ILLINOIS POLLUTION CONTROL BOARD
May 19, 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
This hearing officer order will address two pending motions and explain a procedural issue
relating to the publication of the second first notice in this rulemaking
.
Emergency Motion
On May 18, 2006, Ameren Energy Generating Company, Amerenenergy Resources
Generating Company, Dynegy Midwest Generation, Electric Energy Incorporated, Kincaid
Generation, L .L.C
. and Midwest Generation (Utilities) filed an emergency motion with Board
.
The Utilities ask that the deadline for prefiling questions for the June 12, 2006 hearing be
suspended and that a prehearing conference call be scheduled on Wednesday, May 24, 2006
. On
May 19, 2006, the Illinois Environmental Protection Agency (Agency) filed a response in
opposition to the motion
.
RE
C EIVED
Mr-"
,y I 2006
Pollution
STATE OF
Control
ILLINOISBoard
In essence this issue has arisen because the Agency indicated to the Utilities an intention
to revise the testimony of Dr
. James Staudt that was prefiled on April 27, 2006
. By hearing
officer order, questions for the Agency's witnesses are due to be filed today, May 19, 2006
. The
Agency has expressed that it does not object to allowing revisions of any prefiled questions, but
that all prefiled questions should be filed on May 19, 2006
. The Utilities argue that time is
needed to evaluate the revisions to Dr
. Staudt's testimony and to revise their questions in
response to the new testimony
.
After reviewing the arguments, I agree that the revision of Dr
. Staudt's testimony requires
a modification of the prefiling deadline for questions of Agency witnesses
. However, I disagree
that any revisions to Dr
. Staudt's testimony require a suspension of the deadline for prefiling all
questions
. Although it is unreasonable to expect participants to provide questions for testimony
that the participants have not yet reviewed, prefiling questions for the remaining Agency
witnesses is reasonable
. Therefore, I will suspend the deadline for prefiling of questions for Dr
.
Staudt and those questions need not be filed today, May 19, 2006
. However, any questions for
the remaining Agency witnesses must be prefiled today, May 19, 2006
. I will also allow leave to
amend or withdraw, at hearing, any questions prefiled today, that the participants find need to be
amended or withdrawn after reviewing Dr
. Staudt's testimony .
To establish a new deadline for prefiling questions for Dr
. Staudt, to attempt to identify
and limit issues of disagreement among the participants, and to promote efficient use of hearing
2
time (35 Ill
. Adm. Code 102 .404(b) and 102
.406(c)), I am scheduling a prehearing conference
call
. The call will be held at 10
:00 AM, Wednesday, May 24, 2006
. Anyone wishing to
participate should contact the hearing officer by Tuesday, May 23, 2006 at 3
:00 PM. To
participate, individuals may :
I .
Appear at the Board's office at 100 W
. Randolph St
. Suite 11-500, Chicago,
Illinois; or,
2 .
Phone 1-800-559-0872 and type in the Pass Code 8798963#
May 12, 2006 Motion
On May 12, 2006, Dynegy Midwest Generation, Kincaid Generation, L
.L .C
. and Midwest
Generation filed a motion to withdraw a motion filed with the Board on May 9, 2006
. On May
11, 2006, the hearing officer entered an order denying the May 9, 2006 motion as moot
.
Therefore, the motion to withdraw is also moot and is denied as such
.
Second First Notice Publication
On May 19, 2006, a second first notice for this proposed rule was published in the
Illinois
Register . See
30111. Reg . 9281 (May 19, 2006)
. The notice pages for that first notice indicated that
the Board was proposing the rule pursuant to Section 27 of Environmental Protection Act (Act)
(415 ILCS 5/27(b) (2004))
. However, due to a scrivener's error, the authority note following the
Table of Contents in the actual rule references both Sections 9
.10 and 28
.5 of the Act . A notice of
correction will be published in the June 2,
2006 Illinois Register
indicating that the main authority
note should read "implementing and authorized by Section 27 of the Environmental Protection
Act [415 ILCS 5/27]"
. As a result of the notice of correction, the first notice period for the
proposed rule will restart on June 2, 2006
. See 1 111
. Adm. Code 100.240(a)
.
IT IS SO ORDERED
.
arie E
. Tipsord, earing 0 icer
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
(312) 814-4925
tipsorm<t)ipcb.state. it.us
