BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

STATE OF ILLINOIS

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)

SS

COUNTY OF SANGAMON

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CERTIFICATE OF SERVICE

I, the undersigned, an attorney, state that I have served by electronically mailing the

attached MOTION TO FILE INSTANTER AND RESPONSE TO POST-HEARING

COMMENT of the Illinois Environmental Protection Agency upon the following persons:

John Therriault, Assistant Clerk

Kathleen C. Bassi

Timothy Fox, Hearing Officer

Renee Cipriano

Illinois Pollution Control Board

Joshua R. More

State of Illinois Center

Stephen J. Bonebrake

100 W. Randolph, Suite 11-500

Schiff Hardin, LLP

Chicago, IL 60601

6600 Sears Tower

233 S. Wacker Drive

Katherine D. Hodge

Chicago, IL 60606-6473

N. LaDonna Driver

Hodge Dwyer Zeman

Don C. DiCristofaro, CCM

3150 Roland Ave.

Blue Sky Environmental LLC

PO Box 5776

105 Chestnut Street, Ste. 37

Springfield, IL 62705-5776

Needham, MA 02492

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

/s/

Rachel L. Doctors

Assistant Counsel

Air Regulatory Unit

Division of Legal Counsel

Dated: July 16, 2008

1021 North Grand Avenue East

Springfield, Illinois 62794-9276

(217) 782-5544

Electronic Filing - Received, Clerk's Office, July 16, 2008

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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

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SECTION 27 PROPOSED RULES FOR

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NITROGEN OXIDE (NO

x

) EMISSIONS

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R07-19

FROM STATIONARY RECIPROCATING

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(Rulemaking – Air)

INTERNAL COMBUSTION ENGINES AND

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TURBINES: AMENDMENTS TO 35 ILL.

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ADM. CODE PARTS 211 AND 217

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MOTION TO FILE INSTANTER AND

RESPONSE TO POST-HEARING COMMENT

NOW COMES the ILLINOIS ENVIRONMENTAL PROTECTION AGENCY (“Illinois

EPA”), by its attorneys, and hereby submits its response to a comment submitted by Blue Sky

Environmental on July 1, 2008, a week after the post-hearing deadline of June 23, 2008, and a

Motion to File Instanter in the above rulemaking proceeding. As the comment was not submitted

to the Illinois Pollution Control Board (“Board”) or served upon the Illinois EPA until after the

comment deadline, and the Illinois EPA did not become aware of the comment until the

following week, the Illinois EPA could not submit a response by the June 23, 2008, deadline.

The Illinois EPA moves the Board to grant its request for leave to file a response to the comment

instanter.

Blue Sky Environmental is requesting that the definition for emergency standby engine at

35 Ill. Adm. Code 211.1920 be amended to allow for the operation of units under PJM’s

Emergency Load Response Program (“ELRP”). Klein Tool enrolled in ELRP to provide

emergency electrical service for short periods of time to prevent black outs. The Illinois EPA

had discussions this Spring with Blue Sky representing Klein Tool (hereinafter “the Company”)

because the Company was concerned that its units when operated pursuant to a PJM request

were not within the Board’s definition for emergency standby units or the Company’s existing

permit. The Illinois EPA has indicated to the Company that under the circumstances described

Electronic Filing - Received, Clerk's Office, July 16, 2008

* * * * * PC #6 * * * * *

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in a May 1, 2008, letter sent by Blue Sky to the Ray Pilapil at the Illinois EPA and again in Blue

Sky’s July 1, 2008, comment that the engines in this case do fall within the definition and there is

no need to change the Company’s existing permit.

Hence, the Illinois EPA believes that no amendments to the current or proposed

definition of emergency/standby engine are necessary at this time. The Illinois EPA also

believes that the amendment as proposed by Blue Sky falls beyond the scope of the current

rulemaking which was proposed to address NO

x

RACT. In the future, if different circumstances

arise concerning the operation of a PJM unit that the Illinois EPA believes warrant further

investigation and possible amendment to the definition, the Illinois EPA would pursue the

matter.

Further, Blue Sky had multiple opportunities to present this information to both the

Illinois EPA and the Board in a timely manner and did not do so. The Illinois EPA would note

that it engaged in extensive outreach during the development of the rule and provided

information on its website during the previous years. Blue Sky also had an opportunity to

present this information at either the first Board hearing held in Edwardsville on April 9, 2008,

or second hearing in Chicago on May 7, 2008.

Blue Sky never appeared before the Board or contacted the Illinois EPA prior to the

Spring of 2008. As these units under the described circumstances fall under the current

definition, the Illinois EPA does not believe that any additional amendments or additional

hearings are necessary before the Board can proceed to First Notice.

The Illinois EPA respectfully submits this Motion For Leave to File Instanter and

Response to Comment.

Electronic Filing - Received, Clerk's Office, July 16, 2008

* * * * * PC #6 * * * * *

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Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:

_/s/ Rachel L. Doctors

Rachel L. Doctors

Assistant Counsel

Air Regulatory Unit

Division of Legal Counsel

DATED: July 16, 2008

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217.782.5544

217.782.9807 (Fax)

Electronic Filing - Received, Clerk's Office, July 16, 2008

* * * * * PC #6 * * * * *