ILLINOIS POLLUTION CONTROL BOARD
    November 17, 2005
     
    AMERENENERGY GENERATING
    COMPANY, EDWARDS POWER STATION,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 06-67
    (CAAPP Permit Appeal – Air)
     
    ORDER OF THE BOARD (by G.T.Girard):
     
    On November 3, 2005, AmerenEnergy Generating Company (Edwards Power Station)
    (Ameren) 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). Ameren is challenging numerous conditions, including conditions relating to
    reporting and recordkeeping, as well as the issuance date effective date of the permit. The
    CAAPP permit application concerns Ameren’s coal-fired power plant at 7800 South CILCO
    Lane in Bartonville, Peoria County.
     
    Section 40.2(a) of the Illinois Environmental Protection Act (Act) 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). Ameren is
    the CAAPP permit applicant. Ameren appeals on the grounds that the conditions should be
    removed and that many conditions were included in violation of Section 39.5(q) of the Act (415
    ILCS 5/35(q) (2004)). The Board accepts the petition for hearing.
     
    Ameren 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 Ameren 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 Ameren
    filed its petition).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the
    decision deadline is scheduled for March 2, 2006.
     
     
     
     
    2
    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
    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).
     
    Ameren also filed two motions with the permit appeal. The first motion asks that
    Ameren be allowed to file an original and four copies instead of the nine copies required by the
    Board’s rules. The Board grants that motion. The second motion seeks a stay of the permit and
    the Board will reserve ruling on that motion 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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