DYNEGY MIDWEST GENERATION, INC .
(VERMILL ION POWER STATION),
V .
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent .
To:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
100 West Randolph
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
NOTICE
Sheldon A . Zabel
Kathleen C . Bassi
Stephen J
. Bonebrake
Kavita M. Patel
Schiff Hardin, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of
the Illinois Pollution Control Board the
ADMINISTRATIVE 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
a
rter
Assistant Counsel
Dated : November 1, 2006
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box'19276
Springfield, Illinois 62794-9276
R
CLERK'S
ECEIVED
OFFICE
2006
Pollution
STATE OFControl
ILLINOISBoard
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
RECEIVED
DYNEGY MIDWEST GENERATION, INC .
)
CLERK'S
OFFICE
(VERMILLION POWER STATION),
)
N" V
0
2006
Petitioner,
STATE OF
ILLINOIS
)
Pollution Control Board
v.
)
PCB 2006-194
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
ADMINISTRATIVE RECORD
The Respondent, Illinois Environmental Protection Agency ("Illinois EPA"), by
and through its attorneys in accordance with the Illinois Pollution Control Board's
("Board") Order of October 19, 2006, files its Administrative Record ("Administrative
Record") in this cause .
Acting in accordance with its authority under the provisions of the Illinois
Environmental Protection Act (hereinafter
"Act"), 415 ILCS 5/39(a) (2004), the Illinois
EPA issued a construction permit to Dynegy Midwest Generation, Inc
. ("Dynegy") on
May 30, 2006
. The permit authorized the construction of a baghouse on two coal-fired
boilers at the Vermillion Power Station located at 2150 North County Road in Oakwood,
Illinois
. On or about October 3, 2006, Petitioner filed a petition before the Board
challenging certain permit conditions contained within the construction permit issued by
the Illinois EPA .
In accordance with the Board's October 19, 2006, Order, an original and four
copies of the Administrative Record are filed with the Board . The Administrative Record
consists of, among other things, Dynegy's permit application materials, correspondence
1
between the Illinois EPA and Dynegy, miscellaneous documents relating to United States
ofAmerica, et at . v. Illinois Power Company and Dynegy Midwest Generation, Inc
.
United States District Court, Southern District of Illinois, Civil Action 99-883 MJR,
internal agency memorandums, and miscellaneous general reference materials
. These
documents are listed below :
Contents of the Administrative Record
1 . Construction Permit and attached Calculation Sheet, dated May 30, 2006 . [Pages
1-24] .
2. Preliminary Draft, dated May 14, 2006, including a review of Dynegy's
comments. [Pages 25-38].
3 . Dynegy's Comments on Preliminary Draft, dated May 14, 2006 . [Pages 39-521 .
4 . Preliminary Draft, dated May 14, 2006 . [Pages 53-65] .
5
. Letter from Michelle Chestnut, Environmental Specialist, Dynegy, signed by Rick
Diericx to Donald Sutton, Manager Permit Section, Illinois EPA, dated April 28,
2006, and attachments . [Pages 66-89] .
6
. Completeness Review Worksheet for Construction Permit Fees, dated April 25,
2006. [Page 90] .
7. March 28, 2006, Request for Additional Information . [Pages 91-100] .
8
. Construction Permit Application from Michelle M . Bubniak, Environmental
Specialist to Donald Sutton, dated February 27, 2006, and attachments
. [Pages
101-141] .
9
. Reference Permit involving Midwest Generation EME, LLC -
Crawford
Generating Station, Pilot Evaluation for Mercury Control, dated February 2, 2006
.
[Pages 142-1441 .
10. Provision of Issued CAAPP Permit for Boilers 1 & 2 . [Pages
145-1741 .
11 . United States ofAmerica, et al. v
. Illinois Power Company and Dynegy Midwest
Generation, Inc . United States District Court, Southern District of Illinois, Civil
Action 99-883 MJR, Consent Decree. [Pages 175-271] .
2
12 . Attachment 1 : Schedule of Unit-Specific Performance, Operational, Maintenance,
and Control Technology Requirements from the Consent Decree that Apply to the
Vermillion Station (Schedule)
.
[Pages 272-2801 .
13. United States of America, et al. v
. Illinois Power Company and Dynegy Midwest
Generation, Inc . United States District Court, Southern District of Illinois, Civil
Action 99-883 MJR, United States' Notice of Lodging of Proposed Consent
Decree Modifications . [Pages 281-2931 .
14. Letter from Gary Hickey, Vice President, Health & Safety, Dynegy to federal and
state representatives, dated January 6, 2006, and attachment
. [Pages 294-297] .
15
. Letter from Gary Hickey to federal and state representatives, dated October 4,
2005, and attachment . [Pages 298-303] .
16 . Electronic Code of Federal Regulations, 40 CFR ยงยง 64.4-64.5.
[Pages 304-308] .
17. 35 III . Adm. Code 283 . [Pages 309-3141.
18. Miscellaneous electronic mail
. [Pages 315 -459] .
Respectfully submitted by,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217)782-5544
3
Sally
Carter
Assistant Counsel
CERTIFICATE OF SERVICE
I hereby certify that on the 1 s` day of November 2006, 1 did send, via Federal
Express, the following instrument entitled ADMINISTRATIVE RECORD to :
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
I further hereby certify that on the I 't day of November 2006, I did send, 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
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph Street
Chicago, Illinois 60601
Sheldon A . Zabel
Kathleen C . Bassi
Stephen J. Bonebrake
Kavita M. Patel
Schiff Hardin, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
Sally rter
Assistant Counsel
