BEFORE

THE ILLINOIS POLLUTION

CONTROL BOARD

THE MERIT AND ECONOMIC

HEARING BEFORE

THE

ILLINOIS

POLLUTION CONTROL

BOARD, taken

in the

above—entitled

case before Ann Marie

Hollo, CSR, RPR,

RMR,

and Notary

Public for Montgomery

County,

State of Illinois,

before HEARING OFFICER

CAROL WEBB,

1:00

o’clock P.M.,

July 23, 2009,

at the IEPA Office

Building, Room 1244N,

First Floor,

1021 North Grand

Avenue East,

Springfield,

Illinois 62794.

Keefe Reporting

Company

11 North

44th Street

Belleville, Illinois

62226

(618) 277—0190

(800)244—0190

THE MATTER OF:

NITROGEN OXIDE,

(NOx) TRADING

PROGRAM

SUNSET PROVISIONS FOR

ELECTRIC GENERATING

UNITS (EGU5)

NEW

35 ILL. ADM. CODE 217.751

ECEvEQ

CLERK’S

OFFICE

JUL

2009

R 09—20

Pollution

STATE

Control

ILLINOIS

Board

(Rulemaking

- Air)

Keefe Reporting

Company

APPEARANCES:

Illinois

Pollution

Control

Board

100

West

Randolph

Street

Suite

11—500

Chicago,

Illinois

60601

By:

Carol

Webb,

Esq.

Hearing

Officer

with

the Pollution

Control

Board

Illinois

Pollution

Control

Board

Members

Dr.

Shundar

Lin

and

Thomas

Johnson

Illinois

Environmental

Protection

Agency

1021 North

Grand Avenue

East

Springfield,

Illinois

62794

By: Rachel

Doctors,

Esq.

On behalf

of IEPA

ALSO

PRESENT:

David

Bloomberg,

IEPA

Yoginder

Mahajan

INDEX

WITNESS

PAGE

DAVID

BLOOMBERG

Examination

Ms. Doctors

EXHIBITS

NUMBER

MARKED

FOR

IDENTIFICATION

ADMITTED

Exhibit

No.

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Dr. Lin,

would

you like

to make any

opening

remarks?

BOARD MEMBER

DR.

LIN:

Good

afternoon.

behalf

of the Board,

I welcome

everybody

here

the

hearing.

Your

effort

and input

will

useful for our

decision,

and that, we

appreciate.

Okay.

HEARING

OFFICER

WEBB:

Thank you.

Member

Johnson,

would

you like

to make

any

opening

remarks?

BOARD MEMBER

JOHNSON:

No.

Thank you.

HEARING

OFFICER

WEBB:

At this

point,

would

to ask the

Agency to

please

make its

appearance

on the record.

MS.

DOCTORS:

My name is

Rachel Doctors,

and

I’m representing

the Agency.

And

today

with

me, I have

David

Bloomberg

who

has

pre-submitted

testimony,

and Yoginder

Mahajan,

who

testified

the

last hearing.

Also

have

Jacqueline

Sims,

who works

in the

compliance

section

with

the

nox

allowances

case

there’s

some additional

questions.

HEARING

OFFICER WEBB:

Thank

you very

much. I will

note

for

the

record that

the

Agency

personnel

are

the

only

people

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informed Ms.

Crowley that

she would

not be

filing

any additional

questions,

and I will

note for the

record Ms. Bassi

is not in

attendance

at today’s

hearing.

On July 10, 2009,

the Agency

pre-filed

the

testimony of

another witness,

Mr. David

Bloomberg.

No other testimony

questions

have been

pre—filed.

will

first

take the testimony

Mr.

Bloomberg

and any questions.

Would the

court reporter

please swear

Mr. Bloomberg.

[WHEREUPON

THE WITNESS

WAS SWORN

BY THE

NOTARY

PUBLIC.]

HEARING

OFFICER

WEBB:

Ms.

Doctors.

MS.

DOCTORS:

I’m going

to ask that

David’s

testimony

be admitted

read,

but

first I’m going

to ask him

if he prepared

the

testimony.

DAVID BLOOMBERG,

having been

first duly sworn

by the Notary

Public,

testifies

and says

as follows:

EXAMINATION

MS. DOCTORS:

Did

you prepare

this

testimony?

Keefe

Reporting

Company

Yes.

And

it’

true

to the best

your

knowledge?

Yes.

MS. DOCTORS:

I’d like

to ask

that it

marked

as Exhibit

Number

2 and

admitted into

the record

as if read.

HEARING

OFFICER

WEBB:

Exhibit 2 is

admitted

into

the

record

as if read.

[WHEREBY, EXHIBIT

NUMBER

WAS

ADMITTED

INTO EVIDENCE.]

HEARING

OFFICER

WEBB:

this point, I

would like

ask

if there are

any questions

for Mr.

Bloomberg?

BOARD

MEMBER

JOHNSON:

You’re under

oath,

right,

David?

MR. BLOOMBERG:

Yes.

BOARD MEMBER

JOHNSON:

How did

you lose

all that weight?

