ILLINOIS POLLUTION CONTROL BOARD
February 5, 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 T.E. Johnson):
This case is before the Board on a motion to stay the effectiveness of a Clean Air Act
Permit Program (CAAPP) permit issued with conditions, regarding Ethyl Petroleum Additives,
Inc.’s (Ethyl) chemical manufacturing facility at Sauget, St. Claire County. On January 5, 2004,
Ethyl 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). The Board accepted the case on January 8, 2004, but reserved ruling on
the motion to stay pending the response of the Agency. To date, the Agency has not filed a
response to the motion.
If a party files no response to a motion within 14 days the party will be deemed to have
waived objection to the granting of the motion.
See
35 Ill. Adm. Code 101.500(d). In Nielsen &
Bainbridge v. IEPA, PCB 03-98 (Feb. 6, 2003), the Board found that motions to stay must be
accompanied by sufficient information detailing why a stay is needed. In the motion to stay,
Ethyl asserts that a stay of the CAAPP permit is needed to prevent irreparable harm to the
petitioner and to protect petitioner’s certain and clearly ascertainable right to appeal permit
conditions. Mot. at 1. Ethyl asserts that the public and the environment will not be harmed if a
stay is granted.
Id
. The Board grants Ethyl’s motion to stay effectiveness of CAAPP permit
until the Board’s final action in this matter or until the Board orders otherwise.
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