ILLINOIS POLLUTIO CONTROL BO
    January
    25, 2008
    IN THE MATIER OF:
    WATER QUALITY STANDARDS AND
    EFFLUENT LIMITATIO S FOR THE
    CHICAGO AREA WATERWAY SYSTEM
    AND LOWER DES PLAINES RJVER
    PROPOSED AMENDMENTS
    TO 35 ILL.
    ADM. CODE 30 I, 302, 303, and 304
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    ~~©~llW~~
    JAN 252008
    STATE OF
    IWNOIS
    'Ollution
    eontroI
    Board
    R08-9
    (Rulemaking - Water)
    HEARING OFFICER ORDER
    On January 25, 2008, a pre-hearing teleconference was held in response to the request of
    various participants. The following groups were represented:
    Illinois Pollution Control Board
    fllinois Environmental Protection Agency (IEPA)
    Illinois Environmental Regulatory Group
    Midwest Generation, L.L.C.
    Citgo Petroleum Corporation and PDV Midwest, L.L.C.
    Corn Products International, Inc.
    Chemical Industry Council
    of lllinois
    Metropolitan Water Reclamation District
    of Greater Chicago
    Stepan Company
    Thorn Creek Basin Sanitary District
    Exxonmobile Oil Corporation
    Openlands
    Environmental
    Law
    &
    Policy Center, Prairie Rivers Network, Sierra Club
    Southeast Environmental Task Force
    Alliance for Great Lakes
    At this conference numerous participants expressed concerns about the January 22, 2008
    hearing officer'sorder setting forth the schedule
    of the hearing to begin January 28, 2008.
    Specifically, the concerns centered around beginning the questioning
    of IEPA's witnesses by
    starting with the
    IEPA's expert witness Mr. Chris Yoder. The participants believe that a more
    natural order
    of progression for the hearing would be preferable and that general aspects of the
    proposal should be addressed before the more specific questions for Mr. Yoder.
    After significant discussion, I detennined that the hearing schedule should be amended.
    On Monday, January 28,
    we will begin with the IEPA'sopening statements and introduction of
    witnesses. We will then proceed with the questions for the IEPA's witnesses that address the
    proposal generally.
    lfthe IEPA has established that Mr. Yoder will be available for the hearings
    beginning on March 10, 2008, the questioning
    of the [EPA's witnesses will continue with
    general questioning and proceeding with questions for each witness. The progression
    of the
    2
    questions wi
    II
    be to have the witness answer all questions directed to the witness before
    proceeding. However,
    if Mr. Yoder is not available in March, we will discuss at the hearing on
    Monday when to begin questioning Mr. Yoder.
    The order for those asking questions beginning January 28 will be:
    Illinois Environmental Regulatory Group
    Midwest Generation, L.L.C.
    Flint Hills Resources, Joliet Facility
    Citgo Petroleum Corporation and
    PDV Midwest,
    L.L.c.
    Com Products International, Inc.
    Chemical Industry Council
    of Illinois
    Metropolitan Water Reclamation District
    of Greater Chicago
    Stepan Company
    Environmental Law
    &
    Policy Center, Prairie Rivers Network, Sierra Club
    Exxonmobile Oil Corporation
    In addition to discussing the hearings scheduled, I asked that participants be prepared
    to
    provide dates for availability in order to schedule the next set of hearings. I anticipate setting
    additional hearing dates along with prefiling deadlines for the additional hearings after the close
    of hearing next week.
    IT
    IS SO ORDERED.
    arie E. Tipsord
    Hearing Officer
    Illinois Pollution Control Board
    100 West Randolph, Snite 11-500
    Chicago, Illinois
    60601
    (312) 814-4925
    tipsorm@ipcb.state.il.us

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