ILLINOIS POLLUTION CONTROL BOARD
    January 7, 2010
    DYNEGY MIDWEST GENERATION, INC.
    (TILTON ENERGY CENTER),
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 09-92
    (Permit Appeal - Air)
    ORDER OF THE BOARD (by G.L. Blankenship):
    On April 22, 2009, Dynegy Midwest Generation, Inc. (Dynegy) filed a petition (Pet.)
    asking the Board to review a March 19, 2009, determination of the Illinois Environmental
    Protection Agency (Agency).
    See
    415 ILCS 5/40.2(a) (2008), 35 Ill. Adm. Code 105.302. The
    Agency issued a renewed Clean Air Act Permit Program (CAAPP) permit, subject to conditions,
    for Dynegy’s Tilton Energy Center, an electric generating station located at 80 West First Street,
    Tilton, Vermillion County. Dynegy appeals on various grounds, including that several
    conditions are confusing and ambiguous as a result of missing punctuation and terms; that the
    Agency’s decision to include certain conditions while excluding others was inappropriate,
    arbitrary and capricious; and that the Agency’s inclusion of reporting requirements in one
    condition results from the Agency’s outmoded software systems. Pet. at 3-9. Dynegy also
    requested that the Board grant a partial stay of the CAAPP permit by staying portions of
    specified conditions. In an order dated May 7, 2009, the Board accepted Dynegy’s petition for
    hearing but reserved ruling on the requested stay pending the Agency’s response.
    In an order dated June 18, 2009, the Board granted Dynegy’s requested partial stay of the
    contested permit conditions and stayed all or part of permit conditions 6.2.3, 7.1.8(e)(ii),
    7.1.9(d), 7.1.9(f), 7.1.9(j)(ii), 7.1.10(c)(i), 7.1.10(d)(i), and 7.2.12(c)(ii), as requested by Dynegy.
    In that order, the Board stated that “[t]he partial stay remains in effect until the Board takes final
    action on the permit appeal or until the Board orders otherwise.”
    On December 21, 2009, Tilton Energy LLC (Tilton) filed a “Motion for Leave to File
    Amended Appeal” (Mot.). The motion states that, on November 2, 2009, Dynegy and Tilton
    “signed an agreement transferring environmental permit responsibility, coverage and liability
    regarding the Tilton Energy Center” from Dynegy to Tilton. Pet. at 1. Tilton further states that,
    on the same date, Dynegy “submitted a Request for Ownership Change for the Permit to the
    Agency (IEPA Form 272-CAAPP).”
    Id
    . Tilton adds that “[t]he transfer was effective November
    6, 2009” and that Tilton has since become a subsidiary of Valley Road, LLC.
    Id
    . Tilton states
    that, on December 4, 2009, it “submitted a Illinois EPA Administrative Permit Amendment
    2
    CAAPP Form 273 to the Agency requesting that the name and address for the facility contact be
    changed.”
    Id
    . at 1-2.
    Tilton states that it seeks leave to file an amended petition “to reflect the transferred
    ownership,” change the petitioner’s name from Dynegy to Tilton, and amend the caption. Mot.
    at 2. Tilton attached a redlined version of its proposed amended appeal, which reflects the
    requested changes.
    See
    Mot., Exh. B.
    Tilton states that the Agency does not object to its request. Mot. at 2. Tilton argues that
    “[n]one of the parties involved in this action would be unfairly prejudiced by granting Tilton’s
    request, nor will this request delay the progress of this matter.”
    Id
    .
    Section 100.500(d) of the Board’s procedural rules provides in pertinent part that,
    “[w]ithin 14 days after service of a motion, a party may file a response to the motion. If no
    response is filed, the party will be deemed to have waived objection to the granting of the
    motion, but the waiver of objection does not bind the Board or the hearing officer in its
    disposition of the motion.” 35 Ill. Adm. Code 101.500(d). The Board has received no response
    to Tilton’s motion for leave to file an amended appeal. Having reviewed the substance of the
    motion, the Board grants the motion for leave and accepts the amended appeal. In future orders
    and in its Clerk’s Office On-Line, the Board will amend the caption in this proceeding to reflect
    this order.
    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 January 7, 2010, by a vote of 5-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

    Back to top