ILLINOIS POLLUTION CONTROL BOARD
    October 16, 2003
     
    SAINT-GOBAIN CONTAINERS, INC., a
    Delaware corporation,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-47
    (CAAPP Permit Appeal – Air)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On October 3, 2003, Saint-Gobain Containers, Inc. (Saint-Gobain) timely filed a petition
    asking the Board to review an August 26, 2003 determination of the Illinois Environmental
    Protection Agency (Agency).
    See
    415 ILCS 5/40.2(a) (2002); 35 Ill. Adm. Code 105.302(e).
    The Agency granted a Clean Air Act Permit Program (CAAPP) permit application of Saint-
    Gobain under Section 39.5 of the Environmental Protection Act (Act) (415 ILCS 5/39.5 (2002)).
    The CAAPP permit (No. 95090132) concerns Saint-Gobain’s glass container manufacturing
    facility in Lincoln, Logan County.
     
    Accompanying the petition, Saint-Gobain filed a motion to stay the effectiveness of the
    CAAPP permit. This order will address the petition but reserve ruling on the motion to stay until
    the full response period has expired.
    See
    35 Ill. Adm. Code 101.500(d) (2002).
     
    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). Saint-Gobain is the
    CAAPP permit applicant.
     
    Saint-Gobain appeals on the grounds that the Agency-issued CAAPP permit does not
    reflect the current applicable requirements or the current operations at the facility. Specifically,
    Saint-Gobain has concerns with Section 1.0 and Conditions 5.2.7; 7.1.6; 7.1.12; 7.1.13 and
    7.5.12 of the final CAAPP permit. Saint-Gobain argues the Agency has exceeded its authority
    and imposed conditions that violate Section 39.5 of the Act. 415 ILCS 5/39.5 (2002). The
    Board accepts the petition for hearing.
     
    Saint-Gobain 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 Saint-Gobain may extend by
     
     
     
    2
    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 January 31, 2004 (the 120th day after
    October 3, 2003).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the
    decision deadline is scheduled for January 22, 2004.
     
    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 October 16, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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