ILLINOIS POLLUTION CONTROL BOARD
    April 21, 2005
    U.S. MINERALS, LLC,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 05-182
    (Permit Appeal - Air)
    ORDER OF THE BOARD (by J.P. Novak):
    On April 6, 2005, U.S. Minerals, LLC (U.S. Minerals) timely filed a petition asking the
    Board to review a March 2, 2005 determination of the Illinois Environmental Protection Agency
    (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.206(a). The Agency granted
    an air permit, with conditions, regarding U.S. Minerals’ coal combustion by-products facility at
    796 CIPS Trail, Coffeen, Montgomery County.
    U.S. Minerals appeals on the grounds that (1) the added conditions 7, 9, and 11.a are not
    necessary to accomplish the purposes of the Environmental Protection Act (Act) (415 ILCS 5
    (2002)); (2) condition 14 imposes an unreasonable burden on U.S. Minerals and is not supported
    by the Agency record; (3) conditions 9, 13, 14, 15, 16, and 17 impose a significant burden on
    U.S. Minerals that would not result in reduction of emissions and are not necessary to
    accomplish the purposes of the Act; and (4) the closing paragraphs of the permit are inaccurate
    and improper to include in the permit. U.S. Minerals’ petition meets the content requirements of
    35 Ill. Adm. Code 105.210. The Board accepts the petition for hearing.
    U.S. Minerals 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 U.S. Minerals may extend by waiver (
    see
    35 Ill. Adm. Code
    101.308). If the Board fails to take final action by the decision deadline, U.S. Minerals “shall be
    entitled to an Appellate Court order pursuant to subsection (d) of Section 41 of this Act [415
    ILCS 5/41(d) (2002)].” 415 ILCS 5/40(a)(3) (2002). Currently, the decision deadline is
    August 4, 2005 (the 120th day after April 6, 2005).
    See
    35 Ill. Adm. Code 105.114. The Board
    meeting immediately before the decision deadline is scheduled for August 4, 2005.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by May 6, 2005, which is 30 days after U.S. Minerals 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.
    2
    35 Ill. Adm. Code 105.116. The record must comply with the content requirements of 35 Ill.
    Adm. Code 105.212(b).
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on April 21, 2005, by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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