ILLINOIS POLLUTION CONTROL BOARD
August 2, 2006
AUG 0 4 2006
IN
THE MATTER OF
:
)
Pollution OControl Boa
ILLINOIS
PROPOSED NEW CAIR S02, CAIR NO, )
R06-26
ANNUAL AND CAIR NO, OZONE SEASON)
(Rulemaking- Air)
TRADING PROGRAMS, 35 ILL. ADM .
)
CODE 225, CONTROL OF EMISSIONS
FROM LARGE COMBUSTION SOURCES,
SUBPARTS A,C,D and E
NOTICE OF HEARING
DATES, TIMES, AND PLACES :
FIRST HEARING :
OCTOBER 10, 2006
TO BE CONTINUED DAY TO DAY UNTIL COMPLETED OR
UNTIL OCTOBER 20, 2006
9:00 a.m.
Illinois Environmental Protection Agency Office Building
Training Room, 1214 West
1021 North Grand Avenue East, North Entrance
Springfield, Illinois
SECOND HEARING :
NOVEMBER 28, 2006
TO BE CONTINUED DAY TO DAY UNTIL COMPLETED OR
UNTIL DECEMBER 8, 2006
9:00 a.m .
James R. Thompson Center
Room 2-025
100 West Randolph Street
Chicago, Illinois
PURPOSE OF HEARING: Merit and Economic
ATTENDING BOARD MEMBER:
Thomas E . Johnson
HEARING OFFICER :
John Knittle
In compliance with the Americans with Disabilities Act tad other applicable
federal and State laws. the hearing will be accessible to individuals with
disabilities. Persons requiring auxiliary aids and services should contact Dorothy Gunn . Clerk of the Board, at 100 West Randolph St
., Suite 11-500-
Chicago. Illinois 60601
.
"It
telephone number 312/814-6931, fax number 312/814-3669. or I DD number 312/814-6032, five days prior to the
hearing.
ORIGif' Aj
fECEIVED
CLERK'S OFFICE
2
HEARING OFFICER ORDER
Background
On May 30, 2006, the Board received a rulemaking proposal submitted by the Illinois
Environmental Protection Agency (Agency) that proposes a new Part 225 to reduce intrastate and
interstate transport of sulfur dioxide (SO2) and nitrogen oxide (NO x) emissions from fossil fuel-
fired electric generating units (affected units), on an annual basis and on an ozone season basis of
each calendar year. The Agency proposes the adoption of the Clean Air Interstate Rule (CAIR)
SO2trading program, the CAIR NO, Annual trading program and the CAIR NO x Ozone Season
trading program to accomplish this objective .
On July 20, 2006, the Board issued an order that granted, in part, an Agency motion to
expedite, denied the Agency's motion to hold the hearings in Springfield and Collinsville, and
granted the motion to waive certain filing requirements . In that order, the Board directed that
hearings be scheduled in Chicago and either Springfield or Collinsville, after consultation with
the Agency and other interested parties .
On July 24, 2006, a status conference was held with the Agency and interested parties . A
number of hearing dates were considered. As a result of that status conference, this order will set
two hearings beginning on October 10, 2006 and November 28, 2006, as noted above .
Schedule of Hearings
At the status conference, the Agency asserted that it could prefile its testimony as early as
September 11, 2006, if necessary . In addition, the Agency asserted that it intends to present eight
witnesses at the first hearing and expects its case, including providing answers to questions from
interested parties, will take four days to complete
.
The Agency and any other persons wishing to testify at the first hearing must prefile the
testimony and any related exhibits with the Board, and serve the hearing officer and all persons
on the service list no later than September 22, 2006 . Persons may receive a copy of the service
list by contacting the hearing officer or Nancy Miller at (217) 278-3109 . A prefiling deadline for
the second hearing will be set after the first hearing is completed .
Anyone wishing to testify or submit an oral public comment is urged to prefile testimony
to ensure the ability to testify. Persons who do not prefile, and those seeking to provide an oral
public comment, will only be allowed to do so at the close of the prefiled testimony, if time
permits. As always, anyone may file a written public comment with the Board
.
The hearings will begin at 9 :00 a.m. each day and proceed until approximately 5 :00 p.m.,
unless otherwise specified by the hearing officer . The hearing scheduled to begin on October 10,
2006, will commence with the presentation by the Agency of its case . After the Agency has
answered all questions regarding its case, other persons who have prefiled testimony may testify
.
3
The Board has reserved nine days for each hearing and it is anticipated that any person wishing to
testify will have ample opportunity
.
The November 28, 2006 hearing will be reserved for any person who prefiles testimony
for the October 10, 2006 hearing and was not able to testify, and for those who oppose the
Agency's proposal in whole or in part . As stated, a deadline for prefiled testimony for the second
hearing will be set after the first hearing
.
Additional Considerations
The parties are directed to participate in a final pre-hearing telephone status conference
on September 29, 2006, at 10:00 a.m. The Agency shall initiate the call. At that time, the parties
must be prepared to address any final pre-hearing issues .
