ECEVED
    ILLINOIS
    POLLUTION CONTROL BOARD
    CLERI’S
    OFFICE
    March 10,
    2009
    MAR
    102009
    IN THE
    MATTER OF:
    )
    STATE
    OF
    LLINOlS
    )
    Pollution
    Control Board
    AIR QUALITY STANDARDS CLEAN-UP:
    )
    R09-19
    AMENDMENTS TO 35 ILL. ADM. CODE
    )
    (Rulemaking - Air)
    PART 243
    )
    NOTICE
    OF HEARING
    DATE. TIME, AND LOCATION:
    TUESDAY, APRIL 28, 2009
    2:00PM
    Illinois Pollution Control Board
    Conference Room, First Floor
    1021
    N.
    Grand Ave. East
    (North Entrance)
    Springfield, Illinois
    PURPOSE
    OF
    HEARING:
    Merit and
    Economic
    ATTENDING
    BOARD MEMBER:
    Andrea
    S.
    Moore
    HEARING
    OFFICER:
    Timothy
    J.
    Fox
    HEARING OFFICER
    ORDER
    On December 1, 2008, the Illinois Environmental
    Protection Agency (Agency)
    filed a
    proposal
    under the general rulemaking
    provisions of Sections 27 and 28
    of the Environmental
    Protection Act (Act) (415 ILCS 5/27, 28
    (2006)). Generally, the Agency
    proposed to amend Part
    243
    of the
    Board’s
    air pollution regulations
    (35 Ill. Adm. Code 243) to incorporate
    new
    federal air
    quality
    standards. In an order dated December 18, 2008, the Board
    accepted the proposal and directed
    the
    hearing officer to proceed to hearing.
    The Board has now held
    one
    hearing
    on the Agency’s proposal.
    That hearing took place
    on Tuesday, March 10, 2009, in Chicago. As
    required by the Act, the Board will
    conduct a
    second hearing at the date,
    time,
    and
    location indicated
    above.
    Pre-Filing
    Deadline
    Participants
    who
    intend
    to testify at this hearing
    are
    urged
    to pre-file their testimony
    and
    are
    directed to serve any pre-filed testimony
    on the hearing officer
    and all persons on the Service
    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 3 2/814-6931, fax number
    312/814-3669.
    or TDD number 31 2/814-6032. five
    days prior
    to
    the hearing.
    2
    List. Before
    filing pre-filed testimony
    or any other
    document
    with the Clerk, please
    check
    with
    the
    Board’s
    Clerk to obtain the
    most
    recent
    version of the Service
    List.
    Any
    participants wishing
    to pre-file
    testimony
    for
    this
    hearing are directed
    to pre-file
    all
    of their
    testimony and any
    related
    exhibits
    no later than
    Tuesday, April 14,
    2009. The
    “mailbox
    rule”
    at
    35 Ill. Adm.
    Code
    101
    .300(b)(2)
    does not apply
    to the filing
    of any pre-filed testimony
    for this
    hearing.
    The Board’s
    Clerk must receive these
    documents
    before the close of
    business
    on April
    14,
    2009.
    Although
    documents
    may
    be
    filed electronically
    through the Clerk’s
    Office
    On-Line
    (COOL)
    from the
    Board’s
    Web site at www.ipcb.state.il.us,
    all electronic or
    approved
    fax filings
    must
    be
    received
    by the Clerk’s Office
    no later
    than
    4:30
    PM on April
    14,
    2009.
    Any
    questions
    about
    electronic
    filing
    through COOL should
    be directed
    to
    the Clerk’s
    Office at (312)
    814-3629.
    Order of Hearing
    The Board will
    determine
    the
    order
    for
    hearing testimony
    of witnesses who
    prefile
    testimony
    on April
    28, 2009
    before
    the
    hearing begins.
    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.
    Participants
    who
    do not
    pre-file testimony for
    this hearing
    will
    be
    allowed
    to testify as
    time permits
    after the conclusion
    ofpre-filed testimony
    and
    questions based upon
    it. At hearing,
    all persons
    who testify will be
    sworn
    in and
    subject
    to questioning.
    Any
    participant
    who wishes to offer
    a
    public
    comment
    will
    be allowed
    to do so if time
    permits
    at the close of the
    testimony
    and
    questions based
    upon
    it. The Board’s
    procedural
    rules
    also include an opportunity
    to file
    post-hearing comments.
    See 35 Ill.
    Adm. Code 102.108(b).
    The
    rules
    also provide
    that “[t]he Board
    will accept
    written comments from
    any person
    concerning the proposed
    regulations
    during the first notice
    period.” 35
    Ill. Adm. Code 102.604.
    Service
    and
    Notice Lists
    The Service List
    for this rulemaking
    is the list of
    persons
    who
    wish to participate actively
    in this
    proceeding and receive
    not only
    the Board’s opinions
    and orders but
    also other filings
    such
    as pre-filed testimony
    and public
    comments. The Notice
    List includes
    participants who
    wish
    to
    receive only the Board’s
    opinions
    and orders
    and hearing officer
    orders.
    Note
    that interested
    persons may
    now request
    electronic notice
    of filings by providing
    their
    e-mail address through
    COOL
    under this docket
    number R09-19.
    This electronic
    notice
    includes notice of
    the filing of
    documents that are not
    typically
    provided
    to persons on
    the
    Notice
    List. In addition,
    COOL provides
    links
    to documents
    filed with
    the Board, and those
    documents
    can be viewed,
    downloaded,
    and
    printed free of
    charge as soon
    as
    they are
    posted
    to the Board’s
    Web
    site.
    For
    more information
    about the
    option
    of electronic
    notice or COOL,
    please consult
    either the
    Board’s Web site at
    www.ipcb.
    state.il.us
    or John Therriault,
    the Board’s
    Assistant
    Clerk,
    at
    (312)
    814-3629.
    3
    IT IS
    SO
    ORDERED.
    Tim. 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

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