BEFORE THE ILLINOIS
OF THE STATE
POLLUTION
OF ILLINOISCONTROL
BOARD
R
ECEIVED
CLERKS OFFICE
MAY 2 4 2006
Pollution
STATE OF
Control
ILLINOIS
Board
MIDWEST GENERATION, LLC,
)
WILL COUNTY GENERATING STATION))
PCB No . 2006-156
v.
)
(Permit Appeal - Air)
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
To :
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Bradley P . Halloran
Hearing Officer
James R
. Thompson Center,
Suite 11-500
100 West Randolph Street
Chicago, Illinois 60601
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of
the Illinois Pollution Control Board one original and four duplicate copies of the
ADMINISTRATIVE RECORD of the Respondent, Illinois Environmental Protection
Agency, a copy of which is herewith served upon the assigned Hearing Officer and the
attorneys for the Petitioner .
Dated: May 19, 2006
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P
.O. Box 19276
Springfield, Illinois 62794-9276
(217) 524-9137
NOTICE
Sheldon A . Zabel
Kathleen C. Bassi
Stephen J . Bonebrake
Kavita M
. Patel
Schiff Hardin, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
Respectfully submitted by,
Robb H . Layman
Assistant Counsel
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
MIDWEST GENERATION, LLC,
RECEIVED
)
WILL
COUNTY GENERATING STATION)
CLERK'S OFFICE
MAY 2 4 2006
Petitioner,
)
PCB No. 2006-156
STATE OF ILLINOIS
Pollution Control Board
v .
)
(Permit Appeal
-
Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent
.
)
ADMINISTRATIVE RECORD OF PERMIT APPLICATION
The Respondent, ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
("Illinois EPA"), by and through its attorneys and pursuant to the procedural
requirements of the Illinois Pollution Control Board ("Board") set forth at 35 Ill . Adm.
Code 105 .212 and 105 .116, files the Administrative Record of Permit Application
("Administrative Record") in this cause .
1 .
This matter originates from a state construction permit, Construction
Permit No . 06020009, that was granted by the Illinois EPA to Midwest Generation on
March 3, 2006, for the construction of new wet dust extractor control devices for the Unit
3 and Unit 4 coal bunkers at the Will County Generating Station located in Romeoville,
Illinois .
2 .
On or about April 7, 2006, Petitioner filed a petition with the Board
seeking an appeal of the Illinois EPA's permitting decision
. The Illinois EPA received an
electronic mail version of the appeal on the same date
. Formal notice of the appeal was
served on the Illinois EPA on April 11, 2006 .
3 .
On April 20, 2006, the Board accepted the case for hearing and, consistent
with the Board's procedural rules, directed the Illinois EPA to file its Administrative
Record by May 8, 2006 .
4.
On May 2, 2006, the undersigned attorney filed a Motion of Extension of
Time to File Administrative Record ("Motion") with the Board, seeking an extension of
the filing date for filing the Administrative Record to May 22, 2006 . The assigned
Hearing Officer orally granted the Motion at the telephonic status conference held on
May 11, 2006
.
5 .
The Illinois EPA herewith files five copies (i .e., a signed original and four
(4) duplicate copies) of the Administrative Record in accordance with 35 111 . Adm. Code
101 .302(h)(2) . One copy is being served on the Petitioner and one copy with the
assigned Hearing Officer.
6.
This Administrative Record is comprised of non-privileged documents and
communications, as made known and available to the undersigned attorney through other
Illinois EPA personnel, that was relied upon by the Illinois EPA's Division of Air
Pollution Control/Permits Section in the issuance of the subject construction permit . A
general description and referenced page numbers of those documents and/or
communications is as follows :
Document reference
Pate
A.
Cover letter, dated February 1, 2006, addressed to
1-92
B .
Donald Sutton, Manager, Division of Air Pollution
Control ("DAPC")/Permits Section, from Basil G .
Constantelos, Director, Environmental Services,
Midwest Generation, including attached Construction
Permit Application .
Completeness Review Worksheet.
93
C .
Facsimile transmittal sheet, dated February 27, 2006,
94-109
from Andrea Crapisi, Midwest Generation, to Manish Patel,
Document reference
Page
D .
DAPC/Permits Section, together with attached cover
letter and revisions to construction permit application .
Electronic mail correspondence, dated February 27,
110
E .
2006, between Manish Patel, DAPC/Permits Section, and
Andrea Crapisi, Midwest Generation, relating to revised
permit application materials .
Electronic mail correspondence, dated March 1, 2006,
111-112
F.
between Manish Patel, DAPC/Permits Section, and
Andrea Crapisi, Midwest Generation, relating to timing
of permit review .
Electronic mail correspondence, dated March 2,
113-122
G.
2006, between Manish Patel, DAPC/Permits Section, and
Andrea Crapisi, Midwest Generation, together with
attachment containing comments to draft construction
permit .
Electronic mail correspondence, dated March 2
123
H.
2006, between Manish Patel, DAPC/Permits Section, and
Andrea Crapisi, Midwest Generation, regarding method of
notification of permit action .
Electronic mail, dated March 3, 2006, from
124-134
1 .
Christopher Romaine, Manager, Utilities Unit,
DAPC/Permits Section, to Andrea Crapisi,
Midwest Generation, together with attached copy of
issued construction permit .
Electronic mail correspondence, dated March 3, 2006,
135
J .
between Christopher Romaine, Manager, Utilities Unit,
DAPC/Permits Section, and Bill Constantelos, Director,
Environmental Services, Midwest Generation, concerning
request to remove certain conditions from the issued permit .
Electronic mail correspondence, dated March 3, 2006,
136
K.
from Christopher Romaine, Manager, Utilities Unit,
DAPC/Permits Section, to Andrea Crapisi,
Midwest Generation, concerning an earlier facsimile of
the issued construction permit .
Facsimile transmittal sheets, dated March 3, 2006, from
137-151
Christopher Romaine, Manager, Utilities Unit,
DAPC/Permits Section, to Andrea Crapisi, Midwest
Generation, and attached copy of the issued construction permit
.
CERTIFICATE OF SERVICE
I hereby certify that on the 19th day of May 2006, I did send, by First Class Mail
with postage thereon fully paid and deposited into the possession of the United States
Postal Service, the following instrument entitled ADMINISTRATIVE RECORD
to :
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
and a true and correct copy of the same foregoing instrument, by First Class Mail with
postage thereon fully paid and deposited into the possession of the United States Postal
Service, to :
Bradley P . Halloran
Hearing Officer
James R. Thompson Center
Suite 11-500
100 West Randolph Street
Chicago, Illinois 60601
Sheldon A . Zabel
Kathleen C . Bassi
Stephen J . Bonebrake
Joshua R. More
Kavita M. Patel
SchiffHardin, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
Robb H. Layma
Assistant Counsel
