ILLINOIS

POLLUTION

CONTROL

BOARD

ECVED

CLERK’S

OFFICE

November

2008

NOV

Ii 72008

THE MATTER

OF:

)

STATE

IWNOIS

)

?ollution

Control

Board

AMENDMENTS

1035 ILL.

ADM.

CODE

)

R09-10

225:

CONTROL

OF EMISSIONS

FROM

)

(Rulemaking

- Air)

LARGE

COMBUSTION

SOURCES

)

(MERCURY

MONITORING)

)

NOTICE

HEARINGS

DATES,

TIMES,

AND

LOCATIONS:

FIRST

HEARING:

WEDNESDAY,

DECEMBER

17,

2008

9:00AM

Illinois

Environmental

Protection

Agency

Office

Building

Training

Room,

1214

West

1021

Grand

Ave. East,

North Entrance

Springfield,

Illinois

SECOND

HEARING:

TUESDAY,

JANUARY

13, 2009

11:00AM

James

Thompson

Center

100

Randolph

Street

Room

11-512

(Illinois

Pollution

Control

Board

Videoconference Room)

Chicago,

Illinois

PURPOSE

OF HEARINGS:

Merit and

Economic

ATTENDING

BOARD

MEMBER:

Andrea

Moore

HEARING

OFFICER:

Timothy

Fox

HEARING

OFFICER

ORDER

On October

2008,

the

Board

received

from

the

Illinois

Environmental

Protection

Agency

(Agency)

a proposal

to amend

Part

225

of the Board’s

air

pollution

regulations

(35

Ill.

Adm. Code

225). Generally,

the

Agency proposes

to amend

those

regulations

by recreating

certain monitoring

provisions

the federal

Clean

Air

Mercury

Rule (CAMR),

which

was

recently

vacated

a federal

court,

and

adding

those provisions

Illinois’ mercury

rule.

In an

order

dated

November

2008,

the Board

accepted the

Agency’s

proposal

for hearing,

granted

the Agency’s

request

for

waiver

of specified

copy

requirements,

and

granted

the

Agency’s”

compliance

with

the

Americans

with

I)isabilities Act

and other

applicable

federal

and State laws,

the hearing

will

accessible

individu&s

with

disabilities.

Persons

requiring

auxiliary

aids and

services should

contact John Therriauh,

Assistant

Clerk

the

Beard, at 100 West

Randolph

St..

Suite

II 500:

(Thg, illinois

60601. at telephone

number

2/814-6931, lbx

number 312/814-3669.

TDI)

number 31 2/814-6032.

five

days prior

the hearing.

motion for expedited

review.

In the

same

order, the Board

directed its Clerk

to cause

Illinois

publication of the Agency’s

proposal

for first notice

without

commenting on the

substantive

merits of the proposal.

The

Board also

directed the hearing

officer to expeditiously

schedule

and

proceed

to hearing in

this matter.

The

Board

will conduct two

hearings in

order

to allow

the Agency as

proponent and any

other interested participants

the

opportunity

to present testimony

on the merits

and

economic

impact of the

rulemaking proposal.

At the

two hearings, all

persons

who

testify will be sworn

and subject

to questioning. The

Board will

also

receive

any testimony

on any economic impact

study (EcIS)

conducted

the Department

of Commerce

and Economic Opportunity

(DCEO)

the

proposed

rules or on DCEO’s

decision

not to perform

an EcIS.

setting hearing dates,

the Board has

considered

and accommodated

its general

workload and

the

numerous

days of

rulemaking

hearings

now scheduled.

As indicated

above in

the notice

of hearings, the first

hearing

will

take

place in

Springfield on Wednesday,

December

17, 2008, and

the second hearing

will take

place in Chicago

on Tuesday,

January 13, 2009.

Pre-Filin2

Deadlines

Participants

who

intend

to testify

at hearing are urged

to pre-file their

testimony and

directed

to serve any pre-filed

testimony on

the

hearing

officer and all

persons on the Service

List in

this proceeding. Before

filing

pre-filed

testimony

or any other document

with the

Clerk,

please check

with the

Board’s Clerk to

obtain the most recent

version

of the Service List.

Participants who

wish

to testify

at the first

hearing are directed

to pre-file all

of their

testimony and any

related exhibits no

later than Wednesday,

December

3, 2008.

Although

Section 27 of the Environmental

Protection

Act

(415 ILCS 5/27 (2006))

does not

limit the

first

hearing to the testimony

of the

proponent, the hearing

officer presently

intends

to allow the

Agency

as proponent

to present the

testimony

all of its witnesses

before hearing

the

testimony

of other participants

who have pre-filed

testimony.

Nonetheless,

any person

wishing

to testify

the

first

hearing should

pre-file testimony

by the

deadline of

Wednesday, December

2008.

Participants who

wish to testify

at the second

hearing are

directed to pre-file

all

of their

testimony and any

related exhibits no later

than Tuesday,

January

6, 2009.

The “mailbox

rule” at 35 Ill. Adm.

Code 101

.300(b)(2)

does

not apply

the

filing

of any

of this

pre-filed testimony,

and the

Board’s

Clerk

must receive these

documents before

the close

of business on the

specified dates.

However, documents

may be

filed electronically

though

the

Clerk’s Office

On-Line (COOL) from

the Board’s

Web

site

at www.ipcb.state.il.us.

