ILLINOIS POLLUTION CONTROL BOARD
    April 20, 2006
    MIDWEST GENERATION, LLC, WILL
    COUNTY GENERATING STATION,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 06-156
    (Permit Appeal - Air)
    ORDER OF THE BOARD (by A.S. Moore):
    On April 7, 2006, Midwest Generation, LLC, Will County Generating Station (Midwest)
    timely filed a petition (Pet.) asking the Board to review a March 3, 2006 determination of the
    Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2004); 35 Ill.
    Adm. Code 105.206(a).
    The Agency issued a construction permit with conditions regarding Midwest’s electric
    generating station located at529 E. 135th Road, Romeoville, Will County.
    See
    415 ILCS 5/39(a)
    (2004). Midwest appeals on the grounds that “the Agency is attempting to impose operating
    conditions through the construction permit that have been appealed in the context of the CAAPP
    [Clean Air Act Permit Program] permit appeal prior to the Board’s decision on these points.”
    Pet. at 5;
    see
    Midwest Generation, LLC, Will County Generating Station, PCB 06-60. Midwest
    argues variously that these conditions lack a basis in law or are unnecessary, not feasible,
    inapplicable, inappropriate or ambiguous. Midwest’s petition meets the content requirements of
    35 Ill. Adm. Code 105.210. The Board accepts the petition for hearing.
    Midwest 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 Midwest may extend by waiver (
    see
    35 Ill. Adm. Code
    101.308). If the Board fails to take final action by the decision deadline, Midwest “may deem
    the permit issued.” 415 ILCS 5/40(a)(2) (2004). Currently, the decision deadline is August 5,
    2006, the 120th day after April 7, 2006.
    See
    35 Ill. Adm. Code 105.114. The Board meeting
    immediately before the decision deadline is scheduled for August 3, 2006.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by May 8, 2006, which is 30 days after Midwest 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.
    2
    Adm. Code 105.116. The record must comply with the content requirements of 35 Ill. Adm.
    Code 105.212(b).
    The Board notes that Midwest has sought a stay of 14 specified permit conditions. Pet. at
    5. Noting that this petition does not involve a renewal permit, the Board reserves ruling on the
    request for a stay of those conditions until the Agency’s response time has elapsed.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on April 20, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top