ILLINOIS POLLUTION CONTROL BOARD
    September 20, 2007
    MIDWEST GENERATION, LLC – JOLIET
    GENERATING STATION,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 08-24
    (Permit Appeal - Air)
    ORDER OF THE BOARD (by A.S. Moore):
    On September 6, 2007, Midwest Generation, LLC – Joliet Generating Station (Midwest
    Generation) timely filed a petition asking the Board to review an August 8, 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 with conditions regarding
    Midwest Generation’s electric generating station located at 1800 Channahon Road, Joliet, Will
    County. Midwest Generation appeals on the grounds that specified conditions are incomplete,
    exceed the scope of the Agency’s authority, or are otherwise appropriate. 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 January 4, 2008, the 120th day after September 6,
    2007.
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the decision
    deadline is scheduled for January 3, 2008.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by Monday, October 8, 2007, which is the first business day
    following the 30th 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 requested that the Board stay the effectiveness of
    various permit conditions until the Board renders its decision in this matter. Specifically,
    Midwest Generation seeks a stay of all or part of conditions 1(b)(ii), 2(a), 2(a) Note, 4, 5(a), 5(b),
    5(b)(i), 5(c), and 6. 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 to that request.
    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 20, 2007, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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