ILLINOIS POLLUTION CONTROL BOARD
January 28, 2009
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
TOYAL, INC. f/k/a ALCON-TOYO
AMERICA INC., a foreign corporation,
Respondent.
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PCB 00-211
(RCRA Enforcement)
HEARING REPORT
On December 10 and 11, 2008, a hearing in this matter was held at the Village of
Bolingbrook, Board Room, 375 W. Briarcliff Road, Bolingbrook, Illinois. Assistant Attorneys
General Christopher J. Grant and Vanessa Vail, appeared and participated on behalf of the
complainant. Attorneys Roy M. Harsch and Yesenia Villasenor-Rodriguez, appeared and
participated on behalf of respondent, Toyal, Inc. f/k/a Alcon-Toyo America., a foreign
corporation (Toyal).
Preliminary Matters
On December 10, 2008, the respondent submitted a Motion to Include Witnesses’
Narrative Testimony. The narrative testimony attached to the motion included testimony of
Barry Van Hoose, Raymond J. Malmgren, Steve Anderson, Dennis Dobrodt and Christopher
McClure (includes revised expert report, dated December 1, 2008). On December 10, 2008, the
complainant orally objected, on record, to respondent’s motion. For the reasons set forth on
record at the hearing on December 10, 2008, respondent’s motion to include witnesses’ narrative
testimony was denied, however, the motion and attached narrative testimony was taken as an
offer of proof and marked as Hearing Officer Exhibit 1.
Also on December 10, 2008, the respondent’s submitted a Motion to Allow Mr. McClure
to Amend its Expert Witness Report. McClure’s one page amendment is attached to
respondent’s motion. Respondent’s motion was marked as Hearing Officer Exhibit 3.
Complainant submitted a Motion to Exclude Late-Disclosed Expert Opinion at the hearing on
December 10, 2009. Complainant’s motion was marked as Hearing Officer Exhibit 2. For the
reasons set forth on record at the hearing on December 10, 2008, the complainant’s motion was
granted, however, the one page amendment attached to the respondent’s motion was taken as an
offer of proof.
2
Witness Credibility
Based upon my legal judgment, experience and observations at the hearing, I find that the
credibility of the witnesses that testified at the hearing is not an issue in this matter.
Exhibits
An exhibit list itemizing the offered exhibits and summarizing their status is attached to
this order.
Briefing Schedule
A briefing schedule was discussed and agreed to subsequent the hearing. The
complainant’s post-hearing brief is due to be filed on or before February 16, 2009. The
respondent’s post-hearing brief is due to be filed on or before March 31, 2009. The
complainant’s reply, if any, is due to be filed on or before April 14, 2009. Public comment is due
to be filed on or before February 23, 2009.
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
6
PCB 00-211
December 10, 11, 2009, Hearing
Exhibit List
Exhibit
Description
Status
Hearing Officer Exhibit 1
Respondent’s Motion to Include Narrative
Testimony with Testimony attached
Denied
Motion,
attached
Narrative
Testimony
taken as
Offer of
Proof
Hearing officer Exhibit 2
Complainant’s Motion to Exclude Late-
Dislosed Expert Opinion
Granted
Hearing officer Exhibit 3
Respondent’s Motion to Allow Mr.
McClure to Amend its Expert Witness
Report and a 1 page attachment
Denied
Motion,
attached
Amendment
of Analysis
of Economic
Benefit taken
as an Offer
of Proof
Complainant’s Exhibit 17
Toyal’s Response to Request to Admit
Facts, file stamped November 12, 2008
Admitted
Complainant’s Exhibit 20
Resume of Gary Styzens and attached
Revised Economic Benefit Analysis, dated
March 29, 2006
Admitted
Complainant’s Exhibit 21
CAAPP Application, dated February 1996
Admitted
Complainant’s Exhibit 22
Toyal Construction Permit, date issued,
May 30, 2001
Admitted
Respondent’s Exhibit 2
Toyal Financial Report, dated, December
31, 2007
Admitted
Respondent’s Exhibit 3
Chronological Data For Installation of
V.O.C. Unit
Admitted
Respondent’s Exhibit 4
Agency Letter to Roy Harsch, dated
December 21, 2006
Admitted
Respondent’s Exhibit 5
Stack Test Document, dated December 30,
1998
Admitted
6
Respondent’s Exhibit 7
Agency and Toyal Meeting Document,
dated May 2, 2007
Admitted
Respondent’s Exhibit 8
Document re: Information requested by
Agency, dated May 2, 2007
Admitted
Respondent’s Exhibit 9
Letter from Toyal re; Additional
Information for Permit Extension, dated
February 19, 2002
Admitted
Respondent’s Exhibit 10
Letter from Toyal re; Additional
Information for Permit Extension, dated
February 26, 2002
Admitted
Respondent’s Exhibit 11
Agency Letter to Toyal re: Construction
Permit, date issued, March 8, 2002
Admitted
Respondent’s Exhibit 12
Letter from Toyal to Agency re; Request
for 180-Day Extension, dated August 19,
2002
Admitted
Respondent’s Exhibit 13
Letter from Toyal re: Agency October 9,
2002 Letter
Admitted
Respondent’s Exhibit 14
Agency Letter to Toyal re: Revised
Construction Permit, date issued November
18, 2002
Admitted
Respondent’s Exhibit 16
Resume of Stephen B. Anderson
Admitted
Respondent’s Exhibit 17
Construction Permit, date issued May 30,
2001
Admitted
Respondent’s Exhibit 18
FESOP Permit, date issued November 25,
2003
Admitted
Respondent’s Exhibit 19
Construction Permit Grant, date issued
June 6, 2005
Admitted
Respondent’s Exhibit 21
Resume of Christopher T. McClure
Admitted
Respondent’s Exhibit 22 (a)
Economic Benefit Analysis- Binder 1
Admitted
Respondent’s Exhibit 22 (b)
Economic Benefit Analysis – Binder 2-
Capital Expenditures
Admitted
Respondent’s Exhibit 23
Expert Report of Christopher McClure,
dated December 1, 2008
Taken as an
Offer of
Proof
Respondent’s Exhibit 24
Analysis of Economic Benefit (15 pages)
Taken as
Offer of
Proof
Respondent’s Exhibit 25
Analysis of Economic Benefit (1 page)
Taken as
Offer of
Proof
Respondent’s Exhibit 27
Clarification of the Use of Appendix I of
the Clean Air Act document
Admitted
6
Respondent’s Exhibit 28
“Leveling The Playing Field”, re:
Economic Benefit document
Admitted
6
CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first
class, on January 28, 2009, 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 January 28, 2009:
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
312.814.8917
3
PCB 2000-211
Roy M. Harsch
Drinker Biddle & Reath
191 N. Wacker Drive
Suite 3700
Chicago, IL 60606-1698
PCB 2000-211
Yesenia Villasenor-Rodriguez
Drinker Biddle & Reath
191 N. Wacker Drive
Suite 3700
Chicago, IL 60606-1698
PCB 2000-211
Lawrence W. Falbe
Drinker Biddle & Reath
191 N. Wacker Drive
Suite 3700
Chicago, IL 60606-1698
PCB 2000-211
Christopher J. Grant
Office of the Attorney General
Environmental Bureau
69 W. Washington, 18th Floor
Chicago, IL 60602
PCB 2000-211
Vanessa A. Vail
Office of the Attorney General
Environmental Bureau
69 W. Washington, 18th Floor
Chicago, IL 60602
