BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

)

PROPOSED NEW CLEAN AIR

)

INTERSTATE RULES (CAIR) SO

2

, NO

x

)

R06-26

ANNUAL AND NO

x

OZONE SEASON

)

(Rulemaking – Air)

TRADING PROGRAMS, 35 ILL. ADM.

)

CODE 225, SUBPARTS A, C, D and E

)

IN THE MATTER OF:

)

NOTICE

TO: Dorothy Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph, Suite 11-500

Chicago, Illinois 60601-3218

SEE ATTACHED SERVICE LIST

PLEASE TAKE NOTICE that I have today filed with the Office of the Pollution Control

Board a MOTION FOR EXTENSION OF TIME TO FILE RESPONSE, MOTION FOR

EXTENSION OF TIME TO FILE REPLY, and MOTION FOR EXTENSION OF TIME TO

FILE WRITTEN COMMENTS, copies of which are herewith served upon you.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By: ______________________

John J. Kim

Managing Attorney

Air Regulatory Unit

Division of Legal Counsel

DATED: December 18, 2006

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

THIS FILING IS SUBMITTED

217.782.5544

ON RECYCLED PAPER

217.782.9143 (TDD)

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 18, 2006

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

)

PROPOSED NEW CLEAN AIR

)

INTERSTATE RULES (CAIR) SO

2

, NO

x

)

R06-26

ANNUAL AND NO

x

OZONE SEASON

)

(Rulemaking – Air)

TRADING PROGRAMS, 35 ILL. ADM.

)

CODE 225, SUBPARTS A, C, D and E

)

MOTION FOR EXTENSION OF TIME TO FILE RESPONSE

NOW COMES the Proponent, the ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY (Illinois EPA), by its attorneys, and pursuant to 35 Ill. Adm. Code 101.500 and

101.522, and 102.402, moves that the Illinois Pollution Control Board (Board) extend the time

by which a response is due to the Motion to Dismiss (Motion) filed by Participants Dynegy

Midwest Generation, Inc., Midwest Generation, LLC, and Southern Illinois Power Cooperative

(Participants, collectively). In support of its Motion, the Illinois EPA states as follows:

On December 4, 2006, the Illinois EPA received service of the Motion filed by the

Participants. Pursuant to Section 101.500 of the Board’s procedural rules, a response to the

Motion is due on or before December 18, 2006.

Due to the nature of the arguments raised in the Motion, as well as the large amount of

time spent recently by attorneys for the Illinois EPA on other matters directly related to this

rulemaking, the Illinois EPA is seeking additional time by which its response to the Motion is

due. Specifically, the Illinois EPA seeks a short extension of time up to December 22, 2006, by

which it must file a response. This short period of time will not adversely prejudice the

Petitioners nor impede the progress of the underlying rulemaking. The undersigned attorney has

contacted counsel for the Participants, and they have no objection to this short extension of time.

1

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 18, 2006

---

WHEREFORE, for the reasons set forth above, the Illinois EPA respectfully moves that

the Board grant an extension of time such that the Illinois EPA’s response to the Motion filed by

the Participants is due on or before December 22, 2006.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:

__________________

John J. Kim

Managing Attorney

Air Regulatory Unit

Division of Legal Counsel

DATED: December 18, 2006

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217.782.5544

217.782.9807 (Fax)

2

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 18, 2006

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

)

PROPOSED NEW CLEAN AIR

)

INTERSTATE RULES (CAIR) SO

2

, NO

x

)

R06-26

ANNUAL AND NO

x

OZONE SEASON

)

(Rulemaking – Air)

TRADING PROGRAMS, 35 ILL. ADM.

