BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    IN THE MATTER OF:
    TRIENNIAL REVIEW OF SULFATE AND
    TOTAL
    DISSOLVED SOLIDS
    WATER
    QUALITY STANDARDS: PROPOSED
    AMENDMENTS TO 35 ILL. ADM. CODE
    302.102(b)(6), 302.102(b)(8), 302.102(b)(I0),
    302.208(g), 309.103(c)(3),
    405.109(6)(2)(A),
    409.109(b)(2)(B), 406.100(d); REPEALER OF
    35 ILL. ADM. CODE 406.203 and Part 407;
    and PROPOSED NEW 35 ILL. ADM. CODE
    302.208(h)
    R07-9
    (Rulemaking- Water)
    NOTICE OF FILING
    TO: Mr. John Therriault
    Assistant Clerk of the
    Board
    Illinois Pollution Control Board
    100 West Randolph Street
    Suite 11-500
    Chicago, Illinois 60601
    (VIA ELECTRONIC MAIL)
    Ms.
    Marie E. Tipsord
    Hearing Officer
    Illinois Pollution Control Board
    100 West Randolph Street
    Suite 11-500
    Chicago,
    Illinois 60601
    (VIA U.S. MAIL)
    PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of
    the Illinois Pollution Control Board the MOTION FOR LEAVE TO REPLY TO
    ILLINOIS EPA's RESPONSE TO IERG'S COMMENTS, and EXHIBIT thereto, a
    copy of which is herewith served upon you.
    R espectfully submitted,
    Dated: February 26,
    2008
    By: /s/ Katherine D. Hodwe
    Katherine D. Hodge
    Katherine D. Hodge
    Monica T. Rios
    H ODGE DWYER ZEMAN
    3150 Roland Avenue
    Post Office Box 5776
    Springfield, Illinois 62705-5776
    (217) 523-4900
    T HIS FILING SUBMITTED ON RECYCLED PAPER
    Electronic Filing - Received, Clerk's Office, February 26, 2008
    * * * * * PC #12 * * * * *
    CERTIFICATE OF SERVICE
    I, Katherine D. Hodge, the undersigned, certify that I have served the attached
    MOTION FOR LEAVE TO REPLY TO ILLINOIS EPA's RESPONSE TO IERG'S
    COMMENTS, and EXHIBIT
    thereto upon:
    M r. John Therriault
    Assistant Clerk of the Board
    Illinois Pollution Control Board
    100 West Randolph Street
    S uite
    11-500
    Chicago, Illinois 60601
    v ia electronic mail on February 26, 2008; and
    upon:
    Ms. Marie E. Tipsord
    Hearing Officer
    Illinois Pollution Control Board
    100 West
    Randolph
    Street
    Suite 11-500
    Chicago, Illinois 60601
    S anjay K. Sofat, Esq.
    Assistant Counsel
    Illinois Environmental
    Protection Agency
    1 021 North Grand Avenue East
    Springfield, Illinois 62794-9276
    Mr. Kenneth W. Liss
    A ndrews Environmental Engineering
    3300 Ginger Creek Drive
    Springfield, Illinois 62711
    Ms. Elizabeth Steinhour
    Weaver Boos Consultant, Inc.
    2021 Timberbrook Lane
    Springfield, Illinois 62702
    A lbert Ettinger, Esq.
    Senior Staff Attorney
    Environmental Law & Policy Center
    3 5 East Wacker Drive
    Suite 1300
    Chicago, Illinois 60601
    by depositing said documents in the United States
    Mail in Springfield, Illinois, postage
    prepaid, on
    February 26, 2008.
