ILLINOIS POLLUTION CONTROL BOARD
    November 17, 2005
     
    SOUTHERN ILLINOIS POWER,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 06-61
    (CAAPP Permit Appeal – Air)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On November 3, 2005, Southern Illinois Power (Southern) 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). Southern is challenging the
    effective date of the permit, as well as numerous conditions including those relating to boiler
    operating and testing, emission tests, recording and testing requirements, and operating
    procedures. The CAAPP permit application concerns Southern’s electrical power generating
    station located in Williamson 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). Southern is the CAAPP permit applicant. Southern appeals the
    permit on numerous grounds. The Board accepts the petition for hearing.
     
    Southern 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 Southern 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
    Southern 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.
    35 Ill. Adm. Code 105.302(f). If the Agency wishes to seek additional time to file the record, it
     
     
     
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    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).
     
    Southern 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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