ILLINOIS POLLUTION CONTROL BOARD
    November 16, 2006
    THE PREMCOR REFINING GROUP INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 07-30
    (CAAPP Permit Appeal – Air)
    ORDER OF THE BOARD (by T.E. Johnson):
    On October 24, 2006, the Premcor Refining Group Inc. (Premcor) timely filed a petition
    asking the Board to review a September 19, 2006 determination of the Illinois Environmental
    Protection Agency (Agency) to issue a Clean Air Act Permit Program (CAAPP) permit.
    See
    415
    ILCS 5/40.2(a) (2004); 35 Ill. Adm. Code 105.302(e). Premcor filed a motion to stay the
    effectiveness of the CAAPP permit concurrently with the petition.
    In the petition, Premcor alleges that the Agency failed to make certain changes to the
    CAAPP permit, as requested by Premcor, and failed to appropriately incorporate provisions from
    construction permits, ultimately resulting in duplicative and inconsistent requirements. Pet. at 3.
    The CAAPP permit application concerns Premcor’s petroleum bulk storage and loading terminal
    at 201 East Hawthorne, Hartford, Madison County.
    Section 40.2(a) of the Illinois Environmental Protection Act (Act) (415 ILCS 5/40.2(a)
    (2004)) allows several persons to appeal Agency CAAPP permit determinations: permit
    applicants; persons who participated in the Agency’s public comment process under Section
    39.5(8) of the Act (415 ILCS 5/39.5(8) (2004)); and persons who could obtain judicial review
    under Section 41(a) of the Act (415 ILCS 5/41(a) (2004)). 415 ILCS 5/40.2(a) (2004);
    see also
    35 Ill. Adm. Code 105.302(c). Premcor is the CAAPP permit applicant. Premcor appeals on the
    grounds that Premcor contends that the CAAPP permit does not reflect the current applicable
    requirements or the current operations of the facility, and thus is not consistent with the Clean
    Air Act and regulations promulgated thereunder. Pet. at 4. The Board accepts the petition for
    hearing.
    Premcor has the burden of proof. 415 ILCS 5/40.2(a) (2004);
    see also
    35 Ill. Adm. Code
    105.112(a). Hearings will be scheduled and completed in a timely manner, consistent with the
    decision deadline (
    see
    415 ILCS 5/40.2(c) (2004)), which only Premcor may extend by waiver
    (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision deadline,
    “the permit shall not be deemed issued; rather, the petitioner shall be entitled to an Appellate
    Court order pursuant to Section 41(d) of this Act [415 ILCS 5/41(d) (2004)].” 415 ILCS
    5/40.2(c) (2004). Currently, the decision deadline is February 21, 2007 (the 120th day after
    2
    Premcor filed its petition).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately
    before the decision deadline is scheduled for February 15, 2007.
    Unless the Board or the hearing officer orders otherwise, the Agency must file an answer,
    including the entire record of its determination within 30 days after it is served with the petition.
    35 Ill. Adm. Code 105.302(f). 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 105.302(f).
    As stated, Premcor also filed a motion to stay the effectiveness of the CAAPP permit
    concurrently with the petition. The Board will reserve ruling on that motion to allow for a
    response from the Agency.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on November 16, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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