ILLINOIS POLLUTION CONTROL BOARD
    July 26, 2007
    MIDWEST GENERATION, LLC, WILL
    COUNTY GENERATING STATION,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 08-9
    (Permit Appeal - Air)
    ORDER OF THE BOARD (by G.T. Girard):
    On July 20, 2007, Midwest Generation, LLC (Midwest Generation) timely filed a petition
    asking the Board to review a June 15, 2007 determination of the Illinois Environmental
    Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2006); 35 Ill. Adm. Code 105.206(a).
    The Agency issued a construction permit containing conditions for Midwest Generation’s
    electrical generation facility located at Romeoville, Will County.
    Midwest Generation appeals on the grounds that the Agency has inappropriately included
    conditions. Midwest Generation’s petition meets the content requirements of 35 Ill. Adm. Code
    105.210. The Board accepts the petition for hearing.
    Midwest Generation has the burden of proof. 415 ILCS 5/40(a)(1) (2006);
    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) (2006)), which only Midwest Generation may extend by waiver (
    see
    35 Ill.
    Adm. Code 101.308). If the Board fails to take final action by the decision deadline, Midwest
    Generation “may deem the permit issued.” 415 ILCS 5/40(a)(2) (2006). Currently, the decision
    deadline is November 17, 2007 (the 120th day after July 20, 2007).
    See
    35 Ill. Adm. Code
    105.114. The Board meeting immediately before the decision deadline is scheduled for
    November 15, 2007.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by August 20, 2007 which is the first business day following the30th
    day after Midwest Generation 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).
    2
    With its petition, Midwest Generation submitted a request that the Board stay the
    effectiveness of various conditions of the permit until the Board has rendered its final decision in
    this matter. The Agency has not yet responded to this request.
    See
    35 Ill. Adm. Code
    101.500(d). The Board reserves ruling on the issues relating to the requested stay pending the
    response of the Agency.
    IT IS SO ORDERED.
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on July 26, 2007, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

    Back to top