RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
APR
262005
STATE OF ILLINOIS
Pollution Control Board
PPG INUDSTRIES, INC.
)
)
)
Petitioner,
)
)
v.
)
PCB 03-82
)
(Permit Appeal-Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE OF FILING
PLEASE
TAKE
NOTICE that today we filed with the Clerk ofthe Illinois Pollution
Control Board Petitioner’s Motion to Voluntarily Dismiss its Petition
for Administrative Review
and Stay ofEffectiveness.
Respectfully submitted,
Charles T. Wehland
Kristin L. Parker
Jones Day
77 West Wacker
Suite
35Q0
Chicago, Illinois
60601-1692
(3 12) 782-3939
Dated: April 26, 2005
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THIS PLEADING IS SUBMITTED ON RECYCLED PAPER
RECEIVED
CLERK’S OFFICE
BEFORE
THE ILLINOIS POLLUTION CONTROL
BOARD
APR 262005
STATE OF ILLINOIS
Pollution Control Board
PPG INDUSTRIES, INC.
)
)
)
Petitioner,
)
)
v.
)
PCB 03-82
)
(Permit Appeal-Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
PETITIONER’S MOTION TO VOLUNTARILY DISMISS ITS
PETITION FOR
ADMINISTRATIVE REVIEW AND STAY OF EFFECTIVENESS
Petitioner, PPG Industries, Inc.
(“PPG”), hereby submits this Motion to Voluntarily
Dismiss its Petition for Administrative Review and Stay ofEffectiveness.
In support of its
Motion, Petitioner states:
1.
OnNovember 7, 2002, the Illinois Environmental Protection Agency (“IEPA”)
issued a Title V Permit, number
1 158 1OAAA, to PPG for its
facility located at Blwin and Mount
Zion Roads
in Mount Zion, Illinois (the
“Permit”).
2.
Because certain ofthe Permit requirements differed from those set forth in the
facility’s previous Title V Permit and were not realistic for the facility’s operations, PPG filed a
Petition for Administrative Review and
Stay ofEffectiveness ofthe Permit with the Illinois
Pollution Control Board on December10, 2002.
3.
PPG and the IEPA thereafter engaged in discussions
and exchanged additional
information about PPG’s processes.
During those discussions, the IEPA agreed that it would
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revise the Permit to reflect appropriate emission limits
and calculation methods as agreed upon
by the parties.
4.
The IEPA issued a final revised Title V Permit, which incorporated such emission
limits
and calculation methods, on February
1, 2005.
5.
In light ofthe above facts, PPG no
longer wishes to pursue its Petition for
Administrative Review and Stay ofEffectiveness.
6.
Counsel
forPetitioner conferred with Robb Layman, counsel for the IEPA,
regarding the revised Permit on April 20, 2005.
Mr. Layman indicated that at that time he had
no objection to PPG’s dismissal ofthe Petition.
WHEREFORE, PPG herebyrequests that the Illinois Pollution Control Board enter an
order granting Petitioner’s Motion to Voluntarily Dismiss its Petition for Administrative Review
and Stay ofEffectiveness, without prejudice.
Respectfully Submitted,
DATED: April 26, 2005
PPG II\~DUSTRIES,INC.
By:
~
Charles T.
Wehiand
Kristin L. Parker
Jones Day
77
West Wacker
Suite 3500
Chicago, Illinois
60601-1692
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THIS PLEADINGIS
SUBMITTED ON RECYCLED
PAPER
CERTIFICATE OF SERVICE
It is hereby certified that true copies ofthe foregoing Notice ofFiling and Petitioner’s
Motion to Voluntarily Dismiss its
Petition for Administrative Review and Stay ofEffectiveness
were mailed, first class, to each ofthe following on April 26, 2005:
Carol Sudman Webb
Hearing Officer
Illinois
Pollution Control Board
1021 North Grand Avenue East
P.O.
Box
19274
Springfield, Illinois
62794-9274
Robb
Layman
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box
19276
Springfield, Illinois
62794-9276
It is hereby certified that a true copy ofthe foregoing was hand delivered to the following
on April 26, 2005:
DorothyM. Gunn
Illinois Pollution Control Board
James R. Thompson Center
100
W. Randolph Street
Suite 11-500
Chicago, Illinois
60601
Kristin L. Parker
Jones Day
77 West Wacker
Suite 3500
Chicago, Illinois
60601-1692
(312) 782-3939
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