ILLINOIS

POLLUTION

CONTROL BOARD

October

28, 2009

2009

IN THE

MATTER OF:

)

STATE

OF

ILLINOIS

)

pollution

Control

Board

REASONABLY

AVAILABLE CONTROL

)

Rl0-8

TECHNOLOGY

(RACT) FOR VOLATILE

)

(Rulemaking -

Air)

ORGANIC MATERIAL

EMISSIONS

FROM)

GROUPIICONSUMER&COMMERCIAL

)

PRODUCTS:

TO35ILL.ADM.CODE211,218,AND219

PROPOSED AMENDMENTS

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HEARING

OFFICER ORDER

On July

9,

2009, the Illinois

Environmental

Protection Agency

(Agency) filed

a proposal

to adopt air pollution

regulations

controlling emission

of volatile

organic material from

Group II

Consumer

&

Commercial Products

in

ozone

nonattainment

areas classified

as moderate and

above. Group II

products include

industrial cleaning

solvents,

flat

wood paneling coatings,

flexible

packaging

printing

materials,

lithographic

printing materials,

and letterpress printing

materials. In an

order dated August

6, 2009, the Board

among other

actions accepted the

proposal for

hearing.

In an

order dated August

12, 2009,

the hearing officer

scheduled two hearings,

the

first

beginning

October 27, 2009,

in Edwardsville,

and

the

second

beginning December

8, 2009,

in

Chicago.

The order also

set

deadlines

to pre-file testimony,

questions, and

answers for the first

hearing. The order also

specifically

provided that “[p]re-filing

deadlines

for the

second hearing

will

be determined

at a later date.”

The

first hearing

took

place as scheduled on

October 27, 2009, and

the Board expects

to

receive the transcript

of that hearing

by Friday,

November 6, 2009. During

the first hearing,

the

hearing officer set

deadlines to

pre-file testimony and

questions for the

second hearing.

Pre-Filing

Deadlines

Participants

who intend to testify

at the second

hearing are urged to

pre-file

their

testimony. Participants

pre-filing

testimony and any related

exhibits

are directed to do so

no

later than Tuesday,

November

17, 2009. To expedite

the second hearing,

participants

are

directed

to

pre-file

questions based

upon pre-filed

testimony no later

than Thursday,

December

3,

2009.

The

“mailbox rule” at

35 Ill. Adm. Code

101.300(b)(2)

does

not

apply

to the filing of any

of

pre-filed testimony

or pre-filed

questions,

and the Board’s

Clerk must receive

these

documents

before

the

close of business on the

specified

dates. Although pre-ified

testimony

and

pre-filed

questions 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 the

day of the applicable

deadline.

Any

---

2

questions about electronic

filing

through

COOL should

be directed

to

the

Clerk’s

Office

at

(312)

814-3629.

Participants

are directed

to serve

pre-filed

testimony and

pre-filed questions on

the

hearing officer

and all

persons

on the Service List.

Before

filing

pre-filed testimony

or pre-filed

questions

or any other

document with the Clerk,

please check with

the hearing

officer

or the

Clerk

to obtain the most recent

version

of the Service List.

Order

of Second Hearing

The hearing

officer intends

to begin the second

hearing with pre-filed

testimony.

All 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. Witnesses

will

then

address any pre-filed

questions. The hearing

officer

intends

to

allow

any

participant

to ask follow-up

questions

and,

after addressing pre-filed

questions, to

allow participants who

have not

pre-filed

questions to ask

them.

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. Consequently,

any persons

wishing to testify are

urged to

pre-file

testimony in order

to ensure that they have

an opportunity

to testify.

Any participant

who

wishes

to offer a public

comment

at

the second hearing will

be

allowed to do

so if time permits

at the close of

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.

IT IS

SO

ORDERED.

Timothy

J.

Fox

Hearing Officer

Illinois

Pollution

Control Board

100W. Randolph

St., Suite

11-500

Chicago, Illinois

60601

312-814-6085

foxt(4ipcb.state.il.us