BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOAR])
OF
THE
STATE
OF
ILLINOIS
TOYAL
AMERICA,
INC.
,
formerly
known
as
ALCAN-TOYO
AMERICA,
INC.,
a
)
foreign
corporation,
)
)
Respondent.
)
)
PCB
2000-211
)
(Enforcement)
)
)
NOTICE
OF
FILING
TO:
Christopher
Grant
Assistant
Attorney
General
Environmental
Bureau
69
West
Washington
Street,
18
th
Floor
Chicago,
IL
60602
John
Therriault,
Assistant
Clerk
Illinois
Pollution
Control
Board
100
West
Randolph
Street
Suite
11-500
Chicago,
IL
60601
Bradley
P.
Halloran
Hearing
Officer
Illinois
Pollution
Control
Board
James
R.
Thompson
Center,
Suite
11-500
100
W.
Randolph
Street
Chicago,
IL
60601
PLEASE
TAKE
NOTICE
that
on
Wednesday,
November
12,
2008,
we
filed
the
attached
Notice
of
Filing
and
Toyal’s
Response
to
Request
to
Admit
Facts
with
the
Hearing
Officer,
a
copy
of
which
is
herewith
served
upon
yOu.
Respectfully
submitted,
Roy
M.
Harsch
Lawrence
W.
Falbe
Yesenia
Villasenor-Rodriguez
DRINKER
BII)DLE
&
REATH
LLP
191
N.
Wacker
Drive
Suite
3700
Chicago,
IL
60606-1698
Telephone:
(312)
569-1000
Facsimile:
(312)
569-3000
TOYAL
AMERICA,
INC.
By:
One
of
its
attorneys
J
PEOPLE
OF
THE
STATE
OF
ILL1NOIS
)
)
Complainant,
)
V..
iECEVED
CLERKS
OFFICE
NOV
122008
STATE
OF
ILLINOIS
Pollution
Control
Board
THIS
FILING
IS
SUBMITTED
ON
RECYCLED
PAPER
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
NOy
122008
PEOPLE
OF THE
STATE
OF
ILJJNOIS
)
7TE
OILLJNO,S
Complainant,
)
°‘Board
)
v.
)
PCB
No.
00-211
)
(Enforcement)
TOYAL
AMERICA,
INC.,
formerly
known
)
as
ALCAN-TOYO
AMERICA,
INC.,
a
)
foreign
corporation,
)
)
Respondent.
)
TOYAL’S
RESPONSE
TO
REQUEST
TO
ADMIT
FACTS
Respondent,
Toyal
America,
Inc.,
(“Toyal”),
by its
attorneys,
Drinker
Biddle
&
Reath
LLP,
submits
the
following
Response
to
Complainant’s
Request
to
Admit
Facts
as
follows:
Fact
No. 1
Toyal
America,
Inc.
(hereinafter
“Toyal”)
is
a
Delaware
corporation,
duly
authorized
to
transact
business
in
the
State
of
Illinois.
Response:
Admitted.
Fact
No.
2
Toyal
is
a
wholly
owned
subsidiary
of
Nippon
Light
Metals,
Ltd.
a
Japanese
corporation,
which
also
does
business
as
Nippon
Light
Metals
Group
or
NLM
Group.
Response:
Denied.
Further
responding,
Toyal
is
a
subsidiary
of
Toyal
Aluminium
KK
and Toyal
Aluminium
KK
is
a
subsidiary
of
Nippon
Light
Metals.
Fact
No.
3
Nippon
Light
Metals
Group
consists
of
115
subsidiaries
and
51 affiliates.
Response:
Admitted.
CHOI!
25257058.1
Fact
No.4
Nippon
Light
Metals
Ltd.
reported
2007
sales
of
$5,236,408,000.00
Response:
Toyal
admits
that
Nippon
Light
Metals
reported
the
above
sales
in
its
2007
annual
report.
Fact
No.
