ELECTRONIC

FILING,

RECEIVED,

CLERKS

OFFICE,

DECEMBER

2005

BEFORE THE

ILLINOIS POLLUTION CONTROL

BOARD

OF THE STATE

OF ILLINOIS

AMEREN ENERGY

)

GENERATING COMPANY,

)

MEREDOSIA POWER STATION,

)

Petitioner,

)

PCB 2006-69

)

(CAAPP Permit Appeal)

ILLINOIS ENVIRONMENTAL

)

PROTECTION

AGENCY,

)

Respondent.

)

NOTICE

To:

Dorothy Gunn, 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 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.

Respectfully submitted by,

Sally C4’~er

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

AMEREN ENERGY

GENERATING COMPANY,

MEREDOSIA POWER STATION,

)

Petitioner,

)

PCB 2006-69

)

(CAMP 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 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 “Meredosia”) by the Illinois EPA on September

29, 2005.

The permit

authorized the operation of an electrical power generation facility known as the

Meredosia Power Station.

The facility

is located at

800 South Washington Street in

Meredosia, Illinois.

Formal notice of the appeal was served upon the Illinois EPA on

November 4, 2005.

On November

17, 2005, the Board accepted Ameren’s Petition for

hearing.

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

ELECTRONIC

FILING,

RECEIVED, CLERK’S OFFICE,

DECEMBER

2005

determination within

30 days of receipt of the

Petition.

If an extension of time to file the

record would be

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

was also due within

30 days after the Illinois EPA received

the Petition.

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 elecirical power generation

facilities in

the State.

At this juncture, Meredosia’s record consists generally of five to six trial boxes

ofmaterial.

Approximately two to three boxes are

particular to Meredosia 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 hunthtd miscellaneous electronic mail messages of Illinois EPA personnel.

Some, but not all, of these emails may contain information that were relied upon by 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

(“EAB”) and enforcement case

matters umtlated to the present appeal, Mr. Layman

was generally unable

assist in the

compilation of the

record until this past month.

ELECTRONIC

FILING,

RECEIVED, CLERK’S OFFICE,

DECEMBER

2005

Due to the sheer magnitude of the documcntation 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

filingof the

administrative record

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

control.

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

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

While

this case is admittedly at the earliest stage of litigation, the perthitting 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.

In addition, it

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

administrative records in this and all ofthe other collective CAAPP appeals unless

appears that a settlement resolution cannot be reached.

Second, the Illinois EPA does not possess the support-staffto 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 Meredosia alone.

This

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FILING,

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DECEMBER

2005

does

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 andJor

screening.

However, the State

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 often 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 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.

ELECTRONIC

FILING,

RECEIVED, CLERK’S OFFICE,

DECEMBER 12005

WHEREFORE, the Illinois EPA respectfully requests

that the Board grant this

Motion

for Extension ofTime 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.

~rter

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,

CLERKS

OFFICE.,

DECEMBER

2005

CERTIFICATE

OF SERVICE

I hereby certify that on the l~’

day of December 2005,

I 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.

Harrington

Hearing Officer

David L.

Rieser

Illinois Pollution Control Board

MeGuire Woods, lIP

James R. Thompson Center

77 West Wacker, Suite 4100

Suite 11-500

Chicago, Illinois 60601

100 West Randolph Street

Chicago, Illinois

60601

Sally C~(er

Assistant

Counsel