NOTICE

OF HEARING

RECEIVED

CLERKS

OFFICE

MAY

2009

STATE

ILLINOIS

Pollution

Control

Board

DATES,

TIMES, PLACES:

Thursday,

June 18, 2009, 1:00

p.m.

JAMES

R. THOMPSON CENTER

Room

11-512

100W.

Randolph—Room 11-512

Chicago,

IL 60601

PURPOSE

OF HEARING:

ATTENDING

BOARD MEMBER:

HEARING

OFFICER:

Thursday, July

23, 2009

1:00 p.m.

IEPA OFFICE

BUILDING

Room 1244N,

First Floor

1021 N. Grand

Avenue

East

Springfield,

IL 62794

Merit and

economic

Dr. Shundar Lin

Kathleen

M. Crowley

HEARING OFFICER

ORDER

Procedural

History

On April

21, 2009, the

Illinois

Environmental Protection

Agency

(Agency)

filed

proposal

for rulemaking

under

Sections 10,

and 28 of

the Environmental

Protection Act

(Act),

415 ILCS 5/10,

27, 28 (2006).

The

proposal

would

add a single new

section, 35 Iii.

Adm.

Code

217.751 to 35

Iii.

Adm.

Code

217.Subpart

Beginning

with

any control

period

2009,

the

new section would

“sunset”, or

render

inapplicable, the

provisions

of the Nitrogen Oxides

(NO)

Trading Program for

electrical generating

units

(EGUs)

found

at 35

Iii. Adm.

Code

217.Subpart

W. But, the Agency

proposes that the

provisions

Iii.

Adm. Code 217.Subpart

will

remain

effect for

violations

that

occurred in control

periods prior

to 2009.

In a

May

7, 2009 order,

the Board

accepted the

proposal

for

hearing.

The

Board also

authorized publication

of the proposal

(without comment

on the proposal’s

merits) in

the

Illinois

required

by the

Illinois Administrative

Procedure

Act

(IAPA),

5 ILCS

100 et

seq.

(2006).

In compliance

with the Americans With

Disabilities Act and other applicable

federal and

State laws,

the

hearings

will be accessible to individuals

with disabilities.

Persons requiring

auxiliary aids

should contact

John T. Therriault,

Assistant

Clerk of

the Board,

100

West Randolph

Street,

Suite 11-500,

Chicago, Illinois 60601, at telephone

number (312) 814-3620,

or TDD number (312)

814-6032,

at least

five

days

before

the

particular

hearing.

ILLINOIS POLLUTION

CONTROL

BOARD

May 13, 2008

IN THE MATTER

OF:

)

NITROGEN OXIDE

(NO)

TRADING

)

R 09-20

PROGRAM

SUNSET PROVISIONS

FOR

)

(Rulemaking

- Air)

ELECTRIC

GENERATING

UNITS

(EGUs):

)

NEW

35 ILL.

ADM. CODE 217.75

)

On May

13,

2009,

as required under

Section 27(b)(1)

of the Act, 415 ILCS

5/27(b)(1)(2006),

the Board requested

that the Department of

Commerce and

Economic

Opportunity

(DCEO) conduct a

study of

the economic impact

of the proposed

rules.

The Board

requested

a response

no later than June

30, 2009,

that the economic impact

study (EcIS)

issue could

addressed at the

July 23,

2009 hearing.

The

Hearings

The Board

will

conduct

two

hearings in

order to allow the proponent

and any other

interested

participants the opportunity

to present testimony

on the

merits and

economic impact

the

rulemaking proposal.

hearing,

all

persons

who testify will be

sworn

in and

subject to

questioning. The

Board will also

receive any testimony

on any EcIS

conducted by DCEO

on the

proposed

rules or on DCEO’s

decision

not to perform

an EcIS.

As indicated

above

in the

notice

of hearings,

the first hearing

will

begin on

Thursday,

June 18, 2009 and

will

continue

until the day’s business

is completed,

but in no event

later than

5:00

p.m. The second hearing

scheduled

begin Thursday, July

23,

2009 and

will

and

will

continue,

continue

until

the day’s business

completed,

but in no

event

later

than

4:30

p.m.

