ILLINOIS POLLUTION CONTROL BOARD
    December 19, 2002
     
    PPG INDUSTRIES, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-82
    (Permit Appeal - Air)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On December 10, 2002, PPG Industries, Inc. (PPG) timely filed a petition asking the
    Board to review a November 7, 2002 determination of the Illinois Environmental Protection
    Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2000),
    amended by
    P.A. 92-0574, eff. June 26,
    2002; 35 Ill. Adm. Code 105.206(a). The Agency imposed certain emission limitations on the
    Title V Permit for PPG’s flat glass manufacturing facility located at Elwin and Mount Zion
    Roads in Mount Zion, Macon County. PPG appeals on the grounds, among others, that the
    Agency allegedly failed to include in the Title V Permit the hourly emission requirements found
    in the State Operating Permit. PPG’s petition meets the content requirements of 35 Ill. Adm.
    Code 105.210. The Board accepts the petition for hearing.
     
    PPG has the burden of proof. 415 ILCS 5/40(a)(1) (2000),
    amended by
    P.A. 92-0574,
    eff. June 26, 2002;
    see also
    35 Ill. Adm. Code 105.112(a). Hearings “will be based exclusively
    on the record before the Agency at the time the permit or decision was issued.” 35 Ill. Adm.
    Code 105.214(a). Hearings will be scheduled and completed in a timely manner, consistent with
    the decision deadline (
    see
    415 ILCS 5/40(a)(2) (2000),
    amended by
    P.A. 92-0574, eff. June 26,
    2002), which only PPG may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board
    fails to take final action by the decision deadline, PPG “may deem the permit issued.” 415 ILCS
    5/40(a)(2) (2000). Currently, the decision deadline is April 9, 2003 (the 120th day after
    December 10, 2002).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before
    the decision deadline is scheduled for April 3, 2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by January 10, 2003. 35 Ill. Adm. Code 105.212(a). If the Agency
    wishes to seek additional time to file the record, it 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 105.212(b).
     
    IT IS SO ORDERED.
     
     
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on December 19, 2002, by a vote of 6-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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