ILLINOIS POLLUTION CONTROL BOARD
    May 28,
    1987
    LTV STEEL COMPANY,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB
    87—68
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGEL’~CY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.D. Dumelle):
    This matter comes before the Board upon a May 20,
    1987,
    petition filed
    by LTV Steel Company (LTV)
    for review of an April
    16, 1987 denial of application for renewal of an air operating
    permit by the Illinois Environmental Protection Agency
    (Agency).
    The permit for which extension has been requested is
    currently under appeal
    in docket PCB 86—43.
    The Agency’s stated
    reason
    for denial
    is that since the wappeal
    is still pending
    before
    the Pollution Control Board, pursuant to the Board’s
    opinions
    in Album,
    Inc. v.
    IEPA, PCB 81—23,
    24
    and Abbott
    Laboratories
    v.
    IEPA, 81—33,
    the Agency cannot act~on the
    application for renewal.
    The Agency further stated that its
    failure
    to act could be treated as a denial, which LTV has done.
    PCB 86—43
    is due for decision in July of 1988.
    The present
    appeal
    is due well before that date.
    It
    is difficult to conceive
    of how the Board could act upon the extension of
    a permit the
    conditions of which have yet to be determined.
    At the same time,
    since the permit under review in PCB 86—43 has already expired by
    its own terms,
    it
    is understandable that LTV would take steps
    to
    protect itself from allegations of operation without a permit for
    the period of time subsequent to the expiration of the PCB 86—43
    permit.
    Due
    to the unusual, and perhaps unique,
    aspects of this
    proceeding,
    the Board is reluctant to proceed without further
    guidance from the parties
    as to the propriety of this appeal and
    the anticipated future course of the proceeding, especially as it
    relates to PCB 86—43.
    The parties are hereby requested
    to file briefs on these
    issues on or before June 9,
    1987.
    The Board will not authorize
    hearings on the petition until after that date.
    IT
    IS SO ORDERED.
    7g~2O6
    —2—
    I, Dorothy
    M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereb~ertifythat the above Order was adopted on
    the
    ______________
    day of
    ,~)-)L_i
    ,
    1987 by
    a vote
    of
    _____________.
    /
    Ill
    Pollution Control Board
    7S~2O7

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