ILLINOIS POLLUTION CONTROL BOARD
    February 20, 2003
     
    ABITEC CORPORATION, )
    )
    Petitioner, )
    )
    v. ) PCB 03-95
    ) (Permit Appeal - Air)
    ILLINOIS ENVIRONMENTAL )
    PROTECTION AGENCY, )
    )
    Respondent. )
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On December 31, 2002, Abitec Corporation (Abitec) timely filed a petition asking the
    Board to review a November 26, 2002 determination of the Illinois Environmental Protection
    Agency (Agency) conditionally approving Abitec’s application for a Clean Air Act Permit
    Program (CAAPP) permit. The Agency imposed certain conditions on the CAAPP Permit for
    Abitec’s food processing plant in Paris, Edgar County. On January 9, 2003, the Board accepted
    this matter for hearing but reserved ruling on a request to stay effectiveness of the CAAPP
    permit. On February 6, 2003, the Board denied the requested stay because the request for stay
    was not accompanied by any explanation or reasons for the request. On February 6, 2003, the
    parties filed a joint motion to stay the effectiveness of the two sections of Abitec’s CAAPP.
     
    The Board has recognized that Illinois law provides standards to help determine whether
    stays are appropriate. Community Landfill Company and City of Morris v. IEPA, PCB 01-48,
    49 (Oct. 19, 2000), citing Motor Oils Refining Company, Inc. v. IEPA, PCB 89-116 (Aug. 31,
    1989). Those standards are: (1) a certain and clearly ascertainable right needs protection; (2)
    irreparable injury will occur without the injunction; (3) no adequate remedy at law exists; and (4)
    there is a probability of success on the merits. Motor Oils, PCB 89-116, slip op. at 1-2 (Aug. 31,
    1989), citing Junkunc v. S.J. Advanced Technology & Mfg., 149 Ill. App. 3d 114, 498 N.E. 2d
    1179 (1st Dist. 1986). The Board has held that it is not required to specifically address each of
    these factors in making a stay determination. Bridgestone/Firestone Off-Road Tire Company v.
    IEPA, PCB 02-31 (Nov. 1, 2001).
     
    The motion requests that the Board stay permit conditions 5.10 and 7.1.13 of Abitec’s
    CAAPP permit. The motion alleges that Abitec would be harmed because Abitec would be
    required to expend significant resources to comply with prevention of significant deterioration
    (PSD) requirements before a legal determination was made that Abitec is subject to PSD
    requirements. Mot.Memo at 2. The motion argues that allowing Abitec to operate without these
    conditions will not cause environmental harm as Abitec has already been operating with the
    current emissions requirements since the inception of the plant.
    Id
    .
     
     
    2
    In this instance, the Board finds that absent the stay irreparable injury will occur to
    Abitec. The Board grants the motion to stay permit conditions 5.10 and 7.1.13 of Abitec’s
    CAAPP permit. The Board directs the hearing officer to proceed as expeditiously as practicable.
     
    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 20, 2003, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
     
     
     

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