BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
PETITION OF MIDWEST GENERATION, LLC,
)
AS 07-03
WAUKEGAN GENERATING STATION
(Adjusted Standard -Air)
FOR AN ADJUSTED STANDARD FROM
)
35 1LL.ADM.CODE 225.230.
1
NOTICE OF FILING
Dorothy Gunn, Clerk
Persons included on the
Illinois Pollution Control Board
ATTACHED SERVICE LIST
James R. Thompson Center
Suite 11 -500
100 West Randolph
Chicago, Illinois 60601
PLEASE TAKE NOTICE that we have today electronically filed with the Office of the
Clerk of the Pollution Control Board
MOTION TO STAY PROCEEDINGS,
copies of which
are herewith electronically
~rved upon you.
Dated: March 1.2007
Sheldon A. Zabel
Kathleen
C. Bassi
Stephen J. Bonebrake
SCHIFF
HARDIN, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
312-258-5500
Electronic Filing, Received, Clerk's Office, March 1, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
PETITION OF MIDWEST GENERATION,
LLC,
)
AS 07-03
WAUKEGAN GENERATING STATION
(Adjusted Standard
-
Air)
FOR AN ADJUSTED STANDARD FROM
)
35 1LL.ADM.CODE 225.230.
)
MOTION TO STAY PROCEEDINGS
NOW COMES Petitioner, MIDWEST GENERATION, LLC, WAUKEGAN
GENERATING STATION, by and through its attorneys, SCHIFF
HARDIN LLP, and, pursuant
to 35
I11.Adm.Codc
5
101.500, moves the Board to stay these proceedings until after the Board
takes final action on proposed 35
I11.Adm.Code Part 225, Subpart F, currently pending before the
Board in R06-26. In support of its motion, Petitioner states as follows:
1.
On January 10, 2007, Petitioner filed a Petition for Adjusted Standard from the
requirements of 35
I11.Adm.Code Part 225, Subpart B, pursuant to Section 28.1 generally and
Section
28.1(f) of the Environmental Protection Act ("Act"); 415 I1,CS 5128.1, 28.l(f).
2.
Midwest Generation filed its Petition for Adjusted Standard within 20 days
following the Board's adoption
in R06-25 of the rules addressing coal-fired power plant mercury
emissions, 35
111.Adm.Code Part 225, Subpart B; in order to preserve its statutory rights under
Section
28.1(f) of the Act.
3.
Petitioner filed Proof of Publication, as required by 35
I11.Adm.Code
5
104.408,
on January 25,2007. Notice of the Petition was published in the
News
Sun,
a newspaper of
general circulation in the vicinity of the Waukegan Generating Station, on January
19, 2007.
The Board accepted the Petition for hearing on February 15,2007.
Electronic Filing, Received, Clerk's Office, March 1, 2007
4.
On January 5,2007, the Illinois Environmental Protection Agency ("Agency")
and Midwest Generation jointly filed a Comment in R06-26, in which they requested the Board
'.to consider and include with the above-referenced [proposed Clean Air Interstate Rule (CAIR)]
regulations
a new [subpart], 35 111. Adm. Code Section
[Part]
225, Titled Subpart F, Combined
Pollutant Standards, 35
Ill. Adm. Code Section 225.600
el[] seq."'
5.
The Agency and Midwest Generation's proposed Subpart F addresses issues that
are the substance of the Petition for Adjusted Standard for the Waukegan Generating Station's
hot-side electrostatic precipitators
("HS ESPs"). If the Board adopts Subpart F substantially as
submitted. the need for Midwest Generation to proceed with its request for adjusted standards for
the HS ESPs could be allayed.
6.
It is in the best interests of Petitioner Midwest Generation to avoid the time and
expense of actively pursuing the Petition for Adjusted Standard if it is not necessary, and it is in
the best interests of the Board to avoid the administrative inefficiencies of addressing the same
issues multiple times whenever possible.
7.
Midwest Generation has consulted with the Agency regarding this Motion for
Stay, and the Agency has stated that it is in agreement with the Board's granting such a Stay.
Further, the Agency has represented that it will not file a response to this Motion.
'
Joint Comment of Midwest Generation, LLC, and the Illinois Environmental Protection
Agency, R06-26 PC
#9 (January 5,2007), p. 2. This submittal was subsequently corrected on
January
11; 2007, at PC
#
11, but the corrections do not affect this Motion.
Electronic Filing, Received, Clerk's Office, March 1, 2007
WHEREFORE, for the reasons set forth above, Petitioner Midwest Generation. LLC,
Waukegan Generating Station, requests that the Board stay these proceedings until after the
Board has taken final action on Midwest Generation and the Agency's joint request for
consideration and adoption of
Part 225, Subpart F.
Respectfully submitted,
MIDWEST GENERATION, LLC,
WAUKEGAN GENERATING STATION
by:
Dated: March 1,2007
Sheldon A.
Zabel
Kathleen C. Bassi
Stephen
J. Bonebrake
SCHIFF
HARDIN. LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
3 12-258-5500
Fax: 3 12-258-5600
Electronic Filing, Received, Clerk's Office, March 1, 2007
CERTIFICATE OF SERVICE
I, the undersigned, certify that on this 1'' day of March, 2007, I have served electronically
the attached
MOTION TO STAY PROCEEDINGS,
upon the following persons:
Dorothy
Gunn, Clerk
Illinois Pollution Control Board
James
R. Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
and
by first class mail, postage affixed, to the persons listed on the
ATTACHED SERVICE
LIST.
Sheldon A. Zabel
Kathleen
C. Bassi
Stephen
J. Bonebrake
SCHIFF
HARDIN, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
312-258-5500
Electronic Filing, Received, Clerk's Office, March 1, 2007
Rachel L. Doctors
Assistant Counsel
Air Regulatory Unit
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
rachel.doctors@i11inois.eov
SERVICE LIST
(AS 07-03)
Mr. Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James
R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
hallorab@,ipcb.state.il.us
Faith E. Bugel
Environmental Law and Policy Center
35 East Wacker Drive, Suite 1300
Chicago, Illinois 60601
fbueel@eloc.org
Electronic Filing, Received, Clerk's Office, March 1, 2007