BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
TOYAL AMERICA, Inc. formerly
known as ALCAN-TOYAL AMERICA,
a
foreign corporation,
Respondent.
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PCB No. 00-211
(Enforcement-Air)
NOTICE OF ELECTRONIC FILING
PLEASE TAKE NOTICE that on the 15th day of October, 2008,
the Complainant filed its Request to Admit Facts to Respondent
Toyal America, Inc., a true and correct copy of which is
attached and herewith served upon you.
PEOPLE OF THE STATE OF
ILLINOIS,
by
LISA MADIGAN
Attorney Gener 1 of
St e of Illi ois
By:
ristopher Grant
Assistant Attorney General
69 W. Washington Street, #1800
Chicago Illinois, 60602
(312)814-5388
Attorney No. 99000
Electronic Filing - Received, Clerk's Office, October 15, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF
THE STATE OF ILLINOIS,
Complainant,
v.
TOYAL AMERICA, Inc. formerly
known as ALCAN-TOYAL
AMERICA, INC.,
a foreign corporation,
Respondent.
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PCB No. 00-211
(Enforcement)
COMPLAINANT'S REQUEST TO ADMIT
FACTS
TO RESPONDENT TOYAL AMERICA, INC.
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
by
LISA MADIGAN, Attorney
General
of the State of Illinois, pursuant to Illinois Supreme Court Rule 216 and 35 Ill. Adm.
Code
10 1.618(d), hereby serves the following Request to Admit Facts upon Respondent,
TOYAL
AMERICA, INC., to be answered in writing, under oath, within twenty-eight (28) days
of service. For all requested admissions which Respondent denies or which Respondent can
neither admit nor deny, pursuant to Supreme Court Rule 216(c) Respondent is required to
provide Complainant with a sworn statement denying specifically the matters
of which
admission is requested, or setting forth in detail the reasons why Respondent cannot truthfully
admit or deny those matters.
If written objections to a part of the request are made, the
remainder
of the request shall be answered within the period designated. If good faith requires
that Toyal deny only a part, or requires qualification,
of a matter of which an admission is
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Electronic Filing - Received, Clerk's Office, October 15, 2008
required, Toyal shall specify so much of it as is true and deny only the remainder. As required
by 35 Ill. Adm. Code 101.618(c), Complainant advises Respondent as follows:
" failure to respond to the following requests to admit within 28 days may have
severe consequences. Failure to respond to the following requests will result in
all the facts requested being deemed admitted as true for this proceeding.
If you
have any questions about this procedure, you should contact the hearing officer
assigned to this proceeding or an attorney".
DEFINITIONS
I. "Toyal" shall mean Respondent Toyal America, Inc., f/k/a Alcan-Toyal, and shall
refer to and include any
of ToyaI's employees, agents, representatives, successors or assigns, or
any other person acting or believed by Toyal to have acted on their behalf.
2. "Illinois EPA" and/or "IEPA" means the Illinois Environmental Protection Agency.
3. "Act" means the Illinois Environmental Protection Act, 415 ILCS 5/1
et seq.
4. "YOM" means volatile organic material, as defined and used in the Complaint and
applicable Pollution Control Board regulations.
5. When used in relation to a date, "on or about" means within a reasonable time of the
date noted in the Request to Admit.
6. All terms not specifically defined herein shall have their logical ordinary meaning,
unless such terms are defined in the Illinois Environmental Protection Act or the regulations
promulgated thereunder,
in which case the appropriate or regulatory definitions shall. On
September 18,2008, Respondent was provided with copies of documents, including
correspondence between Respondent and Illinois EPA, permit applications submitted by
Respondent to Illinois EPA, and other documents contained in Illinois EPA files and produced
by counsel for Respondent in response to Complainant's discovery requests. Most of the
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Electronic Filing - Received, Clerk's Office, October 15, 2008
information contained in the following Request toAdmit Facts is derived from these documents,
and other records in the possession and control
of Respondent.
REQUEST TO ADMIT FACTS
Fact No.1
Toyal America, Inc. (hereinafter "Toyal") is a Delaware corporation, duly authorized to transact
business in the State
of Illinois.
