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).
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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