ILLINOIS POLLUTION CONTROL BOARD
    August
    3,
    1995
    ALLOY CASTING &
    )
    ENGINEERING COMPANY,
    )
    Petitioner,
    )
    V.
    )
    PCB 96-8
    (Permit Appeal-Air
    )
    Ninety-Day Extension)
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by C.A. Manning):
    On July 17,
    1995, Alloy Casting & Engineering Company
    (Alloy)
    filed a notice of extension of the 35—day appeal period
    pursuant to Section 40 of the Act, relating to a June 13,
    1995
    Illinois Environmental Protection Agency
    (Agency) determination
    regarding Alloy permit application.
    The Agency on July 25,
    1995
    filed its agreement to the extension dated July 24,
    1995.
    P.A. 88—690
    (SB1724) effective January 24,
    1995,
    amends
    Section 40.2(a), which governs the air permit appeal process, to
    provide:
    the 35-day period for petitioning for a hearing may be
    extended for a period of time not to exceed 90 days by
    written notice provided to the Board from the applicant
    and the Agency within the initial appeal period.
    Accordingly, any complete notice was due to be filed or
    postmarked no later than July 18,
    1995.
    (See
    35 Adm. Code
    101.102(d) and 101.109.) Although Alloy’s Notice was received
    July 17,
    1995, the Agency’s agreement was not postmarked until
    July 24,
    1995 and not received until July 25,
    1995, therefore
    under amended Section 40.2(a), both parties did not file “within
    the initial appeal period.t’
    Because the
    statutory conditions
    for the extension have not been met, the Board cannot grant a 90—
    day extension of the time in which to file a permit appeal
    pursuant to Section 40.2(a).
    The Board can however, accept Alloy’s notice of extension as
    a petition for review so that Alloy will not lose its right to
    file a permit appeal as result of the
    Agency’s late—filed notice
    of extension.
    Alloy’s notice, of course, does not satisfy the
    Board’s petition content requirements set forth in Section
    105.102; Alloy could not have anticipated that its notice would
    be treated as a permit appeal.
    In that the Agency’s notice was
    2
    received, albeit late,
    it is clear the Agency intended that the
    extension would be granted; therefore, we will allow 90 days from
    the date the notice was due, or from July 18,
    1995,
    for Alloy to
    file an amended petition for review.
    If the amended petition is
    not filed on or before October 16,
    1995, this matter will be
    dismissed.
    The 120 statutory period in which the Board must
    render a final decision will begin running as of the date of the
    filing of the amended petition.
    Additionally, a $75.00 filing
    fee will be required at such time as Alloy files the amended
    petition.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby~certifythat the above order was adopted on the
    ____
    day of
    __________________
    ,
    1995, by a vote of
    -3-~
    (I
    I
    Control Board

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