In compliance with the Americans With Disabilities Act and other applicable federal and State
    laws, the hearing will be accessible to individuals with disabilities. Persons requiring
    auxiliary aids should contact Dorothy Gunn, Clerk of the Board, 100 W. Randolph Street, Suite 11-
    500, Chicago, Illinois 60601, at telephone number 312/814-6931, fax number 312/814-3669, or TDD
    number 312/814-6032, five days prior to the hearing.
    NOTICE OF HEARINGS
    IN THE MATTER OF:
    )
    )
    PROPOSED NEW 35 ILL. ADM. CODE 217,
    ) R01-9
    SUBPART W, THE NOX TRADING
    ) (Rulemaking - Air)
    PROGRAM FOR ELECTRICAL GENERATING )
    UNITS, AND AMENDMENTS TO
    )
    35 ILL. ADM. CODE 211 AND 217
    )
    DATES, TIMES AND PLACES:
    FIRST HEARING TO BE CONTINUED DAY TO DAY UNTIL BUSINESS IS
    COMPLETE MONDAY, AUGUST 28, 2000
    1:00 P.M.
    City Hall Chambers
    Municipal Center West
    300 South Seventh Street
    Springfield, Illinois 62757
    SECOND HEARING TO BE CONTINUED DAY TO DAY UNTIL BUSINESS IS
    COMPLETE TUESDAY, SEPTEMBER 26, 2000
    9:30 A.M.
    James R. Thompson Center
    Room 9-031
    100 West Randolph Street
    Chicago, Illinois 60601
    THIRD HEARING, IF NECESSARY, TO BE CONTINUED DAY TO DAY UNTIL
    BUSINESS IS COMPLETE TUESDAY, OCTOBER 10, 2000
    1:00 P.M.
    James R. Thompson Center
    Illinois Pollution Control Board Hearing Room
    11
    th
    Floor
    100 West Randolph Street
    Chicago, Illinois 60601
    PURPOSE OF HEARINGS:
    Merit and Economic
    ATTENDING BOARD MEMBER:
    Dr. Ronald C. Flemal
    2
    HEARING OFFICER:
    Catherine F. Glenn
    (312) 814-6923
    DATED:
    July 17, 2000
    HEARING OFFICER ORDER:
    This proposal was filed pursuant Section 28.5 of the
    Environmental Protection Act (Act) (415 ILCS 5/28.5 (1998).
    Section 28.5 provides for “ fast-track” adoption of certain
    regulations necessary for compliance with the Clean Air Act
    Amendments of 1990 (CAA) (42 U.S.C. §§ 7401
    et seq.
    (1990)). As
    detailed in the Board’s July 13, 2000, first-notice opinion and
    order, on July 11, 2000, the Environmental Protection Agency
    (Agency) filed a proposal to add a new Subpart W to 35 Ill. Adm.
    Code 217, and amend 35 Ill. Adm. Code 211 and 217.
    Section 107(a) of the CAA imposes on the State the primary
    responsibility for ensuring that Illinois meet the National
    Ambient Air Quality Standard (NAAQS) for ozone. The State is
    required to submit a state implementation plan (SIP) that
    specifies emission limitations, controls, and other measures
    necessary for the attainment, maintenance, and enforcement of the
    NAAQS in this State. This proposal will allow Illinois to submit
    control strategies necessary to demonstrate attainment of both
    the 1-hour ozone NAAQS for the Metro-East/St. Louis moderate
    ozone nonattainment area (NAA) and the 1-hour ozone NAAQS for the
    Lake Michigan severe ozone NAA. Additionally, the proposal will
    allow Illinois to satisfy a portion of Illinois’ obligation to
    submit a SIP to address the requirements of the NOx SIP Call, 63
    Fed. Reg. 57356 (Oct. 27, 1998), and also to meet applicable
    requirements of Section 9.9 of the Act.
    Pursuant to the provisions of Section 28.5 of the Act, the
    Board is required to proceed, within set time-frames, toward the
    adoption of this regulation. Section 28.5 of the Act also
    establishes specific purposes for each hearing, and other
    procedural requirements. The following are specified
    requirements under Section 28.5 of the Act:
    The first hearing shall be confined to testimony by and
    questions of the Agency’s witnesses.
    3
    The second hearing, besides including economic impact
    considerations, shall be devoted to presentation of
    testimony, documents and comments by affected entities
    and all other interested parties.
    The third hearing may be canceled without further
    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.
    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.
    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.
    The record closes 14 days after the availability of the
    transcript from the last hearing.
    The Board has no discretion to adjust the stringent
    time-frames set forth in Section 28.5. Therefore, the
    first hearing will go forward on August 28, 2000 and is
    not subject to cancellation or continuation. The
    second hearing will also go forward on the set date.
    The third hearing will go forward on the set date if
    the hearing is necessary.
    The list of interested persons who wish to receive only
    the Board’s opinions and orders in this proceeding will
    be known as the “ Notice List” . Persons who wish to
    receive prefiled testimony will be listed on the
    “ Service List” . Please note that persons on the
    “ Service List” are required to provide copies of
    various documents which they file with the Board to all
    other persons on the “ Service List” .
    Pursuant to Section 28.5(g) of the Act, prefiled
    testimony for the first hearing will be served upon all
    persons on the service list 15 days prior to hearing,
    or as of 4:30 p.m., August 11, 2000. Persons may
    receive a copy of the service list by contacting the
    hearing officer after 8:30 a.m. on August 14, 2000.
    4
    All testimony must be filed with the Board no later
    than 10 days prior to the first hearing, or as of 4:30
    p.m., August 18, 2000.
    Pursuant to Section 28.5 (g) of the Act, prefiled
    testimony for the second hearing will be served upon
    all persons on the service list 15 days prior to
    hearing, or as of 4:30 p.m., September 11, 2000.
    Persons may receive a copy of the service list by
    contacting the hearing officer after 8:30 a.m. on
    September 12, 2000. All testimony must be filed with
    the Board no later than 10 days prior to the second
    hearing, or as of 4:30 p.m., September 15, 2000.
    Pursuant to Section 28.5 (g) of the Act, prefiled
    testimony for the third hearing shall be served upon
    all persons on the service list 15 days prior to
    hearing, or as of 4:30 p.m., September 25, 2000.
    Persons may receive a copy of the service list by
    contacting the hearing officer after 8:30 a.m. on
    September 26, 2000. All testimony must be filed with
    the Board no later than 10 days prior to the third
    hearing, or as of 4:30 p.m., September 29, 2000.
    All prefiled testimony will be taken as if read and
    marked as an exhibit to the proceedings. The hearings
    will be strictly limited to the scope identified by
    Section 28.5 consistent with the Board’s resolution
    (see Res 92-2, October 29, 1992).
    IT IS SO ORDERED.
    Catherine F. Glenn
    Hearing Officer
    Entered: July 17, 2000

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