ILLINOIS POLLUTION CONTROL BOARD
    January 8, 2009
    APOLLO PLASTICS CORPORATION,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 09-36
    (Permit Appeal - Air)
    APOLLO PLASTICS CORPORATION,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    )
    )
    )
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    PCB 09-44
    (Permit Appeal - Air)
    ORDER OF THE BOARD (by G.T. Girard):
    On November 25, 2008, the Apollo Plastics Corporation (Apollo) filed what it labeled as
    a two-count petition for review of two separate permitting actions by the Illinois Environmental
    Protection Agency (IEPA). The petition asserts that the petition is filed pursuant to Section 40.2
    of the Environmental Protection Act (Act), 415 ILCS 5/40.2 (2006). and 35 Ill. Adm. Code
    105.304. The Agency’s actions concern Apollo’s facility at 5333 N. Elston Avenue, Chicago,
    Cook County. For the reasons below, the Board accepts the petition for review as timely filed
    but deficient due to the attempted consolidation of two appeals in one petition. The Board
    directs the filing of amended petitions in PCB 09-36 and the reserved docket PCB 09-44 along
    with a filing fee. The amended petitions must be filed by February 9, 2009, or the appeals will
    be dismissed. The filing of the amended petitions will restart the Board’s decision 120-day
    decision timeframe.
    See
    35 Ill. Adm. Code 105.114(b).
    The petition’s first count challenges the Agency’s alleged failure to make a timely
    determination on Apollo’s application for an initial federally-enforceable state operating permit
    (FESOP) under the Clean Air Act Permit Program (CAAPP). The petition, read with exhibit A,
    alleges that the Agency received the application September 29, 2006, determined that it was
    complete October 27, 2006, but allegedly failed to make a final FESOP determination within two
    years, as required by Section 39.9(5) of the Act, 415 ILCS 5/39.5(5) (2006).
    2
    The second count of the petition, read with Exhibit B, challenges the Agency’s October
    24, 2008 denial of a renewal of the construction permit for installation of a Regenerative
    Thermal Oxidation system for control of volatile organic material. The Agency denied the
    permit on the stated grounds that construction had been completed, also citing lack of an
    operating permit. The petition asserts that the denial was arbitrary and capricious, and based on
    the alleged Agency failure to timely act on the FESOP application.
    The Board cannot accept Apollo’s petition as filed. In this instance, the Agency’s
    permitting actions appear to have been taken under two different sections of the Act: The first
    under the CAAPP provisions of Section 39.5 of the Act (415 ILCS 5/39.5 (2006)) and the second
    under the general permit provisions of Section 39 of the Act (415 ILCS 5/39 (2006)). If so, the
    Board’s decision would also be governed by two sections of the Act with differing requirements,
    namely Section 40.2 and Section 40 (415 ILCS 5/40.2 and 40 (2006)). Separate Agency
    permitting actions must each be challenged in a separate petition, each accompanied by a $75
    filing fee, and each satisfying the informational requirements of the appropriate subpart of 35 Ill.
    Adm. Code 105.
    See
    35 Ill. Adm. Code 105.Subparts B and C.
    If Apollo wishes to pursue an appeal of either or both separate permitting actions, Apollo
    must file amended petitions in the Board dockets. The Board docketed the original petition as
    PCB 09-36, and will use that docket to deal with any amended petition on the FESOP issue. The
    Board has today reserved docket PCB 09-44 for use to deal with any amended petition on the air
    construction permit renewal. Any amended petition in PCB 09-44 must also be accompanied by
    a $75 filing fee.
    The Board directs Apollo to file an amended petition by February 9, 2009, which is first
    business day following the 30th day after the date of this order, curing these informational
    deficiencies in either or both dockets. Failure to do so will subject the November 25, 2008
    petition and the respective docket(s) to dismissal.
    See
    35 Ill. Adm. Code 105.108.
    The 120-day statutory period for the Board to render a final decision will commence
    upon the filing of the amended petition.
    See
    35 Ill. Adm. Code 105.114(b). In each docket, the
    Agency record must be filed within 30 days after Apollo files any amended petition.
    See
    35 Ill.
    Adm. Code 105.116, 105.212.
    IT IS SO ORDERED.
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on January 8, 2009, by a vote of 5-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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