BEFORE THE ILLINOIS POLLUTION CONTROL BOARDOF THE STATE OF ILLINOIS
NOTICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDOF THE STATE OF ILLINOIS
MOTION FOR EXTENSION OF TIME TO FILE RECORD
CERTIFICATE OF SERVICE

ELECTRONIC

FILING,

RECEIVED, CLERKS

OFFICE,

DECEMBER

2005

BEFORE

THE ILLINOIS POLLUTION

CONTROL BOARD

OF THE STATE

ILLINOIS

SOUTHERN ILLINOIS

POWER

)

COOPERATIVE,

)

Petitioner,

)

PCB

2006-61

(CAAPP Permit Appeal)

ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent.

)

NOTICE

To:

Dorothy Gunn, Clerk

Sheldon A. Zabe

Illinois Pollution Control Board

Kathleen C. Bassi

100 West Randolph Street

Stephen

J. Bonebrake

Suite

11-500

.JoshuaR.

Chicago, Illinois 60601

Kavita M. Pale

SchiffHardin, LLP

Bradley P. Halloran

6600 Sears Tower

Hearing Officer

233 South Wacker Drive

Illinois Pollution Control

Board

Chicago, Illinois 60606

James R. Thompson Center

Suite

11-500

100 West Randolph Street

Chicago, Illinois 60601

PLEASE TAJ(B NOTICE that I have today filed

with the Office of the Clerk of

the Illinois Pollution Control Board the MOTION FOR EXTENSION OF TIME TO

FILE RECORD of the

Respondent, Illinois Environmental Protection Agency, a copy of

which is herewith served upon the assigned Hearing Office and the attorney for the

Petitioner.

Respeetfifily submitted by,

Sally C6fter

Assistant Counsel

Dated: December 1,2005

Illinois Environmental Protection Agency

1021

North Grand Avenue East

P.O.

Box

19276

Springfield, Illinois 62794-9276

ELECTRONIC FILING

RECEIVED,

CLERK’S OFFICE,

DECEMBER

2005

BEFORE THE ILLINOIS

POLLUTION

CONTROL BOARD

OF THE STATE OF ILLINOIS

SOUTHERN ILLINOIS POWER

COOPERATIVE,

)

Petitioner,

)

PCB

2006-6 1

)

(CAAPP Permit Appeal)

ILLINOIS

ENViRONMENTAL

)

PROTECTION

AGENCY,

)

Respondent.

)

MOTION FOR EXTENSION OF TIME TO FILE RECORD

NOW COMES the Respondent,

ILLINOIS ENVIRONMENTAL

PROTECTION

AGENCY (“Illinois EPA”), by and through its attorneys,

pursuant to 35

Ill.

Adm.

Code

105.116 and moves

the ILLINOIS POLLUTION CONTROL BOARD (“Board”)

for an

extension of the time to file the record of its determination in the above-captioned matter.

Petitioners filed their Petition with the Board on November

2, 2005,

seeking a review of certain permit conditions contained within the Clean Air Act Permit

Program (“CAAPP”) permit issued to

Southern Illinois Power Cooperative (“SIPCo”) by

the Illinois EPA on September

29, 2005.

The permit authorized the operation of an

electrical power generation facility known as

the Marion Generating Station.

The facility

is located at

10825

Lake of Egypt Road in Marion, Illinois. Formal notice of the appeal

was served upon the Illinois EPA on Nth’ember 4,

2005.

On November 17,2005, the Board accepted SIPCo’s Petition

forhearing.

In addition, the Board ordered the Respondent to file the entire record of its

determination within

days of receipt of the Petition.

If an extension of time to file the

:1.

ELECTRONIC

FILING,

RECEIVED, CLERK’S OFFICE,

DECEMBER

2005

record would be

sought by the Respondent, the Board’s order instructed that

such request

was also due within

days

afler the Illinois EPA rcccivcd the Petition.

The undersigned attorney and a staff paralegal became involved with the

compilation of the

administrative record relating to

SIPCo as

early as mid-August 2005

and since

that time, most of this attorney’s and the staff paralegal’s resources have

been

devoted to the compilation of this voluminous record and related rccords pertaining to the

twenty CAAPP permit appeals involving other electrical

power generation facilities in

the State.

At thisjuncture, SIPCo’s record consists generallyof five

to six

trial boxes of

material.

Approximately two to three boxes are particular to SIPCo alone, while three

other boxes are

more aptly characterized as general

referencematerial and documents

relevant to the decision underlying the issuance of all twenty-one CAAPP permits

to the

State’s electrical power generation facilities.

The only remaining documents

to be

assembled and reviewed

for this record preparation generally consists of several hundred

miscellaneous electronic mail messages of Illinois EPA personnel.

Some, but not all, of

these emails may contain information that were relied

upon

the Illinois EPA in its

permit decision.

