BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
     
    IN THE MATTER OF: )
    ) R06-25
    PROPOSED NEW 35 ILL. ADM. CODE 225 ) (Rulemaking – Air)
    CONTROL OF EMISSIONS FROM )
    LARGE COMBUSTION SOURCES )
     
    NOTICE
     
    TO: Dorothy Gunn Marie Tipsord
    Clerk
     
      
      
      
    Hearing Officer
     
       
    Illinois Pollution Control Board
    Illinois Pollution Control Board
    James R. Thompson Center James R. Thompson Center
    100 West Randolph St., Suite 11-500
    100 West Randolph St., Suite 11-500
    Chicago, IL 60601-3218 Chicago, IL 60601-3218
    (Electronic Mail) (First Class Mail)
     
     
    SEE ATTACHED SERVICE LIST
     
     
    PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
    Illinois Pollution Control Board the MOTION CONCERNING GUIDELINES AND FORMAT
    OF FIRST HEARING, a copy of which is herewith served upon you.
    ILLINOIS ENVIRONMENTAL
     
      
      
      
      
      
      
    PROTECTION AGENCY
      
      
      
      
      
      
     
      
      
      
      
      
      
    By: /s/______________________
    Charles E. Matoesian
    Assistant Counsel
    Division of Legal Counsel
     
    DATED: April 3, 2006
     
    1021 North Grand Avenue East
    P. O. Box 19276
    Springfield, IL 62794-9276
    THIS FILING IS SUBMITTED
     
    217/782-5544
    ON RECYCLED PAPER
     
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, APRIL 3, 2006
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
     
    IN THE MATTER OF: )
    ) R06-25
    PROPOSED NEW 35 ILL. ADM. CODE 225 ) (Rulemaking – Air)
    CONTROL OF EMISSIONS FROM )
    LARGE COMBUSTION SOURCES )
     
    MOTION CONCERNING GUIDELINES AND FORMAT OF FIRST HEARING
     
    NOW COMES the Proponent, the ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY (Illinois EPA), by one of its attorneys, and pursuant to 35 Ill. Adm. Code 101.502,
    moves that the Hearing Officer issue an order setting forth the guidelines and format of the first
    hearing scheduled for May 8, 2006. In support of its Motion, the Illinois EPA respectfully states
    as follows:
    As the Illinois EPA stated in its Motion to Hold Required Hearings in Springfield that
    was filed with the rulemaking proposal on March 14, 2006, the Illinois EPA held public outreach
    meetings and numerous industry and environmental organization representatives participated in
    these meetings and expressed significant interest in this rulemaking proposal. Consistent with
    this strong public interest, and the fact that Section 102.304 of the Board's procedural rules states
    that the first hearing "is reserved for the Agency's testimony and questions of the Agency's
    witnesses," the Illinois EPA proposes the following format for the conduct of the first hearing so
    as to maximize State resources.
    The Illinois EPA moves that to assure smooth operation of the first hearing and to ensure
    an orderly flow of questioning, the examination of witnesses follow a structure based upon
    specified topics being presented on particular days. The areas encompassed within the chapters
    of the Illinois EPA's
    Technical Support Document for Reducing Mercury Emissions from Coal-
    Fired Electric Generating Units
    ("TSD"), listed as follows, are useful in setting the format of the
    hearing:
     
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, APRIL 3, 2006
     
    2
    Chapter 1.0 Introduction
    Chapter 2.0 Background Information on Mercury
    Chapter 3.0 Mercury Impacts on Human Health
    Chapter 4.0 Mercury Impaired Waters in Illinois
    Chapter 5.0 Deposition of Mercury
    Chapter 6.0 Regulatory Activities – Federal and Other States
    Chapter 7.0 Illinois Mercury Emissions Standards for Coal-Fired Electric Generating
    Units
    Chapter 8.0 Technical Feasibility of Controlling Mercury Emissions from Coal-Fired
    Power Plants in Illinois
    Chapter 9.0 Economic Modeling
    Chapter 10.0 Other Relevant Issues and Additional Considerations
     
      
      
    A hearing structure based upon the above subject areas allows witnesses to concentrate
    on the particular area covered for a given day rather than attempting to prepare for all fields of
    questioning. Devoting particular days to specific topics will also maintain clarity as the record of
    the proceedings is created. Further, use of a schedule such as the one proposed herein will allow
    all parties to gauge the progress of the hearing. This will help facilitate the conduct of the
    hearing.
    In addition, restricting questioning to particular topics will help conserve State resources,
    as the outside expert witnesses will not be required to be present for an indeterminate time.
    Rather, each expert can provide his or her testimony for the hearing on the appropriate day.
    Moreover, one of the Illinois EPA's expert witnesses, Dr. Deborah Rice, is only available to
    testify on May 8 due to a prior commitment. Such a system will greatly reduce State expenses
    involved with the hearing. For these reasons, the Illinois EPA recommends the following
    schedule for the format of the first hearing:
    Day Areas Covered
    Monday, May 8 Chapter 1.0 Introduction
    Chapter 2.0 Background Information on Mercury
    Chapter 3.0 Mercury Impacts on Human Health
     
