ILLINOIS POLLUTION CONTROL BOARD
    March 6, 2008
    VESUVIUS USA CORPORATION,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 08-48
    (Permit Appeal - Air)
    ORDER OF THE BOARD (by G.T. Girard):
    On March 3, 2008, Vesuvius USA Corporation (Vesuvius) timely filed a petition asking
    the Board to review a January 28, 2008 determination of the Illinois Environmental Protection
    Agency (Agency). In the determination, the Agency issued, with conditions, a renewed
    Federally Enforceable State Operating Permit (FESOP) concerning Vesuvius’ ceramic
    manufacturing facility in Charleston, Coles County.
    See
    415 ILCS 5/40.2(a) (2006); 35 Ill.
    Adm. Code 105.302(e). For the reasons below, the Board accepts Vesuvius’ petition for hearing.
    The petition states that under Section 39.5 of the Environmental Protection Act (Act)
    (415 ILCS 5/39.5 (2006)), Vesuvius applied to the Agency for renewal of the company’s
    FESOP. Petition at 1. Vesuvius thereafter received and requested changes to a preliminary draft
    FESOP.
    Id
    . at 1-2. According to the petition, the final FESOP issued by the Agency does not
    contain the changes requested by Vesuvius, but instead includes conditions “that are not required
    by the Act or regulations,” and “are not necessary to correct, detect, or prevent noncompliance
    with, or to accomplish the purpose of, the Act or regulations.”
    Id
    . at 2-3.
    The Board accepts the petition for hearing. Vesuvius has the burden of proof.
    See
    415
    ILCS 5/40.2(a) (2006); 35 Ill. Adm. Code 105.112(a). Hearings will be scheduled and
    completed in a timely manner, consistent with the decision deadline (
    see
    415 ILCS 5/40.2(c)
    (2006)), which only Vesuvius may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the
    Board fails to take final action by the decision deadline, “the permit shall not be deemed issued;
    rather, the petitioner shall be entitled to an Appellate Court order pursuant to Section 41(d) of
    this Act [415 ILCS 5/41(d) (2006)].” 415 ILCS 5/40.2(c) (2006). Currently, the decision
    deadline is July 1, 2008, which is the 120th day after the Board received the petition. The Board
    meeting immediately before the decision deadline is scheduled for June 19, 2008.
    Unless the Board or the hearing officer orders otherwise, the Agency must file an answer,
    including the entire record of its determination within 30 days after it is served with the petition.
    See
    35 Ill. Adm. Code 105.302(f). 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.
    2
    See
    35 Ill. Adm. Code 105.116. The record must comply with the content requirements of 35 Ill.
    Adm. Code 105.302(f).
    IT IS SO ORDERED.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on March 6, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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