Io
JAN
‘
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
L
tOOg
STArE
Pollut
0
APOLLO
PLASTICS
CORPORATION
)
ard
)
Petitioner
)
)
v.
)
No.
PCB 09-36
)
ILLNOIS
ENVIRONMENTAL
)
(Permit
Appeal-Air)
PROTECTION
AGENCY,
)
)
)
Respondent.
)
NOTICE
OF FILING
To:
See
attached
service
list.
PLEASE
TAKE
NOTICE
that
on January
22, 2009,
we filed
with
the
Illinois
Pollution
Control
Board
an
original
and
nine
(9)
copies of
a
Restated
Petition
for Review,
pursuant
to 415
ILCS
5/40.2(a),
in
the
above-referenced
matter
on behalf
of Apollo
Plastics
Corporation,
a copy
of which
is hereby
served upon
you.
DATED:
January
22, 2009
Respectfully
submitted,
APOLLO
PJASTICS
CORPORATION
7.
Ni
9
//
BJ-,
/ll
Z’
Oof
IS’Attomeys
Harvey M..
Sheldon,
Esq.
Hinshaw
&
Culbertson
LLP
222 North
LaSalle
Street
Suite
300
Chicago,
IL
60601
(312)
704-3000
PRThffED
ON RECYCLED
PAPER
PER RULE
6403766v2
878725
65555
CLss
oD
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
AN
22
2
00g
L1ti
ContrfNOIS
APOLLO
PLASTICS
CORPORATION
)
)
Petitioner
)
)
V.
)
No.
PCB
09-3 6
)
ILLiNOIS
ENVIRONMENTAL
)
(Air-Permit
Appeal)
PROTECTION
AGENCY,
)
)
)
Respondent.
)
REVISED
PETITION
FOR REVIEW OF
THE
AGENCY’S
FAILURE
TO TIMELY
ACT
UPON
THE
APPLICATION
OF
PETITIONER
FOR A
FEDERALLY
ENFORCEABLE
STATE
OPERATING
PERMIT
NOW
COMES, Petitioner
Apollo
Plastics
Corporation
(“Apollo”),
by
and
through its
attorneys,
Harvey
M.
Sheldon
and
Hinshaw
&
Culbertson LLP, pursuant
to Section
40.2(a)
of
the
Illinois
Environmental
Protection
Act,
415 ILCS
5/40.2(a)
(the
“Act”)
and
Section
105.302(c)
of
the Illinois
Administrative Code,
35
Ill.
Adm.
Code
§
105.302(c),
and
petitions
the
Board for review
of the Illinois
Environmental
Protection
Agency’s (the
“Agency”) failure
to
timely
act on Apollo’s
Air
Operating
Permit application.
In support
hereof, Apollo
states
as
follows:
1.
This Revised
Petition is
a restatement of
Count I of
the
Petition
for
Hearing
originally
filed November 25,
2008. This
restatement
is pursuant
to the Order of the
Board
entered January
8,
2009, in
which
the Board
directed Petitioner
to file amended
petitions
by
February
9,
2009 presenting
each Count
of the original
Petition
as
a
separate petition.
2.
Pursuant to
Section
504
of the Clean
Air
Act, 42
USC
§
766
lb(c),
and Section
2
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39.5
of the
Act,
Apollo
submitted
an
application
for
an
initial
FESOP
on
a CAAPP
application
form
to
the
Agency
for
its
facility
located
in
Chicago,
Illinois
in
2006.
3.
On or
about
October
27,
2006
the
Agency
sent
a
notice
to
Apollo
informing
Apollo
that
its
CAAPP
application
was
complete
pursuant
to
Section
39.5
of the
Act.
(See
attached
CAAPP
Application
Completeness
Determination
and
Source
Fee
Determination,
which
is Exhibit
A hereto).
4.
Pursuant
to
415
ILCS
5/39.5(5)(j),
the
Agency
shall
act
on
initial
CAAPP
applications
within
two
(2)
years
after
the
date
of
a
completed
application.
The
two
(2)
year
time
period
for
Agency
action
begins
to
run
from
the
date
that
a
complete
application’
was
submitted.
5.
As
of
the
date
of
this
Petition,
two
years
have
passed,
however
the
Agency
has
failed
to
take
any
action
on
Apollo’s
initial
CAAPP
application
for
a FESOP.
5.
Apollo
can
demonstrate
that
based
upon
the
information
that
is
or
should
be
a part
of
the Agency’s
record, the
operations
for
which
the
FESOP
is
sought
will
not
cause
a
violation
of
the
Illinois
Environmental
Protection
Act
or
relevant
rules.
6.
Where,
as
here,
the
agency
fails
to
act
within
two
(2)
years,
its
failure
to
act.
is
treated
as
a
final
permit
action
for
purposes
of
judicial
review
pursuant
to
Sections
40.2
and
41
of
the
Act.
415
ILCS
5/39.5(5)(j).
Apollo,
therefore,
files
this
Petition
for Hearing,
pursuant
to
Section
40.2(a)
of the
Act
and
Section
105.304
of
the
Illinois
Administrative
Code,
35
Ill.
