1. HEARING REPORT
    2. Witness Credibility
    3. Exhibits
    4. Briefing Schedule
    5. Exhibit List
 
ILLINOIS POLLUTION CONTROL BOARD
May 14, 2008
EMERALD PERFORMANCE MATERIALS,
L.L.C. (as purchaser of NOVEON, INC.),
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 04-102
(CAAPP Permit Appeal)
HEARING REPORT
On February 5, 2008, a hearing was held in the above-captioned matter at the Municipal
Building Council Chamber, 426 E. Park Row, Henry, Illinois. Attorney Roy Harsch appeared
and participated on behalf of the petitioner. Attorney Sally Carter appeared and participated on
behalf of the respondent.
Preliminary Matters
Prior to the hearing on February 5, 2008, it was agreed by the parties that the hearing
would be closed to the public due to trade secret issues. The hearing officer attached a sign up
sheet for public comment at the entrance of the hearing in the event of any interest by the pubic
to give public comment at the appropriate time during the hearing. No one signed up to give
comment.
On April 14, 2008, the petitioner filed a motion to designate transcript as non-trade
secret. The petitioner stated that “based on petitioner’s review of the testimony provided and the
Exhibits accepted into evidence… the transcript of the hearing and the Exhibits other than
Exhibit 3, do not contain information that would be deemed confidential and protected under the
trade secret provisions of the Illinois Pollution Control Board at 35 Ill. Adm. Code Part 130”.
Motion at 1. The petitioner represented that the respondent did not oppose the motion. By order
of April 23, 2008, the hearing officer granted the motion and stated that Exhibit 3 will be marked
with the words Trade Secret in red ink on the face of the Exhibit.
It is further noted that Exhibit 3 was copied by the petitioner taken from Volume II of the
Trade Secret copy of the record filed with the Board on April 27, 2007.
Finally, the respondent submitted pages 1276 through 1452 of Volume I of the Public
copy of the record at the hearing because the respondent believes the pages were inadvertently
 
2
omitted from the initial filing on April 27, 2007. The pages are marked as Hearing Officer
Exhibit A.
On April 29, 2008, the parties submitted a proposed post-hearing briefing schedule.
Witness Credibility
Based upon my legal judgment, experience and observations at the hearing, I find that the
credibility of the witnesses is not an issue in this matter.
Exhibits
A list itemizing the exhibits and their status is attached to this order.
Briefing Schedule
A proposed post-hearing briefing schedule was submitted on April 29, 2008. The
briefing schedule was accepted to the extent as follows. Petitioner’s brief is due to be filed on or
before June 6, 2008. The respondent’s brief is due to be filed on or before July 7, 2008.
Petitioner’s reply brief is due to be filed on or before July 21, 2008. Public Comment is due to
be filed on or before June 12, 2008. As of May 13, 2008, an open waiver of the statutory
decision deadline is on file.
IT IS SO ORDERED.
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, Illinois 60601
312.814.8917
 
4
PCB 04-102
February 5, 2008 Hearing
Exhibit List
Exhibit
Description
Status
Hearing Officer Exhibit A
Pages 1276 through 1452 of Volume I of
the Public copy of the record, filed April
27, 2007
Taken with
the case
Petitioner’s Exhibit A
Motion to Supplement the Record with
attached Record. Note- Petitioner’s motion
was denied in a Hearing Officer order,
dated February 4, 2008
Taken with
the case as
an Offer of
Proof
Petitioner’s Exhibit 1
Affidavit of Dan Punzak attached to
respondent’s response to petitioner’s
motion to supplement the record, filed
January 29, 2008
Admitted
Petitioner’s Exhibit 2
Letter dated September 6, 2001, from
Bonnie Sawyer to Roy Harsch
Admitted
Petitioner’s Exhibit 3 –Trade
Secret
Process Schematic
Admitted
4
CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first
class, on May 14, 2008, to each of the persons on the attached service list.
It is hereby certified that a true copy of the foregoing order was hand delivered to
the following on May 14, 2008:
John T. Therriault
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Ste. 11-500
Chicago, Illinois 60601
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
3
Agency
rth Grand Avenue East
2794-9276
Agency
orth Grand Avenue East
62794-9276
PCB 2004-102
mental Protection Agency
x 19276
PCB 2004-102
ardnerCarton
698
PCB 2004-102
Steven J. Murawski
ardnerCarton
e
98
PCB 2004-102
Bill Maupin
oad
PCB 2004-102
Robb H. Layman
Illinois Environmental Protection
1021 No
P.O. Box 19276
Springfield, IL 6
PCB 2004-102
Illinois Environmental Protection
1021 N
P.O. Box 19276
Springfield, IL
Sally A. Carter
Illinois Environ
1021 North Grand Avenue East
P.O. Bo
Springfield, IL 62794-9276
Roy M. Harsch
DrinkerBiddleG
191 N. Wacker Drive
Suite 3700
Chicago, IL 60606-1
DrinkerBiddleG
191 N. Wacker Driv
Suite 3700
Chicago, IL 60606-16
1318 County R
1450 North
Henry, IL 61537

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