS REMAINS AT THE END OF THE HEARING ON
THAT DAY, ON THURSDAY, MAY 8, 2008, AT 9:00 AM AT THE SAME
LOCATION.
PURPOSE OF HEARINGS:?
Merit and Economic
ATTENDING BOARD MEMBER:?
Andrea S. Moore
HEARING OFFICER:
?
Timothy J. Fox
In compliance with the Americans with Disabilities Act and other applicable federal 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 11-500, Chicago, Illinois 60601, at telephone number 312/814-6931, fax number 312/814-3669, or TDD number 312/814-6032, five days prior
to the hearing.
2
HEARING OFFICER ORDER
On December 20, 2007, the Illinois Environmental Protection Agency (Agency) filed a
motion to proceed with an amended rulemaking proposal. In that filing, the Agency moved that
the hearing officer conduct a conference call with interested participants in order to determine
hearing dates. In an order dated January 10, 2008, the Board granted the Agency's motion and
directed the hearing officer to proceed to hearing on the amended proposal. In an order dated
January 24, 2008, the hearing officer scheduled a February 14, 2008 conference call to schedule
hearings and associated filing deadlines.
February 14, 2008 Participants' Conference Call
The following persons joined the hearing officer in the participants' conference call:
Rachel Doctors of the Agency; Kathleen Bassi and Joshua More of Schiff Hardin LLP; N.
LaDonna Driver of Hodge Dwyer Zeman; and Jim McCarthy of Innovative Environmental
Solutions, Inc.
In the course of the conference call, the participants discussed with the hearing officer
their availability for hearings and appropriate deadlines for pre-filing testimony. Those dates are
set either in the notice of hearings above or in the following subsection.
The Board will conduct the two hearings in order to allow the Agency as 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.
Pre-Filing Deadlines
Participants who intend to testify are urged to pre-file their testimony and to serve their
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 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 Wednesday, March 26, 2008. Under Section 27 of the
Environmental Protection Act (415 ILCS 5/27 (2006)), the first hearing is not limited to the
testimony of the proponent. But, the hearing officer intends to allow the Agency as proponent 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
March 26, 2008. Participants wishing to testify at the second hearing are directed to pre-file all
of their testimony and any related exhibits no later than Wednesday, April 23, 2008.
3
The "mailbox rule" at 35 Ill. Adm. Code 101.300(b)(2) does not apply to the filing of this
pre-filed testimony for the two hearings. Accordingly, the Board's Clerk must receive these
documents before the close of business on the specified dates. However, pre-filed testimony and
other documents may be filed electronically though the Clerk's Office On-Line (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
Pre-filed testimony will be entered into the record as if read.
See
35 Ill. Adm. Code
102.424(f). A brief summary of testimony will be allowed if a witness wishes to provide one
before responding to questions.
The hearing scheduled to begin on April 9, 2008, will begin with the Agency's
presentation of its case as the proponent. After the Agency has answered all questions from
other participants, and if time permits before the conclusion of the first hearing, other persons
who have pre-filed testimony for the first hearing may testify. The Board has reserved two days
for each hearing and anticipates that any person who wishes to testify at the first hearing will
have an opportunity to do so. In the event that any person who pre-files testimony for the first
hearing cannot testify during the first hearing because time does not allow it, that person will be
given priority to testify on May 7, 2008.
The May 7, 2008 hearing will begin with any testimony from any participant who pre-
filed testimony for the first hearing and who was not able to testify at that time. Participants who
pre-filed testimony for the second hearing will then present that testimony. In the event that any
person who pre-files testimony for the second hearing cannot testify on May 7, 2008, because
time does not allow it, that person will be given priority to testify on May 8, 2008.
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. 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
pre-filed testimony and the questions based upon it. Also, written public comments may be
submitted to the Board.
See
35 Ill. Adm. Code 102.604.
IT IS SO ORDERED.
Timothy . 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