    /s/ Katherine D. Hodge
    Katherine D. Hodge
    IERG:001/R Dockets/Ftl/R07-9/NOF-COS - Sulfate Reply
    Electronic Filing - Received, Clerk's Office, February 26, 2008
    * * * * * PC #12 * * * * *
    BEFORE THE ILLINOIS
    POLLUTION CONTROL
    BOARD
    IN THE MATTER OF:
    )
    TRIENNIAL REVIEW OF
    SULFATE AND)
    TOTAL DISSOLVED SOLIDS WATER ) R07-9
    QUALITY STANDARDS: PROPOSED
    )
    (Rulemaking- Water)
    AMENDMENTS TO 35 ILL. ADM. CODE)
    302.102(b)(6), 302.102(b)(8),
    )
    302.102(b)(10), 302.208(g),
    309.103(c)(3), )
    405.109(6)(2)(A),
    409.109(b)(2)(B),
    )
    406.100(d); REPEALER
    OF 35 ILL. ADM. )
    CODE 406.203 and
    Part 407; and
    )
    PROPOSED NEW
    35 ILL. ADM.
    )
    CODE 302.208(h)
    )
    MOTION FOR LEAVE
    TO REPLY TO
    ILLINOIS EPA's RESPONSE
    TO IERG'S COMMENTS
    N
    OW
    COMES the ILLINOIS ENVIRONMENTAL
    REGULATORY GROUP
    ("IERG"), by and through its attorneys,
    HODGE DWYER ZEMAN, and
    moves the
    Illinois Pollution Control Board
    (`Board") for leave to file its
    Reply to Illinois EPA's
    Response to IERG's Comments. In support of this
    Motion, IERG states as follows:
    1 .
    On December
    3, 2007, IERG filed First
    Notice comments ("First Notice
    Comments")
    in the above-referenced matter.
    2.
    On December 28, 2007,
    the Illinois Environmental
    Protection Agency
    ("Illinois EPA")
    filed a Response to IERG's
    First Notice Comments.
    3.
    As of the filing of this Motion,
    the Board has not issued
    a Second Notice
    Opinion and Order.
    4.
    Since the Second Notice period
    has yet to commence, neither the Illinois
    EPA nor any other interested parties
    will be materially prejudiced
    if the Board allows
    IERG to file a brief
    Reply (attached hereto as Exhibit
    A) to Illinois EPA's
    Response.
    Electronic Filing - Received, Clerk's Office, February 26, 2008
    * * * * * PC #12 * * * * *
    WHEREFORE,
    the ILLINOIS ENVIRONMENTAL REGULATORY GROUP,
    respectfully prays that the Illinois Pollution Control Board grant it leave to
    file its Reply
    to Illinois EPA's Response (attached hereto as Exhibit
    A) instanter, and that the Illinois
    Pollution Control Board grant all other relief just and proper in the premises.
    Respectfully
    submitted,
    ILLINOIS ENVIRONMENTAL
    REGULATORY GROUP,
    By: /s/
    Katherine D. Hodge
    One of its Attorneys
    Dated: February
    26, 2008
    K atherine D. Hodge
    Monica T. Rios
    HODGE
    DWYER ZEMAN
    3150 Roland Avenue
    P ost Office Box 5776
    Springfield, Illinois 62705-5776
    (217) 523-4900
    IERG:001/RDkt/Filings/R07-09/Motion
    for Leave to File Reply
    Electronic Filing - Received, Clerk's Office, February 26, 2008
    * * * * * PC #12 * * * * *
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    IN THE MATTER OF:
    )
    TRIENNIAL REVIEW OF SULFATE AND)
    TOTAL DISSOLVED SOLIDS WATER )
    R07-9
    QUALITY STANDARDS: PROPOSED ) (Rulemaking- Water)
    AMENDMENTS TO 35 ILL. ADM. CODE)
    302.102(6)(6), 302.]02(6)(8),
    )
    302.102(6)(10),
    302.208(8),
    309.103(c)(3), )
    405.109(b)(2)(A), 409.109(6)(2)(B),
    )
    406.100(d); REPEALER OF 35 ILL. ADM. )
    CODE 406.203 and Part 407; and
    )
    PROPOSED NEW
    35
    ILL. ADM.
    )
    CODE 302.208(h)
    )
    REPLY TO ILLINOIS EPA'S RESPONSE TO IERG'S COMMENTS
    NOW COMES the ILLINOIS ENVIRONMENTAL REGULATORY GROUP
    ("IERG"), by and through its attorneys, HODGE DWYER ZEMAN, and for its Reply to
    Illinois EPA's Response to IERG's Comments, states as follows:
    1.
