ILLINOIS POLLUTION CONTROL BOARD
    January 8, 2004
     
    ETHYL PETROLEUM ADDITIVES, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-113
    (Permit Appeal - Air)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On January 5, 2004, Ethyl Petroleum Additives, Inc. (Ethyl Petroleum Additives) timely
    filed a petition asking the Board to review a December 1, 2003 determination of the Illinois
    Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code
    105.206(a). Because the postmark date of the joint request is within the extended time for filing,
    the petition was timely filed. 35 Ill. Adm. Code 101.300(b)(2), 105.404. The Agency approved
    the application for a Clean Air Act Permit Program permit, with conditions, regarding Ethyl
    Petroleum Additives’ chemical manufacturing facility at Sauget, St. Claire County. Ethyl
    Petroleum Additives appeals on the grounds that the permit does not reflect current requirements
    or operations at the facility, it is not consistent with applicable law and regulations, and certain
    conditions are not necessary to accomplish the purposes of the Environmental Protection Act
    (415 ILCS 5 (2002)). Ethyl Petroleum Additives’ petition meets the content requirements of 35
    Ill. Adm. Code 105.210. The Board accepts the petition for hearing.
     
    Ethyl Petroleum Additives 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 Ethyl Petroleum Additives may extend by waiver (
    see
     
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision deadline, Ethyl
    Petroleum Additives “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 4, 2004 (the 120th day after January 5, 2004).
    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 February 4, 2004, which is 30 days after Ethyl Petroleum
    Additives 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).
     
    2
     
    With its petition, Ethyl Petroleum Additives 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. 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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