Pre-Filing

Deadlines

Participants who intend

to testify must pre-file

their testimony

and

serve

the

testimony

the

hearing officer and all

persons

on the Service

List. Before filing

pre-filed testimony or

any

other document

with

the Clerk,

please

check

for the

most recent version

the

Service List with

the

hearing

officer or the Clerk’s Office.

Participants

in the first

hearing

are directed to pre-file

all

of their

testimony

and any

exhibits no later than

Friday, June

5, 2009.

Under Section 27 of the

Act

(415

ILCS 5/27

(2006)), the

first hearing is not

limited

the

testimony

of the proponent.

But, the

hearing

officer

presently

intends to

allow

the

Agency

as proponent

present

the testimony

of all of

its

witnesses before

hearing the

testimony of

other participants.

Therefore,

any other

person wishing

to testify

at the

first

hearing should also

pre-file their

June

5, 2009. Participants

wishing

testify at the

second hearing are

directed

to pre-file all of

their testimony

and any

related exhibits

later than Friday,

July 10, 2009.

The “mailbox

rule” at

Ill. Adm.

Code 101.300(b)(2)

does not apply

to the

filing

of this

pre-filed testimony,

and the

Board’s Clerk

must

therefore

receive these documents

before the

business

on the specified dates.

However, pre-filed

testimony and

other

documents

maybe filed

electronically though

the Clerk’s

Office On-Line

(COOL) from the

Board’s Web

site

www.ipcb.state.il.us.

Any questions

about electronic filing

through COOL

should be directed

to the Clerk’s

Office at (312)

814-3629.

Order

Hearings

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

allowed

if a

witness

wishes

provide

one

before

responding to questions. Participants who

do not pre-file testimony will

allowed

testify as time permits only after the conclusion of pre-filed

testimony and questions based

upon

it. Similarly, any

participant who wishes

to offer a public comment will

be allowed to do

so as

time

permits

at the

close of pre-filed testimony

and the questions based upon it.

Consequently,

any person wishing to testify at either of the two hearings

is urged to pre-file their testimony

order to ensure that

they have

an opportunity to testify. In addition,

the Board’s procedural rules

provide that “[tihe Board will accept written

comments from any person concerning

the

proposed regulations during the first notice period.”

35 Ill. Adm. Code 102.604.

The hearing scheduled to begin on June

18, 2009, will begin with the Agency’s

presentation of its case as the proponent. After the

Agency has

answered

all questions from

other

participants, and

if time permits before

the conclusion of the first hearing, other persons

who

have pre-filed may testify. The Board has reserved

sufficient time for each hearing and

anticipates that any

person who wishes

to testify will have an opportunity for

testimony and

any

cross-examination. In the event that any person who

pre-files testimony for the first hearing

cannot testify

on June 18, 2009,

because time does not allow it, that person will

given

priority

to testify on July 23, 2009.

The July 23, 2009 hearing will begin with any

testimony from any participant who

pre

filed

testimony for the first hearing and who

was not able to testify at that time.

Participants who

pre-filed testimony for the second hearing will then present that

testimony. Any participant

who

wishes

offer a public comment at either hearing

will be allowed to do so if time permits

the

close of pre-filed

testimony

and the questions based upon it. Again, written

public comments

may be submitted to the Board. See 35 Ill. Adm. Code 102.604.

Finally, the hearing officer, upon agreement of the participants

or upon motion to the

hearing officer, may change the order of testimony

at these hearings. See 35 Ill. Adm.

Code

102.420, citing 35

Ill.

Adm. Code 101.Subpart F.

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. The Board adopted the Part 217

NOx Trading Program

Rules

nearly

years ago in Proposed New

Ill.

Adm. Code 217. Subpart W, The NOX

Trading

Program for Electrical Generating Units, and Amendments

to 35 Ill. Adm. Code 211 and 217,

R01-9 (Dec. 21, 2000). The R01-9 notice

list began with each of the approximately

229

potentially affected EGUs who were part of the Board’s service

list in the R01-9 proceeding

which

the

Part 217 NOx Trading Program

rules were adopted. This notice list

is too dated to

serve as the basis for the notice list here.

Instead,

the Board will begin its

notice list in

this proceeding with

the notice list in the

still-pending,

but cunently

inactive,

docket which the Agency

proposed

to amend

these rules:

NOx Trading

Program:

Amendments

35 Ill. Adm.

Code Part 217, R06-22

(Feb. 2,

2006)(Agency

proposal accepted

for hearing).