Response:
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:
Fact No.3
Nippon Light Metals Group consists of 115 subsidiaries and 51 affiliates.
Response:
Fact No.4
Nippon Light Metals Ltd. reported 2007 sales of $5,236,408,000.00
Response:
Fact
No.5
Toyal owns and operates an aluminum processing facility located at 17401 South Broadway,
Lockport, Will County, Illinois.
Response:
Fact No.6
On or about February 6, 1992, Illinois EPA requested information from Toyal regarding
maximum theoretical YOM emissions to determine compliance with 35 Ill. Adm. Code
218.985(a) and Subpart TT.
Response:
Fact
No.7
On or about May 29, 1992, Toyal reported to Illinois EPA that their maximum theoretical YOM
emissions were 82 tons per year.
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Response:
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
YOM emissions to be 41.5 tons per year.
Response:
Fact
No.9
On or about May 29, 1992, Toyal reported to Illinois EPA that their actual YOM emissions to
the air were 28.07 tons in 1990 and 33.61 tons in 1991.
Response:
Fact No. 10
Using the definition of "maximum theoretical emissions" contained in 35111. 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
ton~
per year.
Response:
Fact No.
11
Using the definition of "potential to emit" contained in 35 Ill. Adm. Code 211.4970, from at
least March
15,2005 through at least April 30, 2003, Toyal'semission sources had the potential
to emit
in excess of 25 tons per year of volatile organic material.
Response:
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:
Fact No. 13
Toyal was subject to the control requirements of 35 111. Adm. Code 218.986(a), subpart TT, as
of March 15, 1995.
Response:
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Fact No. 14
Toyal submitted its application for a Clean Air Act Permit Program ("CAAPP") permit on or
about March
5, 1996.
Response:
Fact No.
15
Toyal's CAAPP Permit application advised Illinois EPA that Toyal was subject to but not in
compliance with 35 Ill. Adm. Code 218.986(a).
Response:
Fact No.
16
In its CAAPP Permit application, Toyal stated that total YOM emissions exceeded 25 tons per
year and that it was not in compliance with 35 Ill. Adm. Code 218.986(a).
Response:
Fact No.
17
In its CAAPP Permit application, Toyal advised Illinois EPA that control equipment would be
installed in the future.
Response:
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:
Fact No.
19
In its CAAPP Permit application, Toyal reported YOM emissions of 80.6411 Tons per year for
purpose
of CAAPP Permit Fee determination.
Response:
Fact No. 20
Toyal sought internal company approval for a project to investigate emission control technology
to come into compliance with YOM limits on or about February 25, 1997
Response:
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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:
Fact No. 22
On or about June 2, 1998, Illinois EPA received Toyal's construction permit application for
YOM control equipment.
Response:
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:
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:
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:
Fact No. 26
On February 19, 2002, Toyal wrote Illinois EPA requesting an extension of the date of
demonstrating compliance with YOM capture and control efficiency to below 25 tons YOM per
year until November
29,2002.
Response:
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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
RCa to an RTO.
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Response:
Fact No. 28
On or about August 19, 2002, Toyal wrote Illinois EPA requesting an additional extension of the
date for demonstrating compliance with YOM capture and control efficiency.
Response:
Fact No. 29
Toyal reported 1999 YOM emissions to Illinois EPA to be 36.1 tons.
Response:
Fact No. 30
Toyal reported 2000 V0 M emissions to Illinois EPA to be 47.4 tons.
Response:
Fact No.
31
On or about April 18, 2001, Toyal submitted a construction permit application to Illinois EPA.
Response:
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 YOM control device.
Response:
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:
Fact No. 34
In its April 18, 2001 application, Toyal advised Illinois EPA that its A-Unit Process consisted of
13 emission sources.
Response:
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Fact No. 35
In
its April 18, 2001 application, Toyal advised Illinois EPA that its A-Unit process was subject
to the 81 % YOM control requirements of 35
Ill.
Adm. Code 218.986(a), and was not in
compliance with applicable regulations.
Response:
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:
Fact No. 37
In
its April 18, 2001 application, Toyal advised Illinois EPA that its B-Unit Process consisted of
18 emission sources.
