RECEIVED
CLERK’S OFFICE
APR
112005
BEFORE THE POLLUTION CONTROL BOARD
STATE OF ILLINOIS
OF THE STATE OF ILLINOIS
Pollution
Control Board
RORM AND
HAAS
COMPANY,
)
)
Petitioner,
)
)
v.
)
PCB
No. 05-164
)
(Permit
Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE
OF FILING
TO:
Dorothy Guim, Clerk
Illinois Pollution Control Board
James Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois
60601
Christopher W.
Newcomb, Esq.
Karaganis, White
&
Magel, Ltd.
414 North Orleans Street, Suite 810
Chicago, Illinois 60610
PLEASE TAKE NOTICE that I have todayfiledwith the Officeofthe ClerkofthePollution Confrol
Board a MOTIONTO REQUEST EXTENSION OF TIME oftheIllinois Environmental Protection
Agency, a copy ofwhich is herewith served upon you.
ENVIRONMENTAL PROTECTION AGENCY
OF THE STATE OF ILLINOIS
BY:
~
~.
~
Dennis E. Brown
Assistant Counsel
Division ofLegal
Counsel
This
Filing Submitted on
Recycled Paper
RECEIVED
CLERK’S OFFICE
BEFORE THE POLLUTION CONTROL
BOARD
OF THE
STATE OF ILLINOIS
APR
STATE OF ILLINOIS
ROHM AND HAAS COMPANY
)
Pollution Control Board
)
Petitioner,
)
)
v.
)
PCB No. PCB 05-164
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
The undersigned, as oneofthe attorneys, herebyenters his APPEARANCE on behalfofRespondent,
Illinois Environmental Protection Agency.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
BY:
D~
~.
~
Dennis E. Brown
Assistant Counsel
Division ofLegal Counsel
Date:
April
8, 2005
Illinois Environmental Protection Agency
1021 North Grand Avenue, P.O.
Box 19276
Springfield, Illinois 62794-9276
217/782-5544,
TDD
217/782-9143
ThisFiling
Submittedon Recycled Paper
3.
Since the date ofthe Board’s March
17, 2005 Order, representatives ofthe
Illinois EPA and Rohm and Haas Company have conferred regarding the March
11, 2005
Petition, and discussed settlement ofissues set forth within the petition in resolution of
the permit appeal. Based upon discussions mentioned above, the Illinois EPA anticipates
settlement ofthe all issues relative to objectionable permit conditions contained within
FESOP number 89060066 is likely without requiring the issuance ofan Order and
Opinion ofthe Board based upon the facts and evidence during a hearing before the
Board in this matter.
4.
Based upon the foregoing, filing ofthe administrative record, at this
juncture, will seemingly not be required to further a review ofall issues set forth within
the Petition and resolution ofthe permit appeal.
For the foregoing reasons, the Illinois EPA respectfully requests that the Board
grant an
extension oftime to file the Administrative Record ofPermit Decision for an
additional 60 days to
facilitate resolution ofthe pending permit appeal through settlement
discussions between the parties.
Respectfully submitted,
Illinois Environmental Protection Agency
By:
~.
Dennis E. Brown
One ofIts Attorneys
April
8, 2005
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
APR11
2005
ROHM AND HAAS COMPANY
)
STATE OF ILLINOIS
pollution Control Board
Petitioner,
)
)
v.
)
PCBNo.PCBO5-164
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
MOTION FOR EXTENSION TO TIME
NOW COMES the Respondent, the ILLiNOIS ENVIRONMENTAL
PROTECTION AGENCY (“Illinois EPA”), and pursuant to 35 Ill. Adm. Code
105.116,
moves the Illinois Pollution Control Board (“Board”) to extend the time for filing ofthe
Administrative Record ofPermit Decision required pursuant to 35
Ill.
Adm. Code
105.116. In support
ofthis motion, the Illinois EPA
states as follows:
1.
On March 11, 2005, Rohm and Haas Company (“Petitioner”) filed with
the Pollution Control Board (“Board”) a petition forreview (“Petition”) ofthe Illinois
EPA’s permit decision resulting in the issuance of Federally Enforceable State Operating
Permit (“FESOP”) number 89060066, on February 7, 2005. A copy ofthe Petition was
received by the Illinois EPA, on March 11, 2005.
2.
On March 17, 2005, the Board issued an
Order in relation to the petition
stating, in part, that the Illinois EPA must file the record ofits determination on orbefore
April 10, 2005. The Illinois EPA has determined that April
10, 2005,
falls within a
weekend day.
STATE
OF ILLINOIS
)
)
COUNTY OF SANGAMON
)
PROOF OF SERVICE
I, the undersigned, certif~y
that I have served the attached MOTION FOR EXTENSION OF TIME
and APPEARANCE upon the person(s) to whom it is directed, by placing the necessarycopies in a
first class mail package addressed to:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois
60601
Christopher W. Newcomb, Esq.
Karaganis, White & Magel, Ltd.
414 North Orleans Street, Suite 810
Chicago, Illinois 60610
and mailing it from Springfield, Illinois
on April
8, 2005, with sufficient postage affixed.
This Filing Submitted on Recycled
Paper
