BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
NOX EMISSIONS FROM STATIONARY
)
R07-19
RECIPROCATING INTERNAL COMBUSTION
)
(Rulemaking
-
Air)
ENGINES AND TURBINES:
)
AMENDMENTS TO 35 1LL.ADM.CODE
)
SECTION 201.146 AND PARTS 211 AND 217.
)
NOTICE OF FILING
To:
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
James R. Thompson Center
Suite 1 1-500
100 West Randolph
Chicago, Illinois 6060 1
Persons included on the
ATTACHED SERVICE LIST
PLEASE TAKE NOTICE that we have today filed with the Office of the Clerk of the
Pollution Control Board the
PIPELINE CONSORTIUM'S RESPONSE TO THE
AGENCY'S MOTION FOR CANELLING PREFILING DEADLINES AND
SCHEDULED HEARINGS.
Dated: August 24,2007
Renee
Cipriano
Kathleen C. Bassi
Stephen
J. Bonebrake
Joshua R. More
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, August 24, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
1
)
SECTION 27 PROPOSED RULES FOR
)
R07-19
NITROGEN OXIDE
(NOx) EMISSIONS FROM
)
(Rulemaking
-
Air)
STATIONARY RECIPROCATING INTERNAL
)
COMBUSTION ENGINES AND TURBINES:
1
AMENDMENTS TO 35 1LL.ADM.CODE
)
SECTION 201.146 AND PARTS 211 AND 217.
PIPELINE CONSORTIUM'S RESPONSE TO THE AGENCY'S MOTION
FOR CANELLING PREFILING DEADLINES AND SCHEDULED HEARINGS
NOW COME ANR PIPELINE COMPANY, NATURAL GAS PIPELINE COMPANY,
TRUNKLINE GAS COMPANY, and PANHANDLE EASTERN PIPELINE COMPANY
(collectively "the Pipeline Consortium"), by and through their attorneys, SCHIFF
HARDIN
LLP, and, pursuant to 35 111.Adm.Code
55
102.402, 10 1.502, and 10 1.500, respond to the Motion
for Cancelling Prefiling Deadlines and Scheduled Hearings filed by the Illinois Environmental
Protection Agency ("Agency") in this matter on August 23, 2007. Specifically, the Pipeline
Consortium states as follows:
1.
As stated in the Agency's Motion, the Agency contacted counsel for the Pipeline
Consortium on August 22, 2007, as well as counsel for the Illinois Environmental Regulatory
Group and the Illinois Municipal Electric Association through a conference call.
2.
During this call, the Agency stated that it had just learned that the more recent,
2005
basecase and future year modeling would not be completed by the Lake Michigan Air
Directors' Consortium (LADCO) and ready for public review prior to early October, contrary to
previous predictions on the timing of that modeling. Because the Agency wanted to be able to
review those modeling results and consider their implications with respect to this proposed rule,
Electronic Filing, Received, Clerk's Office, August 24, 2007
the Agency informed the participants that it wished to request that the Hearing Officer postpone
the hearings currently scheduled in this matter as well as the prefiling deadlines corresponding to
the hearings. The Agency repeated this information to the Hearing Officer when he was joined
in the conference call.
3.
The Pipeline Consortium does not object to the Agency's Motion to Cancel with
several caveats: (a) that any revamping of the rule that might result from the Agency's review
and analysis of the new modeling will not result in a rule of greater stringency than currently
proposed; (b) that the Agency provide the new inventory and modeling platform to the Pipeline
Consortium for its review and analysis as soon as it becomes available; (c) that the Agency agree
to meet with representatives of the Pipeline Consortium and other participants to discuss the
Agency's views of the implications of the modeling and of any revamping of the rule that the
Agency may determine is appropriate because of these new modeling results; and (d) that the
Agency not request that the Board reschedule hearings and prefiling deadlines in this matter until
the Pipeline Consortium and other participants have had reasonable opportunity to review and
analyze the modeling results and new inventory and meet with the Agency as described in (c)
above.
Electronic Filing, Received, Clerk's Office, August 24, 2007
WHEREFORE, subject to the caveats described in paragraph 3 above, the Pipeline
Consortium does not object to the Agency's Motion to Cancel.
Respectfully submitted,
ANR PIPELINE COMPANY, NATURAL GAS
PIPELINE COMPANY, TRUNKLINE GAS
COMPANY, and PANHANDLE EASTERN PIPELINE
COMPANY
by:
One of Their Attorneys
Dated: August
24, 2007
Renee Cipriano
Kathleen C. Bassi
Stephen J. Bonebrake
Joshua R. More
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, August 24, 2007
CERTIFICATE OF SERVICE
I, the undersigned, certify that on this 24" day of August, 2007, I have served
electronically the attached
PIPELINE CONSORTIUM'S RESPONSE TO THE AGENCY'S
MOTION FOR CANELLING PREFILING DEADLINES AND SCHEDULED
HEARINGS
upon the following persons:
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
James
R. Thompson Center
Suite 1 1-500
100 West Randolph
Chicago, Illinois 6060
1
and electronically on Persons included on the
ATTACHED SERVICE LIST,
paper service
having been waived.
Renee Cipriano
Kathleen C. Bassi
Stephen J. Bonebrake
Joshua R. More
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, August 24, 2007
SERVICE LIST
(R07-19)
Timothy Fox
Hearing Officer
ILLINOIS POLLUTION CONTROL BOARD
100 West Randolph, Suite 1 1-500
Chicago, Illinois 6060 1
foxt@,ipcb.state.il.us
- -
Katherine D. Hodge
N. LaDonna Driver
Gale W. Newton
HODGE DWYER ZEMAN
3 1 50 Roland Avenue
P.O. Box 5776
Springfield, Illinois 62705-5776
khodge@/hdzlaw .corn
nldriver@,hdzlaw
.
com
gnewton@~hdzlaw.com
John Kim
Rachel Doctors
Robb H. Layman
Division of Legal Counsel
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
102 1 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
i
0hn.i .kim@,illinois.gov
rachel.doctors@,illinois.gov
robb.layman@,illinois. gov
William Richardson, Chief Legal Counsel
Virginia I Yang, Deputy Counsel
ILLINOIS DEPARTMENT OF NATURAL
RESOURCES
One Natural Resources Way
Springfield, Illinois 67202- 127 1
bill.richardson~~illinois.gov
virginia.yang@/illinois.gov
Electronic Filing, Received, Clerk's Office, August 24, 2007