This hearing will also be held to fulfill the requirements of Section 27(b) of the
Environmental Protection Act (Act) (415 ILCS 5/27(b) (2004)) . Section 27(b) of the Act
requires the Board to request the Department of Commerce and Economic Opportunities
(DCEO) (formerly Department of Commerce and Community Affairs) to conduct an economic
impact study (EcIS) on certain proposed rules prior to adoption of those rules . If DCEO chooses
to conduct the EcIS, they have 30 to 45 days after such request to produce a study of the
economic impact of the proposed rules. The Board must then make the EcIS, or DCEO's
explanation for not conducting the study, available to the public at least 20 days before a public
hearing on the economic impact of the proposed rules .
On June 28, 2006, the Board requested that DCEO conduct an economic impact study for
the above-referenced rulemakings. To date, the DCEO has not responded to the Board's request
.
In a letter dated April 17, 2003, DCEO stated that it does not have the financial resources to
perform such analyses or contract a private vendor for their completion . DCEO offered the
April 17, 2003 letter as its formal response to all current and future proposed Board rulemakings
and DCEO's statutory obligation to perform an EcIS . Both letters are available for review at the
Board's Chicago Office, James R. Thompson Center, 100 West Randolph, Suite 11-500,
Chicago, Illinois
.
IT IS SO ORDERED.
ohn Knittle
Hearing Officer
Illinois Pollution Control Board
2125 South First Street
Champaign, Illinois 61820
(217) 278-3111
John J. Kim, Assistant Counsel
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Rachel L. Doctors
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Dorothy M. Gunn
Anand Rao
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Suite. 11-500
Chicago, Illinois 60601
William A. Murray
Office of Public Utilities
800 East Monroe, 4th Floor
Municipal Building East
Springfield, IL 62757-0001
S. David Farris, Manager
Environmental, Health and Safety
Office of Public Utilities
201 East Lake Shore Drive
Springfield, IL 62757
David Rieser
McGuire Woods LLP
77 W. Wacker, Suite 4100
Chicago, IL 60601
James T. Harrington
McGuire Woods LLP
77 W. Wacker, Suite 4100
Chicago, IL 60601
RECEIVED
CLERK'S OFFICE
SERVICE LIST
AUG 0 4 2006
(R06-26)
STATE OF
ILLINOIS
Pollution Control Board
Sasha M. Reyes
Baker & McKenzie
One Prudential Plaza, Suite 3500
Chicago, IL 60601
Steven J. Murawski
Baker & McKenzie
One Prudential Plaza, Suite 3500
Chicago, IL 60601
Matthew J. Dunn, Division Chief
Environmental Enforcement
Office of the Attorney General
100 West Randolph Street, 12th Floor
Chicago, Illinois 60601
Virginia Yang
Deputy Legal Counsel
Illinois Department of Natural Resources
One Natural Resources Way
Springfield, IL 62702-1271
Steven C. Whitworth
Supervising Enviromental Scientist
Ameren
1901 Chouteau Avenue
St. Louis MO 63166
Brian Urbaszewski, Director
Environmental Health Programs
American Lung Assn. Metropolitan Chicago
1440 W. Washington
Chicago, IL 60641
Jason Goodwin
Calpine
4100 Underwood
Pasadena, TX 77507
Daniel J. Goodwin
Civil & Environmental Consultants, Inc
.
500 Chesterfield Center, Suite 200
Chesterfield, MO 63017
Julie Johnson
Huff & Huff, Inc
.
512 West Burlington Avenue, Suite 100
LaGrange, IL 60525
Deirdre K. Hirner, Executive Director
IL Environmental Regulatory Group
3150 Roland Avenue
Springfield, IL 62703
Rory Davis
Environmental Protection Engineer
Illinois Environmental Protection Agency
507 S. Lincoln Avenue\
Springfield, IL 62703
Brenda Carter, Project Manager
Illinois Environmental Regulatory Group
3150 Roland Avenue
Springfield, IL 62703
Vicky VonLanken
Illinois Environmental Protection Agency
1021 North Grand Avenue E .
Springfield, IL 62794
Karen Moss
McGuire Woods, LLP
77 West Wacker Drive, Suite 4100
Chicago, IL 60601
Christopher P. Perzan
20 N. Clark Street
Suite 2550
Chicago, IL 60602
Becki Claybom
Regional Representative
Sierra Club
200 N. Michigan Avenue
Suite 505
Chicago, IL 60601
Cynthia Faur
Sonnenschein, Nath & Rosenthal
7800 Sears Tower
233 South Wacker Drive
Chicago, IL 60606-6404
Rima Idzelis
Stateside Associates
2300 Clarendon Blvd. 4th Floor
Arlington, VA 22201
Robert McCarron
Economic Policy Analyst
Minnesota Pollution Control Agency
520 Lafayette Road. No .
St. Paul, MN 55155
