ILLINOIS POLLUTION CONTROL BOARD
    October 18, 2007
    DYNEGY MIDWEST GENERATION, INC.
    (HENNEPIN POWER STATION),
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 07-123
    (Permit Appeal - Air)
    ORDER OF THE BOARD (by N.J. Melas):
    On June 21, 2007, the Board, at the parties’ request, extended until October 4, 2007, the
    time period within which Dynegy Midwest Generation, Inc. (Hennepin Power Station) (Dynegy)
    could appeal a construction permit issued to Dynegy by the Illinois Environmental Protection
    Agency (Agency) on May 29, 2007.
    See
    415 ILCS 5/40(a)(1) (2006); 35 Ill. Adm. Code
    105.208(a). On October 4, 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 two baghouses,
    sorbent injection control systems and induced draft fans for units at the Hennepin Power Station
    located at 13498 East 800 Street, Hennepin, Bureau 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.
    The permit incorporates many conditions that Dynegy is currently challenging in another,
    still pending permit appeal relating to Hennepin (Dynegy v. IEPA
    , PCB 06-72), as well as a
    recent appeal relating to a permit issued for Dynegy’s Havana Power Station (Dynegy v. IEPA
    ,
    PCB 07-115). Dynegy challenges these conditions’ inclusion in the Hennepin 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
    February 1, 2008 (the 120th day after October 4, 2007).
    See
    35 Ill. Adm. Code 105.114. The
    Board meeting immediately before the decision deadlines is scheduled for January 24, 2008.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by November 5, 2007, which is the first business day following the
    30th day after Dynegy filed the petition. 35 Ill. Adm. Code 101.300(a), 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 October 18, 2007, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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