BEFORE THE ILLINOIS POLLUTION
    CONTROL BOARD
    THE PREMCOR REFINING
    GROUP INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    PCB 2007-030
    (CAAPP Permit Appeal)
    NOTICE
    OF
    FILING
    TO: Ms. Dorothy M.
    Gunn
    Clerk of the Board
    Illinois Pollution Control Board
    100
    West Randolph Street
    Suite 11-500
    Chicago, Illinois 60601
    (VIA
    ELECTRONIC
    MAIL)
    Carol Webb, Esq.
    Hearing
    Officer
    Illinois Pollution
    Control Board
    1021 North Grand Avenue East
    Post Office Box 19274
    Springfield, Illinois 62794-9274
    (VIA FIRST CLASS MAIL)
    PLEASE TAKE NOTICE that I have today filed with the Office of the
    Clerk
    of
    the
    Illinois
    Pollution Control Board a MOTION FOR EXTENSION OF TIME and
    NOTICE OF OPEN WAIVER OF 120-DAY DECISION DEADLINE, a copy of
    which is herewith served upon you.
    Respectfully submitted,
    Dated: December 12, 2006
    Katherine D. Hodge
    Monica T. Rios
    HODGE
    DWYER ZEMAN
    3150 Roland Avenue
    Post Office Box 5776
    Springfield, Illinois 62705-5776
    (217) 523-4900
    THE PREMCOR REFINING GROUP INC.,
    Petitioner,
    By:/s/ Katherine D. Hodge
    One of Its Attorneys
    THIS FILING SUBMITTED ON RECYCLED PAPER
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 12, 2006
    CERTIFICATE
    OF SERVICE
    I, Katherine
    D. Hodge, the undersigned, certify that
    I have served the attached
    MOTION FOR EXTENSION
    OF TIME and NOTICE
    OF OPEN WAIVER OF
    120-DAY
    DECISION DEADLINE upon:
    Ms. Dorothy M. Gunn
    Clerk of the Board
    Illinois Pollution
    Control Board
    100 West Randolph
    Street
    Suite I1-500
    Chicago, Illinois 60601
    via electronic mail on December 12,
    2006; and upon:
    C arol
    Webb,
    Esq.
    Hearing
    Officer
    Illinois Pollution
    Control
    Board
    1021 North Grand Avenue East
    Post Office Box 19274
    Springfield, Illinois 62794-9274
    Robb H.
    Layman, Esq.
    Assistant
    Counsel
    Division of Legal Counsel
    Illinois Environmental Protection Agency
    1021
    North Grand Avenue East
    Post
    Office
    Box
    19276
    Springfield, Illinois 62794-9276
    by depositing said
    documents in the United States Mail in Springfield, Illinois,
    postage
    prepaid, on December 12, 2006.
    /s/ Katherine
    D. Hodge
    Katherine D. Hodge
    P REM-013\Fi NOF and COS - Extension of Time and Open Waiver
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 12, 2006
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    THE PREMCOR REFINING
    )
    GROUP INC.,
    )
    Petitioner,
    )
    v.
    )
    PCB 2007-030
    (CAAPP Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    )
    MOTION FOR EXTENSION OF TIME
    NOW COMES
    Petitioner, THE PREMCOR REFINING GROUP INC.
    (hereinafter "Premcor"), by and through its attorneys,
    HODGE DWYER ZEMAN, and
    for its Motion for
    Extension of Time, states as follows:
    1.
    On September 19, 2006, the Illinois Environmental Protection Agency
    ("Respondent") granted a final Clean Air Act Permit Program ("CAAPP") permit to
    Premcor's Hartford Terminal, a petroleum bulk storage
    and loading terminal, located in
    Hartford,
    Illinois.
    2.
    On October
    24, 2006, Premcor filed its Petition for Review ("Petition") of
    the CAAPP permit based on the fact that the Respondent
    failed to incorporate comments
    submitted by Premcor into the
    final
    CAAPP
    permit and, as such, the CAAPP permit does
    not
    reflect the current applicable requirements or the current operations of the
    Hartford
    Terminal.
    3.
    On
    November 27, 2006, the Respondent filed a Motion to Dismiss the
    Petition ("Motion") arguing that the Petition failed "to provide adequate specificity to
    apprise either the Board or the Illinois EPA of the subject matter of the appeal."
    Motion
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 12, 2006
    to Dismiss, The Premcor Refining GroLip Inc.v. Illinois EPA, PCB No. 07-03 at T5
    (I11.Pol.Control.Bd. Nov. 27, 2006) (requesting the Board dismiss Premcor's petition or,
    in
    the alternative,
    require
    the
    filing
    of an amended petition).
    4.
    Counsel for Premcor has consulted with the Respondent regarding the
    Respondent's
    concerns as described in the Motion. Based on these discussions, it is
    Premcor's understanding that filing an Amended Petition reiterating in
    detail the
    comments listed in Premcor's exhibits to the original Petition will resolve the
    Respondent's concerns. Premcor currently is drafting a Motion for Leave to file such an
    Amended Petition.
    5.
    Counsel for Respondent has been consulted and has no objection to the
    filing of this Motion.
    6.
    For
    the
    reasons
    stated
    above, Premcor respectfully
    moves the Illinois
    Pollution Control Board ("Board") to grant Premcor an additional 14 days from the
    December 12, 2006 deadline, or until December 26, 2006, to file
    a Motion for Leave to
    File Amended Petition in response to Respondent's Motion to Dismiss.
