ILLINOIS POLLUTION CONTROL BOARD
    April 6, 2006
     
    CATERPILLAR LOGISTICS, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
    PCB 06-148
    (Permit Appeal - Air)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On March 14, 2006, Caterpillar Logistics, Inc. (Caterpillar Logistics) timely filed a
    petition asking the Board to review a February 7, 2006 determination of the Illinois
    Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2004); 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 omitted
    existing permit conditions relating to an emergency diesel generator in the course of modifying
    the air operating permit issued to Caterpillar Logistics’ manufacturing facility at 500 North
    Morton Avenue, Morton, Tazewell County.
     
    Caterpillar Logistics appeals on the grounds that the Agency erred in issuing the permit
    without the emergency diesel generator condition. Caterpillar suggested that this was a clerical
    error in using a 2001 version of the permit in making the modifications, instead of the more
    recent 2003 version that included the generator. Caterpillar Logistics’ petition meets the content
    requirements of 35 Ill. Adm. Code 105.210. The Board accepts the petition for hearing.
     
    Caterpillar Logistics has the burden of proof. 415 ILCS 5/40(a)(1) (2004);
    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) (2004)), which only Caterpillar Logistics may extend by waiver (
    see
    35 Ill.
    Adm. Code 101.308). If the Board fails to take final action by the decision deadline, Caterpillar
    Logistics “may deem the permit issued.” 415 ILCS 5/40(a)(2) (2004). Currently, the decision
    deadline is July 12, 2006 (the 120th day after March 14, 2006).
    See
    35 Ill. Adm. Code 105.114.
    The Board meeting immediately before the decision deadline is scheduled for July 6, 2006.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by April 13, 2006 which is 30 days after Caterpillar Logistics 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
     
    2
    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 April 6, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top