ILLINOIS POLLUTION CONTROL BOARD
May 5, 2005
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 A.S. Moore):
On April 26, 2005, petitioner PPG Industries, Inc. (PPG) filed a Motion to Voluntarily
Dismiss its Petition for Administrative Review and Stay of Effectiveness, without prejudice. For
the reasons below, the Board grants PPG’s motion, but does so with prejudice.
By way of background, in a December 19, 2002 order, the Board accepted for hearing
PPG’s petition contesting a November 7, 2002 determination of the Illinois Environmental
Protection Agency (Agency). The Agency imposed certain air emission limits on the Title V
permit for PPG’s flat glass manufacturing facility, which is located at Elwin and Mount Zion
Roads in Mount Zion, Macon County. On February 6, 2003, the Board granted, without
objection, PPG’s request to stay certain portions of the permit.
In its April 26, 2005 motion, PPG states that after it filed the appeal with the Board, PPG
and the Agency exchanged additional information about PPG’s processes, and the Agency
agreed to revise the permit. Motion at 1-2. According to PPG, the Agency issued a final revised
Title V permit on February 1, 2005, incorporating emission limits and calculation methods
agreed upon by the parties.
Id
. at 2. PPG maintains therefore that it no longer wishes to pursue
this appeal, the dismissal of which the Agency does not oppose.
Id
. PPG asks the Board to
dismiss this appeal “without prejudice.”
Id
.
The Board grants PPG’s motion. The Board must, however, dismiss the appeal
with
prejudice because the statutory time period for PPG to file an appeal of the Agency
determination at issue has already expired.
See
415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code
105.206. Accordingly, in granting PPG’s motion, the Board terminates the stay, dismisses the
appeal with prejudice, and closes the docket.
IT IS SO ORDERED.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on May 5, 2005, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
