ILLINOIS POLLUTION CONTROL BOARD
    February 7, 2008
    EMERALD PERFORMANCE MATERIALS,
    L.L.C. (as purchaser of NOVEON, INC.),
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 04-102
    (CAAPP Permit Appeal)
    ORDER OF THE BOARD (by N. J. Melas):
    Hearing was held in this matter on February 5, 2008. On January 30, 2008, Noveon, Inc.
    filed two motions that are beyond the hearing officer’s authority to address. The first motion is
    an agreed motion to change petitioner’s name from “Noveon” to “Emerald Performance
    Materials, L.L.C.” to reflect the latter’s May 2006 purchase of the facility whose permit is the
    subject of this appeal. This motion is granted. To avoid any confusion, the captions of this and
    future orders in this matter will retain both names and reflect their relationship.
    The other motion is an agreed motion to voluntarily dismiss certain claims. The agreed
    motion asks that petitioner’s objections 1, 2, 5, and 6 be dismissed from the Board’s review of
    this appeal. This motion is also granted.
    The two issues remaining for Board resolution in this case (objections 3 and 4) involve
    whether certain of the facility’s condensers are subject to 35 Ill. Adm. Code 214.301 by virtue of
    the exemption found in 35 Ill. Adm. Code 214.382, and whether the facility’s existing processes
    are designed to remove sulfur compounds from the flue gases of petrochemical processes. The
    Board will expeditiously address these issues following the close of the briefing schedule
    established by the hearing officer.
    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 February 7, 2008, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

    Back to top