BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
RECEIVED
CLERK'S
OFFICE
MAY 0 7 2008
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STATE
muti:In
OF
Control
ILLINOISBoard
PROPOSED ADJUSTED STANDARD FROM
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AS 2008-008
AMMONIA NITROGEN DISCHARGE LEVELS AT
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(Adjusted Standard)
35 III. Adm. Code 304.122 FOR CITGO PETROLEUM
AND PDV MIDWEST REFINING, L.L.C.
NOTICE OF FILING
TO:?
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601-3218
Carol Webb, Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
Jeffery C. Fort
Ariel J. Tesher
Sonnenschein Nath & Rosenthal LLP
233 S. Wacker Drive
Chicago, IL 60606-6404
Bill Richardson, General Counsel
Department of Natural Resources
One Natural Resources Way
Springfield, Illinois 62702-1271
Matthew J. Dunn
Division Chief, Environmental Enforcement
Illinois Attorney General
100 W. Randolph Street, 12
1h Floor
Chicago, Illinois 60601
PLEASE
TAKE NOTICE that I have today filed with the Office of the Clerk of the
Pollution Control Board the attached
APPEARANCE and MOTION FOR EXTENSION OF
TIME TO FILE RECOMMENDATION
of the Illinois Environmental Protection Agency,
a copy of
which is herewith served upon you.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
BY:
Sanjay K. Sofat, Assistant Counsel
Dated: May 5, 2008
1021 N. Grand Ave. East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
CECEIVEDLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY 07.2008
• ("Hutton
STATE OF
Control
ILLINOIS
Board
IN THE MATTER OF:
PROPOSED ADJUSTED STANDARD FROM
)
AS 2008-008
AMMONIA NITROGEN DISCHARGE LEVELS AT
)
(Adjusted Standard)
35 III. Adm. Code 304.122 FOR CITGO PETROLEUM
AND PDV MIDWEST REFINING, L.L.C.
APPEARANCE
The undersigned, as one of its attorneys, hereby enters an APPEARANCE on behalf of
Respondent, Illinois Environmental Protection Agency.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By: Sanjay
K. Sofat, Assistant Counsel
Division of Legal Counsel
DATED: May 5, 2008
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
(217)782-5544
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
PROPOSED ADJUSTED STANDARD FROM
AMMONIA NITROGEN DISCHARGE LEVELS AT
35 III. Adm. Code 304.122 FOR CITGO PETROLEUM
AND PDV MIDWEST REFINING, L.L.C.
MAY 0 7 2008
STATE
OF ILLINOIS
ollubon Control Board
AS 2008-008
(Adjusted Standard)
MOTION FOR EXTENSION OF TIME TO FILE RECOMMENDATION
NOW COMES the Illinois Environmental Protection Agency ("Illinois EPA") by one of
its attorneys, Sanjay K. Sofat, and moves the Illinois Pollution Control Board ("Board"),
pursuant to 35 III. Adm. Code 101.522 and 104.416, to grant it an extension of time to file its
Recommendation to the CITGO Petroleum and PDV Midwest Refining ("CITGO" or
Petitioner") petition for an adjusted standard, due on May 5, 2008, until June 5, 2008, an
additional (30) days. In support of its request, the Illinois EPA states as follows.
1.
On March 18, 2008, CITGO and PDV filed a petition with the Board for an
adjusted standard from 35 III. Adm. Code 304.122. Specifically, the Petitioner
seeks relief from the ammonia nitrogen requirements applicable to Lemont
Refinery located in Lemont, Illinois.
2.
On April 2, 2008, CITGO filed a Certificate of Publication with the Board
pursuant to 415 ILCS 5/28.1 (d)(2006) and 35 Ill. Adm. Code 104.408 and
104.410 certifying that notice of its adjusted standard petition was published in
the GateHouse Media Suburban Newspaper, an newspaper circulated on March
21, 2008, in the village of Lemont in the County of DuPage, Cook and Will in the
State of Illinois.
3.
Pursuant to 35 III. Adm. Code 104.416, the Illinois EPA is required to respond to
an adjusted standard petition within forty-five (45) days of filing with the Board.
4.
The undersigned attorney needs sufficient time to review both the technical and
legal subject matter of CITGO's petition, as well as time to finalize the Agency's
Recommendation.
5.
The Petitioner will suffer no prejudice should the Illinois EPA be granted an
extension of time to respond to its adjusted standard petition.
10. An
affidavit of Sanjay Sofat, one of the attorneys for the Illinois EPA, is attached
hereto and by reference incorporated herein in support of the Illinois EPA's
Motion for Extension of Time to File Recommendation.
WHEREFORE, the Illinois EPA respectfully requests that the Board grant it an extension of time
in which to respond to CITGO's petition for adjusted standard for an additional thirty (30) days
until June 5, 2008.
Respectfully Submitted
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
c"-Ths-rAk
DATED: May 5, 2008
1021 N. Grand Ave. East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Sanjay Sofat
Assistant Counsel
Division of Legal Counsel
BY:
STATE OF ILLINOIS
SS.
COUNTY OF SANGAMON
AFFIDAVIT
I, SANJAY K. SOFAT, being first duly sworn upon oath, depose and state as follows:
1.
I am employed by the Illinois Environmental Protection Agency as an Assistant
Counsel to the Bureau of Water.
2.
As part of my duties, I represent the Illinois EPA in the case
In the Matter of
Proposed Adjusted Standard from Ammonia Nitrogen Discharge Levels at 35 Ill.
Adm. Code 304.122 for CITGO Petroleum and PDV Midwest Refining, L.L.C,
PCB Case No. AS 2008-008.
3.
1 have prepared the Agency's Motion for Extension of Time to File
Recommendation, and the contents thereof are true and correct to the best of my
knowledge.
4.
I contacted counsel for the Petitioner, Jeff Fort, on April 28, 2008 regarding the
Illinois EPA's request for an extension of time to file its Recommendation in this
matter. Mr. Fort indicated that CITGO does not object to allowing Illinois EPA
an additional thirty (30) days time to file its Recommendation in this matter.
FURTHER AFFIANT SAYETH NOT
Affiant
Yw
SUBSCRIBED
AND SWORN TO BEFORE ME
thisthis — of
2008.
Notary Public
CATHERINE
**444444.444-reLs,WICIA
R.
SEAL
HUNTER
NOTARY PUBLIC, STATE OF IWNOIS
M
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COMMISSION
EXPIRES 3.142012
STATE OF ILLINOIS
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SS
COUNTY OF SANGAMON
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PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached
APPEARANCE and
MOTION FOR EXTENSION OF TIME TO FILE RECOMMENDATION
upon the
persons to whom it is directed, by placing a copy in an envelope addressed to:
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph Street
Chicago, IL 60601
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 N. Grand Ave. East
P.O. Box 19274
Springfield, IL 62794-9274
Jeffery C. Fort
Arid J. Tesher
Sonnenschein Nath & Rosenthal LLP
233 S. Wacker Drive
Chicago, IL 60606-6404
Bill Richardson, General Counsel
Department of Natural Resources
One Natural Resources Way
Springfield, Illinois 62702-1 27 1
Matthew J. Dunn
Division Chief, Environmental Enforcement
Illinois Attorney General
100 W. Randolph Street, 12 th Floor
Chicago, Illinois 60601
and mailing it from Springfield, Illinois on May 5, 2008, with sufficient postage affixed as
indicated above.
SUBSCRIBED AND SWORN TO BEFORE ME
this day of May
t, 2008.
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Notary Public
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OFFICIAL SEAL
CATHERINE R. HUNTER
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 3444012
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