While

the Board

will mail

copy of this

hearing officer order

to each of the

entities

the

R06-22

notice list, the Board

will mail copies

of any subsequent

opinions and orders

only to

those

who specifically indicate

that they wish

to remain on the Notice

List for this

proceeding.

Any entity

wishing

remain

the Notice

List must

provide

the

information requested

the

form

attached to this order

as Attachment A and

return

the completed

form to the

Board by

Friday, March 7, 2008.

In order

to clarify

the record in this proceeding,

Attachment

this

order

contains the names

and addresses of all of

the

entities

to which the Board has

mailed this

first hearing officer order.

Interested persons

may

now

request

electronic notice

filings

providing their

e-mail

address through

COOL under

this docket number:

R09-20.

This electronic notice

includes notice

of the filing of documents

that are not typically

provided to persons

on the Notice

List.

addition, COOL

provides

links

to documents filed

with

the

Board, and those documents

can

viewed, downloaded,

and printed

free

of charge

as soon as they

are

posted to

the

Board’s

Web

site.

For

information

about

the option of

electronic

notice

or COOL, consult

either the

Board’s

Web

site at

www.ipcb.state.il.us

John Therriault, the

Board’s

Assistant

Clerk,

(312)

814-3629.

At the close of the

second

hearing,

the

hearing officer will

set a date by

which the

record

will close and all

public comments

must be submitted.

See 35 Ill.

Adm.

Code

102.108.

the

Board

is aware that the Agency

would

appreciate

Board decision

making as soon

possible,

the

post-hearing

comment period

will not be lengthy unless

unanticipated

circumstances dictate

otherwise.

IT IS SO ORDERED.

—?

Kathleen

Hearing

Officer,

M. Crowley

Illinois Pollution

Control Board

100 West Randolph

Street, Suite

11-500

Chicago, Illinois

60601

(312)

814-6929

crowlek@ipcb.state.il.us

ATTACHMENT A

To Hearing

Officer Order of May 13,

2009

Nitrogen Oxide

(NOx)

Trading

Program

Sunset Provisions

for Electric Generating

Units

(EGU’s):

New

Iii.

Adm. Code 217.751, R09-20

I wish to remain on the Notice List in the Pollution

Control Board rulemaking

proceeding listed

above:

Name

Organization

Company

Address

City, State, Zip

PLEASE RETURN THIS FORM

BY MONDAY

JUNE

1, 2009

TO:

Lynn Delaney

E-mail:

delaneylipcb. state. il.us

Fax:

312-814-3669

Mail:

100 W. Randolph St., Suite

11-500

James R. Thompson Center

Chicago, Illinois

60601

ATTACHMENT B

To Hearing Officer

Order of May

13, 2009

Nitrogen

Oxide

(NOx) Trading

Program

Sunset Provisions

for

Electric

Generating

Units

(EGU’s):

New 35 III. Adm.

Code 217.751,

R09-20

Attachment B consists

of the

Service List

from the Board’s

proceeding

in NOx

Trading

Program:

Amendments

to 35 Iii.

Adm. Code

Part 217,

R06-22,

and begins on

the next page:

ICB

servicelabels.asp

Page

1 of 1

R2009-020

Rachel L. Doctors

JEPA

1021

North Grand Avenue

East

P.O. Box 19276

Springfield,

IL 62794-9276

R2009-020

Matthew J. Dunn

Office of the

Attorney General

Environmental

Bureau North

West Washington Street,

Suite 1800

Chicago,

IL 60602

R2009-020

Kathleen

C. Bassi

SchiffHardin,

LLP

6600

Sears Tower

233

South Wacker Drive

Chicago, IL 60606-6473

R2009-020

Hodge Dwyer & Driver

3150 Roland Avenue

Post Office Box 5776

Springfield, IL 62705-5776

R2009-020

Alec M. Davis

Illinois Environmental

Regulatory Group

215 East Adams

Street

Springfield, IL 62701

R2009- 020

Virginia

Yang

Illinois

Department of Natural

Resources

One Natural Resources Way

Springfield, IL 62702-1271

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