ILLINOIS POLLUTION CONTROL BOARD
    February 6, 2003
     
    PECHINEY PLASTIC PACKAGING, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-58
    (CAAPP Permit Appeal – Air)
     
    ORDER OF THE BOARD (by T. E. Johnson):
     
    On November 7, 2002, the Board, at the parties’ request, extended until January 27, 2003,
    the time period within which Pechiney Plastic Packaging, Inc. (PPPI), might appeal the Illinois
    Environmental Protection Agency (Agency) decision not to take any action on an application to
    modify a Clean Air Act Permit Program (CAAPP) permit.
    See
    415 ILCS 5/40.2(a) (2002). On
    January 27, 2003, PPPI filed a petition asking the Board to review the Agency’s decision not to
    take action on a permit request. The Agency issued a CAAPP permit on May 28, 2002.
    However, on June 18, 2002, PPPI submitted to the Agency a request for administrative
    amendment and for minor permit modification for the issued CAAPP permit under Section 39.5
    of the Environmental Protection Act (Act) (415 ILCS 5/39.5 (2002)); the Agency did not
    respond to this request at any time. The CAAPP permit concerns PPPI’s flexible plastic
    packaging facility at 475 North Kirk Road in Batavia, Kane 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). PPPI is the CAAPP
    permit applicant. PPPI appeals on the grounds that the Agency’s failure to act on PPPI’s request
    for administrative amendment and for minor permit modification for the issued CAAPP permit
    within 90 days of the request was arbitrary and capricious. The Board accepts the petition for
    hearing.
     
    PPPI 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 PPPI 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 May 27, 2003 (the 120th day after January 27, 2003).
     
    2
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline is
    scheduled for May 15, 2003.
     
    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).
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on February 6, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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