ELECTRONIC
FILING,
RECEIVED, CLERK’S OFFICE,
DECEMBER
1,
2005
SEFORE
THE ILLINOIS POLLUTION
CONTROL BOARD
OF THE STATE OF ILLINOIS
AMEREN ENERGY RESOURCES
)
GENERATING
COMPANY,
)
EDWARDS
POWER STATION,
)
Petitioner,
)
)
)
PCS
2006-67
)
(CAAPP Permit
Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
)
Respondent.
)
NOTICE
To:
Dorothy
Guru-i,
Clerk
James T. Harrington
Illinois Pollution Control Board
David L. Rieser
100 West Randolph Street
McGuire Woods, LLP
Suite
11-500
77 West
Wacker, Suite 4100
Chicago,
Illinois 60601
Chicago,
Illinois 60601
Bradley P. Halloran
Hearing
Officer
Illinois Pollution
Control Board
James R. Thompson Center
Suite
11-500
100
West Randolph Street
Chicago, Illinois 60601
PLEASE TAKE NOTTCE that I havetoday 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.
I
Respectfully submitted by,
Sally C!rter
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
1,
2005
BEFORE THE
ILLINOIS
POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS,
AMEREN
ENERGY RESOURCES
)
GENERATING COMPANY,
)
EDWARDS
POWER STATION,
)
)
Petitioner,
)
)
v.
)
PCB 2006-67
(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
35111. 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.
1.
Petitioners filed their Petition with the Board on November 3, 2005,
seeking a review of certain permit conditions contained within
the Clean Air Act Permit
Program (“CAAPP”) permit issued to
Ameren Energy Resources Generating Company
(“Ameren” or “Edwards”) by the Illinois EPAon
September
29, 2005.
The permit
authorized the operation of an electrical power generation facility known
as the Edwards
Power Station.
The facility is located at 7800 South CILCO Lane in Bartonville, Illinois
Illinois. Formal notice of the appeal was served upon the Illinois EPA onNovember 4,
2005.
2.
On November 17, 2005, the Board accepted Anieren’s Petition
for
hearing.
In
addition, the Board ordered the Respondent to file the entire record of its
1
ELECTRONIC
FILING,
RECEIVED, CLERKS
OFFICE,
DECEMBER
1,
2005
determination within
30
days of receipt of the Petition.
if
an
extension of time to file the
record
would besought by
the Respondent, the
Board’s order
instructed that
such request
was also
due within
30
days after the Illinois EPA received the Petition.
3.
The
undersigned
attorney and a staff
paralegal became involved
with the
compilation
of the
administrative
record
relating to Ameren 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 records pertaining
to
the
twenty CAAPP permit appeals involving other electrical power generation facilities in
the State.
At this juncture, Edward’s record consists generally of five to six trial boxes of
material.
Approximately two
to three boxes are particular to
Edward alone, while three
other boxes are more aptly characterized as general
reference material 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 maycontain information that were relied upon
by the Illinois EPA in its
permit decision.
4.
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 ofother permit appeals before the United States Environmental
Protection Agency’s Environmental Appeals Board (“EAB”) and enforcement case
matters unrelated to the present appeal,
Mr. Layman
was
generallyunable to assist in the
compilation of the record until this past month.
2
ELECTRONIC
FILING,
RECEIVED, CLERKS
OFFICE,
DECEMBER
1,
2005
5.
Due
to
the
sheer magnitude of the documentation
underlying the illinois
EPA’s permitting decision in this matter and the
additional twenty CAAPP permit
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.
6.
First, while counsel for the Illinois EPA has observed 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
proceedingto hearing, thus necessitating the filing of an administrative record.
While
this case 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
communicationswith this facility and industry representatives at large.
In addition, it is
also the Illinois EPA’s perception that the Board may not wish to accept voluminous
administrative records in this and
all of the other collective CAAPP appeals unless it
appears that a settlement resolution cannot be reached.
7.
Second, the Illinois EPA
does not possess the supportstaff to make the
necessary copies for filing before the Board, the assigned Hearing Officerand opposing
counsel.
For instance, ifthe Respondent were to seek leave from the Board for a waiver
ofthe applicable copying requirements, the Respondent would still be mailing
approximately twenty-five to thirty trial boxes to the Board for Edwards alone.
This does
3
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
instaricc,
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 often documents, counsel has not found
a State
contractor willing
to make seven copies of thousands of miscellaneous sized documents.
8.
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 anydecisional deadline in this matter.
9.
The grant of this extension of the filing date will ensure
that this
voluminous record is not needlessly filed
but
filed in the event that the
matter does
not
settle.
This will serve
to limit the expenditure of constrained State resources on a
potentially unnecessary copying job.
Moreover, this will further minimize anypotential
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 of this time period
will
not result
in any hardship
or prejudice to Petitioner.
4
ELECTRONIC FILING,
RECEIVED, CLERK’S OFFICE,
DECEMBER
1,
2005
WHEREFORE, the Illinois EPA respectfully requests 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 ENVIRONMENTAL
PROTECTION AGENCY,
Sally A.
(Darter
Assistant Counsel
Illinois
Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
(217)782-5544
5
ELECTRONIC
FILING,
RECEIVED, CLERK’S
OFFICE,
DECEMBER 1,2005
CERTIFICATE
OF SERVICE
I hereby certify that on the
l~’
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
James T. Flarrington
Hearing Officer
David L. Rieser
Illinois Pollution Control Board
McGuire Woods, LLP
James R.
Thompson Center
77 West Wacker, Suite 4100
Suite 11-500
Chicago, Illinois 60601
100 West Randolph Strcet
Chicago, Illinois 60601
A~
&~
Sally Cas6r
Assistant Counsel
