ILLINOIS POLLUTION CONTROL BOARD
    October 19, 2006
    DYNEGY MIDWEST GENERATION, INC.
    (VERMILION POWER STATION),
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 06-194
    (Permit Appeal - Air)
    ORDER OF THE BOARD (by N.J. Melas):
    On July 6, 2006, the Board, at the parties’ request, extended until October 3, 2006 the
    time period within which Dynegy Midwest Generation, Inc. (Vermilion Power Station) (Dynegy)
    could appeal a construction permit issued to Dynegy by the Illinois Environmental Protection
    Agency (Agency) on May 30, 2006.
    See
    415 ILCS 5/40(a)(1) (2004); 35 Ill. Adm. Code
    105.208(a). On October 3, 2006, Dynegy filed a petition asking the Board to review the Agency-
    issued permit.
    The construction permit application concerns Dynegy’s coal-fired electric generating
    station located at 2150 North County Road, Oakwood, Vermilion County. The Agency issued
    Dynegy a permit to construct a baghouse at the Vermillion Power Station. The baghouse is to be
    installed as air pollution equipment on two coal-fired boilers at the station. The baghouse would
    collect ash that passes through the electrostatic precipitators (ESP) of each unit and sorbent
    injected into the flue gas stream after the ESPs, which in turn would collect mercury from the
    flue gas. Dynegy is challenging numerous aspects of the permit. Dynegy’s petition meets the
    content requirements of 35 Ill. Adm. Code 105.210. The Board accepts the petition for hearing.
    Because the permit incorporates many conditions that Dynegy is currently challenging in
    another permit appeal (Dynegy
    v. IEPA, PCB 06-73), Dynegy challenges their inclusion in the
    construction permit, and asks the Board to stay the effectiveness of those conditions. To date,
    the Board has received no response from the Agency regarding Dynegy’s request for a stay. The
    Board has granted a stay of the portions of the permit Dynegy contests (Conditions 1.1(a), 1.1(b),
    1.2, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9-1, 1.9-2, 1.9-4, 1.10-2, 1.11) in a Clean Air Act Permit Program
    appeal by Dynegy at the same facility. Dynegy v. IEPA, PCB 06-73 (Feb. 16, 2006). The Board
    exercises its discretion to grant Dynegy’s request to stay the contested conditions until the final
    resultion of this appeal.
    Dynegy has the burden of proof. 415 ILCS 5/40(a)(1) (2004);
    see also
    35 Ill. Adm. Code
    105.112(a). Hearings “will be based exclusively on the record before the Agency at the time the
    permit or decision was issued.” 35 Ill. Adm. Code 105.214(a). Hearings will be scheduled and
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    completed in a timely manner, consistent with the decision deadline (
    see
    415 ILCS 5/40(a)(2)
    (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, Dynegy “may deem the permit issued.”
    415 ILCS 5/40(a)(2) (2004). Currently, the decision deadline is January 31, 2007 (the 120th day
    after October 3, 2006).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before
    the decision deadline is scheduled for January 18, 2006.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by November 2, 2006 which is 30 days after Dynegy filed the
    petition. 35 Ill. Adm. Code 105.212(a). 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 105.212(b).
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on October 19, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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