BEFORE THE
ILLINOIS POLLUTION CONTROL
BOARD
DYNEGY MIDWEST
GENERATION, INC.,
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION Agency,
To:
)
)
)
)
)
)
)
)
)
NOTICE OF FILING
John
Therriault, Assistant Clerk
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100
West Randolph
Chicago, Illinois 60601
Illinois Environmental Protection
Agency
Division
of Legal Counsel
1021
North Grand Avenue, East
P.O. Box
19276
Springfield,
Illinois
62794-9276
PLEASE TAKE NOTICE that we have today electronically filed with
the Office
of the
Clerk of the Pollution
Control Board MOTION TO FILE AMENDED
PETITION FOR
VARIANCE,
AMENDED PETITION FOR VARIANCE, and
AFFIDAVIT OF ARIC
D.
DIERICX,
copies of which e herewith served
upon you.
Kathleen C.
assi
Dated:
February 18, 2009
Kathleen C.
Bassi
Stephen
J.
Bonebrake
SCHIFF HARDII,
LLP
6600 Sears
Tower
233
South
Wacker Drive
Chicago, Illinois
60606
312-258-5500
V.
PCB 09-48
Variance — Air
Electronic Filing - Received, Clerk's Office, February 18, 2009
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
DYNEGY
MIDWEST
GENERATION,
INC.,
)
)
Petitioner,
)
)
v.
)
PCB
09-048
)
Variance
—
Air
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
Agency,
)
)
Respondent.
)
MOTION
TO
FILE
AMENDED
PETITION
FOR
VARIANCE
NOW
COMES Petitioner,
DYNEGY
MIDWEST
GENERATION,
INC.
(“DMG” or
“Petitioner”),
by
and through
its attorneys,
SCHTFF
HARDEN
LLP, and,
pursuant
to 35
Ill.Adm.Code
§
104.226(a)
104.500
and
the
Board’s
Order
in this matter
dated
February 5,
2008
(“Order”),
moves the
Board to
grant
Petitioner
leave
to
file
an Amended
Petition
for
Variance.’
In
support of
its Motion
to File Amended
Petition
for
Variance,
Petitioner
states
as
follows:
1.
On
January 9,
2009, DMG
filed
a
Petition
for
Variance,
incorporated
by
reference
in the
Amended
Petition
for Variance.
2.
On
February
5, 2009,
the
Board
issued the
Order
identifying
“informational
deficiencies”
in the Petition
for
Variance
and
directed DMG
to provide
certain
information.
The
Pursuant
to the
Order DMG
has characterized
the
document
it
here
seeks
leave
to
file as
an Amended
Petition
for
Variance.
As
discussed
in
the
accompanying
Amended
Petition
for
Variance
and
a Motion
for
Reconsideration
filed
at the same
time as
this Motion
and the
Amended
Petition,
DMG
believes
the Amended
Petition
would
be
more appropriately
characterized
as
a supplement
to
its
Petition
for Variance
or as a response
to
a
request for
information.
By characterizing
of
the Amended
Petition
its Amended
Petition
for Variance,
DMG
does
not
waive
any right to
appeal
the
Board’s Order
or
any
subsequent
dismissal of
the
Petition
or
Amended Petition
for
Variance.
Electronic Filing - Received, Clerk's Office, February 18, 2009
Board
determined
in the
Order
that
this
additional
information
would
constitute
an amended
petition.
3.
The
Order
granted
DM0
until
March
9,
2009, to
file an
amended
petition.
4.
The
Amended
Petition
for Variance
accompanying this
Motion
for
Leave
to File
Amended
Petition
for
Variance
is in
response
to the
Board’s
Order.
5.
DMG
will
suffer
irreparable
harm
if the
Board
does not
grant
it leave
to
file
its
Amended
Petition
for Variance,
because
it would
then
lose the
opportunity
to obtain
the relief
sought
in the
Amended
Petition
for Variance.