Response:
Fact No. 38
In
its April 18, 2001 application, Toyal advised Illinois EPA that its B-Unit process was subject
to the 81 % YOM control requirements of 35
Ill.
Adm. Code 218.986(a), and was not in
compliance with applicable regulations.
Response:
Fact No.39
In
its April 18, 2001 application, Toyal advised Illinois EPA that B-Unit YOM emissions would
be controlled by the RTO and that compliance would be demonstrated by stack testing.
Response:
Fact No. 40
In
its April 18, 2001 application, Toyal advised Illinois EPA that its C-Unit Process consisted of
18 emission sources.
Response:
Fact No.41
In
its April 18, 2001 application, Toyal advised Illinois EPA that its C-Unit Process was subject
to the 81% YOM control requirements of35
Ill.
Adm. Code 218.986(a), and was not in
compliance with applicable regulations.
Response:
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Fact No. 42
In its April 18, 2001 application, Toyal advised Illinois EPA that C-Unit YOM emissions would
be controlled by the RTO and that compliance would be demonstrated by stack testing.
Response:
Fact No.4 3
In its April 18, 2001 application, Toyal advised Illinois EPA its D-Unit Process consisted of 18
emISSIOn sources.
Response:
Fact No.44
In its April 18, 2001 application, Toyal advised Illinois EPA that its D-Unit process was subject
to the 81% YOM control requirements
of35 Ill. Adm. Code 218.986(a), and was not in
compliance with applicable regulations.
Response:
Fact No.
4S
In its April 18, 2001 application, Toyal advised Illinois EPA that D-Unit YOM emissions would
be controlled by the RTO and that compliance would be demonstrated by stack testing.
Response:
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:
\
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 % YOM control requirements of 35 Ill. Adm. Code
218.986(a), and was not in compliance with applicable regulations.
Response:
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:
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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:
Fact
No. 50
In its April 18, 2001 application, Toyal advised Illinois EPA that its FX Flake Process was
subject to the 81% YOM control requirements
of35 Ill. Adm. Code 218-.986(a), but was not in
compliance with applicable regulations. Toyal further advised that FX Flake Process YOM
emissions would be controlled by the RTO and that compliance would be demonstrated by stack
testing.
Response:
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:
Fact No.
52
In its April 18, 2001 application, Toyal advised Illinois EPA that its Sigma Mixer Process was
subject to the
81 % YOM control requirements of 35 Ill. Adm. Code 218.986(a), but was not in
compliance with applicable regulations.
Response:
Fact No. 53
In its April 18, 2001 application, Toyal advised Illinois EPA that Sigma Mixer Process YOM
emissions would be controlled by the RTO and that compliance would be demonstrated by stack
testing.
Response:
Fact No.
54
Toyal did not convert the RCa to an RTO at any time after submitting the April 19,2001 Permit
Application.
Response:
Fact No.55
On or about November 1, 2002, Toyal reported to Illinois EPA that of 58 YOM 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.
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Response:
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:
Fact No.57
Toyal first demonstrated compliance with the control requirements of 35 Ill. Adm. Code
218.986(a) on April 30, 2003.
Response:
RESPECTFULLY SUBMITTED:
C stopher Grant,
Assistant Attorney General
Environmental Bureau
69
W. Washington Street, #1800
Chicago, Illinois 60602
(312) 814-5388
Dated: October 15, 2008
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CERTIFICATE
OF
SERVICE
I, CHRISTOPHER GRANT,
an
attorney, do certify that I caused
to
be served this 15th day of October, 2008, the foregoing
Request
to
Admit Facts
to
Respondent Toyal America, Inc. upon the
person listed below by placing same in
an
envelope bearing
sufficient postage with the United States Postal Service located
at
100 W. Randolph, Chicago, Illinois.
CHRISTOPHER GRANT
Mr. Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
100 W. Randolph
Chicago, Illinois 60601 (By Hand Delivery)
Mr. Roy M. Harsch
Drinker Biddle Gardner Carton LLP
191 N. Wacker Drive, Suite 3700
Chicago, Illinois 60606-1698 (By Certified Mail)
Electronic Filing - Received, Clerk's Office, October 15, 2008
