ILLINOIS POLLUTION CONTROL BOARD
    June 5, 2008
    PILKINGTON NORTH AMERICA, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 08-90
    (CAAPP Permit Appeal – Air)
    ORDER OF THE BOARD (by T.E. Johnson):
    On May 19, 2008, Pilkington North America, Inc. (Pilkington) timely filed a petition
    asking the Board to review an April 10, 2008 permit determination of the Illinois Environmental
    Protection Agency (Agency).
    See
    415 ILCS 5/40.2(a) (2006); 35 Ill. Adm. Code 101.300(b),
    105.302(e). The determination concerns Pilkington’s flat glass manufacturing facility located at
    Center and 20th Street, P.O. Box 578, Ottawa, LaSalle County. Additionally, with the petition,
    attorney Kurt A. Kissling (Kissling) filed a motion to appear
    pro hac vice
    on behalf of
    Pilkington.
    See
    35 Ill. Adm. Code 101.400(a)(3). For the reasons below, the Board accepts
    Pilkington’s petition for hearing and grants Kissling’s motion to appear before the Board in this
    appeal.
    Section 39.5 of the Environmental Protection Act (Act) (415 ILCS 5/39.5 (2006)) sets
    forth the Clean Air Act Permit Program (CAAPP), reflecting the requirements of Title V of the
    federal Clean Air Act Amendments of 1990 (42 U.S.C. §§ 7661-7661f). Generally, a CAAPP
    permit is designed to be a single, comprehensive document of all air pollution obligations that
    apply to a facility. The Agency decides whether to approve CAAPP permit applications, and
    Agency decisions may be appealed to the Board by, among others, the permit applicant and
    persons who participated in the Agency’s public comment process.
    See
    415 ILCS 5/40.2(a)
    (2006); 35 Ill. Adm. Code 105.SubpartC. In this case, the Agency issued a revised CAAPP
    permit, subject to conditions, for Pilkington’s LaSalle County facility. Pilkington appeals on the
    grounds that the revised CAAPP permit contains numerous errors, rendering it inconsistent with
    the federal Clean Air Act, the Act, and their respective underlying regulations.
    The Board accepts the petition for hearing. Pilkington has the burden of proof.
    See
    415
    ILCS 5/40.2(a) (2006); 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-
    2
    170 (Dec. 6, 2001),
    aff’d sub nom.
    Community Landfill Co. & City of Morris v. PCB & IEPA,
    331 Ill. App. 3d 1056, 772 N.E.2d 231 (3rd Dist. 2002).
    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 Pilkington 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 September 16, 2008, 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 September 4, 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.
    See
    35 Ill. Adm. Code 105.116. The record must comply with the content requirements of 35 Ill.
    Adm. Code 105.302(f).
    Finally, Kissling, counsel for Pilkington, filed a motion to appear
    pro hac vice
    on behalf
    of Pilkington. Under the Board’s procedural rules, attorneys who are licensed to practice in a
    state other than Illinois and who are not licensed and registered to practice in Illinois “may
    request to appear
    pro hac vice
    on a particular matter by a motion filed with the Board.” 35 Ill.
    Adm. Code 101.400(a)(3). Kissling states that he is a licensed attorney in the State of Michigan.
    He further represents that he is in good standing, has never been the subject of disciplinary or
    disbarment proceedings, and is familiar with the Board’s procedural rules. The Board grants
    Kissling’s motion to appear on behalf of Pilkington in this appeal.
    IT IS SO ORDERED.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on June 5, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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