ECEV
ILLINOIS
POLLUTION
CONTROL
BOARD
CLERK’S
OFFICE
October
1, 2009
OCT
012009
]N THE
MATTER
OF:
)
STATE
OF
ILLINOIS
)
Pollution
Control
Board
NO
TRADING
PROGRAM:
)
R06-22
AMENDMENTS
TO
35 ILL. ADM.
CODE
)
(Rulemaking
- Air)
PART217
)
HEARING
OFFICER
ORDER
On August
3,
2009,
the
Illinois
Environmental
Regulatory
Group
(IERG)
filed
two
motions
in
this
rulemaking
docket,
a “Motion
for
Emergency
Rule”
and a
“Motion
for
Expedited
Action on
the Illinois
Environmental
Regulatory
Group’s
Alternative
Proposal.”
In an
order
dated
August
20,
2009, the
Board
denied both
motions
and
directed
the
Illinois Environmental
Protection
Agency
(Agency) to
file
a
status
report on
or before
October
19,
2009. On
September
14,
2009, IERG
filed a
motion requesting
that
the Board
reconsider
and
clarify
its order.
On
September
29,
2009,
the Agency
filed a motion
to file
instanter
and for an
extension
of the
deadline
to
respond
to IERG’s
motion
for
reconsideration
and
clarification
(Mot.).
The
Agency
first notes
that
its response
to the
motion was
due
September
28,
2009.
Mot. at 1-2;
see
35 Ill. Adm.
Code
101.500(d).
The Agency
states
that it is discussing
the
issues
raised
in the
motion
for reconsideration
and clarification
with JERG
and requests
a
two-week
extension
of the
deadline
to
file its
response
to the motion
to
October
12, 2009.
Mot.
at 2.
The Agency
further
states
that “[t]his
Motion
for Extension
would
have
been filed
on
September
28, 2009,
but the
parties were
not
able
to
fully
confer
until September
29, 2009, on
the contents
of this
Motion
requesting
the
extension.”
Id. The
Agency reports
that “IERG
has been
informed
of this
Motion
and
does
not object
to the relief
being requested.”
Id.
Section 101.500(d)
of the Board’s
procedural
rules provides,
in
pertinent part,
that,
[wjithin
14 days
after
service
of a motion,
a party
may file a
response to
the
motion. If
no
response
is filed, the
party
will
be deemed
to have
waived
objection
to the
granting
of the
motion,
but the
waiver
of
objection does
not
bind
the Board
or the hearing
officer
in its disposition
of
the motion.
Unless
undue
delay
or
material
prejudice
would
result, neither
the Board
nor
the
hearing officer
will
grant any
motion
before
expiration
of the
14 day response
period. .
.
.“
35 Ill.
Adm. Code
101.500(d).
The
Agency
has requested
a 14-day
extension
of
its response
deadline
and indicates
that
the participant
moving
for reconsideration
and clarification
does not object
to such
an
extension.
Under these
circumstances,
undue
delay would
result
from allowing
the
full
14-day
response
period
to
run.
See 35 Ill.
Adm. Code
101.500(d).
2
Having
reviewed
the substance of the motion
and in
the absence to date of
any objection,
the Agency’s
motion
to file instanter
is granted. The
Agency’s motion
for an extension
of the
response
deadline
is also
granted
with
one minor modification.
While the Agency
has requested
an extension
of its deadline
to Monday, October
12, 2009, that day
is the
Columbus
Day state
holiday. Consequently,
the Agency
is directed to file
its response
to IERG’s motion for
reconsideration
and
clarification
on
or
before Tuesday,
October 13, 2009.
See 35 Ill. Adm.
Code
101.300(a).
The “mailbox
rule” at 35
Iii. Adm. Code 101 .300(b)(2)
does
not apply to the filing
of this response.
The
Board’s
Clerk must receive
the response
before the close of
business
on
Tuesday, October
13,
2009.
Although
the response
may
be filed electronically
through the
Clerk’s
Office
On-Line
(COOL) from the Board’s
Web
site at www.ipcb.state.il.us,
an electronic
or approved fax
filing must be
received
by
the Clerk’s Office no
later than 4:30
PM on Tuesday,
October
13, 2009.
Any questions about
electronic
filing
through
COOL should
be
directed
to the
Clerk’s Office
at
(312) 814-3629.
IT
IS
SO
ORDERED.
Timothy
J.
Fox
Hearing
Officer
Illinois
Pollution Control
Board
100 West
Randolph, Suite 11-500
Chicago, Illinois
60601
(312)
814-6085
foxt(ipcb.state,il.us