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 12, 2006
    WHEREFORE, Petitioner, THE PREMCOR REFINING GROUP INC.,
    respectfully
    moves the ILLINOIS POLLUTION CONTROL BOARD to grant it an
    extension of time as set forth above, and to award it all other relief just and proper in the
    premises.
    Respectfully submitted,
    THE PREMCOR REFINING GROUP
    INC.,
    Petitioner,
    By: /s/ Katherine D. Hodge
    One of its Attorneys
    Dated: December 12, 2006
    Katherine D. Hodge
    Monica T. Rios
    HODGE DWYER ZEMAN
    3150 Roland Avenue
    Post Office Box 5776
    Springfield,
    Illinois 62705-5776
    (217) 523-4900
    P REM-013\Fi1\Motion for Extension of Time
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 12, 2006
    BEFORE THE ILLINOIS
    POLLUTION CONTROL BOARD
    THE
    PREMCOR REFINING
    )
    GROUP INC.,
    )
    Petitioner,
    )
    v.
    )
    PCB 2007-030
    (CAAPP Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    )
    NOTICE OF OPEN WAIVER OF 120-DAY DECISION
    DEADLINE
    NOW COMES Petitioner, THE PREMCOR REFINING
    GROUP INC.
    ("Petitioner"), by and through its attorneys, HODGE
    DWYER ZEMAN, pursuant to 35
    Ill. Admin. Code ยง 101.308(c)(1),
    and hereby agrees to an open waiver of the statutory
    120-day decision deadline for final action by the Illinois Pollution
    Control Board
    ("Board") in this proceeding. In
    support of this Notice, the Petitioner states as follows:
    1.
    On September 19, 2006, the Illinois Environmental
    Protection Agency
    ("Respondent") granted a final Clean Air Act Permit Program
    ("CAAPP") permit to
    Premcor's
    Hartford Terminal, a petroleum bulk storage and loading
    terminal, located in
    Hartford, Illinois.
    2.
    On October 24, 2006, Premcor filed
    its Petition for Review ("Petition") of
    the CAAPP permit based on the fact
    that
    the Respondent
    failed to incorporate comments
    submitted
    by
    Premcor
    into the final CAAPP permit and, as such, the CAAPP permit
    does
    not reflect the current applicable requirements or the
    current operations of the Hartford
    Terminal. Premcor requested a hearing on the Illinois Environmental Protection
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 12, 2006
    Agency's ("Illinois EPA") decision in this matter and also filed
    a Motion to Stay
    Effectiveness
    of the CAAPP Permit.
    3.
    On November 16, 2006, the matter was accepted for hearing,
    but the
    Board reserved ruling on the Motion to Stay until the Illinois EPA had
    a chance to
    respond.
    4.
    On November 17, 2006, the Petitioner filed a Waiver for an additional 90
    days. The decision deadline in this matter is now May 3, 2007.
    5.
    On November 27, 2006, the Respondent filed a Motion to Dismiss the
    Petition ("Motion") arguing that the Petition failed "to provide adequate specificity to
    apprise either the Board or the Illinois EPA of the subject matter of the appeal." Motion
    to Dismiss, The Premcor Refining Group Inc.
    v.
    Illinois EPA. PCB
    No. 07-30 at T5
    (I11.Pol.Control.Bd. Nov. 27, 2006).
    6.
    Counsel for Premcor has consulted with the Respondent regarding the
    Respondent's concerns as described in the Motion. Based on these discussions, it is
    Premcor's understanding that filing an Amended Petition reiterating in detail the
    comments
    listed in Premcor's
    exhibits to
    the Petition
    will
    resolve
    the
    Respondent's
    concerns. Premcor currently is drafting a Motion for Leave to file such an Amended
    Petition.
    7.
    In addition, counsel for Premcor and the Respondent are
    engaged
    in
    ongoing settlement discussions regarding the issues raised in
    the
    Petition.
    8,
    Petitioner hereby voluntarily agrees to an open waiver of the statutory
    120-day decision deadline in order to allow for the Board's consideration of Premcor's
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 12, 2006
    Motion for Leave
    to Amend, and, if such leave is
    granted, to allow the State to consider
    the Amended Petition, as well as continue
    settlement discussions between
    the parties.
    9.
    Counsel for Petitioner has notified
    counsel for Respondent regarding
    the
    filing of this open waiver,
    and counsel for Respondent has no
    objection to such filing.
    WHEREFORE, Petitioner,
    THE PREMCOR REFINING
    GROUP INC., moves
    the
    Illinois Pollution Control Board to
    accept this open waiver of the
    statutory 120-day
    decision for final action
    on Petitioner's Petition for Review.
    Respectfully submitted,
    THE PREMCOR REFINING
    GROUP
    INC.,
    Petitioner,
    By: /s/ Katherine D. Hodae
    One of its Attorneys
    Dated: December
    12, 2006
    Katherine D. Hodge
    Monica T. Rios
    HODGE DWYER ZEMAN
    3150 Roland Avenue
    Post Office Box 5776
    Springfield, Illinois 62705-5776
    (217) 523-4900
    P
    REM:013/Filings/Notice of Open Waiver
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 12, 2006

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