ILLINOIS POLLUTION CONTROL BOARD
    January 23, 2003
     
    NIELSEN & BAINBRIDGE, LLC,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-98
    (CAAPP Permit Appeal – Air)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On January 7, 2003, Nielsen & Bainbridge, LLC (Nielsen & Bainbridge) placed its
    petition, requesting the Board to review a December 3, 2002 Illinois Environmental Protection
    Agency (Agency) determination, into the United States mail. The Board received the petition on
    January 9, 2003. Because the postmark date precedes the filing deadline date, the petition is
    deemed timely filed on the postmark date. 35 Ill. Adm. Code 101.300(b)(2). The Agency
    conditionally approved a Clean Air Act Permit Program (CAAPP) permit application of Nielsen
    & Bainbridge under Section 39.5 of the Environmental Protection Act (Act) (415 ILCS 5/39.5
    (2002)). The CAAPP permit application concerns Nielsen & Bainbridge’s manufacturing
    facility at 8301 S. 77th Avenue in Bridgeview, Cook County.
     
    Section 40.2(a) of the Act (415 ILCS 5/40.2(a) (2002),
     
    allows several persons to appeal
    Agency CAAPP permit determinations: permit applicants; persons who participated in the
    Agency’s public comment process under Section 39.5(8) of the Act (415 ILCS 5/39.5(8) (2002));
    and persons who could obtain judicial review under Section 41(a) of the Act (415 ILCS 5/41(a)
    (2002)). 415 ILCS 5/40.2(a) (2002);
    see also
    35 Ill. Adm. Code 105.302(c). Nielsen &
    Bainbridge is the CAAPP permit applicant. Nielsen & Bainbridge appeals on the grounds that
    the CAAPP permit does not reflect the appropriate applicable requirements or the correct
    allotment trading units for the manufacturing facility. The Board accepts the petition for hearing.
     
    Nielsen & Bainbridge has the burden of proof. 415 ILCS 5/40.2(a) (2002);
    see also
    35
    Ill. Adm. Code 105.112(a). Hearings will be scheduled and completed in a timely manner,
    consistent with the decision deadline (
    see
    415 ILCS 5/40.2(c) (2002)), which only Nielsen &
    Bainbridge may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take
    final action by the decision deadline, “the permit shall not be deemed issued; rather, the
    petitioner 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 April 10,
    2003 (the 120th day after January 9, 2003).
    See
    35 Ill. Adm. Code 105.114. The Board meeting
    immediately before the decision deadline is scheduled for April 3, 2003.
     
     
    2
    Unless the Board or the hearing officer orders otherwise, the Agency must file an answer,
    including the entire record of its determination within 30 days after it is served with the petition.
    35 Ill. Adm. Code 105.302(f). 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 105.302(f).
     
    Nielsen & Bainbridge has concurrently filed a motion to stay effectiveness of CAAPP
    permit. The time allotted for IEPA to respond to this request has not expired. 35 Ill. Adm. Code
    101.500 (d). Consequently, the Board reserves ruling on the request for a stay of the CAAPP
    permit.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 23, 2002, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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