ILLINOIS POLLUTION CONTROL BOARD
    February 15, 2007
    LONE STAR INDUSTRIES, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 07-71
    (Permit Appeal - Air)
    ORDER OF THE BOARD (by G.T. Girard):
    On January 29, 2007, Lone Star Industries, Inc. (Lone Star) timely filed a petition asking
    the Board to review a December 22, 2006 permit determination of the Illinois Environmental
    Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2004); 35 Ill. Adm. Code 101.300(b),
    105.208(a). The determination concerns a revised air construction permit for Lone Star’s cement
    manufacturing facility at 490 Portland Avenue in Oglesby, La Salle County. Also on
    January 29, 2007, Lone Star filed a motion to stay the effectiveness of the contested permit
    conditions. For the reasons below, the Board accepts the petition for review but reserves ruling
    on the motion for stay.
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2004)), the Agency is the
    permitting authority, responsible for administering Illinois’ regulatory programs to protect the
    environment. If the Agency denies a permit or grants one with conditions, the permit applicant
    may appeal the Agency’s decision to the Board.
    See
    415 ILCS 5/4, 5, 40(a)(1) (2004); 35 Ill.
    Adm. Code 105.Subpart D. In this case, the Agency granted a revised air construction permit
    regarding Lone Star’s Oglesby County facility. Lone Star appeals on the grounds that the
    Agency included conditions in the construction permit that are not required by the Act or Board
    regulations, and are not necessary to correct, detect, or prevent noncompliance with, or
    accomplish the purposes of, the Act or Board regulations. Lone Star’s petition meets the content
    requirements of 35 Ill. Adm. Code 105.210.
    The Board accepts the petition for hearing. Lone Star has the burden of proof.
    See
    415
    ILCS 5/40(a)(1) (2004);
    see also
    35 Ill. Adm. Code 105.112(a). Hearings will be based
    exclusively on the record before the Agency at the time the Agency issued its permit decision.
    See
    35 Ill. Adm. Code 105.214(a). Accordingly, though the Board hearing affords a permit
    applicant the opportunity to challenge the Agency’s reasons for denying or conditionally
    granting the permit, information developed after the Agency’s decision typically is not admitted
    at hearing or considered by the Board.
    See
    Alton Packaging Corp. v. PCB, 162 Ill. App. 3d 731,
    738, 516 N.E.2d 275, 280 (5th Dist. 1987);
    Community Landfill Co. & City of Morris v. IEPA,
    PCB 01-170 (Dec. 6, 2001),
    aff’d sub nom.
    331 Ill. App. 3d 1056, 772 N.E.2d 231 (3rd Dist.
    2002).
    2
    Hearings will be scheduled and completed in a timely manner, consistent with the
    decision deadline (
    see
    415 ILCS 5/40(a)(2) (2004)), which only Lone Star may extend by waiver
    (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision deadline,
    Lone Star “may deem the permit issued” absent the contested conditions. 415 ILCS 5/40(a)(2)
    (2002). Currently, the decision deadline is May 29, 2007, which is the 120th day after the Board
    received the petition.
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before
    the decision deadline is scheduled for May 17, 2007.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by February 28, 2007, which is 30 days after the Board received Lone
    Star’s petition.
    See
    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.
    See
    35 Ill. Adm. Code 105.116. The record must comply with the content requirements
    of 35 Ill. Adm. Code 105.212(b).
    Accompanying Lone Star’s petition for review is a motion to stay the effectiveness of the
    contested permit conditions. The Board reserves ruling on the motion for stay to allow the
    Agency’s response time to run.
    See
    35 Ill. Adm. Code 101.500(d).
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on February 15, 2007, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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