BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RE CRE
i VIE
D
NOVEON, INC .
NOV 1 4 2006
)
Petitioner,
Pollution
STATE OFControl
ILLINOIS
Board
)
v.
)
PCB-
67
.3G
(Air
- 90 Day Extension)
ILLINOIS ENVIRONMENTAL )
PROTECTION AGENCY,
)
Respondent .
)
NOTICE OF FILING
To :
Ms
. Sally Carter
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East, Mail Code #21
Post Office Box 19276
Springfield, IL 62794-9276
Dorothy M
. Gunn
Illinois Pollution Control Board
James R
. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, IL 60601
PLEASE TAKE NOTICE that today I have filed with the Office of the Clerk of
the Pollution Control Board the Request for Ninety Day Extension of Appeal Period and
Appearances on behalf of the Illinois EPA and Noveon, Inc
. in the above-titled matter. A copy is
hereby served upon you .
NOVEON, INC .
B
Da
ies r
One of its Attorneys
DATED:
November 14, 2006
MCGUIREWOODS LLP
77 West Wacker Drive, Suite 4100
Chicago, Illinois 60601
(312) 849-8100
RECEIVEDCLERK'S
OFFICE
NOV 1 4 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PollutionSTATE
OFControl
ILLINOISBoard
NOVEON, INC.
)
Petitioner,
)
PCB
_
01
.i3(p
(Air - 90 Day Extension)
ILLINOIS ENVIRONMENTAL )
PROTECTION AGENCY,
)
Respondent.
)
REQUEST FOR NINETY DAY EXTENSION OF APPEAL PERIOD
Petitioner, Noveon, Inc . ("Noveon"), by and through its attorneys,
McGuireWoods LLP, and the Respondent, Illinois Environmental Protection Agency
("IEPA"), pursuant to Section 40(a)(1) of the Illinois Environmental Protection Act (415
ILCS5/40(a)(1)), respectfully requests the Illinois Pollution Control Board ("Board") to
grant an extension of the thirty-five day period for filing petitions to appeal the IEPA's
denial of a Lifetime Operating Permit until February 13, 2007
. In support of this Petition,
the parties state as follows:
1
. On October 2, 2006, the IEPA issued a permit denial for a Lifetime
Operating Permit for certain emissions units operated and to be operated by Noveon at its
McCook Illinois facility
. A copy of this permit denial is attached hereto and incorporated
herein as Exhibit A
. Noveon received this permit denial letter on October 10, 2006 . As a
result, the deadline for filing an appeal of this permit is November 14, 2006
.
2.
The parties agree that additional time would be useful to continue
negotiations and may eliminate the need to submit an appeal regarding this denial
.
NOU-14-2006 15 :0 0
DLC LEGAL
WHEREFORE, the parties respectfully request the Board grant an extension of
this period for filing appeals of these permits until February 13, 2007 .
NOVEON, INC
.
Dated : November I V, 2006
David L . Rieser, Esq.
McGuireWoods LLP
77 West Wacker Drive
Suite 4100
Chicago, IL 60601
Telephone :
312/849-8100
W264685 .1
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
P .02
NOV-09-2006 'IHU 1U1bb AN L.fH
AIK fKNII
PHA NU,
C1lbZ4bUZd
r .
ue
II. LINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVLNUe EASr,
P,Ci, I1ax 19 .506, SVRIN(innn, ILLINOIS G2704 .950G - (217) 782-2113
Rot, R, 111At'01EVICH, GUVLHNoR
DOUGLAS P. ScorT, DIRFCTo<
217/702-2113
CERTIFIED MAIL,
7004 2510 0001 8652 1895
PERMIT DENIAL
October 2, 2006
Novoon, Inc .
Attn
: Responsible Care Manager
9550 West 55th Street, Suite D
McCook, Illinois 60525
Applicat ion No .
99040036
I,D_
No
. :
031174ACJ
_Applicant's. Designation :
Rocei.ved :
July 19, 2006
operation of :
Manufacturing Ink Additives
Location :
9550 West 55th Street, Suite D, McCook, Cook County,
60525
The Illinois EPA has reviewed your application for a Lifetime operating
Permit for the above referenced project . The permit application in DENIED
because Sections 9 and 39 of the Illinois Environmental Protection Act, and
35 Ill . Adm . Code Sections 201 .160 and 201,169, Parts 203 and 218, and 40 CFR
Part 63 Subpart FFFF might be violated .