5
Toyal
owns
and
operates
an
aluminum
processing
facility
located
at
17401
South
Broadway,
Lockport,
Will
County,
Illinois:
Response:
Admitted.
Fact
No.
6
On
or
about
February
6,
1992,
Illinois
EPA
requested
information
from
Toyal
regarding
maximum
theoretical
VOM
emissions
to
determine
compliance
with
35
Ill.
Adm.
Code
218.985(a)
and
Subpart
TT.
Response:
Adm.itted.
Fact
No.
7
On
or
about
May
29,
1992,
Toyal
reported
to
Illinois
EPA
that
their
maximum
theoretical
VOM
emissions
were
82
tons
per
year.
Response:
Admitted.
Fact
No.
8
On
or
about
May
29,
1992,
in
the
report
referenced
in
Request
to
Admit
Fact
No.
7,
Toyal
advised
Illinois
EPA
that,
due
to
process
limitations,
they
considered
the
practical
maximum
VOM
emissions
to
be
41.5
tons
per
year.
Response:
Admitted.
Fact
No.
9
On
or
about
May
29,
1992,
Toyal
reported
to
Illinois
EPA
that
their
actual
VOM
emissions
to
the
air
were
28.07
tons
in
1990
and
33.61
tons
in
1991.
Response:
Admitted.
Fact
No.
10
Using
the
definition
of
“maximum
theoretical
emissions”
contained
in
35
III.
Adm.
Code
211.3960,
from
at
least
March
15,
1995
through
at
least
April
30,
2003,
Toyal’s
maximum
theoretical
emissions
of
volatile
organic
material
exceeded
100
tons
per
year.
Response:
Denied.
CHOI/
25257058.1
2
Fact
No.11
Using
the
definition
of
“potential
to
emit”
contained
in
35
Ill.
Adm.
Code
211.4970,
from
at
least
March
15,
1995
through
at
least
April
30,
2003,
Toyal’s
emission
sources
had
the
potential
Co
emit
in
excess
of
25
tons
per
year
of
volatile
organic
material.
Response:
Admitted.
Fact
No.
12
On
or
about
February
27,
1995,
Illinois
EPA
sent
a
Request
for
Additional
Information
to
Toyal
in
response
to
Toyal’s
permit
application,
number
90040002.
The
Request
for
Additional
Information
advised
Toyal
that
on
March
15,
1995,
the
applicable
emission
level
for
Part
218,
Subpart
TT
and
Subpart
QQ
would
apply
to
its
facility.
Response:
Admitted.
Fact
No.
13
Toyal
was
subject
to
the
control
requirements
of
35
Ill.
Adm.
Code
218.986(a),subpart
TT,
as
of
March
15,
1995.
Response:
Admitted.
Fact
No.
14
Toyal
submitted
its
application
for
a
Clean
Air
Act
Permit
Program
(“CAAPP”)
permit
on
or
about
March
5,
1996.
Response:
Admitted.
Fact
No.15
Toyal’s
CAAPP
Permit
application
advised
Illinois
EPA
that
Toyal
was
subject
to
but
not
in
compliance
with
35
Iii.
Adm.
Code
218.986(a).
Response:
Admitted.
Fact
No.
16
In
its
CAAPP
Permit
application,
Toyal
stated
that
total
VOM
emissions
exceeded
25
tons
per
year
and
that
it
was
not
in
compliance
with
35
Ill.
Adm.
Code
218.986(a).
Response:
Admitted.
Fact
No.
17
In
its
CAAPP
Permit
application,
Toyal
advised
Illinois
EPA
that
control
equipment
would
be
installed
in
the
future.
Response:
Admitted.
CHO1/
25257058.1
3
Fact
No.
18
In
its CAAPP
Permit application,
Toyal
advised
Illinois
EPA
that
it
would
apply
for
a
construction
permit
for
control
equipment
to
meet the
81%
control
requirements
of
218.986(a)
by
February
1998,
and
demonstrate
compliance
by
November
1998.
