§106.414. Opinion and Order

a)         Agency Revocation Proceeding:

 

1)         The Board will issue a written opinion and order within 120 days after the filing of the petition that sets forth the Board's decision and supporting rationale.

 

2)         If the Board determines that the permit should be revoked and reissued, its final order will direct the Agency to revoke and reissue the CAAPP permit consistent with Section 39.5 of the Act.

 

b)         USEPA Reopening Proceeding:

 

1)         After due consideration of the written and oral statements, the testimony and arguments that shall be submitted at hearing, the Board shall issue and enter an interim order for the proposed determination within 120 days after the filing of the petition, which shall set forth all changes, if any, required in the Agency's proposed determination.  The interim order shall comply with requirements for final order as set forth in Section 33 of the Act.  Issuance of an interim order by the Board under this subsection (b), however, shall not affect the permit status and does not constitute a final action for purposes of the Act or the Administrative Review Law.  [415 ILCS 5/39.5(16)(b)(ii)]

 

2)         The Board shall cause a copy of its interim order to be served upon all parties to the proceeding as well as upon USEPA.  The Agency shall submit the proposed determination to USEPA in accordance with the Board's interim order within 180 days after receipt of the notification from USEPA.  [415 ILCS 5/39.5(16)(b)(iii)]