February 17, 2011KCBX TERMINALS COMPANY,Petitioner,v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,Respondent.
Adm.
Code 105.Subpart B.
In this case, KCBX appeals on the grounds that the renewed FESOP
includes conditions that are arbitrary and capricious, not required by the Act or regulations, andnot necessary to correct, detect, or prevent noncompliance with, or to otherwise accomplish thepurposes of, the Act or regulations.
See Alton Packaging Corp. v. PCB, 162 Ill. 415 ILCS 5/40(a)(2) (2008). Currently, the
decision deadline is June 1, 2011, which is the 120th day after the Board received the petition. To allow the Agency’s response tim...
Allowed
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