ILLINOIS POL1.UTION
    CONTROL BOARD
    March
    7,
    1985
    C;tERPILLAR
    TRACTOR COM~~,
    Californi;
    coipor:~tion,
    )
    (hapleton Plant),
    Petiticner,
    )
    PCB
    83—58
    )
    ILLINOIS
    ENVIA(tT): ~ThL
    )
    PROTECTION ACEh~.
    )
    ORDER OF TUE DOARC
    (by
    3
    D
    Dunia
    ilL)
    This
    matter nunes before
    the Board
    on
    an April
    26, 1983,
    p~rmitappeal fiet Dy
    Caterpillar Tractor Company
    (“Cateipilln~’)
    The
    permit
    appeel
    challenged
    the Illinois
    Environmental Pro~ectionAgency
    (“Agency”) March 22, 1983,denial
    of opcuating permits for
    Caterpillar’s Boilers No.
    1, No.
    2 and
    No,
    3
    at
    the Mapleton
    plant.
    ifl
    a
    January
    14,
    1985,
    document
    entitled ~Settlement
    Stipulation4”
    Caterpillar and the Agency
    moved
    the
    Board
    to
    remand
    the present permit appeal back
    to the
    Agency for reconsideration.
    On
    February
    7,
    1985,
    the Board
    req~stedbriefs on
    several
    issues including jurisdiction timing,
    reinstitution,
    and other maLters.
    On March
    1,
    1985, the parties
    filed a Joint
    Drief
    in r~spona~
    to
    the Order.
    That Brief recites
    the
    partte~intention that any Board
    Order
    constitute
    ~final
    act~ouby th~
    Boatd”
    .~nd“final
    idministr~tive
    autiun~
    and
    chut
    “thc•te
    will
    no
    longer
    be
    a
    proceeding
    b~furetoe
    Board
    to
    support.
    surject
    matter
    jurisdicti~n.~
    Any
    future
    diseg
    x~en~:
    t’~~een
    the
    parties
    would
    constitute ~a
    new and
    distinct
    proceeding
    involving
    a
    new
    administrative
    record~
    In
    a situation such as this,
    where
    all
    parties agree that
    the permit appeal
    proceeding be
    rLmanded
    to
    the
    Agency for
    further
    consideration of the original
    permit application along
    with supplemental
    information,
    and
    where waivers of the Agency
    and Board statutory
    deadlines
    for
    decision have been given,
    the
    Board finds that
    it
    is
    appropriate
    to remand
    the proceeding
    to
    the Agency,
    transferring
    jurisdiction
    to
    it and terminating
    the
    present proceeding
    before
    the Board.
    IT
    IS
    SO
    ORDERED
    tV3-143
    ~a~4
    Mei~becBill Forua~n
    concurrLa.
    N~~
    ClerP~
    o~th~Iflinois
    Pollution
    Control
    Lily
    that U~cabove
    Ocdec
    was
    adopted
    on
    ,
    1985,
    by
    a
    vote
    a
    Iino~~
    Pollution
    Control
    Board
    83-144

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