ELECTRONIC
FILING,
RECEIVED,
CLERK’S
OFFICE,
DECEMBER
12005
BEFORE TIlE ILLINOIS POLLUTION
CONTROL BOARD
OF THE STATE
OF ILLINOIS
AMEREN ENERGY
)
GENERATING COMPANY,
)
I-IUTSONVILLE POWER STAT1ON,
)
)
Petitioner,
)
)
V.
)
PCB 2006-70
)
(CAAPP Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE
To:
Dorothy Gunn, Clerk
James
T.
Harrington
Illinois Pollution Control Board
David L.
Rieser
tOO West Randolph Street
MeGuire 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 Cirter
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, CLERKS
OFFICE,
DECEMBER
1,2005
BEFORE THE ILLINOIS
POLLUTION
CONTROL BOARD
OF THE STATE
OF ILLINOIS
AMEREN
ENERGY
GENERATING COMPANY,
)
HUTSONVILLE POWER STATION,
)
)
Petitioner,
)
)
v.
)
PCB 2006-70
)
(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
105.1l6 and moves the ILLINOIS
POLLUTION CONTROL BOARD (“Board”)
for an
extension of the time to file the record ofits 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 “Hutsonville”) by the Illinois EPA on September 29, 2005.
The permit
authorized the operation of an electrical power generation facility known asthe
Hutsonville
Power Station.
The facility is located at
15142 East
1900th
Avenue in
Hutsonville, !llinois
Formal notice of the appeal was served upon the Illinois EPA
on
November
4, 2005.
2.
On November 17, 2005,
the Board accepted Ameren’s Petition for
hearing.
In addition,
the Board ordered the Respondent to file the entire record of its
1
ELECTRONIC
FILING,
RECEIVED, CLERK’S
OFFICE,
DECEMBER
1,
2005
determination within
30
days
ofreceipt
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.
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
twentyCAAPP
permit appeals involving
other electrical power generation facilities in
the State.
At this juncture, Hutsonville’s record consists generally of five to six trial
boxes of material.
Approximately two to three boxes are particular to 1-lutsonville 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 may contain 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 of other permit appeals before the United States Environmental
Protection Agency’s Environmental Appeals
Hoard (“EAB”) and enforcement ease
matters unrelated to the present appeal, Mr. Layman
was generally unable
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
proceeding to hearing,
thus necessitating the filingof an administrative record.
While
this ease is admittedly at the earliest stage of litigation, the permitting ofthis 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 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 support-staff to make the
necessary copies for filing before the Board, the assigned Hearing Officer and opposing
counsel.
For instance, ifthe 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 Flutsonville alone.
This
3
EThbtk5~J1dhLING,RECEIVED, CLERK’S OFFICE,
DECEMBER
1,2005
does not
include the five
to six boxes that would be required forboth 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 forcopying 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.
S.
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
furtherminimize
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 of this time period
will
not
result
in any hardship or prejudice to Petitioner.
4
ELECTRONIC
FILING,
RECEIVED,
CLERK’S OFFICE,
DECEMBER
1,
2005
W~IEREFORE, 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. trier
Assistant Counsel
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
(217)782-5544
S
ELECTRONIC
FILING,
RECEIVED, CLERK’S
OFFICE,
DECEMBER
1,
2005
CERTIFICATE
OF SERVICE
I hercby certify that on the
1st 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 ClassMail with
postage thereon rully 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
McGuire Woods, LLP
James R. Thompson Center
77 West
Wacker, Suite 4100
Suite
11-500
Chicago,
Illinois 60601
100 West Randolph Street
Chicago, Illinois 60601
Sally Cater
Assistant Counsel
