Section 105.604  Who May File a Petition for Review

a)         If the Agency refused to grant or grants with conditions a PSD permit under Section 9.1(d) of the Act and 35 Ill. Adm. Code Part 204, the applicant may petition for a hearing before the Board to contest the decision of the Agency.  [415 ILCS 5/40.3(a)(1)]

b)         If the Agency fails to act on an application for a PSD permit within the time frame specified in Section 39(f)(3) of the Act, the applicant may petition for a hearing before the Board to compel the Agency to act on the application in a time that is deemed reasonable by the Board.  [415 ILCS 5/40.3(a)(1)]

c)         Any person who participated in the Agency public comment process for a PSD permit and is either aggrieved or has an interest that is or may be adversely affected by the PSD permit may petition for a hearing before the Board to contest the decision of the Agency.  If the petitioner failed to participate in the Agency's public comment process, the person may still petition for a hearing, but only upon issues where the final permit conditions reflect changes from the proposed draft permit that was made available during the Agency public comment process.  [415 ILCS 5/40.3(a)(2)]

(Source:  Added at 44 Ill. Reg. 14897, effective September 4, 2020)