ILLINOIS POLLUTION CONTROL BOARD
    March 17, 2005
     
    ROHM AND HAAS COMPANY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 05-164
    (Permit Appeal - Air)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On March 11, 2005, Rohm and Haas Company timely filed a petition asking the Board to
    review a February 7, 2005 determination of the Illinois Environmental Protection Agency
    (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.206(a). Because the
    postmark date of the joint request is within the extended time for filing, the petition was timely
    filed. 35 Ill. Adm. Code 101.300(b)(2), 105.404. The Agency issued a renewed Federally
    Enforceable State Operating Permit (FESOP) with new conditions for Rohm and Haas
    Company’s polymer emulsion manufacturing facility at 1400 Harvard Drive, Kankakee,
    Kankakee County.
     
    Rohm and Haas Company appeals on the grounds that (1) the new conditions are not
    necessary to accomplish the purposes of the Act; (2) the conditions conflict with Section 9.1(a)
    of the Act (415 ILCS 5/9.1(a) (2002)); (3) the conditions create an unworkable and unpredictable
    set of conditions that potentially subject the plant to arbitrary enforcement; and (4) no violation
    would occur if the prior FESOP was renewed as requested without the new conditions. Rohm
    and Haas Company’s petition meets the content requirements of 35 Ill. Adm. Code 105.210. The
    Board accepts the petition for hearing.
     
    Rohm and Haas Company has the burden of proof. 415 ILCS 5/40(a)(1) (2002);
    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) (2002)), which only Rohm and Haas Company may extend by waiver (
    see
     
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision deadline,
    Rohm and Haas Company “shall be entitled to an Appellate Court order pursuant to Section
    41(d) of this Act [415 ILCS 5/41(d) (2002)].” 415 ILCS 5/40.2(c) (2002). Currently, the
    decision deadline is July 9, 2005 (the 120th day after March 11, 2005).
    See
    35 Ill. Adm. Code
    105.114. The Board meeting immediately before the decision deadline is scheduled for June 2,
    2005.
     
     
    2
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by April 10, 2005, which is 30 days after Rohm and Haas Company
    filed the petition. 35 Ill. Adm. Code 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).
     
    With its petition, Rohm and Haas Company submitted a request that the Board stay the
    effectiveness of various conditions of the permit until the Board has rendered its final decision in
    this matter. The Agency has not yet responded to this request.
    See
    35 Ill. Adm. Code
    101.500(d) (2002). The Board reserves ruling on the issues relating to the requested stay
    pending the response of the Agency.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on March 17, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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