ILLINOIS POLLUTION CONTROL BOARD
    August 8, 2002
     
    UOP LLC,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 02-187
    (CAAPP Permit Appeal – Air)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On May 2, 2002, the Board, at the parties’ request, extended until August 4, 2002, the
    time period within which UOP LLC (UOP) may appeal an April 1, 2002 determination of the
    Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40.2(a) (2000). On
    August 2, 2002, UOP filed a petition asking the Board to review the Agency’s determination.
     
    UOP alleges that the Agency did not consider UOP’s comments prior to issuing the
    final Clean Air Act Permit Program (CAAPP) permit under Section 39.5 of the Environmental
    Protection Act (Act) (415 ILCS 5/39.5 (2000)). The CAAPP permit application concerns
    UOP’s facility at 8400 Joliet Road, McCook, Cook County.
     
    Section 40.2(a) of the Act (415 ILCS 5/40.2(a) (2000)) allows several persons to appeal
    Agency CAAPP permit determinations: permit applicants; persons who participated in the
    Agency’s public comment process under Section 39.5(8) of the Act (415 ILCS 5/39.5(8)
    (2000)); and persons who could obtain judicial review under Section 41(a) of the Act (415
    ILCS 5/41(a) (2000)). 415 ILCS 5/40.2(a) (2000);
    see also
    35 Ill. Adm. Code 105.302(c).
    UOP is the CAAPP permit applicant.
     
    UOP appeals on the grounds, among others, that the Agency failed to consider UOP’s
    objection letter. The Board accepts the petition for hearing.
     
    UOP has the burden of proof. 415 ILCS 5/40.2(a) (2000);
    see also
    35 Ill. Adm. Code
    105.112(a). Hearings will be scheduled and completed in a timely manner, consistent with the
    decision deadline (
    see
    415 ILCS 5/40.2(c) (2000)), which only UOP may extend by waiver
    (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision
    deadline, “the permit shall not be deemed issued; rather, the petitioner shall be entitled to an
    appellate court order pursuant to Section 41(d) of this Act [415 ILCS 5/41(d) (2000)].” 415
    ILCS 5/40.2(c) (2000). Currently, the decision deadline is November 30, 2002 (the 120th day
     
      
     
     
    2
    after August 2, 2002).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately
    before the decision deadline is scheduled for November 21, 2002.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file an
    answer, including the entire record of its determination within 30 days after it is served with
    the petition. 35 Ill. Adm. Code 105.302(f). 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 105.302(f).
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on August 8, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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