BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
CLEAN-UP
AMENDMENTS TO
35
ILL.
ADM. CODE PART 214
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State ofIllinois Center
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
TO:
)
)
)
)
)
)
NOTICE
R04-1O
(Rulemaking
-
Air)
Matthew Dunn, Chief
Attorney General’s Office
James R. Thompson Center
100 West Randolph,
12th Floor
Chicago, Illinois 60601
CL~R,’~
J~’ir~
NOV21
2~O3
STATE OF
ILLINOIS
Pollutj0,~ControlBo~,rd
Katherine D. Hodge
Executive Director
Illinois Environmental Regulatory Group
3150 Roland Avenue
Springfield,
IL 62703
Jonathan Fun
ChiefLegal Counsel
Illinois Dept. ofNatural Resources
524
South Second Street
Springfield, Illinois
62701-1787
PLEASE TAKE NOTICE that I have today filed with the Office ofthe Pollution
Control Board a MOTION TO WITHDRAW, a copy ofwhich is herewith served upon
DATED:
November 18,
2003
P.O. Box
19276
Springfield, Illinois 62794-9276
217/782-5544
Charles E. Matoesian
Assistant Counsel
you.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Division ofLegal Counsel
RECEIVED
CLERF(’S
OFFiCE
NOV
~12O03
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE OF IWNOIS
polluttofl
Control Board
IN THE MATTER OF:
)
)
CLEAN-UP
)
R04-1O
AMENDMENTS TO 35 ILL.
)
(Rulemaking
-
Air)
ADM. CODE PART 214
)
)
MOTION TO WITHDRAW
Now comes the Illinois Environmental Protection Agency (“Illinois EPA”), through
Charles E. Matoesian, one ofits attorneys, and pursuant to Section
101.500(a) ofthe
Illinois Pollution Control Board’s (“Board”) procedural rules, moves that the Board grant
its
MOTION TO WITHDRAW
its proposal for rulemaking and dismiss the instant
rulemaking.
In support ofits request, the Illinois EPA states as follows:
1.
On September 2, 2003, the Illinois EPA filed a proposal to correct several
typographical errors in the “special formula” set forth at 35
Ill. Adm.
Code Section
214.184 that is used to determine sulfur dioxide emissions from stationary sources.
2.
On October 6, 2003, the Board issued
an order requesting that the scope ofthe
proposal be expanded to include correcting other errors that appear to have occurred
when the old Board Rule 204 was re-codified in
October 1983.
It is not known if other
errors exist, but the Illinois EPAwould wish to researchthis.
3.
The Illinois EPA, at the present time, cannot devote the necessary resources to
comply with the Board’s request.
In addition, late next year, the Illinois EPA plans to
propose amendments
to Part 214 as part ofits
State Implementation Plan (“SIP”) for the
new National Ambient Air Quality Standards (“NAAQS”) for fine particulate (PM 2.5).
Next year, when the Illinois EPA proposes amendments to Part 214 it will also propose
amendments to the “special formula”
set forth in 35 Ill. Adm.
Code Section 214.184 and
proceed with a general “clean-up” ofthe Part.
WHEREFORE, forthe reasons stated above, the Illinois EPA respectfully requests the
Board grant its motion to withdraw the instant proposal for rulemaking and close the
docket in R04-10.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Charles E. Matoesian
Assistant Counsel
Division ofLegal Counsel
DATED:
November 18, 2003
1021
North Grand Ave. East
P.O. Box
19276
Springfield,
IL
62794-9276
2
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
CLEAN-UP
AMENDMENTS TO 35 ILL.
ADM. CODE PART 214
)
)
)
R04-1O
)
(Rulemaking
-
Air)
)
)
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached MOTION TO
WITHDRAW upon the persons to whom it is
directed, by placing it in envelopes
addressed to:
TO:
Dorothy Gunn, Clerk
Illinois Pollution
Control Board
State ofIllinois Center
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
Katherine D. lodge
Executive Director
Illinois Environmental Regulatory Group
3150 Roland Avenue
Springfield, IL 62703
Matthew Dunn, Chief
-
Attorney General’s Office
James R. Thompson Center
100 West Randolph,
12th Floor
Chicago, Illinois 60601
Jonathan Fun
Chief Legal Counsel
Illinois Dept. ofNatural Resources
524 South Second Street
Springfield, Illinois 62701-1787
and mailing same by First Class Mail from Springfield, Illinois on November
18, 2003
with sufficient postage affixed.
SUBSCRIBED AND SWORN TO BEFORE ME
this 18th day ofNovember, 2003
Notary Public