RECEVD

ILLINOIS

POLLUTION

CONTROL BOARD

CLERK’S

OFFICE

December 23,

2008

232008

IN THE

MATTER OF:

)

STATE

ILUNOIS

PoUuton

Control

Board

AMENDMENTS

35 ILL. ADM. CODE

)

R09-10

225:

CONTROL OF

EMISSIONS FROM

)

(Rulemaking - Air)

LARGE

COMBUSTION

SOURCES

)

(MERCURY

MONITORING)

)

NOTICE

OF RESCHEDULED

HEARING

DATE,

TIME, AND

LOCATION:

TUESDAY,

FEBRUARY

10, 2009

9:00AM

James R. Thompson

Center

100 W. Randolph

St.

Room 11-512

(Illinois Pollution

Control

Board

Videoconference

Room)

Chicago,

Illinois

PURPOSE

OF HEARING:

Merit and Economic

ATTENDING

BOARD

MEMBER:

Andrea

Moore

HEARING OFFICER:

Timothy

Fox

HEARING OFFICER

ORDER

On October 3,

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 recreate

certain

monitoring provisions

the federal

Clean Air Mercury

Rule (CAMR),

which

was recently vacated

a federal

court,

and

add those provisions to

Illinois’ mercury

rule. In an order

dated

November

5, 2008, the Board

accepted the

Agency’s

proposal, granted

the

Agency’s

motion for expedited

review,

and

directed

the Clerk to cause Illinois

publication of the proposal

for first

notice without

commenting on the

substantive merits

of the proposal.

order

dated

November

7, 2008, the

hearing officer scheduled

two

hearings:

the

first

Wednesday,

December 17, 2008,

Springfield,

and

the second

on Tuesday, January

13,

2009, in

Chicago. At the conclusion

of the

first hearing, and

without opposition

from any

of the

participants

present,

the Board

postponed the

second hearing

in order

allow

sufficient time

for

the filing of

various documents,

including responses

to questions

posed

to the

Agency

on the

In comphanee

with

the Americans with Disabilities

Act and other

applicable

lederal

and

State

laws,

the hearing

will

be accessible

individuals

with

disabilities.

Persons requiring auxiliary aids

and services should

contact

John

Therriault,

Assistant Clerk of the Board,

100 West

Randolph

St..

Suite 11—500. Chicago,

Illinois

60601. at telephone number

312/813-6931,

thx

number

312/814—3669.

TD[)

number 312/814-6032.

five

days prior

to the

hearing.

record

and

a second

errata

sheet.

Consequently,

the hearing originally

scheduled

to take place

on Tuesday,

January 13, 2009,

is cancelled.

The

Board will conduct

the

hearing

in order to receive

testimony

on the merits and

economic

impact of the

Agency’s

rulemaking proposal.

hearing,

all persons who testify

will

be sworn

and

subject to questioning.

As indicated

above in

the

notice of rescheduled

hearing,

the

second hearing

will now take place

on Tuesday,

February 10, 2009,

in Chicago.

Pre-Filing

Deadlines

Participants

who intend

to testify at 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.

Before

filing pre-filed

testimony

any other

document

with the Clerk,

please check

with

the Board’s

Clerk to obtain the

most

recent

version of the Service

List.

At the

conclusion of the

first hearing,

and without opposition

from any

of the participants

present,

the hearing

officer

established

pre-hearing

deadlines.

First, the deadline for

the

Agency

to submit its responses

to questions

raised

the record and reflected

in the transcripts

of the

first hearing

and its errata sheet

is Wednesday,

January 14,

2009. Second, the deadline

for any

participant

to pre-file testimony

for

the second

hearing is Monday

February

2009.

The

“mailbox rule”

at 35 Ill. Adm.

Code

101

.300(b)(2)

does not apply

to the filing

any

of these

pre-hearing filings.

The Board’s

Clerk

must receive

these documents

before

the

business on the specified

date. Although

documents may

be filed

electronically

through

the

Clerk’s

Office On-Line

(COOL) from

the Board’s Web

site

at www.ipcb.state.il.us,

all

electronic

or approved fax filings

must be received

the

Clerk’s Office no later

than

4:30

on the

due

date.

Any questions

about electronic

filing through

COOL

should

be directed to the

Clerk’s

Office

(312) 814-3629.

Pre-Hearing

Conference

Call

At the

conclusion of the first

hearing,

participants

sought

a pre-hearing conference

call,

and the hearing officer

agreed

to schedule a such a call

Monday,

January 12, 2009

at 10 AM.

Any

participant

wishing

to take part in

that conference call

must notify

the hearing officer

at foxt(ipcb.state.il.us

4:30

PM on Thursday,

January

2009. After

determining the

number of

participants

wishing to

take

part and

arranging for that number

of callers,

the hearing

officer will e-mail

dialing

instructions

for taking

part in that call.

Order of Hearing

the second hearing,

all pre-filed

testimony

will

be entered into

the record as if read.

See

Ill. Adm. Code 102.424(f).

A brief

summary

of testimony will be

allowed

if a

witness

wishes to provide one

before responding

to questions.

The Board will

determine the

order in which it will

hear the testimony

of witnesses

who

have

prefiled testimony

on February 10,

2009

before

the hearing

begins. Participants

who

do not

pre-file

testimony for

this additional

hearing will be

allowed

to testify

as time permits

after

the

conclusion

of pre-filed

testimony

and

questions

based

upon it.

Any

participant who

wishes to offer a

public comment

will

be allowed to

so if time

permits at

the close of the testimony

and questions

based

upon

it. The Board’s

procedural

rules

also

include

an opportunity

to file

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

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.

Interested persons

may

now

request electronic

notice of filings

providing

their e-mail

address

through

COOL

under this

docket number R09-10.

Electronic

notice includes

notice

the filing of documents

that are not

typically

provided

to persons on the

Notice

List.

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

more information

about

the option

electronic

notice

or COOL,

please

consult

either the

Board’s Web

site

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