    Tuesday, May 9 Chapter 4.0 Mercury Impaired Waters in Illinois
    Chapter 5.0 Deposition of Mercury
    Chapter 9.0 Economic Modeling
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, APRIL 3, 2006
     
    3
     
    Wednesday, May 10 Chapter 6.0 Regulatory Activities – Federal and
      
      
    Other States
    Chapter 7.0 Illinois Mercury Emissions
    Standards for Coal-Fired Electric
    Generating Units
     
    Thursday, May 11 Chapter 8.0 Technical Feasibility of Controlling
    Mercury Emissions from Coal-Fired
    Power Plants in Illinois
    Chapter 10.0 Other Relevant Issues and Additional
    Considerations
     
    In the event that questions on one topic area do extend beyond the allotted day, it is
    suggested that that line of inquiry be continued at the start of the following day. As can be seen,
    the suggested order of topics largely follows the order of the TSD. This is both logical and will
    allow most outside experts to finish testifying on Tuesday. If essential questions arise that can
    only be answered by a particular expert witness who has already testified, the Illinois EPA
    suggests that the witness be allowed to respond with written answers.
    This arrangement ensures that the flow of questioning proceed in an orderly fashion and
    follow a logical order. It further provides that all parties can prepare for the same topics at the
    same time. As the point of a public hearing is to gather information, this system will reduce
    confusion over the content and direction of questioning. Finally, it conserves scarce State
    resources in a time of budget concern.
    WHEREFORE, for the reasons set forth above, the Illinois EPA moves that the Hearing
    Officer enter an order setting the guidelines and format of the first hearing as indicated above.
    Respectfully submitted,
     
    ILLINOIS ENVIRONMENTAL
     
      
      
      
      
      
      
    PROTECTION AGENCY
     
      
      
      
      
      
     
      
      
      
      
      
      
    By:/s/____________________
    Charles E. Matoesian
    Assistant Counsel
    Division of Legal Counsel
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, APRIL 3, 2006
     
    4
    DATED: April 3, 2006
     
    1021 North Grand Avenue East
    P. O. Box 19276
    Springfield, IL 62794-9276
    217/782-5544
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, APRIL 3, 2006
    STATE OF ILLINOIS )
      
      
      
      
      
      
    ) SS
    COUNTY OF SANGAMON )
     
      
      
      
      
      
    )
     
    CERTIFICATE OF SERVICE
     
    I, the undersigned, an attorney, state that I have served electronically the attached
    MOTION CONCERNING GUIDELINES AND FORMAT OF FIRST HEARING upon
    the following person:
    Dorothy Gunn
    Clerk
      
      
      
    Illinois Pollution Control Board
    James R. Thompson Center
    100 West Randolph St., Suite 11-500
    Chicago, IL 60601-3218
     
      
    and mailing it by first-class mail from Springfield, Illinois, with sufficient postage affixed
    to the following persons:
     
      
    SEE ATTACHED SERVICE LIST
     
      
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
     
      
      
      
      
      
      
      
      
      
      
     
      
      
      
      
      
      
    /s/__________________________
     
      
      
      
      
      
      
    Charles E. Matoesian
    Assistant Counsel
    Division of Legal Counsel
     
    Dated: April 3, 2006
     
    1021 North Grand Avenue East
    Springfield, Illinois 62794-9276
    (217) 782-5544
     
     
     
     
     
     
     
     
     
     
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, APRIL 3, 2006
    SERVICE LIST 06-25
     
    Marie Tipsord
    Hearing Officer
    Illinois Pollution Control Board
    James R. Thompson Center
    100 West Randolph St., Suite 11-500
    Chicago, IL 60601-3218
     
    James T. Harrington
    David L. Rieser
    McGuire Woods LLP
    77 West Wacker, Suite 4100
    Chicago, IL 60601
     
    Bill S. Forcade
    Jenner & Block LLP
    One IBM Plaza
    Chicago, IL 60611
    William A. Murray
    Special Assistant Corporation Counsel
    Office of Public Utilities
    800 East Monroe
    Springfield, IL 62757
     
    S. David Farris
    Environmental, Health and Safety
    Manager
    Office of Public Utilities
    City of Springfield
    201 East Lake Shore Drive
    Springfield, IL 62757
     
    Faith E. Bugel
    Howard A. Lerner
    Meleah Geertsma
    Environmental Law and Policy Center
    35 East Wacker Drive
    Suite 1300
    Chicago, IL 60601
     
    Keith I. Harley
    Chicago Legal Clinic
    205 West Monroe Street, 4th Floor
    Chicago, IL 60606
     
    Christopher W. Newcomb
    Karaganis, White & Magel, Ltd.
    414 North Orleans Street
    Suite 810
    Chicago, IL 60610
     
    Katherine D. Hodge
    N. LaDonna Driver
    Hodge Dwyer Zeman
    3150 Roland Avenue
    Post Office Box 5776
    Springfield, IL 62705-5776
     
    Kathleen C. Bassi
    Sheldon A. Zabel
    Stephen J. Bonebrake
    Joshua R. More
    Glenna L. Gilbert
    Schiff Hardin LLP
    6600 Sears Tower
    233 South Wacker Drive
    Chicago, IL 60606
     
     
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, APRIL 3, 2006

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