ILLINOIS POLLUTION CONTROL BOARD
March 16, 2006
IN THE MATTER OF :
PROPOSED NEW 35 ILL. ADM. CODE 225
R06-25
CONTROL OF EMISSIONS FROM LARGE
(Rulemaking - Air)
COMBUSTION SOURCES (MERCURY)
NOTICE OF HEARINGS
DATES, TIMES, AND PLACES
:
FIRST HEARING MAY 8
TO BE CONTINUED DAY TO DAY UNTIL BUSINESS IS COMPLETE
1 :00 P.M .
Assembly Hall, Concourse Level
James R. Thompson Center
100 W. Randolph
Chicago, IL
SECOND HEARING, IF NECESSARY, JUNE 5
TO BE CONTINUED DAY TO DAY UNTIL BUSINESS IS COMPLETE
1 :00 p.m .
Illinois Environmental Protection Agency Office Building
Training Room, 1214 West
1021 N. Grand Avenue East, North Entrance
Springfield, IL
THIRD HEARING, IF NECESSARY, JUNE 19
TO BE CONTINUED DAY TO DAY UNTIL BUSINESS IS COMPLETE
10:00 a.m .
Illinois Environmental Protection Agency Office Building
Training Room, 1214 West
1021 N. Grand Avenue East, North Entrance
Springfield, IL
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2
PURPOSE OF HEARINGS
:
Merit and Economic
ATTENDING BOARD MEMBERS
:
G. Tanner Girard
Andrea S. Moore
HEARING OFFICER :
Marie E. Tipsord
E RING OFFICER ORDER
Conduct of Hearing
This proposal was filed pursuant to Section 28 .5 of the Environmental Protection Act (Act)
(415 ILCS 5/28.5 (2004)). Pursuant to the provisions of that section, the Board is required to
proceed, within set timeframes, toward the adoption of this regulation . The timeframes have been
set forth in the Board's opinion and order issued today. Section 28 .5 also sets specific purposes for
each hearing as well as other procedural requirements
.
The following are the salient requirements under Section 28 .5 of the Act (415 ILCS 5/28 .5
(2004)) :
The first hearing shall be confined to testimony by and questions of the Agency's
witnesses .
The second and third hearings may be cancelled without notice if the affected
entities are in agreement on the rule and the United States Environmental Protection
Agency has not informed the Board of any unresolved objection to the rule
.
Within 7 days after the first hearing, any person may request that the second hearing
be held .
The second hearing, if necessary, shall be devoted to presentation of testimony,
documents and comments by affected entities and all other interested parties .
The third hearing, if necessary, shall be devoted to any Agency response to material
presented at the second hearing and to any response by other parties . If the Agency
indicates to the Board that it does not intend to introduce additional materials, the
third hearing will be cancelled .
Written submission of testimony at least 10 days prior to a hearing and the
simultaneous service of testimony to all persons who are listed on the service list at
least 15 days prior to hearing is required
.
3
The record closes 14 days after the availability of the transcript from the last
hearing .
The Board has no discretion to adjust the stringent timeframes set forth in Section 28
.5 of
the Act (415 ILCS 5/28 .5 (2004)). Therefore, the first hearing will go forward on May 8, 2006, and
is not subject to cancellation or continuation. The second and third hearings will also go forward
on the set dates if the hearings are necessary. At the second hearing, participants may comment on
the Department of Commerce and Economic Opportunity's economic impact detennination made
pursuant to Section 27(b) of the Act (415 ILCS 5/27(b) (2004))
.
Notice and Se vice List
Pursuant to 35 Ill. Adm. Code 102 .422, a notice and service list will be established
.
Persons on the notice list will receive notice of all Board actions and hearing officer orders
. 35
Ill. Adm. Code 102.422(a). In comparison, Section 102.422(b) states in part :
The hearing officer may establish a service list for any regulatory proceeding, in
addition to the notice list. The hearing officer may direct participants to serve
copies of all documents upon the persons listed on the service list. *** For
purposes of fast-track rulemakings under Section 28.5 of the Act, participants of
record will be the individuals on the service list . 35 111. Adm. Code 422(b)
.
Persons on the service list will receive notice of Board actio
hearing officer orders,
as well as testimony and filings in the proceeding . The service list is reserved for persons who
will be testifying and participating in the rulemaking . With the development of the Board's
website (ww-v.ipcb.state . il .us), COOL system and electronic filing, all prefiled testimony, public
comments, and other filings will be available for viewing and downloading expeditiously. The
only exception will be voluminous filings, which will be available on request. Furthermore, with
the development of COOL, persons not on the service list, who wish to file a public comment
and only a public comment, need not serve their comments on the service list in this proceeding
.
To be placed on either the "Notice List" or the "Service List" contact the hearing officer
at the address or phone number below. You may also sign up using the COOL system for "e
notify" as well as for the notice list .
` E Notify" is a system whereby an email is automatically
sent when a filing is docketed in the COOL system. This system will notify participants of
filings almost immediately and the documents will be available for viewing, downloading, or
printing.
Prefiling of Testimony
Section 28.5 of the Act also sets forth strict prefiling deadlines for testimony . Section 28.5
of the Act states :
The Board shall require the written submission of all testimony at least 10 days
before a hearing, with simultaneous service to all participants of record in the
4
proceeding as of 15 days prior to the hearing, unless a waiver is granted by the
Board for good cause. 4l5TLCS 5/28.5(g)
Therefore, prefiled testimony for the first hearing must be served upon all persons on the service list
aonf4:30pzo.,April 23,200h . /
Persons may receive a copy of the service list by contacting
' officer after 8:30 a.m. on April 24, 2006. All testimony must be submitted no later than
.April 28,
Prefiled
'
for the second hearing must be served upon all persons on the service list
as of 4:30 p.m., May 21, 2006. Persons may receive a copy of the service list by contacting the
'
ofEcer after 8:30 a.m., May 22, 2006. All
'
must be submitted no later than
M;y 26, 2006 .
Prefiled testimony Arthe third
must be served upon all person on
hewing
upon all person on the
'
list
or 4:30p .'
p.m., June 4, 2006. Persons may receive a copy of the service list by contacting the hearing
officer after 8 :30 a.m. June 5, 2006. All testimony must be submitted no later than June 9, 2006
.
Code 101.300(c) does not apply .
Motions to Reject Re2ulatory Filin
On March l5,2006,thcBoard received three motions to reject the regulatory filing by the
Agency. The motions were not ripe for consideration at the Board's meeting on March 16, 2006,
because the response period had not elapsed (see
3
5
11[Adm. Code l0l.500(d)). On March 16,
2006, the Board accepted the proposal and adopted the rule for first notice . Therefore, until such
time as the Board rules on the pending motions, we will proceed under the requirements of
Section 28.5 of the Act (415 ILCS 5/28 .5 (2004)). To ensure that this process moves
expeditiously, I am directing that any response to the motions be filed by March 29, 2006, and
the mailbox rule of 35 111. Adm. Code 101.300(c) does not apply. Further, the movants may reply
to the responses by April 5, 2006, and the mailbox rule of 35 111 . Adm. Code 101.300(c) does not
apply.
l The 15th day before the scheduled hearings falls on Sunday for each of the three scheduled
hearings. For purposes of prefiling, the service
will close at 4:30on those days even
the Board is not open for business . Any emails or faxes asking for placement on the service list,
received before 4:30 on that day will be included on the service list available from the hearing
officer the next morning .
though
IT IS SO ORDERED .
5
arie E. Tipsord
Hearing Officer
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
(312) 814-4925
ti psortnCwipcbp state. i Lus
