ILLINOIS POLLUTION CONTROL BOARD
April 28, 2006
IN THE MATTER OF
:
)
PROPOSED NEW 35 ILL. ADM. CODE 225
)
R06-25
CONTROL OF EMISSIONS FROM LARGE
)
(Rulemaking - Air)
COMBUSTION SOURCES (MERCURY)
)
HEARING OFFICER ORDER
On April 26, 2006, a pre-hearing videoconference was held between Springfield and
Chicago to attempt to identify and limit issues of disagreement among the participants to
promote efficient use of hearing time . 35 Ill. Adm. Code 102.404(b) and 102.406(c). In
attendance was the Illinois Environmental Protection Agency (Agency), representatives for: (1)
Ameren Energy Generating Company, AmerenEnergy Generating Company, and Electric Energy
Inc
.; (2) Dynegy and Midwest Generation, (3) Kincaid Generation, L.L.C . ; and (4) Illinois
Environmental Regulatory Group .
RECEIVED
CLERKSO
APR 2 8 2006
STATE OF ILLINOIS
Pollution Control Board
The pre-hearing conference addressed the Agency's motion concerning the order of the
hearing, the schedule for the first hearing, and the availability of an expert witness
. Also the pre-
hearing conference addressed general issues concerning all the hearings . I will set forth the
decisions reached on these issues below beginning with general issues and then addressing the
specifics of the Agency's motion
.
Generally, the participants were notified that the hearing rooms in Chicago and
Springfield had been reserved for ten working days in anticipation of the hearings proceeding for
that length of time. Also, the hearing transcripts are being expedited to ensure that the transcripts
are available for the preparation of testimony for the succeeding hearings . The testimony will be
taken as if read and
brief
summaries will be allowed if a witness insists ; however, I prefer we
begin with cross-examination immediately
.
The May 8 hearing is reserved for the Agency's presentation of its case so no other
participant can testify. However, anyone may ask questions of the Agency . Persons who do not
prefile for the June 5 hearing will only be allowed to testify if time permits at the close of all
prefiled testimony. The same is true of anyone wishing to make an oral public comment . I urge
anyone wishing to testify to prefile to ensure your ability to testify. As a reminder, anyone may
file a written public comment with the Board
.
As to the more specific issues, the first issues raised in the Agency's motion concerned
the order and schedule of the first hearing. As indicated at the pre-hearing conference, the first
and second hearings will begin on May 8 and June 5, respectively, at 1 :00 PM. After the first
days, the first and second hearings will continue day-to-day beginning each day at 9 a.m., unless
specified otherwise by the hearing officer. The hearings will proceed until 5 :00 p.m. day-to-day,
unless otherwise specified by the hearing officer
.
2
The order of the first set of hearings will follow that set forth by the Agency's motion and
repeated below, using the technical support document as a guide. The Agency may change the
order of the testimony prior to the start of the May 8 hearing, based on suggestions made at the
pre-hearing conference. The Agency will tie the provisions of the technical support document to
relevant sections of the proposed rule. The first hearing will proceed as follows
:
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 9.0
Economic Modeling
Chapter 6.0
Regulatory Activities - -Federal and other States
Chapter 7 .0
Illinois Mercury Emissions Standards for Coal Fired
Power Plants in Illinois
Chapter 8 .0
Technical Feasibility of Controlling Mercury
Emission from Coal Fired Power Plants in Illinois
Chapter 10.0
Other Relevant Issues and Additional
Considerations
Also as discussed at the pre-hearing conference, we will attempt to cover all questions on a topic
before proceeding. However, if necessary, and I will rule on this as it arises, we will go back to a
topic
.
The order for the second hearing was also discussed and it was generally decided that the
second hearing would begin with testimony from those in support of the Agency's proposal
.
That testimony will be followed by testimony opposing the Agency's proposal . This order will
be revisited at the close of the May 8th hearings .
The Agency also noted in its motion that Dr . Deborah Rice is available during the week
of May 8-12 only on May 8 . As discussed at the pre-hearing conference, Dr . Rice will be
available the week of May 15 and will return that week if additional questioning is necessary.
IT IS SO ORDERED
.
rr
Marie E. Tipsord, Hearing Officer
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
(312) 814-4925
tipsorma.ipcb.state . il .u s