WHEREFORE.
for
the reasons
set
forth
above,
Petitioner
DYNEGY
MIDWEST
GENERATION,
INC.,
respectfully
requests
that
the
Board
grant
it leave
to file
its Amended
Petition
for Variance.
Respectfully
submitted,
DYNEGY
MIDWEST
GENERATION,
INC.,
by:
One of
Its Attorneys
Dated:
February
18,
2009
Kathleen
C. Bassi
Stephen
J. Bonebrake
SCHIFF
HARDIN,
LLP
6600
Sears
Tower
233
South
Wacker
Drive
Chicago,
Illinois
60606
312-258-5500
Fax:
312-258-2600
kbassi@schiffhardin.com
-2-
Electronic Filing - Received, Clerk's Office, February 18, 2009
BEFORE THE
ILLINOIS POLLUTION CONTROL
BOARD
DYNEGY
MIDWEST GENERATION, INC.,
)
)
Petitioner,
)
)
v.
)
PCB 09-048
)
Variance — Air
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
Agency,
)
)
Respondent.
)
AMENDED PETITION1
FOR VARIANCE
NOW
COMES
Petitioner,
DYNEGY MIDWEST GENERATION,
INC., by
and
through
its
attorneys, SCHIFF HARDIN LLP,
and, pursuant to the Board’s
Order, Sections 35
and
37 of
the Environmental
Protection Act (“Act”), 415 ILCS 4/34,
37, and 35
Ill.Adm.Code
Part 104,
Subpart B, respectfully requests that
the Board grant the Petitioner
a
variance
from
certain
provisions of the Illinois Multi-Pollutant Standard
(“MPS”), 35
Ill.Adm.Code
§
225.233, as
applied to
Unit
3 at the Baldwin Energy Complex for the
limited period beginning
July 1, 2009,
and ending March 3 1, 2010. Specifically,
DMG seeks a variance
at
Baldwin Unit
3
from
the
MPS
requirements
in 35 I1l.Adm.Code
§
225.233(c)(1)(A) and 225.233(c)(2)
2
to inject,
Pursuant to an Order issued
by the
Board on February 5, 2009
(“Order”), Dynegy
Midwest Generation (“DMG” or “Petitioner”)
has
characterized
this document as an Amended
Petition
for Variance. DMG believes it would
be more appropriately characterized
as a
supplement to its Petition
for
Variance or as
a
response to
a
request
for
information. By
characterizing
of
this document as
its Amended Petition for Variance,
DMG does not waive any
right to appeal the Board’s Order or any subsequent dismissal of the Petition
or Amended
Petition for Variance.
2
Hereinafter, references to the
Board’s
rules will be indicated merely
by
section number
rather
than
by
their full citation.
Electronic Filing - Received, Clerk's Office, February 18, 2009
beginning July 1,
2009, halogenated activated carbon3
at a
minimum injection rate
of 5.0 pounds
per
million
actual cubic
feet
(“lbs/macf’) exhaust
gas
flow and from related monitoring,
recordkeeping, and reporting provisions at Sections 225.210(b)
and (d) and 225.233(c)(5). DM0
will suffer arbitrary
or unreasonable hardship if the
Board does not grant this requested variance.
Pursuant to the Order and Section 104.226(c),
DM0 incorporates by reference its
Petition
for
Variance filed January
9,
2009 (“Petition
for Variance”), in
this matter. Further, DM0
provides
the
following additional
information
in response to the Order and in support if its
request for
variance:
I.
PERTINENT
BACKGROUND
AND PETITION
FOR VARIANCE
1.
On January
9,
2009,
DMG filed
a
Petition
for Variance.
2.
On February
5, 2009, the Board
issued an order identifying
“informational
deficiencies” in the Petition for
Variance and
directed DM0 to provide
certain information.
The
Board determined
that this additional
information would
constitute an amended petition
and that,
pursuant to Section 104.226(c),
DM0 was not required
to repeat its Petition for Variance.
