ILLINOIS POLLUTION CONTROL BOARD
    October 1,
    1992
    ANERICAN
    WASTE PROCESSING,
    LTD.,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 91—38
    (Pér~it
    ~AppéaI)
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY.
    )
    )
    Respondent.
    ORDER
    OF THE BOARD
    (by B. Forcade):
    This matter comes before the Board on a motion to supplement
    the record.
    The motion was filed on August 25,
    1992, by American
    Waste Processing,
    Ltd (American).
    American seeks to supplement
    the record submitted by the Illinois Environmental Protection
    Agency (Agency).
    The Agency filed its response to the motion on
    September 3,
    1992.
    American seeks to supplement the Agency record with three
    document filings that were submitted to the Agency after the
    letter of denial was issued to American.
    One document was
    submitted to the Agency on October 14,
    1991, and the other two
    documents were filed with the Agency on August 17,
    1992.
    The
    permit denial letter to American was issued on January 25,
    1991.
    The documents were submitted in an attempt to resolve the issues
    that the Agency finds objectionable.
    American also seeks to
    supplement the record with “internal working
    documents” of the
    Agency.
    The Agency in its response notes that American’s motion is
    contrary to Illinois law.
    The Agency states that the material
    that American seeks to add to the record was not considered by
    the Agency.
    The Agency states that the law is clear that the
    Board’s review of the Agency’s permitting decision must be based
    exclusively on the documentation before the Agency when the
    permitting decision was made.
    The Agency does not agree to
    supplement the record and opposes American’s motion.
    It is well-settled that the Agency record in a permit appeal
    consists only of the information which the Agency considered or
    should have considered in making its permitting decision.
    (Alton Packaaing Corp.
    v. Pollution Control Board (5th Diet.
    1987),
    162 Ill.App.3d 731, 516 N.E.2d 275; Joliet Sand & Gravel
    v. Pollution Control Board
    (3d Diet.
    1987),
    163 Ill.App.3d 830,
    516 N.E.2d 9.55.)
    The Board has denied motions to supplement the
    Agency record with information that the Agency did not or should
    have not considered.
    (CWM Chemical Services. Inc. v. IEPA (July
    11,
    1991), PCB 89-177.)
    In denying motions to supplement the
    0136-0209
    2
    record the Board has limited the record to those documents in the
    possession of the Agency at the time it rendered its decision.
    (Indian Refining Limited Partnership v. IEPA (July 11, 1991),
    PCB
    91-84,
    see also Testor Corporation v. IEPA (November 2,
    1989),
    PCB 88—191.)
    The three ~
    -American~seeks
    to add to the Agency record were submitted to the Agency after
    the denial of the permit.
    The documents were not before the
    Agency at the time the permitting decision was made
    .
    in January of
    1991.
    From the dates on the documents it is evident that the
    documents, as submitted, did not exist at the time the Agency
    made the permitting decision.
    The Agency states that it did not
    rely on these documents in reaching its determination that the
    permit should be denied.
    Therefore, the documents should not be
    included in the Agency record or considered by the Board in this
    permit appeal.
    American describes “internal working documents” as review
    notes, memorandums of reviewer and superiors; Agency decision
    guide memorandums; U.S. Environmental Protection Agency guides
    and memorandums.
    American did not provide dates on the internal
    working documents.
    American has not, shown that the internal
    documents were before the Agency or available at the time the
    permitting decision was made or considered by the Agency in
    reaching its permitting decision.
    Therefore, the internal
    documents will not be added to the Agency record.
    If American believes that any of the documents were before
    the Agency or should have been considered by the Agency when the
    permit decision was made, American may request that these
    documents be added to the record by filing a new motion.
    Any
    subsequent motion to supplement the record with the internal
    working documents must include the dates when the internal
    working documents were created.
    American has not shown that the Agency considered or should
    have considered the documents in making its permitting decision.
    Therefore, American’s motion to supplement the Agency record is
    denied.
    IT IS SO ORDERED.
    I, Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certif
    t
    t the above order was adopted gn the
    /-~
    day of
    ______________,
    1992,
    by a vote of ~/
    O.
    OI36~02I0
    Control Board

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