ILLINOIS POLLUTION CONTROL BOARD
    January 19, 2006
    AMERENENERGY GENERATING
    COMPANY, EDWARDS POWER STATION,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 06-126
    (Permit Appeal – Air)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On January 11 2006, AmerenEnergy Generating Company (Edwards Power Station)
    (AmerenEnergy) timely filed a petition asking the Board to review a December 9, 2005 Illinois
    Environmental Protection Agency (Agency) letter refusing to take action on a September 14,
    2005 request to revise a state air operating permit.
    See
    415 ILCS 5/40(a)(1) (2004); 35 Ill. Adm.
    Code 105.206(a). The revision request concerns the permit for AmerenEnergy’s coal-fired
    power plant known as the E.D. Edwards Station at 7800 South CILCO Lane in Bartonville,
    Peoria County.
     
    The Agency letter said the Agency refused to take action on AmerenEnergy’s request
    because (1) the state permit was superseded by a Clean Air Act Permit Program (CAAPP) permit
    with conditions the Agency issued September 29, 2005; and (2) that CAAPP permit “provides
    the requested flexibility in the coal supply to the boilers that you have requested.” The letter
    concluded that the refusal to act “may be considered a denial for the purposes of appeal to the
    Pollution Control Board.” Pet. Exh. 3.
     
    AmerenEnergy alleges the Agency’s failure to act on the request to burn sub-bituminous
    coal (in addition to bituminous coal as permitted) is “incorrect, [and] without basis in law”. Pet.
    at 3. AmerenEnergy agrees that the Agency issued a CAAPP permit on September 29, 2005, but
    notes that a petition for review of that permit was filed on November 18, 2005.
    See
     
    AmerenEnergy Resources Generating Company (Edwards Power Plant) v. IEPA, PCB 06-67
    (accepted for hearing November 18, 2005). AmerenEnergy contends that the pendancy of PCB
    06-67 “stays the effect of the CAAPP permit” and that “[p]ending the decision of the Board, the
    prior state operating permit [whose revision is at issue in PCB 06-126] remains in full force and
    effect.” Pet at 3.
     
    AmerenEnergy’s petition meets the content requirements of 35 Ill. Adm. Code 105.210.
    The Board accepts the petition for hearing. But, in so finding, the Board makes no ruling on the
    merits of the November 18, 2005 motion for stay in PCB 06-67. The Board is still deliberating
    the merits of this motion, and the motions for stay in other pending CAAPP permit appeals filed
    in November 2005.
     
    2
      
    AmerenEnergy has the burden of proof. 415 ILCS 5/40(a)(1) (2004);
    see also
    35 Ill.
    Adm. Code 105.112(a). Hearings “will be based exclusively on the record before the Agency at
    the time the permit or decision was issued.” 35 Ill. Adm. Code 105.214(a). Hearings will be
    scheduled and completed in a timely manner, consistent with the decision deadline (
    see
    415
    ILCS 5/40(a)(2) (2004)), which only AmerenEnergy may extend by waiver (
    see
    35 Ill. Adm.
    Code 101.308). If the Board fails to take final action by the decision deadline, AmerenEnergy
    “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 May 11, 2006
    (the 120th day after January 11, 2006).
    See
    35 Ill. Adm. Code 105.114. The Board meeting
    immediately before the decision deadline is scheduled for May 11, 2006.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by February 10, 2006, which is 30 days after AmerenEnergy filed the
    petition. 35 Ill. Adm. Code 105.212(a). 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 105.212(b).
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 19, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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