BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
THE PREMCOR REFINING
)
GROUP, INC.,
)
)
Petitioner,
)
)
PCB No. 07-030
v.
)
(CAAPP Permit Appeal)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE
To:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Carol Webb
Katherine D. Hodge and Monica T. Rios
Hearing Officer
Hodge Dwyer Zeman
600 S. Second Street
3150 Roland Avenue
Suite 402
P.O. Box 5776
Springfield, Illinois 62704
Springfield, Illinois 62705-5776
PLEASE TAKE NOTICE that I have today electronically filed with the Office of
the Clerk of the Illinois Pollution Control Board a
RESPONSE TO PETITIONER’S
MOTION FOR LEAVE TO FILE AMENDED PETITION FOR REVIEW
of the
Respondent, Illinois Environmental Protection Agency, a copy of which is herewith
served upon the assigned Hearing Officer and the attorneys for the Petitioner.
Respectfully submitted by,
/s/ Robb H. Layman
Robb H. Layman
Assistant Counsel
Dated: January 9, 2007
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 524-9137
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 9, 2007
2
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
THE PREMCOR REFINING
)
GROUP, INC.,
)
)
Petitioner,
)
)
PCB No. 07-030
v.
)
(CAAPP Permit Appeal)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
RESPONSE TO PETITIONER’S MOTION
FOR LEAVE TO FILE AMENDED PETITION FOR REVIEW
NOW COMES the Respondent, ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY (“Illinois EPA”), by and through its attorney, and, pursuant to 35 Ill. Adm.
Code 101.500(d), and files this Response to the Motion for Leave to File Amended
Petition for Review filed by the Petitioner, THE PREMCOR REFINING GROUP, INC.,
(hereinafter “Premcor”) in the above-captioned matter.
1.
The Illinois EPA issued a Clean Air Act Permit Program (“CAAPP”)
permit and Title I permit to Premcor on September 19, 2006, authorizing the operation of
a Marine Terminal facility located at 201 East Hawthorne, Hartford, Madison County,
Illinois.
2.
On or about October 24, 2006, Premcor’s attorneys filed a four-page
Petition for Review with the Board challenging the Illinois EPA’s September 14, 2006
CAAPP permitting decision.
3.
The Illinois EPA was served with a copy of the Petition on October 25,
2006. Thereafter, the Illinois EPA challenged the adequacy of the Petition by filing a
Motion to Dismiss with the Pollution Control Board. The thrust of the Illinois EPA’s
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 9, 2007
3
position rested upon the belief that a petition for review should contain, with some degree
of specificity, the identity of the challenged permit conditions.
4.
Petitioner filed its Motion for Leave to File Amended Petition for Review,
together with an Amended Petition for Review, with the Board on or about December 22,
2006.
5.
The Illinois EPA received service of the aforementioned Motion and the
Amended Petition on December 26, 2006.
6.
At this time, the Illinois EPA does not object to Petitioner’s Motion for
Leave to File an Amended Petition for Review with the Board. Indeed, the Illinois
EPA’s earlier Motion sought, as alternative relief to dismissal, an amended petition that
identified the specific permit conditions challenged on appeal.
7.
However, a cursory review of the Amended Petition reveals a potential
basis for objection by the Illinois EPA that is unrelated to the issue raised in the Illinois
EPA’s earlier Motion regarding petition content. Specifically, this new concern relates to
the inclusion of matters in the Amended Petition that were not initially raised by
Petitioner in the public comment process or identified in the scope of the original Petition
for Review. The Illinois EPA expects to exercise its right to object to the sufficiency of
the Amended Petition, as authorized pursuant to 35 Ill. Adm. Code 101.506, following
the Board’s final action on the Petitioner’s Motion for Leave to File its Amended Petition
for Review.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 9, 2007
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WHEREFORE, the Illinois EPA respectfully informs the Board that no objection
is given to the Petitioner’s Motion for Leave to File Amended Petition and, further, that
any possible objections by the Illinois EPA as to the underlying Amended Petition will be
either tendered or waived in accordance with the Board’s procedural requirements.
Respectfully submitted by,
/s/ Robb H. Layman
Robb H. Layman
Assistant Counsel
Dated: January 9, 2007
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 524-9137
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 9, 2007
5
CERTIFICATE OF SERVICE
I hereby certify that on the 9
th
day of January, 2007, I did send, by electronic mail,
the following instrument entitled
RESPONSE TO PETITIONER’S MOTION FOR
LEAVE TO FILE AMENDED PETITION FOR REVIEW
to:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
and, that on the following day of January 10, 2007, I did send a true and correct copy of
the same foregoing instruments, by First Class Mail with postage thereon fully paid and
deposited into the possession of the United States Postal Service, to:
Carol Webb
Katherine D. Hodge and Monica T. Rios
Hearing Officer
Hodge Dwyer Zeman
600 S. Second Street
3150 Roland Avenue
Suite 402
P.O. Box 5776
Springfield, Illinois 62704
Springfield, Illinois 62705-5776
/s/ Robb H. Layman
Robb H. Layman
Assistant Counsel
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 9, 2007