CLERI’s
    OFFICE
    BEFORE THE ILLiNOIS POLLUTION CONTROL
    BOARD
    OCT
    2
    82003
    IN THE MATTER OF:
    )
    STATE OF ILLINOIS
    )
    Pollution
    Control Board
    PROPOSED
    SITE SPECIFIC REGULATION
    )
    R04-
    /
    /
    APPLICABLE TO AMEREN ENERGY
    )
    GENERATING
    COMPANY, ELGIN, ILLINOIS
    )
    AMENDING
    35
    Ill. Adm.
    Code 901
    )
    MOTION FOR EXPEDITED CONSIDERATION
    Ameren Energy Generating Company(”Ameren”), by and through its
    attorneys, Schiff
    Hardin & Waite respectfully requests that the Illinois Pollution Control Board consider this
    rulemaking for site specific
    noise emission limitations for its Elgin, Illinois power generation
    plant on an expedited basis.
    In support ofthis
    motion, Ameren provides:
    1.
    Ameren owns a power generation facility at
    1559 Gifford Road, Elgin,
    Illinois.
    This
    Facility is the subject of the site specific rulemaking petition filed by Ameren in this matter
    (“Petition”).
    2.
    The Facility is currently in compliance with the applicable noise regulations found at
    35
    Ill. Adm. Code Part
    901.
    3.
    Directly west from the Facility is vacant land that until recently was formerly owned
    by the Solid Waste Agency forNorthern Cook County (“SWANCC”), and located in
    unincorporated Cook County and zoned industrial.
    4.
    Realen Homes recently acquired from SWANCC a large portion ofthat vacant
    property, the portion immediately west and across Gifford Road from the Facility (“Property).
    5.
    On June 3, 2003,
    the Village ofBartlett
    annexed this Property and rezoned it from
    industrial use to residential use upon Realen Homes’ petition.
    6.
    Realen Homes intends to construct and sell single family homes
    and town homes on
    this Property.
    7.
    Due to
    the proposed change in this Property’s land use from industrial to residential,
    the property will become a Class
    A receiving land under the noise limitations set forth at
    35
    Ill.
    Adm.
    Code 901.102,
    at which time Ameren believes that it may not be
    able to
    consistently
    comply with the Board’s residential noise limits at the Property under certain operating
    conditions.
    -
    8.
    Ameren seeks to have the proposed site specific noise limitations
    adopted as soon as
    possible to
    insure compliance with state law, in the event the Property is, as Realen Homes
    intends, converted to residential use and thereby becomes subject to 35
    Iii. Adm. Code 901.102.
    9.
    Ameren requests that the Board proceed to First Notice under the Illinois
    Administrative Procedure Act by adopting the language proposed in Ameren’s Petition only for
    purposes ofFirst Notice.
    An electronic yersion ofthe Ameren Petition, including the language
    proposed by Ameren for the site specific noise limitations, has been filed with the original
    Petition to
    facilitate the Board moving expeditiously to First Notiôe in this rulemaking.
    10.
    Ameren also
    requests that the requisite public hearing bescheduled as soon as
    possible in accordance with Section 28(a) ofthe Environmental Protection Act
    415
    ILCS
    5/28(a),
    and that such a hearing serve also as the hearing that maybe required during First Notice
    under Section 5-40(b) ofthe Illinois Administrative Act,
    5
    ILCS
    100/5-40(b).
    11.
    Ameren believes that the informationnecessary for the Board to proceed to
    First
    Notice in this
    rulemaking and schedule a public hearing is contained in Ameren’s Petition.
    If
    more information is needed, Ameren will fully cooperate to expeditiouslyprovide the sameto
    the Board and its hearing officer.
    12.
    Ameren makes this motion for expedited consideration fully recognizing that the
    Board proceeding to First Notice under the Illinois Administrative Procedure Act at this time is
    unusual.
    However, time is of the essence because Realen Homes intends to construct and sell
    these home sites.
    In fairness to Ameren, its customers and potential home purchasers, Ameren’s
    desire
    is to proceed with this site specific rulemaking and obtain the necessary rule change
    before the property is converted to residential use.
    WHEREFORE, Ameren respectfully requests that the Board grant this motion and
    expedite consideration of this site specific rulemaking by setting this matter for hearing and
    adopting the proposed site specific rule for First Notice as soon as possible.
    Dated:
    October 28, 2003
    Respectfully submitted,
    Marili McFawn
    Attorney for Ameren Energy
    Generating Company

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