ILLINOIS POLLUTION CONTROL BOARD
    January 22, 2004
    GENERAL ELECTRIC COMPANY d/b/a
    GE PLASTICS,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 04-115
    (CAAPP Permit Appeal – Air)
    ORDER OF THE BOARD (by G.T. Girard):
    On January 6, 2004, General Electric Company (GE) timely filed a petition asking the
    Board to review a November 25, 2003 determination of the Illinois Environmental Protection
    Agency (Agency).
    See
    415 ILCS 5/40.2(a) (2002); 35 Ill. Adm. Code 105.302(e). The Agency
    imposed certain conditions on a Clean Air Act Permit Program (CAAPP) permit issued to GE
    under Section 39.5 of the Environmental Protection Act (Act) (415 ILCS 5/39.5 (2002)). The
    CAAPP permit application concerns GE’s plastics manufacturing facility at 2148 North 2753rd
    Road in Ottawa, LaSalle County.
    Section 40.2(a) of the Act (415 ILCS 5/40.2(a) (2002)) allows several persons to appeal
    Agency CAAPP permit determinations: permit applicants; persons who participated in the
    Agency’s public comment process under Section 39.5(8) of the Act (415 ILCS 5/39.5(8) (2002));
    and persons who could obtain judicial review under Section 41(a) of the Act (415 ILCS 5/41(a)
    (2002)). 415 ILCS 5/40.2(a) (2002);
    see also
    35 Ill. Adm. Code 105.302(c). GE is the CAAPP
    permit applicant. GE appeals on several grounds including that the Agency failed to reference
    the origin and authority for certain conditions, language not included in an underlying
    construction permit was added to this permit, and the Agency removed non-applicability
    determinations that were in the draft permit. The Board accepts the petition for hearing.
    Also on January 6, 2004, Alphonse McMahon and Shannon S. Broome filed motions to
    appear
    pro hoc vice
    on behalf of GE. Alphonse McMahon is a member in good standing of the
    Indiana bar and Shannon S. Broome is a member in good standing of the California Bar. The
    Board grants the motions to appear
    pro hoc vice
    .
    GE has the burden of proof. 415 ILCS 5/40.2(a) (2002);
    see also
    35 Ill. Adm. Code
    105.112(a). Hearings will be scheduled and completed in a timely manner, consistent with the
    decision deadline (
    see
    415 ILCS 5/40.2(c) (2002)), which only GE may extend by waiver (
    see
    35
    Ill. Adm. Code 101.308). If the Board fails to take final action by the decision deadline, “the
    permit shall not be deemed issued; rather, the petitioner shall be entitled to an Appellate Court
    order pursuant to Section 41(d) of this Act [415 ILCS 5/41(d) (2002)].” 415 ILCS 5/40.2(c)
    2
    (2002). Currently, the decision deadline is May 5, 2004 (the 120th day after January 6, 2004).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline is
    scheduled for April 15, 2004.
    Unless the Board or the hearing officer orders otherwise, the Agency must file an answer,
    including the entire record of the determination within 30 days after the Agency is served with
    the petition. 35 Ill. Adm. Code 105.302(f). If the Agency wishes to seek additional time to file
    the record, the Agency must file a request for extension before the date on which the record is
    due to be filed. 35 Ill. Adm. Code 105.116. The record must comply with the content
    requirements of 35 Ill. Adm. Code 105.302(f).
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 22, 2004, by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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