Response:
Admitted.
Fact
No.
19
In
its
CAAPP
Permit
application,
Toyal
reported
VOM
emissions
of
80.6411
Tons
per
year
for
purpose
of
CAAPP
Permit
Fee
determination.
Response:
Admitted.
Fact
No.
20
Toyal
sought
internal
company
approval
for
a
project
to
investigate
emission
control
technology
to
come
into
compliance
with
VOM
limits
on
or
about
February
25,
1997
Response:
Admitted.
Fact
No.
21
On
or
about
March
13,
1998,
Toyal
requested
that
Illinois
EPA
extend
its
deadline
for
submission
of
its
construction
permit
application
until
May
31,
1998.
In
its
request
for
extension,.
Toyal
stated
that
it
would
be
in
complete
compliance
by
February
1999,
and
would
demonstrate
compliance
through
stack
testing
and
mass
balance
estimates.
Response:
Admitted.
Fact
No. 22
On
or
about
June
2,
1998,
Illinois
EPA
received
Toyal’s
construction
permit
application
for
VOM
control
equipment.
Response:
Admitted.
Fact
No. 23
In
its
application,
Toyal
advised
Illinois
EPA
that
it
would
be
installing
a
Regenerative
Catalytic
Oxidizer
(hereinafter
“RCO),
and
that
it
would
demonstrate
compliance
by
stack
test
in
November,
1998.
Response:
Admitted.
Fact No.
24
In
its
application
for
the
permit
referenced
in
Request
to
Admit
Fact
No.
23,
Toyal
advised
Illinois
EPA
that
it
had
not
yet
chosen
an
RCO
supplier.
Response:
Admitted.
CHO1/
25257058.1
4
Fact
No.
25
On
or
about
December
30,
1998,
Toyal
wrote
Illinois
EPA
advising
that
it
had
cancelled
the
stack
test
scheduled
for
December
29,
1988,
a
typographical
error
which
was
intended
to
be
December
29,
1998.
Toyal
requested
an
extension
until
February
29
1998,
a
typographical
error
which
was
intended
to
be
February
29,
1999.
Response:
Admitted.
Fact
No.
26
On
February
19,
2002,
Toyal
wrote
Illinois
EPA
requesting
an
extension
of
the
date
of
demonstrating
compliance
with
VOM
capture
and
control
efficiency
to
below
25
tons
VOM
per
year
until
November
29,
2002.
Response:
Admitted.
Fact
No.
27
On
or
about
February
26,
2002,
Toyal
wrote
Illinois
EPA
and
advised
that
it
had
not
completed
emissions
control
engineering
necessary
to
make
the
necessary
modifications
to
convert
the
existing
RCO
to
an
RTO.
Response:
Admitted.
Fact
No.
28
On
or
about
August
19,
2002,
Toyal
wrote
Illinois
EPA
requesting
an
additional
extension
of
the
date
for
demonstrating
compliance
with
VOM
capture
and
control
efficiency.
Response:
Admitted.
Fact
No.
29
Toyal
reported
1999
VOM
emissions
to
Illinois
EPA
to
be
36.1
tons.
Response:
Admitted.
Fact
No.
30
Toyal
reported
2000
VOM
emissions
to
Illinois
EPA
to
be
47.4
tons.
Response:
Admitted.
Fact
No.
31
On
or
about
April
18,
2001,
Toyal
submitted
a
construction
permit
application
to
Illinois
EPA.
Response:
Admitted.
CHO1)
25257058.1
5
Fact
No. 32
Toyal’
s
April
18,
2001
construction
permit
application
sought
a
permit
for
conversion
of
the
existing
RCO
to
a
regenerative
thermal
oxidizer
(hereinafter
“RTO”)
as
a
VOM
control
device.
Response:
Admitted.
Fact
No.
33
In
its
April
18, 2001
application,
Toyal
advised
Illinois
EPA
that
it
would
test
the
RTO
to
demonstrate
compliance
in
May,
2002.