    On December 3, 2007, IERG
    filed First Notice comments ("First Notice
    Comments") in the above-referenced matter. The First Notice Comments
    were filed in
    response to the Illinois Pollution Control
    Board's ("Board") encouragement that
    "participants
    ...
    provide additional comment on the economic reasonableness and
    technical feasibility of the entire proposed rule." First Notice Opinion and Order, In the
    Matter of. Triennial Review
    ofSulfate and Total Dissolved Solids Water Quality
    Standards: Proposed Amendments to 35 Ill. Adm. Code 302.102(6)(6), 302.102(6)(8),
    302.102(6)(10), 302.208(8), 309.103(c)(3), 405.109(b)(2)(A),
    409.109(b)(2)(B),
    406100(d), Repealer of 35111. Adm. Code 406.203 and
    Part 407, and Proposed New 35
    Ill. Adm. Code 302.208(h), R07-9,31
    (Ill.Pol.Control.Bd. Sept. 20, 2007) (hereinafter this
    rulemaking
    will be cited as "Triennial Review").
    EXHIBIT
    A
    Electronic Filing - Received, Clerk's Office, February 26, 2008
    * * * * * PC #12 * * * * *
    2.
    The First Notice Comments addressed the Illinois Environmental
    Protection Agency's ("Illinois EPA") obligation pursuant to Section 27 of the Illinois
    Environmental Protection Act, 415 ILCS 5/27, to provide an economic analysis to
    the
    Board in order for the Board
    to fully take into consideration the economic impact of
    Illinois EPA's proposal. Comments of IERG, Triennial
    Review, R07-9
    (I11.Pol.Control.Bd.
    Dec. 2, 2007). In addition,
    [ERG
    had previously addressed Illinois
    EPA's lack of economic justification for the proposed rule in its post hearing comments
    filed on June 7,
    2007. IERG's Comments, Triennial Review, R07-9 (II1.Pol.Control.Bd.
    June 7, 2007).
    3.
    On December 28, 2007, Illinois EPA filed a Response to IERG's
    Comments ("Response").
    Illinois EPA's Response did not address its obligation to
    provide an analysis of the economic impact of the proposed rule for the Board's
    consideration. Response of IEPA to IERG's Comments,
    Triennial Review, R07-9
    (I11.Pol.Control.Bd. Dec.
    28, 2007).
    4.
    As of the filing of this Reply,
    IERG maintains that Illinois EPA still
    appears neither to
    have addressed the deficiency of its proposal in this respect nor
    provided any explanation for not doing so.
    5.
    IERG appreciates
    the opportunity to participate in this proceeding, and
    respectfully
    requests that the Board take these additional comments into consideration.
    r x+
    Electronic Filing - Received, Clerk's Office, February 26, 2008
    * * * * * PC #12 * * * * *
    IERG reserves the right to supplement
    and modify this Reply.
    Respectfully submitted,
    ILLINOIS ENVIRONMENTAL
    REGULATORY
    GROUP,
    By: /s/ Katherine D. Hodge
    One of its Attorneys
    D ated: February
    26, 2008
    K atherine D. Hodge
    Monica T. Rios
    H ODGE DWYER ZEMAN
    3150 Roland Avenue
    Post Office
    Box 5776
    Springfield, Illinois 62705-5776
    (217) 523-4900
    IERG:001/RDOCkeu/Fil/R7-09-Sulfate
    Reply
    Electronic Filing - Received, Clerk's Office, February 26, 2008
    * * * * * PC #12 * * * * *

    Back to top