BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
NITROGEN OXIDES EMISSIONS FROM
VARIOUS SOURCE
CATEGORIES:
AMENDMENTS
TO 35 ILL. ADM. CODE
PARTS
211 AND 217
)
) R08-19
) (Rulemaking
- Air)
)
)
)
NOTICE OF FILING
TO:
Mr. John T. Therriault
Assistant Clerk
of the Board
Illinois Pollution Control Board
100 W. Randolph Street
Suite
11-500
Chicago, Illinois 60601
therriaj@ipcb.state.il.us
(VIA
ELECTRONIC FILING)
Timothy Fox, Esq.
Hearing Officer
Illinois Pollution Control Board
100 W. Randolph Street
Suite
11-500
Chicago, Illinois 60601
foxt@ipcb.state.il.us
(VIA
ELECTRONIC MAIL)
(SEE
PERSONS ON 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 A RESPONSE TO
THE FIRST NOTICE PUBLIC COMMENT OF THE ILLINOIS EPA SUBMITTED BY
ARCELORMITT
AL
USA, INC. a copy of which is herewith served upon you.
Dated: July
7, 2009
Christina L. Archer
Associate General Counsel
ARCELORMITTAL
USA, INC.
1 South Dearborn, 19
th
Floor
Chicago, Illinois
60603
(312) 899-3865
Respectfully submitted,
By:
C~Lw
d
Cl-uk
Christina L. Archer
THIS FILING SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, July 7, 2009
* * * * * * * * * * PC # 20 * * * * *
CERTIFICATE OF SERVICE
I, Christina L. Archer, the undersigned, hereby certify that I have served the attached
MOTION FOR LEAVE TO FILE A RESPONSE TO THE FIRST NOTICE PUBLIC
COMMENT OF THE ILLINOIS EPA SUBMITTED BY ARCELORMITTAL USA, INC.
upon:
Mr. John
T. Therriault
Assistant Clerk ofthe Board
Illinois Pollution Control Board
100 West Randolph Street, Suite II-500
Chicago, Illinois 60601
therriaj@ipcb.state.il.us
Gina Roccaforte, Esq.
John Kim, Esq.
Division
of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
Gina.Roccaforte@illinois.gov
John.Kim@illinois.gov
Kathleen
C. Bassi, Esq.
Stephen J. Bonebrake, Esq.
Schiff Hardin, LLP
6600
Sears Tower
233 South Wacker Drive
Chicago, Illinois
60606-6473
kbassi@schifihardin.com
sbonebrake@schifihardin.com
Gerald
T. Karr
Senior Assistant Attorney General
Environmental Bureau
Office ofthe Attorney General
69 West Washington Street, Suite 1800
Chicago, Illinois 60602
gkarr@atg.state.il.us
by electronic mail on July 7, 2009.
Timothy Fox, Esq.
Hearing Officer
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
foxt@ipcb.state.il.us
Katherine Hodge, Esq.
Monica Rios, Esq.
Hodge Dwyer
&
Driver
3150 Roland Avenue
POBox 5776
Springfield, Illinois
62705
khodge@hdzlaw.com
mrios@hdzlaw.com
Virginia Yang. Esq.
Deputy Legal Counsel
Illinois Department
of Natural Resources
One Natural Resources Way
Springfield, Illinois 62701-1271
Virginia. Yang@illinois.gov
Alec M. Davis, Esq.
General Counsel
Illinois Environmental Regulatory Group
215 East Adams Street
Springfield, Illinois
62701
adavis@ierg.org
Christina
L.
Archer
Electronic Filing - Received, Clerk's Office, July 7, 2009
* * * * * * * * * * PC # 20 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
NITROGEN OXIDES EMISSIONS FROM
VARIOUS SOURCE CATEGORIES:
AMENDMENTS TO 35
ILL.
ADM. CODE
PARTS
211 AND 217
)
) R08-19
) (Rulemaking - Air)
)
)
)
MOTION FOR LEAVE TO FILE A RESPONSE TO THE
FIRST NOTICE PUBLIC COMMENT BY THE ILLINOIS
EPA SUBMITTED BY ARCELORMITTAL USA, INC.
Pursuant to 35 Ill. Adm. Code 101.500 and 101.502, as applicable, ArcelorMittal USA,
Inc. on behalf of ArcelorMittal Riverdale Inc. hereby requests that the Hearing Officer and/or
Board allow ArcelorMittal
to file the attached Response to the First Notice Public Comment by
the Illinois EPA. On July I, 2009, ArcelorMittal filed its First Notice Public Comment in this
matter and on July
6, 2009, the Illinois EPA filed its First Notice Public Comment in this matter.
5
ILCS 100/5-40(b) of the Illinois Administrative Procedure Act allows for a public comment
period
of at least forty-five (45) days. The (45) day deadline for filing First Notice Public
Comments
was July 6, 2009. In its First Notice Public Comment, the Illinois EPA raised a few
issues regarding cost effectiveness and the appropriate
NOx emission limit for other sources that
ArcelorMittal feels must
be rebutted. Therefore, while the Board has already granted the Illinois
EPA's motion for expedited review of this rulemaking, the APA specifically allows for a first
notice public comment period
of greater than 45 days. Since this Motion is filed on the 46
th
day
after publication in the Illinois Register and since the Board is not scheduled
to meet until later
this month, ArcelorMittal is requesting the Hearing Officer and/or Board allow ArcelorMittal
to
file the Response to prevent material prejudice to ArcelorMittal.
Electronic Filing - Received, Clerk's Office, July 7, 2009
* * * * * * * * * * PC # 20 * * * * *
No undue hardship on any party will occur by granting this Motion.
Dated: July
7, 2009
Christina
L.
Archer
Associate General Counsel
ARCELORMITTAL
USA, INC.
1 South Dearborn,
19
th
Floor
Chicago, Illinois
60603
(312) 899-3865
Respectfully submitted,
ARCELORMITTAL
USA, INC.
BY:_C,-,,-~_'
_-,--'
.....=;)--=(l,-,-,w,,-b_
Christina
L.
Archer
Electronic Filing - Received, Clerk's Office, July 7, 2009
* * * * * * * * * * PC # 20 * * * * *
