ILLINOIS POLLUTION CONTROL BOARD
    November 17, 2005
     
    MIDWEST GENERATION, LLC, FISK
    GENERATING STATION,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 06-57
    (CAAPP Permit Appeal – Air)
     
    ORDER OF THE BOARD (by A.S. Moore):
     
    On November 2, 2005, Midwest Generation, LLC, Fisk Generating Station (Midwest)
    timely filed a petition asking the Board to review a September 29, 2005 determination of the
    Illinois Environmental Protection Agency (Agency). In the determination, the Agency issued 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). The CAAPP permit concerns Midwest’s electric
    generating station located at 1111 West Cermak Road in Chicago, Cook 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)).
    See
    415 ILCS 5/40.2(a) (2004);
    see also
    35 Ill.
    Adm. Code 105.302(c). Midwest is the CAAPP permit applicant. Midwest challenges the
    CAAPP permit on numerous grounds. The Board accepts the petition for hearing.
     
    Midwest has the burden of proof.
    See
    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 Midwest 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 2, 2006, which is the 120th
    day after the Board received Midwest’s petition.
    See
    35 Ill. Adm. Code 105.114. A Board
    meeting is currently 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.
    See
    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.
     
     
     
    2
    See
    35 Ill. Adm. Code 105.116. The record must comply with the content requirements of 35 Ill.
    Adm. Code 105.302(f).
     
    In its petition, Midwest also asks the Board to rule that the effectiveness of the entire
    CAAPP permit is stayed. The Board reserves ruling on that motion to allow for the Agency 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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