BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF I1,LINOIS
ELECTRO-MOTIVE DIESEL, INC.
1
1
Petitioner,
v.
PCB No.
1
(CAAPP Appeal
-
Ninety Day Extension)
lLLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
Respondent.
)
NOTICE OF FILING
To:
See Attached Certificate of Service
Please take notice that on January 17, 2007, I filed with the Illinois Pollution Control
Board this Notice of Filing, Request For Ninety Day Extension Of Appeal Petiod, copies of
which are attached and hereby served upon you,
Dated: January 17, 2007
ELECTRO-MOTIVE DIESEL, INC.
/------
Michael P. Rissman
Kevin Desharnais
MAYER,
BROWN, ROWE
&
MAW LLP
7 1 South Wacker Drive
Chicago, Illinois 60606
(3 12) 782-0600
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 17, 2007
* * * * * PCB 2007-065 * * * * *
BEFORE THE I1,LINOIS PO1,LUTION CONTROL BOARD
OF
THE STATE OF IL1,INOIS
ELECTRO-MOTIVE DIESEL, INC.
)
)
Petitloner,
)
PCB No.
1
(CAAPP Appeal
-
Ninety Day Extension)
v.
)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
1
1
Respondent.
)
REQUEST FOR NINETY DAY EXTENSION OF APPEAL PERIOD
NOW COMES the Petitioner, Electm-Motive Diesel, Inc., by one of its attorneys, Kevin
G. Desharnais, and pursuant to Section 40.2 of the Illinois Envii-onmental Protection Act (415
lLCS 5140.2), hereby requests that the Illinois Pollution Control Board ("Board") grant an
extension of the thirty-five
(35) day period for appealing a Clean A1r Act Permit Program
("CAAPP") permit by the maximum period of time for such extension allowed under Section
40.2 of the Act
In support of this request for extension, Electro-Motive Diesel, Inc. states as follows:
1.
Respondent Illinois Environmental Protection Agency issued a final CAAPP
peimit renewal ("Permit"), Facility I.D. No. 031 174AAA. Application No.
95 120282, to
Petitioner on December
13,2006, which Permit was subseqi~ently received by Petitioner. A
copy of the fir-st page of the Permit is attached hereto as Exhibit A.
-.
7
The additional time requested by Petitioner may eliminate the need for the filing
of an appeal before this Board to address certain items in the permit which may be in dispute
3.
As is set foi-th in the accompanying affidavit (Exhibit B), the undersigned counsel
certifies that coi~nsel for Respondent agrees to the requested extension and joins in the request.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 17, 2007
* * * * * PCB 2007-065 * * * * *
WHEREFORE, for the reasons stated above, Petitioner requests that the Board, in the
interest of admlnistrnt~ve and judicial economy, grant this request for the maximum extension of
the thirty-five day period for petitioning for a hearing.
Dated: January
17,2007
ELECTRO-MOTIVE DIESEL, INC.
By:
l
Michael P. Rissman
Kevin Deshatnais
MAYER, BROWN,
ROWE
&
MAW LLP
7 1 South Wacker Drive
Chicago, Illinois
60606
(3 1 2) 782-0600
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 17, 2007
* * * * * PCB 2007-065 * * * * *
RENEWAL
CLEAN AIR ACT PERMIT PROGRAM (CAAPP) PERMIT
PERMITTEE
:
Electro-Motive Diesel, Inc.
, <
Attn: Jack Kaps, Assistant Superintendent Env. Eng.
I
I
9301 West 55th Street
McCook, Illinois 60525
I.D. No.: 031174AAA
Date Received: June
1, 2004
Application No.: 95120282
Date Issued: December 13, 2006
Expiration
ate': December 13, 2011
Operation of: Locomotive engines and components manufacturing
Source Location: 9301 West 55th Street, McCook, Cook County
Responsible Official: A1 Hediger, Vice President Operations
This permit is hereby granted to the above-designated Permittee to OPERATE a
Locomotive engines and components manufacturing plant, pursuant to the above
referenced permit application. This permit is subject to the conditions
contained herein.
If you have any questions concerning this permit, please contact Sunil Suthar
at 217/782-2113.
Edwin C. Bakowski, P.E.
Acting Manager, Permit Section
Division of Air Pollution Control
cc: Illinois EPA, FOS, Region 1
CES
Lotus Notes
1
Except as provided in Conditions 1.5 and 8.7 of this permit.
EXHIBIT
ELI
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 17, 2007
* * * * * PCB 2007-065 * * * * *
BEFORE THE IL1,INOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
ELECTRO-MOTIVE DIESEL, INC.
Petitioner,
1
1
v.
)
PCB No.
1
(CAAPP Appeal
-
Ninety Day Extension)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
)
Respondent.
)
STATE OF ILLINOIS
)
SS:
COUNTY OF COOK
1
AFFIDAVIT OF KEVIN G. DESHARNAIS
Kevin G. Desharnais, being duly sworn on oath, deposes and states:
1.
I am one of the attorneys for Petitioner Electro-Motive Diesel, Inc.
("EMD") in the above-captioned matter.
2.
EMD received a Renewal CAAPP Permit I.D. No. 031 174AAA,
Application No. 95120282 which bears the issue date of December 13,
2006. There are several terms in the permit which are in error and which
EMD intends to have corrected. EMD would prefer to have said e~rors
corrected by the Illinois Environmental Protection Agency, rather than by
an appeal to the Pollution Control Board,
if that is possible.
3.
Today
I spoke with Mr. Robb Layman, one of the attorneys for the Illinois
Environmental Protection Agency. My colleague Michael Rissman also
participated in the call. Mr. Rissman and I stated to Mr. Layman that on
behalf of EMD we wished to request an extension pursuant to Section 40.2
of the Illinois Environmental Protection Act of the period of time to
petition for
a hearing before the Board to contest the decision of the
Agency.
4.
Mr. Layman authorized Mr. Rissman and me to state to this Board that
Mr. Layman agreed, on behalf of the Agency, to the request for the
extension. (Mr. Layman did not authorize us to convey, and we do not
convey, any opinion of Mr. Layman regarding the merits of any petition
for- hearing.)
CHDBOI 1379205.1 17-]an-07
16
20
EXHIBIT
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 17, 2007
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Further Affiant Sayeth Naught
/
'7
Subscribed and swy~m to
before me this I
3
day
of January, 2007
."J;--c&,~c
A. Aww
~otdd
Public
u
Elizabeth
A.
Dwyer
Notary Public, State of Illinois
My Commission
EXD.
05/18/2010
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 17, 2007
* * * * * PCB 2007-065 * * * * *
CERTIFICATE OF SERVICE
Kevin G. Deshamais, an attorney. certifies that a copy of the foregoing Reqi~est For
Ninety Day Extension
Of Appeal Period was sent by First Class United States Mail, proper
postage prepaid, on January 17, 2007
to:
Robb Layman
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue, East
P.O. Box 19276
Springfield,
1L 62794-9276
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 17, 2007
* * * * * PCB 2007-065 * * * * *