The other assigned attorney, Robb Layman, became involved with the

compilation of the

administrative record relating to this proceeding in November 2005.

Due to the press of other permit appeals before

the United States Environmental

Protection Agency’s Environmental Appeals Board (‘tAB”) and enforcement case

matters unrelated to the

present appeal, Mr. Layman was

generally unable to assist in the

compilation of the record

until this past month.

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Due

to the

sheer magnitude

of the documentation

underlying the Illinois

EPA’s permitting decision in this matter and the additional twenty CAAPP penTlit

appeals, the Illinois EPA

was not able to compile the entire administrative record

on or

before December

5, 2005.

Counsel expects that the compilation of the record

will

require

at least an

additional

seven days.

Beyond this point,

the timing of the filing of the

administrative record will likely be determined by matters largely outside of counsel’s

control.

First, while counsel for the illinois EPA has obs~rved

that many permit

appeals are of a type that could most aptly be

described

as “protective appeals” that do

not necessarily require the filing of an administrative record, it is counsel’s estimation

that some of the collective twenty-one appeals possess a much greater likelihood of

proceeding to hearing, thus necessitating the filing of an administrative record.

While

this ease is admittedly at the earliest stage of litigation, the permitting of this facility was

based

upon years of work by the Bureau of Air’s permitting engineers and countless

communications with this facility and industry representatives at large.

addition, it

also the Illinois EPA’s perception that the Board may not wish to accept voluminous

administrative records in this and all of the othet

collective CAAPP appeals unless it

appears that a settlement resolution caimot be reached.

Second, the Illinois EPA does not possess the support-staff to make the

necessary copies for filing before the Board, the assigned Hearing Officer and opposing

counsel.

For instance, if the Respondent were to seek leave from the Board for a waiver

of the applicable copying requirements, the Respondent would still be mailing

approximately twenty-five to thirty trial boxes to the Board for SIPCo alone.

This does

ELECTRONIC

FILING, RECEIVED

CLERK’S OFFICE,

DECEMBER 1,2005

not include the

five

to six boxes that would be required for both the

Hearing Officer and

opposing counsel.

Due to these constraints, counsel has been researching the possibility

of hiring

an outside contractor to perform the required copying andlor screening.

However,

the State

is limited

by further constraints;

for instance, the Illinois EPA must

first seek to employ a contractor that holds a State contract before

turning to

a non-State

contractor for copying

services. While counsel has located State contractors that would

be willing to make

10,000 copies of ten documents, counsel

has not found

a State

contractor willing to make seven copies of thousands of miscellaneous sized documents.

Based

on the foregoing, the Illinois EPA formally

requests

an extension of

time to file its administrative record

with the Board to

a date determined by

the Board to

be appropriate andlor consistent with any decisional deadline

in this matter.

The grant of this extension of the filing date will ensure that this

voluminous record is not needlessly filed but filed inthe event that the matter does not

settle.

This will serve to

limit the expenditure of constrained State resources on

potentially unnecessarycopying job.

Moreover, this will

fUrther minimize any potential

administrative burdens associated with the maintenance and storage of hundreds of trial

boxes for this appeal, together with the other twenty CAAPP appeals for the Board and

the assigned Hearing Officer.

In addition,

an extension ofthis time period will not result

in any hardship or prejudice to Petitioner.

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE,

DECEMBER

2005

WHEREFORE, the Illinois EPA respectfully rcqucsts that the Board grant this

Motion for Extension of Time to File Record

to a date determined by the Board to be

appropriate and/or consistent with any decisional

deadline in this matter.

Respectfully submitted by,

ILLINOiS ENWRONMENTAL

PROTECTION AGENCY,

Sally A.

Caner

Assistant Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box

19276

Springfield, Illinois 62794-9276

(217)782-5544

ELECTRONIC

FILING,

RECEIVED, CLERK’S OFFICE,

DECEMBER

2005

CERTIFICATE OF SERVICE

I hereby certify that on

the

Pt day of December 2005,1

did send, by electronic

mail with prior approval, the

following instrument entitled MOTION FOR

EXTENSION OF

TIME TO FILE RECORD to:

Dorothy Gunn, Clerk

Illinois Pollution Control Board

100 West Randolph

Street

Suite

11-500

Chicago,

Illinois 60601

and a true and correct copy of the

same foregoing instrument, by First Class Mail with

postage thereon fully paid and deposited into

the possession of the United States Postal

Service, to:

Bradley P. Halloran

Sheldon

A. Zabel

Hearing Officer

Kathleen C.

Bassi

Illinois Pollution Control Board

Stephen

J. Bonebrake

James R. Thompson Center

Joshua R. More

Suite 11-500

KavitaM.

Patel

100 West Randolph Street

SchiffHardin,

LLP

Chicago, Illinois 60601

6600 Sears Tower

233

South Wacker Drive

Chicago,

Illinois 60606

Sally Ckrter

Assistant Counsel