IN THE MATTER OF:

BEFORE THE

ILLINOIS POLLUTION

CONTROL BOARD

JUL

1

2002

STAFE

OF ILLINOIS

RE C IF

.~

V

tE I)

CLERK

S

Pollution

Control

Board

PROPOSED SITE-SPECIFIC

AIR POLLUTION

REGULATIONS

APPLICABLE TO HORWEEN LEATHER

COMPANY OF CHICAGO, ILLINOIS

35111. Adm. Code 211.6170

R02-20

(Site-Specific Rulemaking

—

NOTICE OF FILING

Dorothy M.

Gunn,

Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph

Street, Suite 11-500

Chicago, Illinois 60601

William Murphy

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph

Street, Suite

11-500

Chicago,

Illinois

60601

Rachel Doctors, Assistant Counsel

Division of Legal Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

Post Office Box

19276

Springfield, Illinois

62794-9276

Illinois Department of Natural Resources

524 South Second Street

Springfield, Illinois 62701-1787

Environmental

Bureau

Office of the Illinois Attorney General

500

South Second Street

Springfield, Illinois

62706

PLEASE TAKE

NOTICE that

I have today filed with the Office of the Clerk of the

Pollution Control

SPECIFIC

RULEMAKING, a copy of which is herewith served upon you.

GARDNER, CARTON

& DOUGLAS

Roy M. Harsch

321

N. Clark

Street

Suite 3400

Chicago, IL

60610-4795

Telephone:

(312) 245-8723

Facsimile:

(312) 644-3381

Dated:

July

1, 2002

~THISFILING IS SUBMITTED ON

RECYCLED PAPER

---

BEFORE THE

ILLINOIS POLLUTION

CONTROL BOARDLFRKS

OFFICE

JUL

12002

STATE OF ILLINOIS

IN THE MATTER OF:

Pollution

Control

Board

PROPOSED SITE-SPECIFIC

R02-20

AIR POLLUTION REGULATIONS

(Site-Specific Rulemaking

—

APPLICABLE TO

35111.

Adm. Code

JOINT

PETITION FOR SITE-SPECIFIC RULEMAKING

NOW COMES

HORWEEN

LEATHER COMPANY (“Horween”) and the ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY

(“Agency”), by their respective attorneys and

requests that the Illinois Pollution Control Board Amend the Petition

for Site-Specific

Rulemaking originally filed by Horween Leather Company on February

19, 2002

as set

forth

herein:

1.

Rachel

Doctors, Counsel for the Agency has authorized the undersigned to

file

this Joint Motion on behalfofthe Agency.

2.

During the hearing held on June 26, 2002 questions were raised by Board

Member Tristano and Hearing Officer Murphy regarding the section number ofthe caption.

It

was agreed that counsel for the Agency and Horween would confer with

Hearing Officer

Murphy on June 28, 2002 regarding this issue.

3.

During the conference on June 28, 2002, counsel for Horween explained that

Horween had exceeded to the Agency’s request,

to list this section number as

an appropriate

location for the inclusion of the relief sought by Horween.

In order to

respond to the concerns

raised at the hearing, the parties request that the Board amend the heading to reference the

---

incorporation by reference of Section 35

III. Adm.

Code 218.112

and Section

35

Ill.

Adm.

Code

2 18.929.

4.

Horween and the Agency also request

that the Board substitute the text of the

Agency’s proposed amendments to the Horween Proposal that were filed as

an attachment to Mr.

Beckstead’s testimony.

The parties note that as explained on the Record, there is a difference of

opinion.

This difference ofopinion

concerning the underlined language found at proposed

Section

218 .929c)4) and d)1).

Specifically, as testified to at hearing, Horween would request

that the Board delete these two provisions based on the evidence submitted at the hearing.

The

Agency continues to

request that the Board enact the proposed Rule with the underlined

language.

WHEREFORE, the parties request that the Board amend the caption and proceed to First

Notice upon the Agency’s Proposed Rules as set forth herein.

Dated:

July

1,2002

GARDNER, CARTON & DOUGLAS

Roy M. Harsch

321

N. Clark Street

Suite 3400

Chicago, IL

60610-4795

Telephone:

(312) 245-8723

Facsimile:

(312) 644-3381

CU02/22 195674.1

~itted,

One of it’s

2

---

CERTIFICATE

OF SERVICE

It

is hereby certified that

true copies

of

the foregoing JOINT MOTION

THE

PETITION FOR

SITE-SPECIFIC RULEMAKING, were mailed,

first class

to each of

the following on July

1,2002:

Rachel Doctors, Assistant Counsel

Division of Legal Counsel

Illinois Environmental Protection Agency

1021

North Grand Avenue East

Post Office Box

19276

Springfield, Illinois

62794-9276

Environmental Bureau

Office ofthe Illinois Attorney General

500 South Second

Street

Springfield, Illinois

62706

Illinois Department ofNatural Resources

524

South Second Street

Springfield, Illinois 62701-1787

It is hereby certified that

a true copy of the foregoing JOINT MOTION

TO AMEND

THE

PETITION FOR SITE-SPECIFIC RULEMAKING

was also hand

delivered to the

following

on July

1,

2002.

Dorothy M.

Gunn

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph St., Ste.

11-500

Chicago, Illinois

60601

CH02/22 195702.1

William Murphy

Illinois Pollution Control Board

James R. Thompson

Center

Randolph Street, Suit

llinois

60i

:11-500

Roy

THIS FILING

IS SUBMITTED