RECE~VE~
,....Q~LERK’SOFFICE
~4~EE~
27
2004
ST~~~LINOIS
Pollution Co~roI
Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ETHYL PETROLEUM ADDITIVES, iNC.,)
)
Petitioner,
)
)
v.
)
PCBNo.04-113
)
(CAAPP Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE
OF FILING
TO:
Ms.
Dorothy M. Gunn
Carol Sudman, Esq.
Clerk of the Board
Hearing Officer
Illinois Pollution Control Board
Illinois Pollution Control Board
100 West Randolph Street
1021 North Grand Avenue East
Suite 11-500
Post Office Box 19274
Chicago, Illinois
60601
Springfield,
Illinois
62794-9274
(VIA FIRST CLASS MAIL)
(VIA FIRST CLASS MAIL)
(SEE PERSONS ON
ATTACHED
SERVICE LIST)
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of
the Illinois Pollution
Control Board an original and nine copies ofa NOTICE
OF OPEN
WAIVER OF 120-DAYDECISION
DEADLINE,
copies ofwhich are hereby served
upon
you.
Respectfully submitted,
ETHYL PETROLEUM ADDITIVES, INC.
Petitioner
By:~~C~
~.
N. LaDonna Driver
Dated:
February 25, 2004
Katherine D. Hodge
N. LaDonna Driver
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois
62705-5776
(217) 523-4900
THIS FILING SUBMITTED ON RECYCLED PAPER
CERTIFICATE OF SERVICE
I, N. LaDonna Driver, the undersigned, certif~rthat I have served the attached
NOTICE OF
OPEN WAIVER OF
120-DAY DECISION DEADLINE upon:
Ms. Dorothy M. Gunn
Clerk ofthe Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois
60601
Carol Sudman, Esq.
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Post Office Box 19274
Springfield,
Illinois
62794-9274
Robb H. Layman, Esq.
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield,
Illinois
62794-9276
by depositing
said documents in the United States Mail, postage prepaid, in Springfield,
Illinois,
on February 25, 2004.
•
____
N. LaDonna Driver
ETHL:007/FijNOF’-COS
—
Open Waiver
RECE~VED
CLERK’S OFFICE
FEB
27
2004
STATE OF ILLINOIS
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL BC~fljj~ion
Control
Board
ETHYL PETROLEUM ADDITIVES, INC.,)
)
Petitioner,
)
)
v.
)
PCBNo.04-113
)
(CAAPP Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE OF OPEN
WAIVER OF 120-DAYDECISIONDEADLINE
NOW COMES
Petitioner, ETHYL PETROLEUM ADDITIVES, INC.
(‘Petitioner”), by and through its
attorneys, HODGE DWYER ZEMAN, pursuant to 35
Ill.
Admin.
Code
§
101.308(c)(1), and hereby agrees to an open waiver of the statutory
120-day decision deadline for final action by the Illinois Pollution Control Board
(“Board”) in the above-referenced proceeding.
In support ofthis Notice, the Petitioner
states as follows:
1.
On January 2, 2004, Petitioner filed
a
Petition for Review ofthe Clean Air
Act Permit Program (“CAAPP”) permit granted to Petitioner by the Illinois
Environmental Protection Agency on December
1, 2003.
Pursuant to
the Board’s Order,
dated January 8,
2004, the statutory decision deadline for this matter was May 4,
2004.
2.
On January 8, 2004, the Board accepted this matter for hearing.
•
3.
On January 28,
2004, Petitioner filed a Notice ofWaiver of 120-Day
Decision Deadline for an
Additional 40 Days.
The current statutory
decision deadline is
June
13,
2004.
4.
Petitioner hereby voluntarily agrees to an
open waiver ofthe statutory
120-day decision deadline in
order to conduct settlement negotiations in this matter.
WHEREFORE, Petitioner, ETHYL PETROLEUM ADDITIVES, iNC., prays that
the Illinois Pollution Control Board accept this open waiver ofthe statutory
120-day
decision deadline for final action on Petitioner’s Petition for Review ofthe CAAPP
permit issued to it by the Illinois Environmental Protection Agency.
Respectfully
submitted,
ETHYL PETROLEUM ADDITIVES, INC.
Petitioner,
One of Its Attorneys
Dated:
February 25,
2004
Katherine D. Hodge
N. LaDonna Driver
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield,
Illinois
62705-5776
(217) 523-4900
ETHL:007/Fil/Open Waiver
2