3.
On February 11,
2009, the Clerk
of
the
Board posted
a
notice
on the Board’s
website under the docket
for this matter indicating
that
John
J. Kim, attorney for
the Illinois
Environmental Protection
Agency (“Agency”)
had filed his appearance
and that the Agency
had
filed its certification of publication
in this matter.
4.
All other
elements and statements contained
in the Petition for Variance
remain
true,
correct, and pertinent, and DM0
requests that the Petition for Variance
be incorporated
herewith,
pursuant to Section 104.226(c).
The terms
“halogenated
activated
carbon” and “sorbent”
are used interchangeably
in
this Amended Petition.
-,.-
Electronic Filing - Received, Clerk's Office, February 18, 2009
II.
ADDITIONAL
INFORMATION REQUIRED BY THE BOARD
THROUGH ITS
ORDER
5.
In
the paragraphs below, DMG
identifies and addresses each of the four
informational items
that the Board identified in its Order. As stated
in
the
Motion for
Reconsideration
that
was
filed
at
the same time as this Amended Petition,
DMG asserts that the
Petition
for Variance was sufficient and does not, by
submitting this additional
information,
admit that the
Petition for Variance was in any way
insufficient nor does it
waive
any rights to
appeal it may
have
by
filing this Amended Petition.
Item 1:
Dynegy
provided
a map as
Exhibit 1 to the petition from the
Agency’s
“Illinois Annual
Air Quality
Report 2006” with the
superimposed locations of Dynegy’s power stations. Would Dynegy
please indicate the nearest monitoring station as well as the
nearest
downwind monitoring station maintained
by
the Agency that are
used for
monitoring
mercury emissions
for
each of Dynegy’s power
stations and identify the specific stations by
name
and location? See
35 III. Adm. Code 104.204(b)(2).
6.
In response to
this request
for information, please see Exhibit I to this Amended
Petition, which identifies by name and Street
address the
air monitoring stations
located
nearest
to
each of DMG’s power
plants and
could at some times be downwind of DMG’s
power plants.
The information for each of these monitoring stations was taken
from
2007
illinois
Annual
Air
Quality
Report, pages 29 through 4l. There
is
only
one
air monitoring station
that monitors
ambient mercury concentrations maintained by
the
Agency
in Illinois.
That
single
monitoring
station
is
generally downwind
of
DMG’s power plants. This station is located at the Northbrook
Water
Plant in Northbrook,
Illinois,
in the Chicago area. Attached as Exhibit 2
to this Amended
Petition
is the Agency’s map
visually
showing the locations of its
air
monitoring stations
with
‘
Though
the 2007 air quality report is dated December 2008, DMG became aware
of its
availability only after the
Petition for Variance was filed. The 2007 illinois Annual Air Quality
Report is
located on the Agency’s website at < http://www.epa.state.il.us/air/air-quality
repott/2007/index . html>.
-3-
Electronic Filing - Received, Clerk's Office, February 18, 2009
the locations of
DMG’s
power
plants superimposed. It appears
that several air monitoring
stations were dropped
from the Agency’s
network
in
2007, thus DMG has included the updated
information.
Item 2:
The
petition on page 3
states, “SO
2is
currently generally controlled
through the use of low
sulfur coal.” If possible, would you
please
quantify
the
amount and type
of coal used at each power station
(Baldwin Unit
3,
Havana Unit 6, and
Hennepin Unit 2) and
indicate
if
that amount and type is expected to change
during
the
proposed
variance period.
See 35
Iii. Adm. Code
104.204(b)(6).
7.
The
Board provided no timeframes regarding
the
amount of
coal “used” at each
Baldwin
Unit 3,
Havana Unit
6,
and Hennepin Unit 2 in Item 2 quoted
above.
In
order to
identify
the amount of coal used, there must be a
time
during which that
amount can be
quantified. Therefore, DMG made certain
assumptions
in
order
to
provide
this
information.
