BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
R06-25
PROPOSED NEW 35 ILL. ADM. CODE 225
)
(Rulemaking – Air)
CONTROL OF EMISSIONS FROM
)
LARGE COMBUSTION SOURCES (MERCURY) )
NOTICE
TO:
Dorothy Gunn
Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph St., Suite 11-500
Chicago, IL 60601-3218
SEE ATTACHED SERVICE LIST
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
Illinois Pollution Control Board the MOTION FOR EXPEDITED REVIEW
, a copy of which is
herewith served upon you.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By: ______________________
Gina Roccaforte
Assistant Counsel
Division of Legal Counsel
DATED: May 2, 2006
1021 North Grand Avenue East
P. O. Box 19276
Springfield, IL 62794-9276
THIS FILING IS SUBMITTED
217/782-5544
ON RECYCLED PAPER
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 1, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
R06-25
PROPOSED NEW 35 ILL. ADM. CODE 225
)
(Rulemaking – Air)
CONTROL OF EMISSIONS FROM
)
LARGE COMBUSTION SOURCES (MERCURY) )
MOTION FOR EXPEDITED REVIEW
NOW COMES Proponent, the Illinois Environmental Protection Agency (“Illinois
EPA”), by its attorney, and pursuant to 35 Ill. Adm. Code 101.512, respectfully submits this
Motion for Expedited Review (“Motion”). In support of its Motion, the Illinois EPA states as
follows:
1.
On May 1, 2006, the Circuit Court for the Seventh Judicial Circuit of Sangamon
County, Illinois, entered an Order granting the Plaintiffs' Dynegy Midwest Generation, Inc.,
Kincaid Generation, LLC, and Midwest Generation, LLC Motion for Preliminary Injunction.
2.
Under the Circuit Court Order, the Illinois Pollution Control Board (Board) is
enjoined from holding the scheduled hearings on May 8, June 5, and June 19, 2006, as set forth
in the Hearing Officer's Order dated March 16, 2006.
3.
Illinois is still obligated to file a State plan to control mercury emissions from
coal-fired electric generating units with the United States Environmental Protection Agency
(USEPA) by November 17, 2006.
4.
For the reasons stated above, and due to the impending deadline of November 17,
2006, for the submission of a State plan to the USEPA, the regulations need to be adopted in an
expedited manner.
5.
In light of the foregoing, it is necessary to expedite review in this matter.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 1, 2006
2
6.
The Illinois EPA also requests that the hearing scheduled for June 5, 2006, be
noticed as the requisite hearing in accordance with Section 102.410 of the Board's procedural
rules.
7.
As required by 35 Ill. Adm. Code Section 101.512, this Motion is accompanied
by an Affirmation attesting that the facts cited herein are true.
WHEREFORE, for the reasons set forth above, the Illinois EPA respectfully requests that
the Board grant this Motion and expedite review in this matter. Further, the Illinois EPA
requests that the Board consider and act upon this Motion at its meeting scheduled for May 4,
2006.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:______________________
Gina Roccaforte
Assistant Counsel
Division of Legal Counsel
DATED: May 2, 2006
1021 North Grand Avenue East
P. O. Box 19276
Springfield, IL 62794-9276
THIS FILING IS SUBMITTED
217/782-5544
ON RECYCLED PAPER
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 1, 2006
3
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
R06-25
PROPOSED NEW 35 ILL. ADM. CODE 225
)
(Rulemaking – Air)
CONTROL OF EMISSIONS FROM
)
LARGE COMBUSTION SOURCES (MERCURY) )
Back to top
AFFIRMATION
I, Gina Roccaforte, under oath, hereby state and affirm that I am an Assistant Counsel for
the Illinois EPA and the facts cited in the foregoing Motion for Expedited Review are true and
correct to the best of my information and belief.
______________________
Gina Roccaforte
Assistant Counsel
Division of Legal Counsel
SUBSCRIBED AND SWORN TO BEFORE ME
This __day of __________, 2006
___________________________
Notary Public
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 1, 2006
STATE OF ILLINOIS
)
)
SS
COUNTY OF SANGAMON
)
)
CERTIFICATE OF SERVICE
I, the undersigned, an attorney, state that I have served electronically the attached
MOTION FOR EXPEDITED REVIEW
, upon the following person:
Dorothy Gunn
Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph St., Suite 11-500
Chicago, IL 60601-3218
and mailing it by first-class mail from Springfield, Illinois, with sufficient postage affixed
to the following persons:
SEE ATTACHED SERVICE LIST
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
__________________________
Gina Roccaforte
Assistant Counsel
Division of Legal Counsel
Dated: May 2, 2006
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
(217) 782-5544
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 1, 2006
SERVICE LIST 06-25
Marie Tipsord
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph St., Suite 11-500
Chicago, IL 60601-3218
James T. Harrington
David L. Rieser
McGuire Woods LLP
77 West Wacker, Suite 4100
Chicago, IL 60601
Bill S. Forcade
Jenner & Block LLP
One IBM Plaza
Chicago, IL 60611
William A. Murray
Special Assistant Corporation Counsel
Office of Public Utilities
800 East Monroe
Springfield, IL 62757
S. David Farris
Environmental, Health and Safety
Manager
Office of Public Utilities
City of Springfield
201 East Lake Shore Drive
Springfield, IL 62757
Faith E. Bugel
Howard A. Lerner
Meleah Geertsma
Environmental Law and Policy Center
35 East Wacker Drive
Suite 1300
Chicago, IL 60601
Keith I. Harley
Chicago Legal Clinic
205 West Monroe Street, 4th Floor
Chicago, IL 60606
Christopher W. Newcomb
Karaganis, White & Magel, Ltd.
414 North Orleans Street
Suite 810
Chicago, IL 60610
Katherine D. Hodge
N. LaDonna Driver
Hodge Dwyer Zeman
3150 Roland Avenue
Post Office Box 5776
Springfield, IL 62705-5776
Kathleen C. Bassi
Sheldon A. Zabel
Stephen J. Bonebrake
Joshua R. More
Glenna L. Gilbert
Schiff Hardin LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, IL 60606
Bruce Nilles
Attorney
Sierra Club
214 N. Henry Street, Suite 203
Madison, WI 53703
Katherine M. Rahill
Jenner & Block LLP
One IBM Plaza
Chicago, IL 60611
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 1, 2006