ILLINOIS POLLUTION CONTROL BOARD
    January 8, 2004
     
    NOVEON, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-102
    (Permit Appeal - Air)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On December 24, 2003, Noveon, Inc. (Noveon) timely filed a petition asking the Board
    to review a November 24, 2003 determination of the Illinois Environmental Protection Agency
    (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.206(a). The Agency issued a
    final Clean Air Act Permit Program permit for Noveon’s petrochemical manufacturing facility at
    1550 County Road 1450 N in Henry, Marshall County. Noveon appeals on the grounds that the
    Agency modified the permit in response to some of the comments it submitted in response to the
    draft permit, but did not modify the permit in response to all Noveon’s significant comments.
    Noveon’s petition meets the content requirements of 35 Ill. Adm. Code 105.210. The Board
    accepts the petition for hearing.
     
    Noveon 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 Noveon may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the
    Board fails to take final action by the decision deadline, Noveon “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 22, 2004 (the 120th day after
    December 24, 2003).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before
    the decision deadline is scheduled for April 15, 2004.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by January 23, 2004 which is 30 days after Noveon filed the petition.
    35 Ill. Adm. Code 105.212(a). 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 105.212(b).
     
    With its petition, Noveon submitted a request that the Board stay the effectiveness of
    various conditions of the permit until the Board has rendered its final decision in this matter.
     
    2
    Noveon asserts that compliance with the terms and conditions of the permit on the date of permit
    issuance was impossible. Noveon asserts that requiring compliance without allowing sufficient
    time to review the permit and ensure compliance prior to the effective date is arbitrary and
    capricious. The Agency has not yet responded to this request.
    See
    35 Ill. Adm. Code 101.500(d)
    (2002). The Board reserves ruling on the issues relating to the requested stay pending the
    response of the Agency.
     
    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 8, 2004, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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