On July 1, 2004, Peabody Western Coal Company (“Peabody”) filed a petition with the Environmental Appeals Board (“Board”) requesting review of a May 21, 2004 U.S. Environmental Protection Agency (“EPA”) permit decision (“Permit”), issued by EPA Region IX under 40 C.F.R. Part 71, which implements Title V of the Clean Air Act.

This case involves a petition for review filed by the Sierra Club challenging certain conditions of a prevention of significant deterioration (“PSD”) permit issued by the Illinois Environmental Protection Agency (“IEPA”), under delegated federal authority, to Power Holdings of Illinois, LLC (“Power Holdings”) for construction of a synthetic natural gas (“SNG”) manufacturing plant in Jefferson County, Illinois. The Sierra Club raises three issues on which it seeks review by this Board. These are:

On January 25, 1999, the Wisconsin Department of Natural Resources ("WDNR") issued a prevention of significant deterioration ("PSD") permit to RockGen Energy Center authorizing construction and operation of a 525-megawatt electric power-generating facility to be located in the town of Christiana, Wisconsin.

U.S. EPA, Region 5 appeals an Initial Decision issued by an EPA administrative law judge ("Presiding Officer") dismissing with prejudice a complaint filed against SchoolCraft Construction Company, Inc. ("SchoolCraft"). In its complaint, the Region had sought a penalty of $ 20,000 against SchoolCraft for alleged violations of the Clean Air Act § 112, 42 U.S.C. § 7412, and certain regulations appearing at Subpart M (National Emission Standard for Asbestos) of the National Emission Standards for Hazardous Air Pollutants ("NESHAP"), 40 C.F.R. Part 61.

This is an appeal by SchoolCraft Construction Company, Inc. ("SchoolCraft") from a Decision Following Remand dated June 23, 1998. This matter arises out of an administrative enforcement action filed against SchoolCraft by the Director of the Air and Radiation Division, U.S. Environmental Protection Agency Region V ("Region"). By the Decision Following Remand, the Presiding Officer held SchoolCraft liable for five violations of Clean Air Act ("CAA") § 112, 42 U.S.C. § 7412, and assessed an aggregate penalty for those violations of $ 20,000.