)

CODE 225, SUBPARTS A, C, D and E

)

MOTION FOR EXTENSION OF TIME TO FILE REPLY

NOW COMES the Proponent, the ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY (Illinois EPA), by its attorneys, and pursuant to 35 Ill. Adm. Code 101.500 and

101.522, and 102.402, moves that the Illinois Pollution Control Board (Board) extend the time

by which a reply is due to the Response to the Motion to Amend Rulemaking Proposal

(Response) filed by Participants Dynegy Midwest Generation, Inc., Midwest Generation, LLC,

and Southern Illinois Power Cooperative (Petitioners, collectively). In support of this request,

the Illinois EPA states as follows:

On December 11, 2006, the Illinois EPA received service of the Response filed by the

Participants. The Illinois EPA had previously conveyed to the Hearing Officer that it would file

its reply to the Response by no later than December 18, 2006, based upon the Hearing Officer’s

prior approval of the filing of such reply.

Due to the nature of the arguments raised in the Response, as well as continuing

discussions concerning the content of the Response with counsel for the Participants, the Illinois

EPA is seeking additional time by which its reply the Response is due. Specifically, the Illinois

EPA seeks a short extension of time up to December 22, 2006, by which it must file a reply.

This short period of time will not adversely prejudice the Petitioners nor impede the progress of

the underlying rulemaking.

1

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 18, 2006

---

WHEREFORE, for the reasons set forth above, the Illinois EPA respectfully moves that

the Board grant an extension of time such that the Illinois EPA’s reply to the Response filed by

the Petitioners is due on or before December 22, 2006.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:

__________________

John J. Kim

Managing Attorney

Air Regulatory Unit

Division of Legal Counsel

DATED: December 18, 2006

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217.782.5544

217.782.9807 (Fax)

2

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 18, 2006

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

)

PROPOSED NEW CLEAN AIR

)

INTERSTATE RULES (CAIR) SO

2

, NO

x

)

R06-26

ANNUAL AND NO

x

OZONE SEASON

)

(Rulemaking – Air)

TRADING PROGRAMS, 35 ILL. ADM.

)

CODE 225, SUBPARTS A, C, D and E

)

MOTION FOR EXTENSION OF TIME TO WRITTEN COMMENTS

NOW COMES the Proponent, the ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY (Illinois EPA), by its attorneys, and pursuant to 35 Ill. Adm. Code 101.500 and

101.522, and 102.402, moves that the Illinois Pollution Control Board (Board) extend the time

by which Written Comments are due in this proceeding. In support of this request, the Illinois

EPA states as follows:

On November 29, 2006, at the conclusion of the hearing held in this proceeding in

Chicago, Illinois, the Board Hearing Officer ordered that Written Comments were due by

December 22, 2006. This date was reached after off the record discussions between the Hearing

Officer and the parties. It should be noted that counsel for several of the utility companies

participating in this proceeding advocated for a later due date for the written comments.

Since that time, several factors have contributed to the Illinois EPA seeking this

extension of time. Specifically, the Illinois EPA has received information from the United States

Environmental Protection Agency related to this pending rulemaking that should be taken into

consideration in the Written Comments, and the Illinois EPA recently completed successful

discussions with one utility that may require additional review of the existing proposed rule

language and more extensive comments than previously anticipated. For these reasons, the

Illinois EPA is asking that the Board extend the time by which the Written Comments are due

1

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 18, 2006

---

until January 5, 2007. Although the Illinois EPA has not reached out to all participants in this

rulemaking, presumably this request would apply to any party seeking to file a written or public

comment with the Board. The undersigned counsel has discussed this request with counsel for

Dynegy Midwest Generation, Inc., Midwest Generation LLC, and Southern Illinois Power

Cooperative, and that counsel has indicated they have no objection to the request.

Given the overall benefit that should hopefully accrue from additional time to better

prepare Written Comments for the Board’s consideration, this relatively short period of time will

not adversely prejudice any participants to the proceeding nor unduly impede the progress of the

underlying rulemaking.

WHEREFORE, for the reasons set forth above, the Illinois EPA respectfully moves that

the Board grant an extension of time such that Written Comments are due on or before January 5,

2007.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:

__________________

John J. Kim

Managing Attorney

Air Regulatory Unit

Division of Legal Counsel

DATED: December 18, 2006

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217.782.5544

217.782.9807 (Fax)

2

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 18, 2006

---