BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
R06-25
PROPOSED NEW 35 ILL. ADM. CODE 225
)
(Rulemaking – Air)
CONTROL OF EMISSIONS FROM
)
LARGE COMBUSTION SOURCES (MERCURY) )
NOTICE
TO:
Dorothy Gunn
Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph St., Suite 11-500
Chicago, IL 60601-3218
SEE ATTACHED SERVICE LIST
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 FILE INSTANTER PRE-
FILED QUESTIONS, a copy of which is herewith served upon you.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By: ______________________
John J. Kim
Managing Attorney
Air Regulatory Unit
Division of Legal Counsel
DATED: August 8, 2006
1021 North Grand Avenue East
P. O. Box 19276
Springfield, IL 62794-9276
THIS FILING IS SUBMITTED
217/782-5544
ON RECYCLED PAPER
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 8, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
R06-25
PROPOSED NEW 35 ILL. ADM. CODE 225
)
(Rulemaking – Air)
CONTROL OF EMISSIONS FROM
)
LARGE COMBUSTION SOURCES (MERCURY) )
MOTION FOR LEAVE TO FILE INSTANTER PRE-FILED QUESTIONS
NOW COMES the Proponent, the ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY (“Illinois EPA”), by one of its attorneys, and pursuant to 35 Ill. Adm. Code 101.500,
moves that the Illinois Pollution Control Board (“Board”) grant the Illinois EPA leave to file
instanter its Pre-filed Questions. In support of its Motion, the Illinois EPA states as follows:
1.
On June 28, 2006, the Hearing Officer issued an order which provided,
inter alia
,
two different schedules for filing and responding to pre-filed testimony. Specifically,
participants to the upcoming hearing to be held in Chicago, Illinois, beginning on August 14,
2006, could submit pre-filed testimony on either July 24, 2006, or July 28, 2006. In turn, parties
wishing to file pre-filed questions of the pre-filed testimony were required to submit such
questions by August 4, 2006, or August 7, 2006, respectively.
2.
Late on July 28, 2006, the Illinois EPA received copies of pre-filed testimony
from participants to this rulemaking proceeding. The Illinois EPA received testimony of 11
different witnesses for which pre-filed questions were warranted.
3.
The time needed to review this pre-filed testimony, and prepare comments related
thereto, slightly exceeded the time otherwise allowed by the Board in its order. The Illinois EPA
agreed to the time frame imposed in the order, and spent considerable resources in an effort to
comply with that deadline.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 8, 2006
4.
Unfortunately, the pre-filed questions were not completed by 4 p.m. on August 7,
2006, to allow for a timely filing. However, the pre-filed questions were completed shortly after
4 p.m. on that date, and were provided to all participants via electronic mail just after 4:30 p.m.
on August 7
th
. Thus, the participants whose witnesses need to review and prepare to respond to
the Illinois EPA’s pre-filed questions received those questions less than one hour after the
deadline imposed in the June 28, 2006 order. This delay, although regrettable, is so short as to
not result in any prejudice on the part of those affected participants.
5.
Further, although the Illinois EPA’s submitted pre-filed questions will not be
deemed filed until August 8, 2006, the Illinois EPA did submit via the Board’s COOL filing
system those questions prior to 4:30 p.m. on August 7
th
. Therefore, Board staff that wished to
review the pre-filed questions had access to the questions no more than 30 minutes later than the
time of the filing deadline.
6.
The Illinois EPA regrets missing the filing deadline for its pre-filed questions, no
matter how slim the margin of such delay. The time spent in crafting the pre-filed questions was
intended to result in an expeditious hearing to be convened in Chicago, and hopefully the time
spent on the questions will benefit all parties to this proceeding.
2
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 8, 2006
WHEREFORE, for the reasons set forth above, the Illinois EPA respectfully moves that
the Board grant leave to file instanter the Illinois EPA’s pre-filed questions.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
__________________
John J. Kim
Managing Attorney
Air Regulatory Unit
Division of Legal Counsel
DATED: August 8, 2006
1021 N. Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
217.782.5544
217.782.9807 (fax)
3
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 8, 2006
STATE OF ILLINOIS
)
)
SS
COUNTY OF SANGAMON
)
)
CERTIFICATE OF SERVICE
I, the undersigned, an attorney, state that I have served electronically the attached
MOTION FOR LEAVE TO FILE INSTANTER PRE-FILED QUESTIONS upon the
following person:
Dorothy Gunn
Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph St., Suite 11-500
Chicago, IL 60601-3218
and mailing it by first-class mail from Springfield, Illinois, with sufficient postage affixed
to the following persons:
SEE ATTACHED SERVICE LIST
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
__________________________
John J. Kim
Managing Attorney
Air Regulatory Unit
Division of Legal Counsel
Dated: August 8, 2006
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
(217) 782-5544
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 8, 2006
SERVICE LIST 06-25
Marie Tipsord
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph St., Suite 11-500
Chicago, IL 60601-3218
James T. Harrington
David L. Rieser
Jeremy R. Hojnicki
McGuire Woods LLP
77 West Wacker, Suite 4100
Chicago, IL 60601
Bill S. Forcade
Katherine M. Rahill
Jenner & Block LLP
One IBM Plaza
Chicago, IL 60611
William A. Murray
Special Assistant Corporation Counsel
Office of Public Utilities
800 East Monroe
Springfield, IL 62757
S. David Farris
Environmental, Health and Safety
Manager
Office of Public Utilities
City of Springfield
201 East Lake Shore Drive
Springfield, IL 62757
Faith E. Bugel
Howard A. Lerner
Meleah Geertsma
Environmental Law and Policy Center
35 East Wacker Drive
Suite 1300
Chicago, IL 60601
Keith I. Harley
Chicago Legal Clinic
205 West Monroe Street, 4th Floor
Chicago, IL 60606
Christopher W. Newcomb
Karaganis, White & Magel, Ltd.
414 North Orleans Street
Suite 810
Chicago, IL 60610
Katherine D. Hodge
N. LaDonna Driver
Hodge Dwyer Zeman
3150 Roland Avenue
Post Office Box 5776
Springfield, IL 62705-5776
Kathleen C. Bassi
Sheldon A. Zabel
Stephen J. Bonebrake
Joshua R. More
Glenna L. Gilbert
Schiff Hardin LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, IL 60606
Bruce Nilles
Attorney
Sierra Club
122 W. Washington Ave., Suite 830
Madison, WI 53703
James W. Ingram
Senior Corporate Counsel
Dynegy Midwest Generation, Inc.
1000 Louisiana, Suite 5800
Houston, TX 77002
Dianna Tickner
Prairie State Generating Company, LLC
701 Market Street
Suite 781
St. Louis, MO 63101
Mary Frontczak
Peabody Energy
701 Market Street
St. Louis, MO 63101-1826
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, AUGUST 8, 2006