Any

questions

about electronic

filing

through

COOL

should be directed

to the Clerk’s

Office

(312)

814-3629.

Order of Hearings

The

hearing scheduled

to take

place

on December

17, 2008, will beginwith

the

Agency!s:

presentation

of its case as the

proponent. All

pre-filed

testimony

will

enteredintothe

record

as if read.

See 35 Ill. Adm.

Code

102.424(f).

For the first

hearing, a brief

summary of

testimony

will be allowed

if a witness

wishes to provide

one before

responding

to questions from other

participants.

After the

Agency

has

addressed all questions

from other

participants, and if time

permits

before the

conclusion

of the

first hearing, other

participants

who have pre-filed testimony

may

testify.

Participants who do not

pre-file testimony

will be allowed

to testify as

time permits

after

the conclusion

of pre-filed

testimony and

questions based upon

it.

Consequently,

any person

wishing

to testify at the first

hearing is again

urged

to pre-file.

The

hearing

scheduled

to take place

on January

13, 2009 will begin

with participants

who

pre-filed

testimony for the

first

hearing

and were not able

to testify at that

time. Participants

who

pre-filed

testimony

for

the second hearing

will then

present

that testimony.

Any

participant who

wishes to offer

a public

comment

at either hearing

will be allowed

to do so if time

permits at

the close of

pre-filed testimony and

questions

based

upon it. The

Board’s

procedural rules also

include an opportunity

file written post-hearing

comments.

See

35 Ill. Adm.

Code 102.108(b).

The rules also

provide that “[t]he

Board

will

accept written

comments

from any person concerning

the

proposed regulations

during the first

notice

period.”

35 Ill. Adm.

Code 102.604.

Service and Notice

Lists

The Service

List for this rulemaking

is the list

of persons who wish

to participate

actively

in this proceeding and

to receive not

only the Board’s

opinions and orders

but also

other filings

such as pre-filed

testimony and

public comments. The

Notice List

includes participants

who

wish to receive

only the Board’s opinions

and orders

and hearing officer

orders.

The Board

will send a copy

of its November

5, 2008,

order accepting the Agency’s

proposal for hearing

and

this November

10, 2008,

notice of hearings

and hearing

officer order

all entities or

persons who appeared

on either the

Service List

or Notice List in R06-25,

Propbsed

New 35 Ill. Adm.

Code 225:

Control of Emissions

from Large Combustion

Sources (Mercury),

in which

the Board

on December 21,

2006 adopted

Illinois’ mercury

rule.

Because subsequent

opinions

and orders

in this proceeding are

expected to

be lengthy,

the Board will send

copies of those

subsequent opinions

and orders

only to those who

specifically

indicate

that they wish

to remain

either the Service List

or Notice list

in this

docket

R09- 10. Any

entity

person wishing to remain

on either

the Service List

or Notice List

must

provide

the information requested

in the form

attached

to this order as Attachment

A and

return the

form to the Board by

Wednesday,

November 26, 2008.

Please note

that any person

who

has

filed

an appearance

or who files an appearance

will

be automatically

placed on the

service list

and will not be removed

from it.

Note

that interested

persons may now

request

electronic

notice

of filings by providing

their

e-mailaddress through

COOL under

this docket

numberR09-1Q. This

electrdniciiôtice

includes

notice of the filing

of documents that

are not typically

provided

to persons on the

Notice

List.

addition,

COOL

provides

links

documents

filed

with

the

Board, and

those documents

can be viewed,

downloaded,

and

printed

free

of charge

as soon

they are

posted to the

Board’s

Web site.

For more

information

about the

option of

electronic

notice

COOL, please

consult

either

the Board’s

Web

site at

www.ipcb.state.il.us

or John

Therriault,

the

Board’s

Assistant

Clerk,

(312) 814-3629.

IT IS

ORDERED.

Timothy

J. Fox

Hearing Officer

Illinois

Pollution Control

Board

100 W. Randolph

St.,

Suite 11-500

Chicago,

Illinois

60601

312-814-6085

foxt(ipcb.

state.il.us

ATTACHMENT

To Hearing

Officer

Order of

November

10, 2008

In the

Matter of:

Proposed

Amendments

to 35

Ill.

Adm. Code

225:

Control

of Emissions

from

Large

Combustion

Sources

(Mercury

Monitoring)

(R09-10)

In order

to ensure

that all

interested

participants

in this proceeding

appear

they

wish

either

the

Service

List or

the Notice

List, please

return the

form

below

indicating

the list on

which

you

wish

placed. As

indicated

in the order

above, the

Board

will send

copies

subsequent

opinions

and

orders

this

docket

only to those

who

specifically

indicate

on this

form

that they

wish

remain on

either the

Service List

or Notice

list.

Anyone who

has already

filed

appearance

or who

files an

appearance

will be automatically

placed on

the Service

List

and

will not

be removed.

In R09-10,

I wish to

be placed

on the

Notice

List

Service List.

Name:

Business/Organization:

Address:

City,

State, Zip:

PLEASE

RETURN

THIS

FORM

BY WEDNESDAY,

NOVEMBER

26, 2008

TO:

Lynn

Patras,

Illinois

Pollution

Control

Board

E-mail:

patrasl@ipcb.state.il.us

Fax:

312-814-3669

Mail

Hand

Delivery:

100 W.

Randolph

St.,

Suite 11-500

James

Thompson

Center

Chicago,

IL 60601