Adm.
Code
.
105304.
This
filing
is
within
thirty-five
(35)
days
of
the
expiration
of
the
two
year
period
provided
for
agency
action.
.
3
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WHEREFORE,
Apollo
petitions
the
Board
for
review
and
a hearing
on
the
Illinois
Environmental
Protection
Agency’s
failure
to
take
timely
action
on
Apollo’s
application
for
a
FESOP
under
the
CAAPP
Pemiit
program.
DATED:
January
22,
2009
Harvey
M. Sheldon
Hinshaw
&
Culbertson
LLP
222
North
LaSalle
Street
Suite
300
Chicago, IL
60601
(312)
704-3504
Fax:
312-704-3001
E-mail:
hsheldon@hinshawlaw.com
Respectfully
submitted,
APOLLO
PLASTICS
CORPORATION
4
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ON
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By:
6403766v2
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ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
102T
NORTH GRAND
AVENUE
EAST, P.O.
Box 19506, SPRINGfIELD,
ILLINOIS
62794-9506
(217)
782-2113
RoD R.
BLAGOJEVICH,
GOVERNOR
DOUGLAS
P. SCOTT,
DIRECTOR
217/785-5151
CAAPP APPLICATION
COMPLETENESS
DETERMINATION
AND
SOURCE
FEE
DETERMINATION
APPLICANT
Apollo Plastics
Corporation
Attn: Larry
Polleck
5333
North
Elston
Avenue
Chicago,
Illinois.
60630
Date
of
Determination:
October
27,
2006
Application/Permit
No.:
06090078
I.D.
Number:
03160.0FMK
Date
Received.:
September
29, 2006
Source
Name:
Location
of
Source:
5333
North
Elston
Avenue,
Chicago,
60630
Dear
Mr.
Polleck:
This
letter
provides
notification
that
your Clean
Air Act
Permit
Program
(CAAPP)
application
received
on
the
date
indicated
above,
has been
determined
by
the
Illinois
EPA
to
be
complete
pursuant
to
Section
39.5(5)
of the Illinois
Environmental
Protection
Act
(Act).
As
provided,
in
Section
39.5
(18)
of
the Act,
a CAAPP
source
shall
pay a fee.
Attached
is the
annual
fee bill
for
this
CAAPP
source
as
determined
from
information
included
in
your application,
on
Form
292-CAAPP
- FEE
DETERMINATION
FOR CAAPP
PERMIT.
Payment
of the
fee is
due
within
45
days
of the billing
date indicated
on
the
billing
statement.
Notwithstanding
the
completeness
determination,
the Illinois
EPA
may request
additional
information
necessary
to evaluate
or take
final
action
on the
CAAPP
application.
If such
additional
information
affects
your
allowable
emission
limits,
a
revised
Form
292-CAAPP--FEE
DETERMINATION
FOR AAPP
PERMIT
must
be submitted
with
the
requested
information.
The failure
to
submit
to
the Illinois
EPA
the
requested
information
within the
time frame
specified
by the
Illinois
EPA,
may force
the
Illinois
EPA
to deny
your
cAPP
application
pursuant
•to
Section
3.9.5
of the
Act.
If
yoi,
have any
questions
regarding
this
matter,
please
contact
the
Division
of Air
Pollution
Control
Permit
Section
at 21.7/782-2113.
Sincere
ly,
Donald
E. Sutton,
P.E.
Manager,
Permit
Section
Division
of Air
Pollution
Control
DES : YMC
:psj
Enclosure
(s)
cc:
EQS,
Region
1
Application
File
COmpliance
&
Systems
Management
Section
F’RINTED
ON RECYCLED
PAPER
CERTIFICATE
OF SERVICE
I, Kathryn
Messina,
hereby
certify
that
I
caused
copies
of the attached
NOTICE
OF
FlUNG,
and REVISED
PETITION
FOR
REVIEW
to
be
served
on:
SERVICE
LIST
Clerk
of the
Board
Attn:
Mr. John
Therriault
Illinois
Pollution
Control
Board
100 West
Randolph
Street
Suite
11-500
Chicago,
Illinois
60601
(Via
Hand
Delivery)
Christopher
Grant,
Esq.
Assistant
Attorney
General
Environmental
Protection
Division
69
West
Washington
Street,
l8
Fl.
Chicago,
IL
60602
Julie
Armitage,
Esq.
Division
of Legal
Counsel
Illinois
Environmental
Protection
Agency
1021
North Grand
Avenue
East.
P.O.
Box 19276
Springfield,
Illinois
62794
Maureen
Wozniak, Esq.
Division
of
Legal Counsel
Illinois
Environmental
Protection
Agency
1021
North Grand
Avenue
East
P.O.
Box 19276
Springfield,
Illinois 62794
by
United
States Mail,
first-class
postage
affixed
thereto,
at 222
N.
LaS
alle Street,
Chicago,
Illinois
60601,
first-class
postage
prepaid
on
JANUARY
22,
2008.
.
5
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