ILLINOIS POLLUTION CONTROL BOARD
    October 7, 2004
     
    ROCK ROAD COMPANIES, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 05-54
    (Permit Appeal - Air)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On September 16, 2004, Rock Road Companies, Inc. (Rock Road Companies) timely
    filed a petition asking the Board to review a August 5, 2004 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 granted a
    construction permit, with conditions, for alternative firing of Rock Road Companies’ asphalt
    plant at 801 Beale Court, Rockford, Winnebago County.
     
    Rock Road Companies appeals six conditions of the permit on the grounds that (1) the
    combustion unit is exempt from 35 Ill. Adm. Code 215.301, as incorrectly applied in condition 4;
    (2) the prohibition against burning oil and waste oil, as provided in condition 7b, is internally
    inconsistent and arbitrarily contradictory of the purpose of the permit; (3) condition 9a imposes
    AP-42 Emission Factors for various pollutants as unattainable emissions limits without support
    of law or regulations; (4) condition 10 imposes an arbitrary and unreasonable hardship by
    prescribing notice requirements, tests, and testing procedures that are not feasible given time
    constraints involved with a construction permit; (5) to the extent that condition 13 characterizes
    the emission factors of condition 9a as emission limitations, it does so without a proper basis in
    law or regulation; and (6) condition 14 may prohibit issuance of an operating permit if the
    equipment has not been demonstrated to operate in accordance with the conditions of the
    construction permit. Rock Road Companies’ pe
    A
    d
    m .
      
    C
    o
    d
    e
      
    1
    0
    5
    .
    2
    1
    0
    .
      
      
    T
    h
    e
      
    B
    o
    a
    r
    d
      
    a
    c
    c
    e
    p
    ts the petition for hearing.
     
    Rock Road Companies 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 Rock Road Companies may extend by waiver (
    see
    35 Ill.
    Adm. Code 101.308). If the Board fails to take final action by the decision deadline, Rock Road
    Companies “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
     
    2
    January 14, 2005 (the 120th day after September 16, 2004).
    See
    35 Ill. Adm. Code 105.114.
    The Board meeting immediately before the decision deadline is scheduled for January 6, 2005.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by October 16, 2004, which is 30 days after Rock Road Companies
    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).
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on October 7, 2004, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top