Response:
Admitted.
Fact
No.
34
In
its
April
18,
2001 application,
Toyal
advised
Illinois
EPA
that
its
A-Unit
Process
consisted
of
13
emission
sources.
Response:
Admitted.
Fact
No. 35
In
its
April
18,
2001
application,
Toyal
advised
Illinois
EPA
that
its
A-Unit
process
was
subject
to
the
81%
VOM
control
requirements
of
35 Ill.
Adm.
Code
218.986(a),
and
was
not
in
compliance
with
applicable
regulations.
Response:
Admitted.
Fact
No.
36
In
its
April
18, 2001
application,
Toyal
advised
Illinois
EPA
that
A-Unit
emissions
would
be controlled
by
the
RTO
and
that
compliance
would
be
demonstrated
by
stack
testing.
Response:
Admitted.
Fact
No.
37
In
its
April
18,
2001
application,
Toyal
advised
Illinois
EPA
that
its
B-Unit
Process
consisted
of
18
emission
sources.
Response:
Admitted.
Fact
No. 38
In
its
April
18,
2001
application,
Toyal
advised
Illinois
EPA
that
its
B-Unit
process
was
subject
to
the
81%
VOM
control
requirements
of
35
Iii. Adm.
Code
218.986(a),
and
was
not
in
compliance
with
applicable
regulations.
Response:
Admitted.
CHO1/
25257058J
6
Fact
No.
39
In
its
April
18,
2001
application,
Toyal
advised
Illinois
EPA
that
B-Unit
VOM
emissions
would
be
controlled
by
the
RTO
and
that
compliance
would
be
demonstrated
by
stack
testing.
Response:
Admitted.
Fact
No.
40
In
its
April
18,
2001
application,
Toyal
advised
Illinois
EPA
that
its
C-Unit
Process
consisted
of
18
emission
sources.
Response:
Admitted.
Fact
No.41
In
its
April
18,
2001
application,
Toyal
advised
Illinois
EPA
that
its
C-Unit
Process
was
subject
to
the
81%
VOM
control
requirements
of
35
Ill.Adm.
Code
218.986(a),
and
was
not
in
compliance
with
applicable
regulations.
Response:
Admitted.
Fact
No.
42
In
its
April
18,
2001
application,
Toyal
advised
Illinois
EPA
that
C-Unit
VOM
emissions
would
be
controlled
by
the
RTO
and
that
compliance
would
be
demonstrated
by
stack
testing.
Response:
Admitted.
Fact
No.43
In
its
April
18,
2001
application,
Toyal
advised
Illinois
EPA
its
D-Unit
Process
consisted
of
18
emission
sources.
Response:
Admitted.
Fact
No.44
In
its
April
18,
2001
application,
Toyal
advised
Illinois
EPA
that
its
D-Unit
process
was
subject
to
the
81%
VOM
control
requirements
of
35
Ill.
Adm.
Code
218.986(a),
and
was
not
in
compliance
with
applicable
regulations.
Response:
Admitted.
Fact
No.
45
In
its
April
18,
2001
application,
Toyal
advised
Illinois
EPA
that
ID-Unit
VOM
emissions
would
be
controlled
by
the
RTO
and
that
compliance
would
be
demonstrated
by
stack
testing.
Response:
Admitted.
C1-IO1/25257058.1
7
Fact
No.
46
In
its
April
18,
2001
application,
Toyal
advised
Illinois
EPA
that
its
Aluminum
Flake
Process
Unit
consisted
of
3
emission
units.
Response:
Admitted.
Fact
No.
47
In
its
April
18,
2001
application,
Toyal
advised
Illinois
EPA
that
its
Aluminum
Flake
Process
Unit
process
was
subject
to
the
81%
VOM
control
requirements
of
35
Ill.
Adm.
Code
2
18.986(a),
and
was
not
in
compliance
with
applicable
regulations.
