ILLINOIS POLLUTION CONTROL BOARD
    June 6, 2002
     
    STEIN STEEL MILL SERVICES, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 02-211
    (Permit Appeal – Air)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On May 31, 2002, Stein Steel Mill Services, Inc. (Stein) timely filed a petition asking
    the Board to review an April 26, 2002 determination of the Illinois Environmental Protection
    Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2000); 35 Ill. Adm. Code 105.206(a).
     
    The Agency issued a notice of incompleteness concerning Stein’s application for
    renewal of its Federally Enforceable State Operating Permit. The Agency stated that Stein and
    another company, National Steel, should be considered a single source under Section 39.5 of
    the Environmental Protection Act (415 ILCS 5/39.5 (2000)). Stein’s facility is located at 20th
    and Edwardsville Road, Granite City, Madison County. Stein appeals on the grounds that the
    two companies are not a single source because they are controlled by separate entities and have
    different Standard Industrial Classification codes. Stein’s petition meets the content
    requirements of 35 Ill. Adm. Code 105.210. The Board accepts the petition for hearing;
    however, it strikes Stein’s request for attorney fees, as the Board does not have statutory
    authority to award attorney fees in permit appeal cases.
     
    Stein has the burden of proof. 415 ILCS 5/40(a)(1) (2000);
    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) (2000)), which only Stein may extend by waiver (
    see
    35 Ill. Adm. Code
    101.308). If the Board fails to take final action by the decision deadline, Stein “may deem the
    permit issued.” 415 ILCS 5/40(a)(2) (2000). Currently, the decision deadline is
    September 28, 2002 (the 120th day after May 31, 2002).
    See
    35 Ill. Adm. Code 105.114.
    The Board meeting immediately before the decision deadline is scheduled for September 19,
    2002.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the
    entire record of its determination by June 30, 2002 which is 30 days after Stein filed the
     
    2
    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).
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on June 6, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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