Along with the assumptions are certain
caveats
that must be explained.
8.
There
will
be no
change in the hourly rate
of coal use for any
of DMG’s units
as a
result of the
variance.
9.
Baldwin Unit 3 consumed 1,607,118 tons of Powder River Basin (“PRB”) coal
from
July
2007
through March 2008.
This
nine-calendar month
time period (July through
March) corresponds to the most recent and complete time for which DMG seeks the
variance
for
Baldwin
Unit 3,
albeit it two years earlier. DMG chose this timeframe for the comparison
requested by
the Board because it
does not yet
know
the amount of coal
it
will
use
through
March 2009; thus, there is currently
no historic
data regarding the amount of coal for July 2008
through
March 2009 to
serve
as a
comparison.
Based on the table that is part of Exhibit 6 to the
Petition for
Variance,
DM0
projects that
it will use 1,887,338 tons of the same type
of
coal from
July 2009
through March 2010, an increase of 280,220
tons. This increase
in the amount of coal
projected to
be used at Baldwin
Unit 3
reflects no planned outages during
the
proposed variance
-4-
Electronic Filing - Received, Clerk's Office, February 18, 2009
period for
that
unit
and
reflects
that
there
was
there was
an extended
outage
at
Baldwin Unit
3 in
October
and
November
of
2007.
10.
Havana
Unit 6 used
1,023,128
tons
of
PRB coal
from
July through
December
2008, the
period
that
is
a year
prior
to the
period
identified
in
the Petition
for Variance
that DM0
would inject
sorbent
at
Havana
Unit
6 to
offset
mercury
emissions
at
Baldwin
Unit 3. Based
on
information
provided
in
Exhibit
6 to
the
Petition
for Variance,
DMG
projects
that
Havana
Unit
6
will burn
1,067,522
tons from
July through
December
2009.
The increase
of 44,394
tons
of
coal
projected
for the
period
in 2009
is
minimal
and
assumes
no
outages
of
any kind.
Further, the
increase
in projected
coal use
is not
related to the
proposed
variance.
11.
Hennepin
Unit
2 used
268,955
tons
of
PRB
coal
from
July through
December
2008.
Based on information
provided in
Exhibit 6
to the Petition
for Variance,
DMG
projects
that
it
will
use
494,063
tons
from
July through
December
2009.
The
extended
outage
taken from
October
to
December
2008 to
install the
new
baghouse
at
Hennepin
Unit
2 caused the
July
through
December
2008 coal
use to be unusually
low.
The projected
coal
use
for July
through
December
2009
reflects
normal
operation,
and
the
incremental
268,955
tons
of
PRB coal
is not
an
increase
related to
the proposed
variance.
12.
DM0 does
not expect
to use
coal
at Baldwin
Unit 3,
Havana
Unit
6,
and
Hennepin
Unit
2 that
is
any
different
in type
during
the proposed
variance
period
than
it has
historically
used
and that
was
used
at
these
three
units
during
the
timeframes
identified
here
between
July
2007
and December
2008
(i.e., PRB
coal).
Electronic Filing - Received, Clerk's Office, February 18, 2009
Item
3:
The
“End
Date”
in the
Sargent
& Lundy
calculations
is
March
6,
2010.
Pet. Exh.
6.
The
proposed
ending
date
for
the
variance
is
March
31, 2010.
Would
Dynegy
please
indicate
an
estimate
for
how
many
days
the
multi-day
outage
would
last for
the installation
of
the
ACI
system,
dry
scrubber,
and
new
fabric
filter
system
at
Baldwin
Unit
3.
If it
is
less
than
15
days,
would
you
please
calculate
the
additional
potential
mercury
contribution
to the
126.83-pound
figure
in Exh.
6
for
the
additional
days
Baldwin
Unit
3
would
be
operating
without
the
ACT
system.
See
35
III.
