1

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

)

NO

x

TRADING PROGRAM:

)

R06-22

AMENDMENTS TO 35 ILL.

)

(Rulemaking – Air)

CODE PART 217

)

NOTICE

John Therriault, Assistant Clerk

Alec M. Davis

Timothy Fox, Hearing Officer

Illinois Environmental Regulatory Group

Illinois Pollution Control Board

3150 Roland Ave.

State of Illinois Center

Springfield, IL 62705-5776

100 West Randolph, Suite 11-500

Chicago, Illinois 60601

Mitchell Cohen, Chief Legal Counsel

Department of Natural Resources

Kathleen C. Bassi

One Natural Resources Way

Schiff Hardin, LLP

Springfield, Illinois 62702-1271

6600 Sears Tower

233 S. Wacker Drive

Katherine Hodge

Chicago, IL 60606-6473

N. LaDonna Driver

Monica T. Rios

Hodge Dwyer & Driver

3150 Roland Ave., PO Box 5776

Springfield, IL 62705-5776

PLEASE TAKE NOTICE that I have today filed with the Office of the Pollution Control Board

the attached MOTION TO FILE INSTANTER AND FOR EXTENSION OF TIME TO FILE

RESPONSE TO MOTION FOR RECONSIDERATION AND CLARIFICATION OF THE

ILLINOIS POLLUTION CONTROL BOARD’S AUGUST 20, 2009 ORDER of the Illinois

Environmental Protection Agency a copy of which is herewith served upon you.

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY

By: ___/s/___________________

Rachel Doctors, Assistant Counsel

Division of Legal Counsel

DATED: September 29, 2009

P.O. Box 19276

Springfield, Illinois 62794-9276

217.782-5544

217.782.9143 (TDD)

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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

)

NO

x

TRADING PROGRAM:

)

R06-22

AMENDMENTS TO 35 ILL.

)

(Rulemaking – Air)

CODE PART 217

)

MOTION TO FILE INSTANTER AND FOR EXTENSION OF TIME TO FILE RESPONSE

TO MOTION FOR RECONSIDERATION AND CLARIFICATION OF THE ILLINOIS

POLLUTION CONTROL BOARD’S AUGUST 20, 2009 ORDER

NOW COMES the Illinois Environmental Protection Agency (“Illinois EPA”), by and

through its attorneys, and pursuant to 35 Ill. Adm. Code 101.522, hereby files a Motion to File

Instanter and for Extension of Time to File Response to Motion for Reconsideration and

Clarification of the Illinois Pollution Control Board’s August 20, 2009 Order, and, respectfully

requests that the Illinois Pollution Control Board (“Board”) grants this motion for filing instanter

and extension. In support of its Motion, the Illinois EPA states as follows:

1.

On August 3, 2009, Illinois Environmental Regulatory Group (“IERG”) filed a

MOTION FOR EMERGENCY RULE and MOTION FOR EXPEDITED ACTION ON THE

ILLINOIS ENVIRONMENTAL REGULATORY GROUP’S ALTERNATIVE PROPOSAL.

2.

On August 6, 2009, the Board directed participants to file responses to the

motions no later than Thursday, August 13, 2009. The Illinois EPA filed a response on August

13, 2009, and IERG filed a reply on August 17, 2009.

3.

On August 20, 2009, the Board denied IERG’s Motions for Emergency

Rulemaking.

4.

On September 14, 2009, IERG filed a Motion for Reconsideration and

Clarification arguing that the Board had misapplied the law when IERG’s Motions for

Emergency Rulemaking were denied.

5.

Responses to motions are due within 14 days after service of the document. The

Electronic Filing - Received, Clerk's Office, Spetember 29, 2009

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Illinois EPA was electronically served on September 14, 2009; therefore, its response to the

above Motion for Reconsideration and Clarification was due September 28, 2009.

6.

The Illinois EPA and IERG are in discussions concerning the issues raised in

IERG’s Motion for Reconsideration and Clarification, and as a result the Illinois EPA seeks an

extension of time to October 12, 2009, for the response to the Motion for Reconsideration and

Clarification. IERG has been informed of this Motion and does not object to the relief being

requested.

7.

This Motion for Extension would have been filed on September 28, 2009, but the

parties were not able to fully confer until September 29, 2009, on the contents of this Motion

requesting the extension.

WHEREFORE, for the reasons stated above, the Illinois EPA respectfully requests that

the Board or Hearing Officer grant this Motion, and allow the Illinois EPA up to and including

October 12, 2009, to file a response on IERG’s Motion for Clarification.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:

/s/

Rachel Doctors, Assistant Counsel

Air Regulatory Unit

Division of Legal Counsel

DATED: September 29, 2009

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217.782.5544, 217.782.9143 (TDD)

217.782.9807 (Fax)

Electronic Filing - Received, Clerk's Office, Spetember 29, 2009

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