ILLINOIS POLLUTION CONTROL BOARD
    November 6, 2003
    CHAMPION LABORATORIES, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 04-65
    (Permit Appeal - Air)
    ORDER OF THE BOARD (by T.E. Johnson):
    On October 17, 2003, Champion Laboratories, Inc. (Champion) timely filed a petition
    asking the Board to review a June 24, 2002 determination of the Illinois Environmental
    Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.206(a).
    At issue is the Agency’s issuance of a Clean Air Act Permit Program (CAAPP) permit regarding
    Champion’s automotive oil filter manufacturing facility in West Salem, Edwards County.
    Champion appeals on the grounds that the Agency issued the permit while failing to consider
    supplemental materials submitted for its consideration.
    The petition asserts that the permit was issued June 24, 2002, but that Champion did not
    receive a copy from the Agency until September 9, 2003. Champion’s petition meets the content
    requirements of 35 Ill. Adm. Code 105.210. The Board accepts the petition for hearing. In
    accepting the petition, the Board makes no ruling on the timeliness of the filing of this appeal.
    The Board reserves ruling on the October 17, 2003 motion to stay effectiveness of this CAAPP
    permit until the Agency’s time for filing a response has run.
    See
    35 Ill. Adm. Code 101.500(c)
    (2002).
    Champion has the burden of proof. 415 ILCS 5/40(a)(1) (2002);
    see also
    35 Ill. Adm.
    Code 105.112(a). Hearings “will be based exclusively on the record before the Agency at the
    time the permit or decision was issued.” 35 Ill. Adm. Code 105.214(a). Hearings will be
    scheduled and completed in a timely manner, consistent with the decision deadline (
    see
    415
    ILCS 5/40(a)(2) (2002)), which only Champion may extend by waiver (
    see
    35 Ill. Adm. Code
    101.308). If the Board fails to take final action by the decision deadline, Champion “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 February 14, 2003 (the
    120th day after October 17, 2003).
    See
    35 Ill. Adm. Code 105.114. The Board meeting
    immediately before the decision deadline is scheduled for February 5, 2003.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by December 16, 2003, which is 30 days after Champion Laboratories
    filed the petition. 35 Ill. Adm. Code 105.212(a). If the Agency wishes to seek additional time to
    2
    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 105.212(b).
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on November 6, 2003, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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