Adm.
Code
104.204(c).
13.
The
outage
at
Baldwin
Unit
3
in the
spring
of
2010
will
be
a
major
outage.
That
is,
the
outage
will
last
approximately
12
weeks.
Baldwin
Unit
3
will
not
be
operating
commencing
March
6, 2010,
the date
reflected
in
Exhibit
6 to
the Petition
for
Variance.
Therefore,
there
will
be
no
additional
amount
of mercury
emitted
by
Baldwin
Unit
3
beyond
March
6 through
the
end
of the
proposed
variance
period
(i.e.,
March
31,
2010).
14.
DMG
requested
that
the
variance
extend
through
March
31,
2010,
so
that it
would
not
be
required
to
submit
reports
for
the
period
between
the
commencement
of
the
outage
and
the
end of
the
first
quarter
of
2010.
As the
Board
will
recall,
the
Petition
for
Variance
includes
the
monitoring,
recordkeeping,
and
reporting
requirements
related
to the
requirement to
inject
sorbent.
Though
DMG’s
report
would
state
that
it
injected
no
sorbent
from
March
6 through
March
31,
2010,
it would
still have
to
file the
report
if
the variance
did
not also
cover
the
reporting
requirement
or ended
prior
to
the
end
of
the
quarter.
-6-
Electronic Filing - Received, Clerk's Office, February 18, 2009
Item 4:
Dynegy estimates Baldwin Unit
3
would need 4 million pounds
of
sorbent
at
$1 per
pound for the
time
period from July 1, 2009
through March
31,
2010. Pet. at 12-13.
Under
the proposed
alternative,
Dynegy estimates Havana Unit 6 and
Hennepin Unit 2
would
use
2.5 million fewer pounds of sorbent than at
Baldwin. Pet
at 15. Adding
on the cost
saved from not
dismantling and relocating
the AC!
system as
well
as
not losing revenue from
a
multi-day outage
in
2009, how much over
$2.5
million would Dynegy estimate
the
total
expected savings might be under the proposed variance? See 35
III.
Adm.
Code
104.204(d).
15.
The
gross margin
for a generating unit is
generally
the
difference
between its
market
revenue and the cost of operating
the
unit
(e.g.,
the cost of fuel and chemicals). The
market
revenue
depends
on
the timing of an 5
outage.
DM0
would
be
required
to take a
two-day
outage in order to install the sorbent injection system lances at Baldwin
Unit 3 if no
other
unplanned
outages
occurred within the next several
months. Typically,
DM0 would take this
outage over a weekend when demand is less. As
a
result, the
lost gross
margin would also
be
less. The time of year that the outage occurs
also affects the gross margin
as
the market price
of
electricity varies. The
actual projected lost gross margin for any specific weekend
is confidential
business
information. If the Board
requires the confidential lost gross
margin, DM0
would
be
happy to
provide
it under the appropriate protections. However,
it does not appear to DM0 that
the confidential projected
lost gross
margins
are necessary for the Board’s decision,
and so DM0
is
providing the
average
of the projected lost gross margins for
the
weekends
during
the range
of
months that DM0
would take an outage
at Baldwin Unit 3 to install the sorbent injection system
lances.
As discussed in the Motion for Reconsideration,
DMG does not
agree
with
the Board’s
characterization of the injection
of
sorbent
at
Havana Unit
6 and Hennepin Unit 2 as
“alternative” means of compliance. Rather,
injecting sorbent at these two units
is
offered
to
offset any
environmental harm that
could accrue
through
not
injecting
sorbent at
Baldwin
Unit
3.
Electronic Filing - Received, Clerk's Office, February 18, 2009
16.
That average is approximately $435,000 in lost gross margin. Even though gross
margin is not the same as profit (i.e., it
does not
exclude
interest, taxes, and other
expenses),
it
can be added
to
the
potential
$2.5
million
that may be
saved from using less
sorbent at
Havana
Unit 6 and Hennepin Unit 2 during the variance period and to the
$100,000
cost of having to
install the sorbent injection lances
to
estimate DMG’s total savings resulting
from the
granting
of
this variance.
