RECEgVED

CLERIcS

OFFICE

ILLiNOIS POLLUTION

CONTROL BOARD

September 10, 2009

2009

STATE

ILUNOIS

iN THE

MATTER OF:

)

Pollution

Contro

Board

)

AMEREN

ASH POND

CLOSURE RULES

)

R09-21

(HUTSONVILLE

POWER

STATION):

)

(Rulemaking - Land)

PROPOSED 35 ILL. ADM.

CODE 840.101

)

J-

THROUGH 840.144

)

‘i’

HEARING OFFICER ORDER

In summary, the order

below grants the motion for extension of time

filed by Ameren

Energy

Generating

Company (Ameren) on September

2009;

extends the deadline for pre

filing

questions

to September 15, 2009;

and extends the deadline for pre-filing answers

September 22, 2009.

On May 19, 2009,

Ameren filed a proposal for site-specific rulemaking.

Ameren

proposes

a new subchapter in the Board’s

waste disposal

regulations to address the closure

surface impoundments.

Specifically, Ameren seeks

adoption

of regulations through which

it can

close Ash Pond D at its

Hutsonville Power Station near Hutsonville, Crawford

County. In an

order dated June 18, 2009, the Board

accepted

the proposal for hearing and directed

the hearing

officer to proceed to hearing.

In an order

dated June 30, 2009, the hearing officer scheduled

a hearing beginning

Tuesday, September 29, 2009,

and continuing, if necessary, on Wednesday,

September

30, 2009.

In the same order, the hearing officer also directed

participants

wishing to testify at the hearing

to pre-file testimony

no later than Tuesday, August 18, 2009. In

order to expedite the hearing,

the hearing

officer directed participants

to pre-file questions based on pre-filed testimony

no later

than

Tuesday, September 1, 2009. The order also directed

participants whose pre-filed testimony

elicited pre-filed questions to pre-file

written answers to those questions no later than Tuesday,

September 15, 2009.

On August 18, 2009,

Ameren pre-filed the testimony of Mr. Michael

Bollinger. Also

August 18, 2009, the Illinois Environmental

Protection Agency

(Agency) pre-filed the testimony

Mr.

Richard

P. Cobb,

Mr.

William E. Buscher, Ms. Lynn E. Dunaway,

Mr. Stephen F.

Nightingale, and Mr. Christian

Liebman.

On September

2009,

Ms. Traci L. Barkley, Water

Resources Scientist for Prairie

Rivers Network,

pre-filed fifteen

questions. Those questions are addressed

separately

as follows:

to Ameren with regard to the Statement

of Reasons filed with its proposal on

May 19,

2009;

Mr. Bollinger specifically with regard to his pre-filed

testimony; to the Agency generally with

regard

its pre-filed

proposed amendments; and to Mr. Nightingale

specifically with regard

his pre-filed testimony.

Also

on September

1, 2009,

Ameren filed

a Motion for Extension

of Time to Pre-File

Questions

and

Written Answers (Mot.).

In the

motion, Ameren

notes the pre-fihing

of testimony

according

the August 18, 2009,

deadline

and states that, since

that

date, “Ameren

and the

Agency

have

been in contact

and are working

towards resolving

the differences

between

Ameren’s

rulemaking proposal

and the Agency’s

proposed

revisions.” Mot. at

2. Ameren

requests

that, in order to allow

this attempt

to resolve

these differences to

continue, the hearing

officer extend

the deadline

pre-file

questions

by one week to September

8, 2009, and the

deadline

file written

answers to

those questions by

one week

September

22, 2009.

Id.

Ameren

argues that,

“[b]ecause the

participants

have

already pre-filed

testimony

this matter,

extending

the deadline

to pre-file

questions and answers

will not

cause material prejudice

to the

participants,

the Board or the general

public.” Id.

Finally, Ameren

states that counsel

for the

Agency

expressed

no objection

to the requested extensions.

Id.

Section 101.500(d)

of the

Board’s procedural

rules provides

in pertinent part that,

“[w]ithin 14 days after

service of a

motion,

a party

may file a response

to the motion. . .

Unless

undue

delay

or material

prejudice

would result, neither

the Board

nor

the hearing officer

will

grant

any motion before

expiration

of the 14 day

response period. . .

.“ 35 Ill. Adm.

Code

101.500(d).

noted

above, in an

order dated June

30, 2009, the hearing

officer

scheduled

hearing

in this matter

begin on Tuesday,

September

29, 2009. This

hearing

date

was based in

part

on the

availability

of both

Ameren

and the Agency

at that time.

See Ameren Ash

Pond

Closure Rules

(Hutsonville

Power

Station):

Proposed

Ill. Adm.

Code

840.101

through

840.144,

R09-21, slip op.

at 2

(June 30,

2009) (hearing

officer order). The

same order, in

order to

expedite

the

course

of the

hearing,

set deadlines

for

pre-fihing

testimony, questions,

and

answers.

Id. Because

that hearing is scheduled

to begin

in less than

three weeks, undue

delay would

result

from allowing

the full 14-day

response

period

to run, and this

order

will address

Ameren’s

motion.

Based

upon

review of its substance,

the motion

for extension

time

is granted.

However, Ameren’s

proposed

extended deadline

of September

8, 2009, for pre-fihing

questions

has passed.

Accordingly, the

deadline

pre-file questions is extended

to Tuesday,

September 15, 2009.

For witnesses

whose pre-filed testimony

has elicited

pre-filed questions,

the deadline

to pre-file

written

answers

to those

questions

is extended

one

week to Tuesday,

September

22, 2009.

the

event that

the contact

and work mentioned

in Ameren’s

motion culminates in

“resolving

the

difference

between Ameren’s

rulemaking

proposal and the

Agency’s

proposed

revisions”

(Mot. at 2)

and generates

any

joint rulemaking

proposal,

proponents

of such a

joint

proposal

and any amended

testimony are

strongly

urged

to file those materials

with the

Board

or before September 22,

2009.

The “mailbox

rule” at 35111.

Adm.

Code

101 .300(b)(2) does

not apply to the

filing

these pre-filed questions

or answers

or to the filing

of any joint proposal

and amended

testimony,

and the Board’s

Clerk

must

receive these documents

before

the close of business

on the specified

dates.

However,

documents

may

be filed electronically

though

the Clerk’s Office

On-Line

(COOL) from

the Board’s

Web site at www.ipcb.state.iLus.

Any

questions

about

electronic

filing through

COOL should be

directed to

the Clerk’s Office

at (312) 814-3629.

Before

filing

pre-filed

questions

or any other

document

with the Clerk, please

check

with the

hearing officer

or the Board’s

Clerk

to obtain

the most

recent

version of the

Service

List.

The hearing will

begin

as scheduled

on Tuesday,

September

29, 2009.

The hearing

officer

order

of June

30, 2009,

addressed

the

order

of that hearing. See

Ameren Ash Pond

Closure

Rules

(Hutsonville

Power

Station):

Proposed

Ill.

Adm.

Code 840.10 1 through

840.144,

R09-21,

slip

op. at 2-3 (June 30, 2009).

IT IS

ORDERED.

Timothy

Fox

Hearing Officer

Illinois

Pollution

Control Board

100

Randolph St.,

Suite 11-500

Chicago,

Illinois

60601

312-814-6085

foxt@ipcb.state.il.us