BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
AMENDMENTS TO 35 ILL. ADM.
CODE 225: CONTROL OF EMISSIONS
FROM LARGE COMBUSTION SOURCES
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R09-10
(Rulemaking - Air)
NOTICE
TO:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph, Suite 11-500
Chicago, Illinois 60601-3218
SEE ATTACHED SERVICE LIST
PLEASE TAKE NOTICE that I have today filed with the Office
of the Pollution Control
Board the MOTION FOR EXPEDITED REVIEW
of the Illinois Environmental Protection
Agency a copy
ofwhich is herewith served upon you.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
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Charles E. Matoesian
Assistant Counsel
Division
of Legal Counsel
DATED: October 28, 2008
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
217.782.5544
217.782.9143 (TDD)
THIS FILING IS SUBMITTED
ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, October 28, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
PROPOSED AMENDMENTS TO
35 ILL. ADM. CODE 225
CONTROL OF EMISSIONS FROM
LARGE COMBUSTION SOURCES
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R09-1O
(Rulemaking - Air)
MOTION FOR EXPEDITED REVIEW
NOW COMES Proponent, the Illinois Environmental Protection Agency
("Illinois EPA"),
by its attorney, and pursuant to 35 Ill. Adm. Code 101.512, respectfully
submits this Motion for Expedited Review ("Motion").
In
support of its Motion, the
Illinois EPA states as follows:
1. Affected coal-fired electric generating units ("EGUs") must comply with the
emission limits in 35
III Admin. Code 225, Subpart B, by July 2009.
2. The Illinois EPA is filing these amendments to Part 225 because ofthe vacatur
of the federal Clean Air Mercury Rule ("CAMR") by the United States Court of Appeals
for the District
of Columbia on March 13, 2008
(New Jersey
v.
Environmental Protection
Agency,
517 F.3d 574 (D.C. Cir. 2008))1.
3. Due to this event, the Illinois EPA has proposed amendments to Part 225 to
recreate certain monitoring provisions
of the Federal rule found primarily at 40 CFR Part
75 that had been incorporated by reference, and add them to the Illinois Mercury Rule.
The proposed amendments also give greater flexibility to sources in monitoring mercury
emissions than provided under the existing rule. The substance
ofPart 225 is unchanged,
I
The USEPA has filed a petition for a writ of certiorari to the United States Supreme Court. However, at
the time
of filing this motion, the United States Supreme Court has not acted upon the writ.
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Electronic Filing - Received, Clerk's Office, October 28, 2008
as those regulations will continue to address the control of mercury emissions from EGUs
beginning in July 2009.
4. The lilinois
EPA's administration and implementation ofthe Illinois Mercury
Rule would
be greatly aided and subject to less uncertainty if this rulemaking is acted
upon in an expedited manner. Similarly, affected sources would also be well-served in
compliance efforts
if the rulemaking is resolved as quickly as possible. Because of this
need for certainty and clarity, and because the proposed amendments do not change the
substance
ofPart 225, the regulations need to be adopted in an expedited manner.
5. Without these amendments, the lllinois Mercury Rule will lack monitoring
provIsIOns.
6. In light of the foregoing, it is necessary to expedite review in this matter.
7. As required by 35 Il1. Adm. Code Section 101.512, this Motion is
accompanied
by an Affirmation attesting that the facts cited herein are true.
WHEREFORE, for the reasons set forth above, the Illinois EPA respectfully
requests that the Board grant this Motion and expedite review in this matter. Further, the
Illinois EPA requests that the Board consider and act upon this Motion at its meeting
scheduled for November
6, 2008.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Charles atoeslan
Assistant Counsel
Division
of Legal Counsel
2
Electronic Filing - Received, Clerk's Office, October 28, 2008
DATED: October 28,2008
1021 N. Grand Ave. East
P.O. Box 19276
Springfield, IL 62794-9276
(217) 782-5544
3
Electronic Filing - Received, Clerk's Office, October 28, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
PROPOSED AMENDMENTS TO
35 ILL. ADM. CODE 225
CONTROL OF EMISSIONS
FROM
LARGE COMBUSTION SOURCES
)
)
)
)
)
)
R09-10
(Rulemaking - Air)
AFFIRMATION
I, Charles E. Matoesian, under oath, hereby state and affirm that I am an Assistant
Counsel for the Illinois
EPA and the facts cited in the foregoing Motion for Expedited
Review are true and correct to the best
ofmy information and belief.
Charles E. Matoesian
Assistant Counsel
Division
of Legal Counsel
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OFFICIAL SEAL
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NOTARY
CYNTHIA
PUBLIC, STATE
L. WOLFE
OF IWHOIS
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MY COMMISSION EXPIRES
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Electronic Filing - Received, Clerk's Office, October 28, 2008
STATE OF ILLINOIS
COUNTY OF SANGAMON
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CERTIFICATE OF SERVICE
I, the undersigned, an attorney, state that I have served electronically the attached
MOTION FOR EXPEDITED REVIEW, upon the following person:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James
R. Thompson Center
100 West Randolph St., Suite 11-500
Chicago, IL 60601-3218
and mailing it
by first-class mail from Springfield, llJinois, with sufficient postage affixed to the
following persons:
SEE ATTACHED SERVICE LIST
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Charles
E. Matoesian
Assistant Counsel
Division
of Legal Counsel
Dated: October 28, 2008
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
217.782.5544
217.782.9143 (TDD)
Electronic Filing - Received, Clerk's Office, October 28, 2008
R09-10 Service List
Tim Fox, Hearing Officer
Illinois Pollution Control Board
James
R.
Thompson Center
100 West Randolph St., Suite 11-500
Chicago,lL
60601-3218
Virginia Yang
Deputy Legal Counsel
Illinois Department
ofNatural Resources
One Natural Resources Way
Springfield, 1L 62702
Matthew Dunn,
Chief
Division of Environmental Enforcement
Office of the Attorney General
69 West Washington St., Suite 1800
Chicago, IL 60602
Electronic Filing - Received, Clerk's Office, October 28, 2008