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

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