The following are specific reasons why the Act and the Rules and Regulations
may not be mete
1 .
The application failed to demonstrate that the source is eligible for a
lifetime operating permit pursuant to 35 111 . Adm . Code 201 .169 .
According to the information submitted to the Illinois EPA, the source
potential to emit may exceed 10 tons per year of toluene
. Toluene is
listed as a hazardous air pollutant (HAP) in Section 11.2(b)
of the clean
Air Act
. If the emissions of any single HAP exceed 10 tons per year, or
emissions of all HAPS combined exceed 25 tons per year, this source will
require a Clean Air Act Permit Program (CAAPP) permit, and will be
subject to the requirements of Section 112(g) of the clean Air Act
.
2
The application failed to demonstrate that the operation of the
emission units would not cause a violation of 35 Ill . Adm
. Code Part
21©, subparts E (organic Emissions From Storage and Loading
Operations), O (Use of Organic Material), and TT (Other Emission
Units), and the National Emission Standards for Hazardous Air
Pollutants (NESIIAP), 40 CFR Part 63, Subpart FFFF (Miscellaneous
organic chemical manufacturing) .
Pursuant to 35 111 . Adm . Code 201
.160, no operating permit shall be
granted unless the applicant submits proof to the Agency that the
emission units have been constructed or modified to operate so as not
Co cause a violation of the Act or regulations .
Ft
ON RLCVCIRV PAITIt
NW-U9-LUUb FHIJ IU,b5 RN
E.f H RIM fKNl f
lHR NU, CI (bC4bUC3
F
. U,i
Page 2
The Illinois EPA will be
pleased to review a reapplication for this permit
that includes the necessary information and documentation to correct the
deficiencies noted
above
. i n accordance with 35 111 . Adm . Code 201,157, this
reapplication may incorporate by roCerence the data and information submitted
to the Illinois EPA in the original permit application, provided that you
certify that the data and information previously submitted remains true,
correct and current
. The reapplication will be considered filed on the date
it is received by the Illinois EPA and will constitute a new permit
application for purposes of Section 39(a) of the Act
. Two copies of this
information must be submitted and should reference the application and I .D .
numbers assigned above .
If you have any questions on this, please call Randy Solomon at 217/782-2113,
Donald E
. Sutton, P .E .
Manager, Permit Section
Division of Air Pollution Control
DES :RBS :psj
cc,
region 1
Julie Arm.itar)e, CMS
Original
C
Signed
y
by
Donald F, Sutton, RE
.
NOV-14-2006 15
:0 1
DLC LEGAL
NOVEON, INC.,
V .
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent
.
APPEARANCE
The undersigned, as one of its attorneys, hereby enters her APPEARANCE on
behalf of Respondent, Illinois Environmental Protection Agency
.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Sally Ca
r
Assistant Counsel
Division of Legal Counsel
Date: November 14, 2006
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
217/782-5544
P .03
TOTAL P .03
David L. Rieser
McGuireWoods LLP
77 West Wacker Drive
Suite 4100
Chicago, IL 60601
Attorney ARDC No . : 3128590
Telephone: 312/849-8100
#4271686 (v .I) .doc
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
NOVEON, INC.
)
Petitioner,
)
v.
)
PCB -
(Air - 90 Day Extension)
ILLINOIS ENVIRONMENTAL )
PROTECTION AGENCY,
)
Respondent .
)
APPEARANCE
The undersigned, an attorney, ente s
for Petitioner, Noveon, Inc .
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
NOVEON, INC .
)
Petitioner,
)
v.
)
PCB -
(Air - 90 Day Extension)
ILLINOIS ENVIRONMENTAL )
PROTECTION AGENCY,
)
Respondent
.
)
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have served the attached Request for Ninety Day
Extension of Appeal Period and Appearances on behalf of the Illinois EPA and Noveon, Inc
.
upon those listed on the attached Notice of Filing by first class mail, postage affixed
.
Respectfully submitted,
NOVEON, INC .
B
i
eser
One of its Attorneys
Dated
: November 14, 2006
McGuireWoods LLP
77 West Wacker, Suite 4100
Chicago, IL 60601
Telephone
: 312/849-8100
