IN THE MATTER OF :
)
PROPOSED NEW 35 ILL . ADM . CODE 225 )
CONTROL OF EMISSIONS FROM LARGE )
COMBUSTION SOURCES (MERCURY) )
ORIGINAL
ILLINOIS POLLUTION CONTROL BOARD
FIEREpFEE-
1UN 2 8 2006
SIP'TE
Co~SfINBoIad
R06-25
polWttor+
(Rulemaking - Air)
June 28, 2006
HEARING OFFICER ORDER
On June 12, 2006, the Board began holding hearings in this proceeding . The hearings
continued until June 23, 2006 . At the close of the hearing, a discussion was held with the
participants concerning the deadlines for prefiling of testimony and questions for the hearings
scheduled to begin on August 14, 2006 . In addition, the participants discussed a deadline for the
filing of answers to questions addressed to Mr . Sid Nelson, Jr ., which were not addressed during the
first hearing . The participants and the hearing officer agreed on the following schedule :
I .
Mr. Nelson's answers to be filed by July 10, 2006 ;
2
Prefiled testimony to be filed by July 24 and July 28, 2006 ;
Prefiled questions for the testimony filed July 24 must be filed by August 4, 2006;
and
4.
Prefiled questions for the testimony filed July 28 must be filed by August 7, 2006.
The mailbox rule does not apply and the materials must be filed with the Clerk's office on the
deadline.
Also Section 27(b) of the Environmental Protection Act (Act) (415 ILLS 5/27(b) (2004))
requires the Board to request the Department of Commerce and Economic Opportunity (DCEO)
to conduct an economic impact study (EcIS) on certain proposed rules prior to adoption of those
rules . If DCEO chooses to conduct the EcIS, DCEO has 30 to 45 days after such request to
produce a study of the economic impact of the proposed rules. The Board must then make the
EcIS, or DCEO's explanation for not conducting the study, available to the public at least 20
days before a public hearing on the economic impact of the proposed rules .
In accordance with Section 27(b) of the Act, the Board requested, by letter dated May 10,
2006, that DCEO conduct an economic impact study for this rulemaking . On June 26, 2006,
DCEO responded that DCEO does not "possess the economic modeling tools to fully produce"
an EcIS on this rulemaking
. The letter from DCEO has been docketed and is available on the
Board's website at www.ipcb .state. i1.us.
The Board will accept comment on the decision not to
perform an EcIS at the hearings beginning on August 14, 2006 .
IT IS SO ORDERED .
2
ane E .
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
(312) 814-4925
tipsorm(cuipcb.state. il .us
