BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
TRIENNIAL REVIEW OF SULFATE AND
)
R07-9
TOTAL DISSOLVED SOLIDS WATER
)
(Rulemaking-Water)
QUALITY STANDARDS: PROPOSED
)
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(b)(2)(A),
)
405.109(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)
)
NOTICE OF FILING
John Therriault, Assistant Clerk
Marie E. Tipsord
Illinois Pollution Control Board
Illinois Pollution Control Board
100 West Randolph Street
100 West Randolph Street
Suite 11-500
Suite 11-500
Chicago, Illinois 60601
Chicago, Illinois 60601
(
Via Electronic Mail
)
(
Via U.S. Mail
)
Mathew Dunn
Jonathan Furr
Illinois Attorney General’s Office
Illinois Department of Natural Resources
Environmental Control Division
One Natural Resources Way
James R. Thompson Center
Springfield, Illinois 62702-1271
100 West Randolph Street
(
Via U.S. Mail
)
Chicago, Illinois 60601
(
Via U.S. Mail
)
Attached Service List
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the Pollution Control
Board the
Response To IERG’s Motion For Leave To Reply
, copies of which are herewith served
upon you.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By:
_/
s
/__
Sanjay K. Sofat
Sanjay K Sofat
Assistant Counsel
Dated: March 14, 2008
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
(217) 782-5544
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Electronic Filing - Received, Clerk's Office, March 14, 2008
2
IN THE MATTER OF:
)
)
TRIENNIAL REVIEW OF SULFATE AND
)
R07-9
TOTAL DISSOLVED SOLIDS WATER
)
(Rulemaking-Water)
QUALITY STANDARDS: PROPOSED
)
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(b)(2)(A),
)
405.109(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)
)
Illinois Environmental Protection Agency’s Response to Illinois Environmental Regulatory
Group’s Motion For Leave To Reply
Now comes the Illinois Environmental Protection Agency (the “Agency” or “Illinois EPA”),
by and through one of its attorney, Sanjay K. Sofat, and hereby submits to the Illinois Pollution
Control Board ( the “Board”) its response to the Illinois Environmental Regulatory Group’s
(“IERG”) Motion For Leave (hereinafter “IERG Motion”). The Agency respectfully requests the
Board to DENY the IERG’s Motion for the following reasons:
1. On December 3, 2007, IERG filed First Notice comments in the above referenced matter.
2. On December 28, 2007, the Agency filed a response to IERG’s comments.
3. On February 26, 2008, IERG filed a motion for leave to reply to Illinois EPA’s response to
IERG’s comments.
4. IERG claims that since the Board has not issued a Second Notice order, the Board’s grant of
IERG’s request to file additional comments would not materially prejudice the Agency or
any other interested party. The Agency disagrees.
5. Both the Agency and stakeholders would be materially prejudiced if the Board grants
IERG’s request. Specifically, IERG’s request would essentially extend the public comment
Electronic Filing - Received, Clerk's Office, March 14, 2008
3
period, which in turn, would cause delay in the final promulgation and adoption of the
proposed rule. The Agency maintains that this proposed rulemaking, more than 16 months
in the making, is a well supported thoughtful proposal that will benefit various stakeholders.
6. The Board should also deny IERG’s request because it has had multiple opportunities to
provide comments.
See
IERG’s Reply at 2. In fact, over and over, IERG has provided the
same comment regarding economical impact of the proposed rule. However, still to this
date, IERG has not expanded on why the Agency’s discussion regarding the economic
impact of the proposed rule is not sufficient, especially in a case, where the proposed water
quality standard is expected to be much higher than the existing water quality standard. In
sum, neither IERG’s Motion nor IERG’s reply provides additional information that was not
already part of the Board record.
WHEREFORE, for the reasons stated above, the Agency respectfully requests the Board to
DENY the IERG’s Motion.
Respectfully Submitted
ILLINOIS ENVIRONMENTALPROTECTION AGENCY
By:_/s/_Sanjay K. Sofat_
Sanjay K Sofat
Assistant Counsel
Division of Legal Counsel
DATED: March 14, 2008
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Electronic Filing - Received, Clerk's Office, March 14, 2008
4
Service List
Hodge Dwyer Zeman
Katherine D. Hodge
Monica T. Rios
3150 Roland Avenue
P.O. Box 5776
Springfield, IL 62705-5776
(
FIRST CLASS MAIL
)
Sonnenschein Nath & Rosenthal
Elizabeth Leifel
7800 Sears Tower
233 South Wacker Drive
Chicago, IL 60606-6404
(
FIRST CLASS MAIL
)
Andrews Environmental Engineering
Kenneth W. Liss
3300 Ginger Creek Drive
Springfield, IL 62711
(
FIRST CLASS MAIL
)
Beth Steinhorn
2021 Timberbrook
Springfield, IL 62702
(
FIRST CLASS MAIL
)
Albert Ettinger
Environmental Law & Policy Center
35 E. Wacker, Suite 1300
Chicago, IL 60601
(
FIRST CLASS MAIL
)
Electronic Filing - Received, Clerk's Office, March 14, 2008
5
CERTIFICATE OF SERVICE
I, Sanjay K. Sofat, the undersigned, certify that I have served the attached
Response To
IERG’s Motion For Leave To Reply
upon the person to whom it is directed, by placing a copy in
an envelope addressed to:
John Therriault, Assistant Clerk
Marie E. Tipsord
Pollution Control Board
Illinois Pollution Control Board
100 West Randolph Street
James R. Thompson Center
Suite 11-500
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Chicago, Illinois 60601
via electronic mail on March 14, 2008, and upon:
Mathew Dunn
Jonathan Furr
Illinois Attorney General’s Office
Illinois Department of Natural Resources
Environmental Control Division
One Natural Resources Way
James R. Thompson Center
Springfield, Illinois 62702-1271
100 West Randolph Street
Chicago, Illinois 60601
Attached Service List
by placing a copy in an envelope and mailing it from Springfield, Illinois on March 14, 2008, with
sufficient postage affixed as indicated above.
__/s/_Sanjay K. Sofat
________
Sanjay K. Sofat
Electronic Filing - Received, Clerk's Office, March 14, 2008