This
savings estimate is approximately
$3,035,000
— if the Board grants
the
variance
before
an unplanned unit outage is taken. The savings
estimate
is
approximately
$2,500,000
if the
Board
grants the variance after the sorbent
injection
lances are installed.
17.
Because of the lead
times
necessary for DMG to arrange for the installation
of the
sorbent injection system lances and
to
have
sorbent on site in order for
it to comply
with
the July
1, 2009, deadline for injecting sorbent
at
Baldwin
Unit 3, DM0 will experience the two-day
outage at Baldwin Unit 3 regardless of
the Board’s decision if the decision
comes after May 7,
2009, and barring any
other relief that may be available,
such as a provisional
variance
to bridge
the time
gap. If
the
Board’s decision is delayed after its
May
7
th
meeting, the only savings
would
be
the
difference
in sorbent cost, as indicated
above.
WHEREFORE, for the reasons set forth above
and in the Petition for Variance,
DYNEGY
MIDWEST GENERATION, INC.
respectfully requests that the Board
grant DMG a
variance
from
the
MPS
requirement
that Baldwin
unit
3
inject sorbent during the
period from
-8-
Electronic Filing - Received, Clerk's Office, February 18, 2009
July
1,
2009,
through March
31,
2010, and
from
the
related
monitoring,
recordkeeping,
and
reporting
requirements.
Respectfully
submitted,
DYNEGY
MIDWEST
GENERATION,
[NC.,
by:
Dated: February
18,
2009
Kathleen
C.
Bassi
Stephen
J. Bonebrake
SCHIFF
HARDIN,
LLP
6600
Sears
Tower
233
South
Wacker
Drive
Chicago,
Illinois
60606
312-258-5500
Fax: 312-258-2600
kbassi@schifthardin.com
-9-
Electronic Filing - Received, Clerk's Office, February 18, 2009
Exhibit 1
Summary
of
Nearest
IEPA Air Monitoring
Locations
Electronic Filing - Received, Clerk's Office, February 18, 2009
SUMMARY
OF
NEAREST
IEPA
AIR
MOMTORING
LOCATIONS
Eqiñpment
NAMS
-
PMIO;
SLAMS
PM2.5
NAMS
-
S02
SLAMS
-
PM1O,
PM2.5,
S02;
308
Portland
Ave.,
SPMS
-
WS/WD,
PM2.5
606
E.
Grove
SLAMS
-
03,
0190004
1
Road,
Champaign
PM25
409
Main
Street
Plant
Northbrook
Water
Plant
Northbrook
Water
Plant
750
Dundee
Road,SPMS
-
Hg,
TOX,
Northbrook
TSP
750
Dundee
Road,
SPMS
-
Hg,
TOX,
Northbrook
TSP
750
Dundee
Road,
SPMS
-
Hg,
TOX,
0314201
Northbrook
•TSP
750
Dundee
Road,SPMS
-
Hg,
TOX,
0314201
Northbrook
TSP
750
Dundee
Road,
SPMS
-
Hg,
TOX,
0314201
Northbrook
TSP
Dynegy
Power
Station
Baldwin
Energy
Complex
Havana
Power
Station
Hennepin
Power
Station
Name
AIRS
Code
Address
Hickory
Grove
&
IEPA
Trailer
11500001
Fallview,
Houston
Fire
Station
#3
17900004272,
Derby,
Pekin
Booker
T.
Washington
Elem.
Vermilion
Power
Station
Sch
WoodRiver
Power
Station
Clara
Barton
Elem
ll90008Alton
SLAMS
-03
1700Annex.
St.
SLAMS
-
PM2.5
SIU
Dental
Clinic
1
192009AIton
Spec.
