ILLINOIS

POLLUTION

CONTROL

BOARD

CLERK’S

CVD

OFFICE

November

2008

NOV

072008

IN THE

MATTER

OF:

)

STATE OF

iLUNOIS

)

Pollution

Control

Board

AMENDMENTS

35 ILL.

ADM.

CODE

)

R09-10

225:

CONTROL

EMISSIONS

FROM

)

(Rulemaking

- Air)

LARGE

COMBUSTION

SOURCES

)

(MERCURY

MONITORING)

)

NOTICE

OF 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 R.

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

October

2008, the

Board

received

from

the

Illinois

Enviromnental

Protection

Agency

(Agency)

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

of the

federal

Clean

Air

Mercury

Rule

(CAMR),

which

was

recently

vacated

federal

court,

and

adding

those

provisions

Illinois’

mercury

rule.

In an

order

dated

November

5, 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

vth Disabilities

Act

and other

applicable

federal

and

State laws, the

hearing

will

accessible

to individuals

with

disabilities.

Persons

requiring

auxiliary

aids and services

should contact

John Therriauh,

Assistant

Clerk

the Board,

at 100 West

Randolph

St..

Suite

11-500. Chicago,

Illinois

60601. at telephone

number 312/813-6931,

fax number

312/814-3669.

T[)I)

number

312/814-6032.

five

days prior

to the

heartng.

motion

for expedited

review.

In the

same order,

the Board

directed

its Clerk

cause Illinois

publication

of the

Agency’s

proposal

for

first

notice

without

commenting

on the

substantive

merits

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

the

merits and

economic

impact

the

rulemaking

proposal.

At the two

hearings,

all persons

who

testify

will be sworn

and subject

questioning.

The Board

will

also

receive

any testimony

any economic

impact

study

(EcIS) conducted

the

Department

Commerce

and Economic

Opportunity

(DCEO)

the proposed

rules or

on DCEO’s

decision not

perform

an EcIS.

setting

hearing dates,

the

Board has

considered

and

accommodated

its

general

workload

and

the

numerous days

rulemaking

hearings

now scheduled.

As indicated

above

the notice

hearings,

the

first hearing

will

take

place in Springfield

Wednesday,

December

17, 2008,

and

the

second

hearing

will

take

place in

Chicago

on Tuesday,

January 13,

2009.

Pre-Filing

Deadlines

Participants

who intend

to testify

hearing

are

urged

to pre-file

their testimony

and

directed

to serve

any

pre-filed

testimony

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

the Service

List.

Participants

who

wish to testify

the

first hearing

are directed

pre-file

all of

their

testimony

and any

exhibits

no later

than Wednesday,

December

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

present the

testimony

of 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

the deadline

of Wednesday,

December

2008.

Participants

who

wish to testify

at the

second hearing

are

directed

to pre-file

all

their

testimony

and any

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

any

of this

pre-filed

testimony,

and the

Board’s

Clerk

must

receive these

documents

before

the

of business

on the specified

dates.

However,

documents

may

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

directed

the

Clerk’s

Office

at (312)

814-3629.

Order

of Hearings

The hearing

scheduled

take

place on

December

17, 2008,

will begin

with

the Agency’s

presentation

of its

case

the

proponent.

All pre-filed

testimony

will beenteredintothe

record

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

the

first hearing,

other

participants

who have pre-filed

testimony

may

testify.

Participants who

not pre-file

testimony will be

allowed to

testify as time

permits

after

the

conclusion

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

to file written post-hearing

comments.

See

35 Iii.

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

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

either the Service List

or Notice

List

in R06-25, Proposed

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

on either the Service

List

Notice list in this

docket R09-

10. Any entity or

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

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

number

R09-l0.

This ë1ectrc$nicnbtice

includes notice of the

filing

of documents

that are

not typically provided

personsontheNotice:

List.

In addition,

COOL

provides

links to documents

filed with

the Board, and those

documents

can be viewed,

downloaded, and

printed

free

of charge as

soon as they are posted

to the

Board’s

Web site. For

information

about

the option of electronic

notice or COOL,

please consult

either

the

Board’s Web site at

www,ipcb,state.il.us

or John

Therriault,

the Board’s Assistant

Clerk,

at (312) 814-3629.

IT IS

ORDERED.

Timothy J. Fox

Hearing

Officer

Illinois

Pollution Control

Board

100W.

Randolph

St., Suite 11-500

Chicago,

Illinois 60601

312-814-6085

foxt@ipcb.state.il.us

ATTACHMENT

To Hearing

Officer Order

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 as they wish

either the Service List

or the Notice List, please return

the form below indicating the

list on

which

you wish to be placed. As indicated

in the order above,

the Board will send copies

subsequent opinions

and orders in this docket only

to those who specifically indicate

on this

form that

they wish to remain on either

the Service List or Notice

list. Anyone who has already

filed

an 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

List OR

Service List.

Name:

Business/Organization:

Address:

City, State, Zip:

PLEASE RETURN THIS FORM

WEDNESDAY,

NOVEMBER

26, 2008 TO:

Lynn Patras, Illinois Pollution Control

Board

E-mail:

patrasi@ipcb.state.il.us

Fax:

312-814-3669

Mail or Hand Delivery:

100

Randolph St., Suite 11-500

James R.

Thompson

Center

Chicago, IL 60601