ILLINOIS POLLUTION CONTROL BOARD
    November 17, 2005
     
    KINCAID GENERATION, L.L.C.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 06-62
    (CAAPP Permit Appeal – Air)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On November 3, 2005, Kincaid Generation, L.L.C. (Kincaid) 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). Kincaid is
    challenging the issue and effective date, as well as numerous conditions including those relating
    to records and reporting, retroactive compliance, boiler operating and testing, handling and
    processing, maintenance, and repair protocols. The CAAPP permit application concerns
    Kincaid’s electrical power generating station located four miles west of Kincaid on Route 104,
    Christian County.
      
    Section 40.2(a) of the Illinois 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). Kincaid is the CAAPP permit applicant. Kincaid appeals the
    permit on numerous grounds. The Board accepts the petition for hearing.
     
    Kincaid 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 Kincaid 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 Kincaid
    filed its petition).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the
    decision deadline is scheduled for March 2, 2006.
     
    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.
     
     
     
    2
    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).
     
    Kincaid requested a stay of the permit and the appealed conditions. The Board will
    reserve ruling on that request to allow for a response from the Agency.
     
    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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