ILLINOIS POLLUTION CONTROL BOARD
    September 6, 2007
    DYNEGY MIDWEST GENERATION, INC.
    (HAVANA POWER STATION),
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 07-115
    (Permit Appeal - Air)
    ORDER OF THE BOARD (by N.J. Melas):
    On June 7, 2007, the Board, at the parties’ request, extended until August 27, 2007, the
    time period within which Dynegy Midwest Generation, Inc. (Havana Power Station) (Dynegy)
    could appeal a construction permit issued to Dynegy by the Illinois Environmental Protection
    Agency (Agency) on April 16, 2007.
    See
    415 ILCS 5/40(a)(1) (2006); 35 Ill. Adm. Code
    105.208(a). On August 22, 2007, Dynegy timely filed a petition asking the Board to review the
    Agency-issued permit.
    The Agency granted Dynegy a permit for construction and operation of a baghouse,
    scrubber, and sorbent injection control for units at the Havana Power Station located at 15260 N.
    State Route 78, in Havana, Mason County. Dynegy challenges numerous permit conditions.
    Dynegy’s petition meets the content requirements of 35 Ill. Adm. Code 105.210. The Board
    accepts the petition for hearing.
    Because the permit incorporates many conditions that Dynegy is currently challenging in
    another, still pending, permit appeal (Dynegy v. IEPA, PCB 06-71), Dynegy challenges the
    conditions’ inclusion in the construction permit, and asks the Board to stay the effectiveness of
    those conditions. To date, the Board has received no response from the Agency regarding
    Dynegy’s request for a stay. The Board today reserves ruling on stay issues until the Agency has
    filed a response or the response time has elapsed.
    See
    35 Ill. Adm. Code 101.500(d).
    Dynegy 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 Dynegy may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the
    Board fails to take final action by the decision deadline, Dynegy “may deem the permit issued.”
    absent the contested conditions. 415 ILCS 5/40(a)(2) (2006). Currently, the decision deadline is
    2
    December 20, 2007 (the 120th day after August 22, 2006).
    See
    35 Ill. Adm. Code 105.114.
    There is a Board meeting scheduled on that day, December 20, 2007.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by September 21, 2007, which is 30 days after Dynegy 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).
    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 September 6, 2007, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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