1. DATED:?October 27, 2000???beauchab@ipcb.state.il.us
    2. NOTICE OF HEARINGS
    3. HEARING OFFICER ORDER
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      2. NOTICE AND SERVICE LISTS
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      3. PREFILED TESTIMONY AND SERVICE
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        2. First Hearing: The Service List for the first hearing will close as of 4:30 p.m., November 13, 2000. Persons interested in prefiling testimony may request a copy of the Service List by contacting the hearing officer after 9:00 a.m. on November 14, 2000
          1. _
          2. Second Hearing: The Service List for the second hearing will close as of
          3. 4:30 p.m., December 4, 2000. Persons interested in prefiling testimony may request a copy of the Service List by contacting the hearing officer after 9:00 a.m. on December 5, 2000.
          4. Third Hearing: The Service List for the third hearing, if necessary, will
          5. close as of 4:30 p.m., December 18, 2000. Persons interested in prefiling testimony may request a copy of the Service List by contacting the hearing officer after 9:00 a.m. on December 19, 2000.
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 AMENDMENTS TO 35 ILL.
ADM. CODE 217.SUBPART V, ELECTRIC
POWER GENERATION
)
)
)
)
)
R01-16
(Rulemaking – Air)
DATES, TIMES AND PLACES:
FIRST HEARING TUESDAY, NOVEMBER 28, 2000
TO BE CONTINUED DAY TO DAY UNTIL BUSINESS IS COMPLETE
11:00 A.M.
James R. Thompson Center
Room 9-040
100 West Randolph Street
Chicago, Illinois 60601
SECOND HEARING TUESDAY, DECEMBER 19, 2000
TO BE CONTINUED DAY TO DAY UNTIL BUSINESS IS COMPLETE
11:00 A.M.
James R. Thompson Center
Room 9-040
100 West Randolph Street
Chicago, Illinois 60601
THIRD HEARING, IF NECESSARY, TUESDAY, JANUARY 2, 2001
TO BE CONTINUED DAY TO DAY UNTIL BUSINESS IS COMPLETE
11:00 A.M.
James R. Thompson Center
Room 9-040
100 West Randolph Street
Chicago, Illinois 60601
PURPOSE OF HEARINGS: Merit and Economic
ATTENDING BOARD MEMBER: Marili McFawn
HEARING OFFICER: Bobb A. Beauchamp
(312) 814-6926
DATED: October 27, 2000 beauchab@ipcb.state.il.us
 
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 AMENDMENTS TO 35 ILL.
ADM. CODE 217.SUBPART V, ELECTRIC
POWER GENERATION
)
)
)
)
)
R01-16
(Rulemaking – Air)
HEARING OFFICER ORDER
This proposal was filed pursuant to 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)). On October 19, 2000, the Board adopted for first-notice these
rules proposed by the Illinois Environmental Protection Agency (Agency) on October 16, 2000.
This proposal amends Subpart V of 35 Ill. Adm. Code 217: Electric Power Generation.
As more fully explained in the Board’s October 19, 2000 opinion, Section 107(a) of the
CAA imposes on the State the primary responsibility for ensuring that Illinois meets the National
Ambient Air Quality Standard (NAAQS) for ozone. This proposal will allow Illinois to submit
control strategies necessary to demonstrate attainment of the 1-hour ozone NAAQS for the
Metro-East/St. Louis moderate ozone nonattainment area (NAA), and satisfy Illinois’ obligation
to submit adopted rules to USEPA.
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. The hearing dates, scope of the
hearings, and deadlines for filing the requisite testimony are statutorily specified. The
requirements of Section 28.5 of the Act are incorporated into the following instructions.
HEARING DATES
The Board has no discretion to adjust the stringent time-frames set forth in
Section 28.5. Therefore, the starting dates of the three hearings will be as follows, and each will
continue day to day until completed:
FIRST HEARING will begin on November 28, 2000;
SECOND HEARING will begin on December 19, 2000;
THIRD HEARING will begin on January 2, 2001.
See the attached notice of hearings for further details concerning the location and
starting time of each hearing. Please note that the Board intends to hold these hearings
consecutively with those required in Proposed New 35 Ill. Adm. Code 217.Subpart U, Nox
Control And Trading Program For Specified Nox Generating Units, Subpart X, Voluntary Nox
Emissions Reduction Program, and Amendments to 35 Ill. Adm. Code 211 (October 19, 2000),
R01-17. When the testimony for R01-16 is concluded, the Board will proceed with the hearing
in the R01-17 rulemaking.
 
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SCOPE OF HEARINGS
The first hearing shall be confined to testimony by and questions of the Agency’s
witnesses (415 ILCS 5/28.5(g)(1)).
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 (415 ILCS 5/28.5(g)(2)).
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 (415 ILCS 5/28.5(g)(3)).
The record closes 14 days after the availability of the transcript from the last hearing
(415 ILCS 5/28.5(l)).
NOTICE AND SERVICE LISTS
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 any documents that they file with the Board to all other persons on
the Service List.
PREFILED TESTIMONY AND SERVICE
Section 28.5(g) of the Act mandates that the Board require the written submission of all
testimony at least 10 days prior to a hearing, with the simultaneous service of testimony to all
persons on the Service List as of 15 days prior to a hearing. Accordingly, the filing deadlines for
prefiled testimony will be as follows:
First Hearing: The Service List for the first hearing will close as of 4:30
p.m., November 13, 2000. Persons interested in prefiling testimony may request a
copy of the Service List by contacting the hearing officer after 9:00 a.m. on
November 14, 2000.
All testimony must be filed with the Board and simultaneously served to
all persons on the Service List no later than 4:30 p.m., November 17, 2000.
Second Hearing: The Service List for the second hearing will close as of
4:30 p.m., December 4, 2000. Persons interested in prefiling testimony may
request a copy of the Service List by contacting the hearing officer after 9:00 a.m.
on December 5, 2000.
 
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All testimony must be filed with the Board and simultaneously served to
all persons on the Service List no later than 4:30 p.m. on December 8, 2000.
Third Hearing: The Service List for the third hearing, if necessary, will
close as of 4:30 p.m., December 18, 2000. Persons interested in prefiling
testimony may request a copy of the Service List by contacting the hearing officer
after 9:00 a.m. on December 19, 2000.
All testimony must be filed with the Board and simultaneously served to
all persons on the Service List no later than 4:30 p.m. on December 22, 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).
CONTACTING HEARING OFFICER
Bobb A. Beauchamp, the hearing officer in this case, may be contacted by phone at:
(312)814-6926, or via e-mail at
beauchab@ipcb.state.il.us
.
IT IS SO ORDERED.
Bobb A. Beauchamp
Hearing Officer
100 W. Randolph, 11-500
Chicago, Illinois 60601
Entered:

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