BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLEAK's OFFICE
MAY 3 0 2008
)
AS 2008-008
P
STATE
ollution
OF
Control
ILLINOIS
Board
) (Adjusted Standard)
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.
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'b 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
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:
jA
Sanjay K. Sofat, Assistant Counsel
Dated: May 28, 2008
1021 N. Grand Ave. East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD Imriet
ERCy
1(
3
0 2008
'ES
OIFVFIECED
S
TATE OF ILLINOIS
killution 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.
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 Ill. 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 June 5, 2008 until June 20, 2008, an
additional (14) 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 Ill. 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
2 / , 2008, in the village of Lemont in the County of DuPage, Cook and Will in the
State of Illinois.
3.
Pursuant to 35 Ill. 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.
On May 5, 2008, the undersigned attorney requested an additional thirty (30 days)
to review both the technical and legal subject matter of CITGO's petition, as well
as time to finalize the Agency's Recommendation.
5.
Due to extenuating circumstances of the workload of the undersigned attorney, an
additional fourteen (14) days is requested to complete the Agency's
recommendation.
6.
The undersigned attorney contacted counsel for CITGO on May 27, 2008.
7.
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 fourteen (14)
days until June 20, 2008.
Respectfully Submitted
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
BY:
DATED: May 28, 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
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.
I 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 May 27, 2008 regarding the
Illinois EPA's request for an extension of time to file the Agency's
Recommendation in this matter. I informed Mr. Fort that the Agency would not
seek another extension of time after this request. Mr. Fort indicated that CITGO
does not object to an additional fourteen (14) days time to file this
Recommendation in this matter.
FURTHER AFFIANT SAYETH NOT
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME
this
day of
, 2008.
Notary Public
STATE OF ILLINOIS
SS
COUNTY OF SANGAMON
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached
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
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
th Floor
Chicago, Illinois 60601
and mailing it from Springfield, Illinois on May 28, 2008, with sufficient postage affixed as
indicated above.
SUBSCRIBED AND SWORN TO BEFORE ME
this day of May 28, 2008.
MLX4ec 7\2--;
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Notary Public
OFFICIAL SEAL
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•
BRENDA BOEHNER
t. NOTARY PUBLIC, STATE OF ILLINOIS
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