Just

kidding.

HEARING

OFFICER

WEBB:

Any

other

questions?

Dr. Lin,

do you have

any questions?

BOARD MEMBER

DR. LIN:

No.

HEARING

OFFICER

WEBB:

No?

Okay.

As I said

before, DCEO

has

not

submitted

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14—day

due

date

under

Section

102.108

would

August

18,

2009.

The

Board

realistically

will

not

take

this

before

the August

20,

2009

Board

meeting.

will

set the

date

for the

end

of the

comment

period.

MS.

DOCTORS:

I would

ask that

-- I’m

going

out of

town.

So that

comments

were

received,

might

not

aware

of them

during

that

last

week

August.

mean,

during

that

week

before.

I’m

out

of town

until

the

18th.

HEARING

OFFICER

WEBB:

Until August

18th?

MS. DOCTORS:

Right.

So unless

they

were

submitted

the

first

week,

which

was unlikely.

HEARING

OFFICER

WEBB:

Wait.

We’ll

discuss

all

this

off

the

record.

MS.

DOCTORS:

I’m

sorry.

HEARING

OFFICER

WEBB:

That’s

okay.

MR.

BLOOMBERG:

I was

going

bring

up;

is it

-— I mean,

it really

going

to take

until

August

4th to

get the

transcript

of 10

minutes?

HEARING

OFFICER

WEBB:

Well,

that’s

when

it’s

due by

contract.

don’t know

when

will

actually

be.

Keefe

Reporting

Company

THE REPORTER:

Probably

few

days.

HEARING

OFFICER

WEBB:

Okay.

MR.

BLOOMBERG:

If we could

make

earlier

rather

than

later.

HEARING

OFFICER

WEBB:

Oh.

Well,

it has

to be

—— I’d

rather

hold it

over for

a week

that’s

okay,

can make

it later.

MS. DOCTORS:

The 27th

would

work

better.

HEARING

OFFICER

WEBB:

The

27th?

Then

would

just

be --

it would

have

bumped

the next

Board

meeting,

which

would

September

MS.

DOCTORS:

Which

is fine.

HEARING

OFFICER

WEBB:

that okay

with

everybody?

This

not

a --

yeah,

just

needs

be adopted.

MS.

DOCTORS:

November.

HEARING

OFFICER

WEBB:

And that

would

still

be -—

would that

put

it on

the

—-

yeah,

think

that

would still

doable.

Well,

I’ll

just go

ahead and

set

it.

And

she needs

another

hearing

officer

order

changing

it,

she

can

do it.

But what

date

did

you suggest?

The

27th?

MS.

DOCTORS:

The

27th.

Keefe

Reporting

company

MR.

BLOOMBERG:

When

is your vacation?

MS. DOCTORS:

It’s

the 9th through

the

18th.

MR. BLOOMBERG:

If we

have it in

a few

days.

MS. DOCTORS:

My problem

is somebody

else

is going

to file

comments,

and they’re

going

wait

for

the

last second.

MR.

BLOOMBERG:

No,

no,

no.

I’m

just

trying

to think. There’s

way

to do it when

you’re not

on vacation.

MS.

DOCTORS:

If we

get them in by

the

27th,

then would

you have them

time

for the

third

board meeting?

The

comments? Or

do you

need

them -—

how far in advance

of that

Board

meeting

the 3rd do

you need them?

HEARING

OFFICER

WEBB:

Well,

that’s not

really

a question

I can answer

because I’m

not

the person

doing

the work.

Well, I’ll

do this. I’ll

set it

for the

27th.

If the hearing

officer

can’t

-- if that

doesn’t work

for her,

we’ll

you know, she

can issue

an additional

hearing

officer

order.

MS. DOCTORS:

The 18th

is a Tuesday.

What

if we

just made

the comments

due

the 20th,

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NOTARIAL

CERTIFICATE

ANN

MARIE

HOLLO,

Certified

Shorthand

Reporter

for

the

State

Illinois,

CSR#

084—003476,

and

duly

commissioned

Notary

Public

within

and

for

the

State

Illinois,

hereby

certify

that

there

came

before

the

office

the

Illinois

Environmental

Protection

Agency,

1021

North

Grand

Avenue

East,

Springfield,

Illinois,

HEARING

THE

MATTER

09-20,

RULEMAKING

HEARING,

that

said

hearing

was

reduced

writing;

and

this

transcript

true

and

correct

record

the

proceedings.

further

certify

that

neither

attorney

nor

counsel

for

nor

employed

any

the

parties

the

action

which

this

hearing

taken;

further,

that

not

relative

employee

any

attorney

counsel

employed

the

parties

hereto

financially

interested

this

action.

WITNESS

WHEREOF,

have

hereunto

set

hand

and

seal

July

27,

2009.

commission

expires

April

2010.

jy1flavfr

Notary

Public

“OFFICIAL

SEAL”

ANN

MARIE

HOLLO

NOTARY

PUBUc—STATE

ILUNOTS

MYCOMMISSIONEXPTRESApRIL5

2010

Keefe

Reporting

Company