ILLINOIS POLLUTION CONTROL BOARD
April 17, 2008
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):
In an order dated May 17, 2007, the Board in this docket sent a rulemaking proposal to
first notice without commenting on its merits.
See
31 Ill. Reg. 7702 (June 8, 2007). In the same
order, the Board bifurcated that proposal from rulemaking docket R07-18, which the Illinois
Environmental Protection Agency (Agency) had filed on April 6, 2007. As the Board on January
10, 2008, granted the Agency’s motion to proceed in this docket with an amended proposal, the
Board below directs the Clerk to withdraw the first-notice of this rulemaking published in the
Illinois Register
on June 8, 2007.
Below, the Board provides an abbreviated procedural history before concluding to
withdraw first-notice publication in this docket. The Board anticipates that this step will help
eliminate the risk of confusion about the scope of the hearings in this matter.
ABBREVIATED PROCEDURAL HISTORY
On April 6, 2007, the Agency filed a rulemaking proposal intended to reduce emissions
of nitrogen oxides (NO
x
) from stationary reciprocating engines and turbines, which the Board
docketed as R07-18. In an order dated May 17, 2007, the Board concluded that the Agency’s
entire proposal was not “required to be adopted” by the Clean Air Act (CAA) under Section 28.5
of the Environmental Protection Act (Act). 415 ILCS 5/28.5 (2006). Accordingly, the Board
bifurcated the proposal by continuing to consider, in docket R07-18, only the portion applicable
to the 28 internal combustion engines affected by the NO
x
State Implementation Plan (SIP) Call
Phase II under Section 28.5 “fast-track” procedures. The Board directed the publication of the
remainder of the Agency’s proposal for first notice under the general rulemaking provisions of
Sections 27 and 28 of the Act (415 ILCS 5/27, 28 (2006)) in docket R07-19 without commenting
on the merits of the proposal. The Board adopted final rules in R07-18 on September 20, 2007.
See
Fast-Track Rules Under Nitrogen Oxide (NO
x
) SIP Call Phase II: Amendments to 35 Ill.
Adm. Code Section 201.146 and Parts 211 and 217, R07-18 (Sept. 20, 2007);
see also
31 Ill.
Reg. 14254-71 (Oct. 12, 2007).
On June 15, 2007, the hearing officer issued an order in R07-19 scheduling a first hearing
beginning September 18, 2007 in Springfield with prefiled testimony due to be filed by August
27, 2007, and prefiled questions based on that testimony due to be filed by September 10, 2007.
2
The same order scheduled a second hearing beginning November 5, 2007 in Chicago with
prefiled testimony due to be filed by October 15, 2007, and prefiled questions based on that
testimony due to be filed by October 29, 2007.
On August 23, 2007, the Agency filed a motion to cancel the scheduled hearings and
associated prefiling deadline. In an order dated August 27, 2007, the hearing officer granted the
motion. At the direction of the hearing officer, the Agency has since filed two status reports, a
first on October 31, 2007, and a second, on November 19, 2007, which indicated that the Agency
would file an amended proposal with the Board before the end of December 2007.
On December 20, 2007, the Agency filed its “Motion to Proceed with Amended Proposal
and Withdraw Testimony.” On January 3, 2008, the Illinois Environmental Regulatory Group
filed its response.
In an order dated January 10, 2008, the Board granted the Agency’s motion to proceed
with the amended proposal and directed the assigned hearing officer to proceed to hearing under
the rulemaking provisions of the Act and the Board’s procedural rules. The Board also granted
the Agency’s motion to withdraw testimony submitted in support of the original proposal on
May 11, 2007, and directed the Clerk to withdraw the specified testimony from the record of this
proceeding.
CONCLUSION
As the Board on January 10, 2008, granted the Agency’s motion to proceed in this docket
with an amended proposal, the Board below directs the Clerk to withdraw the first-notice
publication of this rulemaking.
See
31 Ill. Reg. 7702 (June 8, 2007). The Board anticipates that
this step will help eliminate the risk of confusion about the scope of the hearings in this matter.
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 April 17, 2008, by a vote of 4-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