Response:
Admitted.
Fact
No.48
In
its
April
18,
2001
application,
Toyal
advised
Illinois
EPA
that
Aluminum
Flake
Process
emissions
would
be
controlled
by
the
RTO
and
that
compliance
would
be
demonstrated
by
stack
testing.
Response:
Admitted.
Fact
No.
49
In
its
April
18,
2001
application,
Toyal
advised
Illinois
EPA
that
its
FX
Flake
Process
Unit
consisted
of
9
emission
sources.
Response:
Admitted.
Fact
No.
50
In
its
April
18,
2001
application,
Toyal
advised
Illinois
EPA
that
its
FX
Flake
Process
was
subject
to
the
81%
VOM
control
requirements
of
35
Ill.
Adm.
Code
218.986(a),
but
was
not
in
compliance
with
applicable
regulations.
Toyal
further
advised
that
FX
Flake
Process
VOM
emissions
would
be
controlled
by
the
RTO
and
that
compliance
would
be
demonstrated
by
stack
testing.
Response:
Admitted.
Fact
No.
51
In
its
April
18,
2001
application,
Toyal
advised
Illinois
EPA
that
its
Sigma
Mixer
Process
Unit
consisted
of
4
emission
sources.
Response:
Admitted.
Fact
No.
52
In
its
April
18,
2001
application,
Toyal
advised
Illinois
EPA
that
its
Sigma
Mixer
Process
was
subject
to
the
81%
VOM
control
requirements
of
35
Ill.
Adm.
Code
218.986(a),
but
was
not
in
compliance
with
applicable
regulations.
Response:
Admitted.
CHOJ
25257058.1
8
Fact
No.
53
In
its April 18,
2001
application,
Toyal
advised
Illinois
EPA
that
Sigma
Mixer
Process
VOM emissions would
be
controlled
by
the
RTO
and
that
compliance
would
be
demonstrated
by
stack
testing.
Response:
Admitted.
Fact
No.
54
Toyal
did
not
convert
the
RCO
to an
RTO
at any
time
after
submitting
the
April
19,
2001
Permit
Application.
Response:
Admitted.
Fact
No.
55
On
or
about
November
1,
2002,
Toyal
reported
to Illinois
EPA
that
of
58
VOM
emission
sources
at
its
facility,
26
had
been
connected
to
a
control
device,
19
had
not
yet
been
connected
to
control,
and
13
were
exempt
from
the
control
requirement.
Response:
Admitted.
Fact
No.
56
Following
submission
of
its
April
18,
2001
permit
application
for
the
RTO,
Toyal
began
a project
to
hook
all
regulated
emission
sources
to
the
RCO.
Response:
Admitted.
Fact
No.
57
Toyal
first
demonstrated
compliance
with
the
control
requirements
of
35
Ill.Adm.
Code
218.986(a)
on
April
30,
2003.
Response:
Admitted.
Respectfully
Submitted,
TOYAL
AMERICA,
INC.,
one
of
its
attorneys
Date:
November
12,
2008
Roy
M.
Harsch
Yesenia
Villasenor-Rodriguez
Drinker Biddle
&
Reath
LLP
191
North
Wacker
Drive,
Suite
3700
Chicago, Illinois
60606
(312) 569-1441
CHO1/
25257058.1
9
CERTIFICATE
OF
SERVICE
The
undersigned
certifies
that
a
copy
of
the
foregoing
Notice
of
Filing
and
Toyal’s
Response
to
Request
to
Admit
Facts
were
filed
by
hand
delivery
with
the
Hearing
Officer
and
served
upon
the
parties
to
whom
said
Notice
is
directed
by
first
class
mail,
postage
prepaid,
by
depositing
in
the
U.S.
Mail
at
191
North
Wacker
Drive,
Chicago,
Illinois
on
Wednesday,
November
12,
2008.
THIS FILING
IS
SUBMITTED
ON
RECYCLED
PAPER
CR01125261103.1
