1. CERTIFICATE OF SERVICE
      2. ATTACHED SERVICE LIST.
      3. SERVICE LIST
      4. (R09-10)
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
AMENDMENTS
TO 35 ILL.ADM.CODE 225:
CONTROL OF EMISSIONS FROM LARGE
COMBUSTION SOURCES (MERCURY
MONITORING)
)
)
)
)
)
)
R09-10
(Rulemaking - Air)
NOTICE OF FILING
To:
John
T. Therriault, Assistant Clerk
Illinois Pollution Control Board
James
R. Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
Persons included on the
ATTACHED SERVICE LIST
PLEASE TAKE NOTICE that we have today filed with the Office of the Clerk of the
Pollution Control Board
MOTION TO FILE MIDWEST GENERATION'S RESPONSE TO
THE AGENCY'S POST-HEARING COMMENTS INSTANTER and MIDWEST
GENERATION'S RESPONSE TO THE AGENCY'S POST-HEARING COMMENTS.
--~
Kathleen C. Bassi
Dated: March
11, 2009
Kathleen
C. Bassi
Stephen
1. Bonebrake
SCHIFF HARDIN, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
312-258-5500
Fax: 312-258-5600
Electronic Filing - Received, Clerk's Office, March 11, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
AMENDMENTS
TO 35 ILL.ADM.CODE 225:
CONTROL OF EMISSIONS FROM LARGE
COMBUSTION SOURCES (MERCURY
MONITORING)
)
)
)
)
)
)
R09-10
(Rulemaking - Air)
MOTION TO FILE MIDWEST GENERATION'S RESPONSE
TO THE AGENCY'S POST-HEARING COMMENTS INSTANTER
NOW COMES Participant in this rulemaking, MIDWEST GENERATION, LLC, by and
through its attorneys, SCHIFF HARDIN LLP, and, pursuant to
35 Ill.Adm.Code ยง 101.500,
requests that the Board allow it to file the attached Midwest Generation'sResponse to the
Agency's Post-Hearing Comments instanter. In support
of this Motion, Midwest Generation
states as follows:
1.
Midwest Generation filed its Post-Hearing Comments in this rulemaking on
March
5, 2009.
2.
In its Post-Hearing Comments, Midwest Generation suggested that the Board
amend Section
225.2940)(2)
so that
it
would correctly correspond to an amendment proposed for
Section 225.294(g)(4) as set forth in the Illinois Environmental Protection Agency's ("Agency")
compilation
of changes to the initial proposal ("Revised Proposal"), filed with the Board
February 19, 2009. MWG Comments,
p. 4.
3.
The Agency filed its Post-Hearing Comments on March 6,2009.
-1-
Electronic Filing - Received, Clerk's Office, March 11, 2009
4.
In its Post-Hearing Comments, the Agency responded to Midwest Generation's
suggested amendment to Section 225.2940)(2) by suggesting different language and by adding
amendments to Section 225.2940)(1) as well. Agency Comments, 16
th
page.
5.
Accepting and considering Midwest Generation's Response to the Agency's Post-
Hearing Comments will not delay the Board'sdecision in this matter and will provide the Board
with a statement
of Midwest Generation's support of the Agency'sproposed changes to Sections
225.2940)(1) and (2).
WHEREFORE, for the reasons set forth above, Midwest Generation respectfully requests
that the Board grant its Motion to File Midwest Generation's Response to the Agency'sPost-
Hearing Comments Instanter.
Respectfully submitted,
MIDWEST GENERATION, LLC
by:
~s
Dated: March 11, 2009
Kathleen C. Bassi
Stephen
1.
