ILLINOIS POLLUTION CONTROL BOARD
    February 5, 2004
     
    XCTC LIMITED PARTNERSHIP,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 01-46
    (CAAPP Permit Appeal – Air, Third Party)
    GEORGIA-PACIFIC TISSUE, L.L.C.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
     
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    PCB 01-51
    (CAAPP Permit Appeal – Air)
    Consolidated
    ORDER OF THE BOARD (by G.T. Girard):
     
    On November 24, 2003, Georgia-Pacific Tissue, L.L.C. (Georgia-Pacific) filed an
    amended petition for appeal of a Clean Air Act Permit Program (CAAPP) permit. On December
    18, 2003, the Illinois Environmental Protection Agency (Agency) filed a motion to dismiss the
    amended petition
    instanter
    (Mot). On January 2, 2004, Georgia-Pacific filed a response (Resp.).
    The Board grants the Agency’s motion to file
    instanter
    and for the reasons enunciated below
    dismisses the amended petition.
     
    On August 4, 2000, the Agency issued a CAAPP permit to Georgia-Pacific and on
    September 8, 2000, Georgia-Pacific timely filed an appeal with the Board. Mot. at 1-2. The
    amended petition seeks to incorporate a permit condition (7.1.3(c)) concerning organic material
    usage requirements. Mot. at 2. The Agency concedes that the provision is being discussed as a
    part of settlement negotiations; however, the Agency argues that the relevance to settlement
    negotiations does not translate to the Board having jurisdiction to review the amended permit
    appeal. Mot. at 2-3.
     
    The Board agrees that in this instance, the Board lacks jurisdiction to consider an
    amended petition in a permit appeal. Section 40.2 of the Environmental Protection Act (Act)
    (415 ILCS 5/40.2 (2002) allows an applicant to appeal conditions of a CAAPP permit within 35
     
    2
    days of the Agency’s decision. The only exceptions to the 35-day limit are if an agreed
    extension is sought or “if such petitions are based solely on grounds arising after the 35-day
    period expires.” 415 ILCS 5/40.2(a) (2002). In certain instances the Board allows amended
    petitions to be filed (
    e.g.
    Wei Enterprises v. IEPA, PCB 04-83 (Nov. 20, 2003); Randall
    Industries, Inc. v. IEPA, PCB 03-129 (Sept. 18, 2003); Landfill 33 LTD. v. Effingham County
    Board
    et al
    , PCB 0-43 (Oct. 17, 2002); St. Clair Properties Development, Inc. v. IEPA, PCB 98-
    72 (Nov. 20, 1997)). However, the instances where the Board allows for amended petitions are
    generally instances where the initial petition lacks pertinent information required by Board rules
    and the Board allows the petitioner a set amount of time to correct the deficiencies. In this case,
    Georgia-Pacific seeks to amend the petition three years after the initial appeal was filed and
    seeks review of a condition not previously cited. The Board finds that such an amended petition
    is prohibited by the express language of Section 40.2 of the Act (415 ILCS 5/40.2 (2002)).
    Therefore, the Board strikes the amended petition filed by Georgia-Pacific; however, the permit
    appeal shall proceed pursuant to the original petition for appeal.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on February 5, 2004, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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