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
III I ’ G 0, 009
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: October 14, 2009
P.O. Box 19276
Springfield, Illinois 62794-9276
217.782-5544
217.782.9143 (TDD)
Electronic Filing - Received, Clerk's Office, October 14, 2009
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
I ’G0, 009
I yI , y
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
I ’ 0, 009
, and, respectfully
requests that the Illinois Polluti
motion for filing instanter
and extension. In support of its Motion, the Illinois EPA states as follows:
1.
, 009, I yGIG
MOTION FOR EMERGENCY RULE and MOTION FOR EXPEDITED ACTION ON THE
IIIIGY G’ I .
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.
0, 009, IG’ y
Rulemaking.
4.
On September 14, 2009, IERG filed a Motion for Reconsideration and
Clarification arguing that the Board had misapplie
IG’
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, October 14, 2009
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.
On September 28, 2009, the Illinois EPA filed Motion to File Instanter and
Motion for Extension to File a Response indicating that the Illinois EPA and IERG were in
discussions concerning the
IG’
Reconsideration and Clarification,
and as a result the Illinois EPA sought an extension of time to October 12, 2009, for the response
to the Motion for Reconsideration and Clarification.
7.
On October 1, 2009, the Hearing Officer granted an extension until October 13,
2009.
8.
On September 24, 2009, the Illinois EPA received a letter from USEPA
confirming that Non-EGUs were not required to hold allowances for the 2009 control period. A
copy of that letter is attached.
9.
The Illinois EPA and IERG are still in discussions concerning the issues raised in
IG’ ,
from USEPA, and as a result the Illinois EPA seeks an extension of time until October 26, 2009,
for the response to the Motion for Reconsideration and Clarification.
10.
This Motion for Extension would have been filed on October 13, 2009, but the
parties were not able to confer until October 14, 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 for filing Instanter and Extension, and allow the
Illinois EPA up to and including October 26, 2009, to file a response to
IG’
Reconsideration and Clarification.
Electronic Filing - Received, Clerk's Office, October 14, 2009
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
/s/
Rachel Doctors, Assistant Counsel
Air Regulatory Unit
Division of Legal Counsel
DATED: October 14, 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, October 14, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILLINOIS
)
)
SS
COUNTY OF SANGAMON
)
)
CERTIFICATE OF SERVICE
I, the undersigned, an attorney, state that I have served electronically the attached
MOTION TO FILE INSTANTER AND FOR EXTENSION OF TIME TO FILE RESPONSE
TO MOTION FOR RECONSIDERATION AND CLARIFICATION OF THE ILLINOIS
I ’ G 0, 009
of the Illinois Environmental
Protection Agency upon the following persons:
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
Katherine Hodge
One Natural Resources Way
N. LaDonna Driver
Springfield, Illinois 62702-1271
Monica T. Rios
Hodge Dwyer & Driver
Kathleen C. Bassi
3150 Roland Ave., PO Box 5776
Schiff Hardin, LLP
Springfield, IL 62705-5776
233 S. Wacker Drive
6600 Sears Tower
Chicago, IL 60606-6473
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
___/s/__________________
Rachel Doctors, Assistant Counsel
Air Regulatory Unit
Division of Legal Counsel
Dated: October 14, 2009
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
(217) 782-5544
217.782.9143 (TDD)
Electronic Filing - Received, Clerk's Office, October 14, 2009
Electronic Filing - Received, Clerk's Office, October 14, 2009
Electronic Filing - Received, Clerk's Office, October 14, 2009