1
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
NO
x
TRADING PROGRAM:
)
R06-22
AMENDMENTS TO 35 ILL.
)
(Rulemaking
Air) –
CODE PART 217
)
NOTICE
John Therriault, Assistant Clerk
Alec M. Davis
Timothy Fox, Hearing Officer
Illinois Environmental Regulatory Group
Illinois Pollution Control Board
3150 Roland Ave.
State of Illinois Center
Springfield, IL 62705-5776
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
Mitchell Cohen, Chief Legal Counsel
Department of Natural Resources
Kathleen C. Bassi
One Natural Resources Way
Schiff Hardin, LLP
Springfield, Illinois 62702-1271
6600 Sears Tower
233 S. Wacker Drive
Katherine Hodge
Chicago, IL 60606-6473
erN. LaDonna Driv
Monica T. Rios
Hodge Dwyer & Driver
3150 Roland Ave., PO Box 5776
Springfield, IL 62705-5776
PLEASE TAKE NOTICE that I have today filed with the Office of the Pollution Control Board
the attached MOTION TO FILE INSTANTER AND FOR EXTENSION OF TIME TO FILE
STATUS REPORof
the
T Illinois Environmental Protection Agency a copy of which is herewith
served upon you.
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
By: ___/s/___________________
Rachel Doctors, Assistant Counsel
Division of Legal Counsel
DATED: October 21, 2009
P.O. Box 19276
Springfield, Illinois 62794-9276
217.782-5544
217.782.9143
TDD)(
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
NO
x
TRADING PROGRAM:
)
R06-22
AMENDMENTS TO 35 ILL.
)
(Rulemaking – Air)
CODE PART 217
)
MOTION TO FILE INSTANTER AND FOR EXTENSION OF
TIME TFO
ILE STATUS REPORT
NOW COMES the Illinois Environmental Protection Agency (“Illinois EPA”), by and
through its attorneys, and pursuant to 35 Ill. Adm. Code 101.522, hereby files a Motion to File
Instanter and for Extension
pursuant
of Timto
ethe
to SItatus
llinoiRes port
Pollution Control
Board’s August 20, 2009 Order, and, respectfully requests that the Illinois Pollution Control
Board (“Board”) grants this motion for filing instanter and extension. In support of its Motion,
the Illinois EPA states as follows:
1.
On August 3, 2009, Illinois Environmental Regulatory Group (“IERG”) filed a
MOTION FOR EMERGENCY RULE and MOTION FOR EXPEDITED ACTION ON THE
ILLINOIS ENVIRONMENTAL REGULATORY GROUP’S ALTERNATIVE PROPOSAL.
2.
On August 6, 2009, the Board directed participants to file responses to the
motions no later than Thursday, August 13, 2009. The Illinois EPA filed a response on August
13, 2009, and IERG filed a reply on August 17, 2009.
3.
On August 20, 2009, the Board denied IERG’s Motions for Emergency
Rulemaking and ordered the Agency to file a Status Report on or before October 19, 2009,
indiaticng whether and when it will be filing a withdrawal of this docket and submitting a new
proposal addressing Non-EGUs and NOx emissions.
4.
On September 14, 2009, IERG filed a Motion for Reconsideration and
Clarification arguing that the Board had misapplied the law when IERG’s Motions for
Emergency Rulemaking were denied.
Electronic Filing - Received, Clerk's Office, Octobre 21, 2009
5.
On September 28, 2009, the Illinois EPA filed Motion to File Instanter and
Motion for Extension to File a Response seeking an extension of time to October 12, 2009, for
the response to the Motion for Reconsideration and Clarification.
6.
On October 1, 2009, the Hearing Officer granted an extension until October 13,
2009.
7.
On September 24, 2009, the Illinois EPA received a letter from USEPA
confirming that Non-EGUs were not required to hold allowances for the 2009 control period. A
copy of that letter is attached.
8.
On October 14, 2009, the Illinois EPA filed another Motion for Extension for
Filing a Response to the Motion for Reconsideration and Clarification, until October 26, 2009.
9.
On October 15, 2009, IERG withdrew the portion of its Motion for
Reconsideration and Clarification that concerned the Reconsideration, but left the issue of
clarification before the Board.
10.
The Illinois EPA and IERG have had discussions concerning the issues related to
Docekt R06-22, but were unable to meet in person until October 20, 2009.
11.
This Motion for Extension would have been filed on October 19, 2009, but the
parties were not able to confer until October 20, 2009. At that meeting, the parties discussed the
proposed relief sought in this Motion requesting the Extension for filing the Status Report until
November
10, 2009. The IERG has indicated that it will not object to the extension.
WHEREFORE, for the reasons stated above, the Illinois EPA respectfully requests that
the Board or Hearing Officer grant this Motion for filing Instanter and Extension, and allow the
Iinoill
s EPA up to and includingto file
Nova e
Smber
tatus
10, 20Re09,
port for Docket R06-22.
Respectfully submitted,
Electronic Filing - Received, Clerk's Office, Octobre 21, 2009
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
/s/
Rachel Doctors, Assistant Counsel
Air Regulatory Unit
Division of Legal Counsel
DATED: October 21, 2009
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217.782.5544, 217.782.9143 (TDD)
217.782.9807
ax) (F
Electronic Filing - Received, Clerk's Office, Octobre 21, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILLINOIS
)
)
SS
COUNTY OF SANGAMON
)
)
CERTIFICATE OF SERVICE
I, the undersigned, an attorney, state that I have served electronically the attached
MOTION TO FILE INSTANTER AND FOR EXTENSION OF TIME TO FILE STATUS
REPORof
T
the Illinois Environmental Protection Agency upon the following persons:
John Therriault, Assistant Clerk
Alec M. Davis
Timothy Fox, Hearing Officer
Illinois Environmental Regulatory Group
Illinois Pollution Control Board
3150 Roland Ave.
State of Illinois Center
Springfield, IL 62705-5776
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
Mitchell Cohen, Chief Legal Counsel
Department of Natural Resources
Katherine Hodge
One Natural Resources Way
N. LaDonna Driver
Springfield, Illinois 62702-1271
Monica T. Rios
Hodge Dwyer & Driver
Kathleen C. Bassi
3150 Roland Ave., PO Box 5776
Schiff Hardin, LLP
Springfield, IL 62705-5776
233 S. Wacker Drive
6600 Sears Tower
Chicago, IL 60606-6473
ILLINENOIVS
IRONMENTAL
PROTECTION AGENCY
___/s/__________________
Rachel Doctors, Assistant Counsel
Air Regulatory Unit
Division of Legal Counsel
Dated: October 21, 2009
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
(217) 782-5544
217.782.9143 (TDD)