Bonebrake
SCHIFF HARDIN LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
312-258-5567
fax: 312-258-5600
kbassi@schiffhardin.com
-2-
Electronic Filing - Received, Clerk's Office, March 11, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN
THE MATTER OF:
AMENDMENTS
TO 35 ILL.ADM.CODE 225:
CONTROL OF EMISSIONS FROM LARGE
COMBUSTION SOURCES (MERCURY
MONITORING)
)
)
)
)
)
)
R09-10
(Rulemaking - Air)
MIDWEST GENERATION'S RESPONSE
TO THE AGENCY'S POST-HEARING COMMENTS
NOW COMES Participant in this rulemaking, MIDWEST GENERATION, LLC, by and
through its attorneys, SCHIFF HARDIN LLP, and offers the following comments in response to
certain
of the Illinois Environmental Protection Agency's Post-Hearing Comments to the
February 10,2009, Hearing on the Proposal for Amending
35 Ill.Adm.Code 225 (the "Agency's
Post-Hearing Comments"), filed with the Board on March 6, 2009.
In its Post-Hearing Comments, filed March 5, 2009, Midwest Generation suggested an
amendment to Section 225.294(j)(2) to correspond with an amendment to Section 225.294(g)(4)
deleting the temperature correction factor for units that do not have hot-side electrostatic
precipitators. MWG Comments,
p. 4. In response to this comment in the Agency'sPost-
Hearing Comments, the Agency suggested slightly different amendatory language and also
proposed to amend Section 225.294(j)(1). Agency Comments, 16
th
page. The Agency's
proposed language is acceptable to Midwest Generation, and Midwest Generation encourages the
Board to adopt the amendatory language proposed by the Agency for both
of these sections.
-1-
Electronic Filing - Received, Clerk's Office, March 11, 2009
Dated: March
11,
2009
Kathleen
C. Bassi
Stephen
1.
Bonebrake
SCHIFF HARDIN LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
312-258-5567
fax: 312-258-5600
kbassi@schiffhardin.com
Respectfully submitted,
MIDWEST GENERATION, LLC
bY:_~
one of Its attorneys
-2-
Electronic Filing - Received, Clerk's Office, March 11, 2009
------;YtU1t~
Kathleen C.
~
CERTIFICATE OF SERVICE
I, the undersigned, certify that on this
11
th day of March, 2009, I have served
electronically the attached
MOTION TO FILE MIDWEST GENERATION'S RESPONSE
TO THE AGENCY'S POST-HEARING COMMENTS INSTANTER
and
MIDWEST
GENERATION'S RESPONSE TO THE AGENCY'S POST-HEARING COMMENTS
upon the following persons:
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
and electronically and
by first class mail, postage affixed upon persons included on the
ATTACHED SERVICE LIST.
Kathleen C. Bassi
Stephen J. Bonebrake
SCHIFF HARDIN, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
312-258-5500
Fax: 312-258-5600
kbassi@schiffhardin.com
Electronic Filing - Received, Clerk's Office, March 11, 2009
Timothy Fox
Hearing Officer
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
foxt@ipcb.state.il.us
SERVICE LIST
(R09-10)
John 1. Kim
Charles E. Matoesian
Dana Vetterhoffer
Division
of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
john.j .kim@illinois.gov
charles.matoesian@illinois.gov
dana.vetterhoffer@illinois.gov
S. David Farris, Manager, Environmental,
Health and Safety
City
of Springfield, City Water Light & Power
201 East Lake Shore Drive
Springfield, Illinois 62757
dfarris@cwlp.com
Renee Cipriano
Kathleen
C. Bassi
Joshua R. More
Schiff Hardin LLP
on behalf
of Ameren
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
rcipriano@schiffhardin.com
kbassi@schiffhardin.com
jmore@schiffhardin.com
David
L. Rieser
Bradley
R. Daniels
McGuireWoods LLP
on behalf of Kincaid Generation, L.L.C.
77 W. Wacker Drive, Suite 4100
Chicago, Illinois 60601
drieser@mcguirewoods.com
bdaniels@mcguirewoods.com
Electronic Filing - Received, Clerk's Office, March 11, 2009

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