1710
Vaughn
VIM
Test
Station
1193009
Road,
Wood
River
SLAMS
-
S02
.
SUMMARY
OF
NEAREST
IEPA
MERCURY
MONITORING
—
-
4.
Northbrook
Water
Plant
0314201
Northbrook
Water
Plant
0314201
Northbrook
Water
Baldwin
Energy
Complex
Havana
Power
Station
Hennepin
Power
Station
Vermilion
Power
Station
WoodRiver
Power
Station
LOCATIONS
Electronic Filing - Received, Clerk's Office, February 18, 2009
Exhibit
2
Statewide
Map
of
Air Monitoring
Locations
with the
Locations
of
DMG’s Power
Stations
Superimposed
Electronic Filing - Received, Clerk's Office, February 18, 2009
a
AMormgSfl
f
Coiuily
Bnthrit
I —
Hennepin
Statewide
Map
of
Air
Monitoring
Locations
‘-4
LE.
2
—
Havana
3
—
Vermilion
4 —
Wood
River
5
—
Baldwin
Iil
rf
C
10
00
40
30
34
Electronic Filing - Received, Clerk's Office, February 18, 2009
STATE OF
ILLINOIS
)
)
SS
MADISON
COUNTY
)
AFFIDAVIT OF ARIC D.
DIERICX
I,
ARIC D. DIERICX, having
first been
duly sworn,
state as follows:
1.
I
am an employee of DYNEGY MIDWEST
GENERATION,
INC. I am the
Senior
Director-Operations Environmental
Compliance.
I have
been employed in
this and
similar positions at Dynegy
for
the past eight years. Previously, I was
employed
by
Illinois
Power
Company since 1979
in
its
environmental department. illinois Power
and Dynegy merged
in 1999/2000.
As
part of my duties, I oversee permitting and regulatory development and
compliance for Air, Water, and Waste issues.
2.
I
have read the preceding
Amended
Petition for
Variance.
3.
The statements of facts contained therein
are
true and correct to the
best
of
my
knowledge and belief.
FURTHER, AFFL&NT SAYETE-I
NOT.
7;,..
Anc D. Dienex
Subscribed and sworn to before me this
/?
day of
February,
2009.
NOTARY PUBLIC
OFF1CAL
SEAL
•
•
-
JELINE
BOECKMANN
PUBLIC
STATE
OFi1,LINQIS
MMISSION
EXPIRES:O$131110
OFFIciAL
SEAL.
JACQUELiNE
BOECKMANN
NOTARY
PUBLIC.
STATE
OLUNOIS
MY
CCMMI55j
EXPIRESOS/3
1,
10
Electronic Filing - Received, Clerk's Office, February 18, 2009
CERTIFICATE
OF SERVICE
I, the undersigned,
certify that
on this
1
8
th
day
of
February,
2009,
I
have
served
electronically
the
attached
MOTION
TO FILE
AMENDED
PETITION
FOR
VARIANCE,
AMENDED
PETITION
FOR
VARIANCE,
and
AFFIDAVIT
OF
ARIC
D.
DIERICX
upon
the
following
persons:
John Therriault,
Assistant
Clerk
Illinois
Pollution
Control
Board
James
R.
Thompson
Center
Suite
11-500
100 West
Randolph
Chicago,
Illinois
60601
and
by
first class
mail,
postage
affixed,
upon:
John J.
Kim,
Managing
Attorney
Illinois
Environmental
Protection
Agency
Division
of
Legal
Counsel
1021
North Grand
Avenue,
East
P.O.
Box
19276
Springfield,
Illinois
62794-9276
Kathleen
C.
Bassi
Kathleen
C.
Bassi
Stephen
J.
Bonebrake
SCHIFF
HARDIN,
LLP
6600
Sears
Tower
233
South
Wacker Drive
Chicago,
Illinois
60606
312-258-5500
Electronic Filing - Received, Clerk's Office, February 18, 2009
