ILLINOIS POLLUTION CONTROL BOARD
    September 6, 2007
    MIDWEST GENERATION, LLC,
    WAUKEGAN GENERATING STATION,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 08-20
    (Permit Appeal - Air)
    ORDER OF THE BOARD (by A.S. Moore):
    On August 27, 2007, Midwest Generation, LLC, Waukegan Generating Station (Midwest
    Generation) timely filed a petition asking the Board to review a July 19, 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
    regarding Midwest Generation’s electric generation facility at 401 East Greenwood Avenue,
    Waukegan, Lake County. Midwest Generation appeals on the grounds that it believes the
    construction permit contains conditions that are incomplete, exceed the Agency’s authority, or
    are otherwise inappropriate. 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” absent the contested conditions. 415 ILCS 5/40(a)(2)
    (2006). Currently, the decision deadline is December 26, 2007, the first business day following
    the 120th day after August 27, 2007.
    See
    35 Ill. Adm. Code 105.114. The Board meeting
    immediately before the decision deadline is scheduled for December 20, 2007.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by September 26, 2007, which is 30 days 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 requested that the Board stay the effectiveness of
    various permit conditions until the Board renders its decision in this matter. The Agency has not
    yet responded to this request.
    See
    35 Ill. Adm. Code 101.500(d). The Board today reserves
    ruling on the issues relating to the requested stay pending the Agency’s response.
    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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