ILLINOIS POLLUTION CONTROL BOARD
    November 17, 2005
     
    DYNEGY MIDWEST GENERATION, INC.
    (HAVANA POWER STATION),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 06-71
    (CAAPP Permit Appeal – Air)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On November 3, 2005, Dynegy Midwest Generation, Inc. (Havana Power Station)
    (Dynegy) timely filed a petition asking the Board to review a September 29, 2005 determination
    of the Illinois Environmental Protection Agency (Agency) to issue a Clean Air Act Permit
    Program (CAAPP) permit with conditions.
    See
    415 ILCS 5/40.2(a) (2004); 35 Ill. Adm. Code
    105.302(e). Dynegy is challenging numerous conditions of the permit. The CAAPP permit
    application concerns Dynegy’s coal-fired electric generating station, called the Havana Power
    Station, located at 15260 North State Route 78, Havana, Mason County.
     
    Section 40.2(a) of the Environmental Protection Act (Act) (415 ILCS 5/40.2(a) (2004))
    allows several persons to appeal Agency CAAPP permit determinations: permit applicants;
    persons who participated in the Agency’s public comment process under Section 39.5(8) of the
    Act (415 ILCS 5/39.5(8) (2004)); and persons who could obtain judicial review under Section
    41(a) of the Act (415 ILCS 5/41(a) (2004)). 415 ILCS 5/40.2(a) (2004);
    see also
    35 Ill. Adm.
    Code 105.302(c). Dynegy is the CAAPP permit applicant. Dynegy appeals on the grounds that
    the conditions should be removed and that many conditions were included in violation of Section
    39.5(7)(n) of the Act (415 ILCS 5/39.5(7)(n) (2004)). The Board accepts the petition for
    hearing.
     
    Dynegy has the burden of proof. 415 ILCS 5/40.2(a) (2004);
    see also
    35 Ill. Adm. Code
    105.112(a). Hearings will be scheduled and completed in a timely manner, consistent with the
    decision deadline (
    see
    415 ILCS 5/40.2(c) (2004)), which only Dynegy may extend by waiver
    (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision deadline,
    “the permit shall not be deemed issued; rather, the petitioner shall be entitled to an Appellate
    Court order pursuant to Section 41(d) of this Act [415 ILCS 5/41(d) (2004)].” 415 ILCS
    5/40.2(c) (2004). Currently, the decision deadline is March 3, 2006 (the 120th day after Dynegy
    filed its petition).
    See
    35 Ill. Adm. Code 105.114. A Board meeting is currently scheduled for
    March 2, 2006.
     
     
     
     
    2
    Unless the Board or the hearing officer orders otherwise, the Agency must file an answer,
    including the entire record of its determination within 30 days after it is served with the petition.
    35 Ill. Adm. Code 105.302(f). If the Agency wishes to seek additional time to file the record, it
    must file a request for extension before the date on which the record is due to be filed. 35 Ill.
    Adm. Code 105.116. The record must comply with the content requirements of 35 Ill. Adm.
    Code 105.302(f).
     
    As part of the permit appeal, Dynegy moves the Board to exercise its discretionary
    authority to stay the entire CAAPP permit on appeal. The Board reserves ruling on Dynegy’s
    motion to allow the Agency time to respond.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on November 17, 2005, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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