BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
SECTION
27 PROPOSED RULES FOR
NITROGEN OXIDE (NOx) EMISSIONS
FROM STATIONARY RECIPROCATING
INTERNAL COMBUSTION ENGINES AND
TURBINES: AMENDMENTS TO 35 ILL.
ADM. CODE PARTS 211 AND 217
R07-19
(Rulemaking - Air)
NOTICE OF FILING
TO:
Mr.
John
Therriault
Assistant Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite
11-500
C hicago, Illinois 60601
(VIA
ELECTRONIC MAIL)
Mr. Tim Fox
Hearing Officer
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
(VIA ELECTRONIC MAIL)
(SEE PERSONS ON ATTACHED SERVICE LIST)
PLEASE TAKE NOTICE that I have today filed with the Office of the
Clerk of
the Illinois Pollution Control Board THE ILLINOIS ENVIRONMENTAL
REGULATORY GROUP'S RESPONSE TO THE ILLINOIS EPA'S MOTION
FOR EXPEDITED REVIEW, copies of which are herewith served upon you.
Respectfully submitted,
Dated: March 30, 2009
N. LaDonna Driver
HODGE DWYER & DRIVER
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
ILLINOIS ENVIRONMENTAL
REGULATORY GROUP,
By: /s/ N. LaDonna Driver
N. LaDonna Driver
Alec M. Davis
General Counsel
Illinois Environmental Regulatory
Group
215 East Adams Street
Springfield, Illinois 62701
(217) 522-5512
T HIS FILING SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, March 30, 2009
CERTIFICATE OF SERVICE
I, N. LaDonna Driver, the undersigned, hereby certify that I have served the
attached THE ILLINOIS ENVIRONMENTAL
REGULATORY GROUP'S
RESPONSE
TO THE ILLINOIS EPA'S MOTION FOR EXPEDITED REVIEW
upon:
Mr. John Therriault
Assistant Clerk of the Board
Illinois Pollution Control
Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
via electronic filing and by depositing said documents in the United States Mail, postage
prepaid, in Springfield, Illinois, on March 30, 2009; and upon:
Mr. Tim Fox
Hearing Officer
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Rachel
L. Doctors, Esq.
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield,
Illinois 62794-9276
R enee Cipriano, Esq.
Kathleen C. Bassi, Esq.
Joshua R. More, Esq.
Schiff
Hardin, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606-6473
via electronic
mail on March 30, 2009.
/s/ N. LaDonna Driver
N. LaDonna Driver
IERG:001/R Dockets/Fil/R07-19/NOF-COS- IERG Response
to EPA's Motion for Expedited Review
Electronic Filing - Received, Clerk's Office, March 30, 2009
BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
IN THE
MATTER OF:
SECTION 27 PROPOSED RULES FOR
NITROGEN OXIDE (NOx)
EMISSIONS
FROM STATIONARY
RECIPROCATING
INTERNAL COMBUSTION
ENGINES AND
TURBINES: AMENDMENTS TO 35 ILL.
ADM. CODE PARTS 211 AND 217
R07-19
(Rulemaking - Air)
THE ILLINOIS ENVIRONMENTAL
REGULATORY GROUP'S
RESPONSE
TO THE ILLINOIS EPA'S MOTION FOR EXPEDITED REVIEW
NOW COMES the
Illinois Environmental Regulatory Group ("IERG"), by one of
its attorneys,
N. LaDonna Driver of HODGE DWYER & DRIVER, and
Alec M. Davis
of IERG, and pursuant to 35 Ill. Admin. Code ยง 101.500(d),
hereby responds to the
Illinois Environmental Protection
Agency's ("Illinois EPA") Motion to Expedite Review,
filed with the Illinois Pollution Control Board ("Board") on March 19, 2009. In support
of the Response, IERG states as follows:
1.
Following hearings in April and May of last year, the
Board adopted the
proposed rule for First Notice on September
16, 2008.
2.
Illinois EPA filed comments on February 5, 2009, that
included language
agreed to by all parties, with one
exception. IERG is in agreement with the parties on all
proposed revisions,
except for the replacement unit language at proposed Section
217.390(a)(2)(A).
3.
IERG explained its position
on the replacement unit concept, and provided
alternative
language to use as the second sentence for that provision, in its comment filed
on February 6, 2009.
Electronic Filing - Received, Clerk's Office, March 30, 2009
4.
On March
19, 2009, Illinois EPA filed a Motion for Expedited Review,
asking the Board to proceed to Second Notice as expeditiously as possible. See Motion
for Expedited Review at par. 23.
5.
In light of there being only one sentence at issue in this proceeding,
IERG
has no objection to Illinois
EPA's request to move expeditiously to Second Notice.
IERG commits to quickly provide whatever additional information the
Board may require
regarding the replacement unit issue that IERG and
Illinois EPA have addressed in
comments concerning
proposed Section 217.390(a)(2)(A).
WHEREFORE, for the reasons set forth above, IERG does not object to the
Illinois EPA's Motion for Expedited Review.
Respectfully submitted,
By: /s/ N. LaDonna Driver
N. LaDonna Driver
D ated: March 30, 2009
N . LaDonna
Driver
HODGE DWYER & DRIVER
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
Alec M. Davis
General Counsel
Illinois Environmental Regulatory Group
215 East Adams Street
Springfield, Illinois 62701
(217) 522-5512
IERG:001/R Dockets/Fil/R07-19/Response to IEPA's Motion
for Expedited Review
Electronic Filing - Received, Clerk's Office, March 30, 2009