ILLINOIS POLLUTION CONTROL BOARD
    January 22, 2004
     
    NOVEON, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-102
    (CAAPP Permit Appeal – Air)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    The Board accepted this Clean Air Act Permit Program (CAAPP) permit appeal for
    hearing on January 8, 2004. Accompanying the petition (pet.), filed December 24, 2003,
    Noveon, Inc. (Noveon) filed a motion to stay the effectiveness of the CAAPP permit No.
    96030152. This order addresses the petitioner’s motion to stay. To date, the Environmental
    Protection Agency (Agency) has not responded to the motion.
     
    The Board has recognized that Illinois law provides standards to determine whether a
    stay is appropriate. Community Landfill Company and City of Morris v. IEPA, PCB 01-48, 49
    (Oct. 19, 2000),
    citing
    Motor Oils Refining Co., Inc. v. IEPA, PCB 89-116 (Aug. 31, 1989). The
    four standards are as follows: (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).
     
    Motions to stay a proceeding must be accompanied by sufficient information detailing
    why a stay is needed. 35 Ill. Adm. Code 101.514(a). If a party files no response to a motion
    within14 days the party will be deemed to have waived objection to the granting of the motion.
    See
    35 Ill. Adm. Code 101.500(d). Noveon contends the Agency issued the CAAPP permit on
    November 24, 2003, also making the permit effective on that date. According to Noveon, the
    immediate effective date did not allow reasonable time to for Noveon to review the permit and
    make changes necessary to ensure continuous compliance. Noveon requests that the Board stay
    the effectiveness of the final CAAPP permit conditions 7.1.2, 7.1.3(d), 7.1.13, 7.2.1, 7.2.3(c),
    7.2.7, 7.3.2, 7.3.8(b), 7.4.8(b), 7.5.2, 7.5.3(c), 7.5.8(b), 7.6.2, 7.6.3(c), 7.6.5(b)-(c), 7.6.8(b),
    7.6.9(f), 7.7.5(a), and 7.7.8(b) (disputed conditions) until the Board’s final action in this matter.
    Pet. at 9. Further, Noveon requests a stay regarding the remaining provisions of the CAAPP
    permit until January 31, 2004, to allow Noveon time to begin complying with those provisions.
     
     
     
     
    2
    The Board finds that Noveon clearly has a right to appeal the CAAPP permit conditions
    imposed by the Agency. The Board further finds that absent a stay, Noveon will suffer
    irreparable harm. Although Noveon does not include condition 4.0 in its request for relief,
    Noveon objects to condition 4.0 in the body of the permit appeal.
    See
    Pet. at 3. Condition 4.0
    lists the significant emissions units at the Noveon facility and the associated emission control
    equipment, which Noveon disputes. Pet. at 3. Accordingly, the Board includes condition 4.0 as
    part of Noveon’s requested relief.
     
    The Board grants Noveon’s motion to stay effectiveness of the CAAPP permit conditions
    4.0, 7.1.2, 7.1.3(d), 7.1.13, 7.2.1, 7.2.3(c), 7.2.7, 7.3.2, 7.3.8(b), 7.4.8(b), 7.5.2, 7.5.3(c), 7.5.8(b),
    7.6.2, 7.6.3(c), 7.6.5(b)-(c), 7.6.8(b), 7.6.9(f), 7.7.5(a), and 7.7.8(b) until the Board’s final action
    in this matter, or until the Board orders otherwise. The Board further grants Noveon’s motion to
    stay effectiveness of the remaining provisions of the CAAPP permit until January 31, 2004. The
    Board directs the parties 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 January 22, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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