ILLINOIS POLLUTION CONTROL BOARD
    November 17, 2005
    ELECTRIC ENERGY INCORPORATED,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 06-65
    (CAAPP Permit Appeal – Air)
    ORDER OF THE BOARD (by T.E. Johnson):
    On November 3, 2005, Electric Energy Incorporated (Electric Energy) 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). Electric
    Energy is challenging numerous conditions, including conditions relating to reporting and
    recordkeeping, as well as the issuance and effective date of the permit. The CAAPP permit
    application concerns Electric Energy’s coal-fired power plant at 2100 Portland Road, Joppa,
    Massac 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). Electric Energy is the CAAPP permit applicant. Electric Energy
    appeals the permit on numerous grounds. The Board accepts the petition for hearing.
    Electric Energy 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 Electric
    Energy 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 Electric Energy 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
    2
    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).
    Electric Energy also filed two motions with the permit appeal. The first motion asks that
    Electric Energy 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

    Back to top