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BEFORE THE ILLINOIS POLLUTION
(1SEP
ERK’S
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ZOOl
CONTROL BOARD
pollutionSTATE
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ControlILLINOISBoard
Bridgestone/Firestone
)
Off-Road Tire Company,
)
PCB t4~
-
3/
)
(Permit Appeal
-
Air)
Petitioner,
)
)
v.
)
)
Illinois Environmental
)
Protection Agency,
)
)
Respondent.
)
NOTICE OF FILING
PLEASE TAKE NOTICE that I have today filed with the office of
the Clerk ofthe
Pollution Control Board the Petition for Administrative Review and Stay of Effectiveness of
Bridgestone/Firestone Off-Road Tire Company and the Notice ofAppearance of Charles T.
Wehiand and Eacata Gregory, copies of which are hereby served upon you.
Date: September 7, 2001
~
_______
Charles T. Wehland
JONES, DAY, REAVIS & POGUE
77 West Wacker
Chicago, Illinois 60601
(312) 782-3939
CH-1 I8O856v~
RECEIVED
BEFORE THE ILLINOIS POLLUTION
CLERV’c
SEP 1
nrr~r’F
2001
CONTROL BOARD
0
STATE OF ILLINOIS
Pollution Control
Board
Bridgestone/Firestone
)
Off-Road Tire Company,
)
PCB ct’
-
5
/
)
(Permit Appeal
-
Air)
Petitioner,
)
)
v.
)
)
Illinois Environmental
)
Protection Agency,
)
)
Respondent.
)
NOTICE OF APPEARANCE
Charles T. Wehland and Eacata Gregory, of JONES, DAY, REAVIS & POGUE, hereby
enter an appearance in this proceeding on behalfof Bridgestone/Firestone Off-Road Tire
Company.
Charles T. Wehland
One of the Attorneys for
Bridgestone/Firestone
Off-Road Tire Company
JONES, DAY, REAVIS & POGUE
77 West Wacker
Chicago, Illinois 60601
(312) 782-3939
September 7, 2001
CH-l 180856v1
RECE~IVL~D
CLERKS OPFICE
BEFORE THE ILLINOIS POLLUTION
SEP
1.
0 2001
CONTROL BOARD
STATE OF ILLINOIS
Pollution
Control
Board
Bridgestone/Firestone
)
Off-Road Tire Company,
)
PCB 4?-
Y/
)
(Permit Appeal
-
Air)
Petitioner,
)
)
v.
)
)
Illinois Environmental
)
Protection Agency,
)
)
Respondent.
)
PETITION FOR ADMINISTRATIVE REVIEW
AND STAY OF EFFECTIVENESS
Pursuant to 415 ILCS 5/40.2 and 35 Illinois Administrative Code 105.300,
Bridgestone/Firestone Off-Road Tire Company (“BFS”) hereby files this petition for
administrative review and request for stay of effectiveness for the Title V Permit 95120125
issued August 6, 2001. BFS is an off-road rubber tire manufacturer located at Veterans Parkway
and Fort Jesse Road, Bloomington, Illinois, and is the applicant of the above-referenced permit.
In the interest of obtaining a factual and legal permit, BFS submits this petition and stay request
to address the unreasonable grouping requirements imposed on the facility’s tire assembly
machines (“TAMs”).
The Bloomington facility contains 36 TAMs, which are used to prepare green tires for
further curing and finishing operations. Permit Condition 7.3.6 Emission Limitations separates
the TAMs into separate groups, each with different emission limits. This is in spite of the fact
that the Illinois Environmental Protection Agency (“IEPA”) had previously stated that it would
CU-I 180470v2
impose a single group emission limit for all of the TAMs. IEPA made this statement in issuing
the construction permit for the newest TAMs at the facility. Moreover, the IEPA had rolled the
emissions for all tire assembly operations and cement/solvent usage into a single operating
permit with a single group emission limit prior to the issuance of the most recent construction
permits.
BFS does not believe that separate group limits are necessary. Contrary to the Agency’s
assertion, there were no limitations placed on the 15 designated TAMs at construction pursuant
to the PSD program to avoid its applicability. Instead, the net emissions increase from the
modification of the TAMs was found to be insignificant. In fact, none ofthe contemporaneous
VOM emission changes due to new and retired TAMs at the facility have, to date, been
significant so as to qualify as a major modification.
All ofthe TAMs perform the same function and are subject to the same regulatory
requirements. A single group emission limit is not only legally appropriate and consistent with
EPA guidance, but also reflects and supports the reality of plant operations. Because the
separate grouping requirement is based on the Agency’s erroneous assumption, the IEPA acted
arbitrarily in imposing this condition. BFS, therefore, requests that Section 7.3.6 be rewritten to
provide an appropriate emission limit for all ofthe TAMs as a single group.
BFS also requests that this challenged condition be stayed pending resolution. The
petition shows that BFS is likely to succeed on the merits. BFS would be harmed if it has to
begin to implement requirements that are not legally supportable. Moreover, the challenged
condition would necessitate redundant and unnecessary record keeping at each group of TAMs
of production and cement usage
--
record keeping that would be highly prone to oversight,
human error, and unnecessary expense. In contrast, the IEPA and the public would not be
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harmed in any way if a stay is granted because the applicable overall emission limits will not be
affected.
For the reasons stated above, BFS requests that this Petition for Review be granted and
the contested condition be stayed pending resolution.
Respectfully submitted,
Charles
C7~
T. Wehland
a
Li
Eacata Gregory
Jones, Day, Reavis & Pogue
77 W. Wacker Drive
Chicago, IL 60601
(312) 782-3939 (phone)
(312) 782-8585 (fax)
-3-
CU-Il 80470v2
CERTIFICATE OF SERVICE
Charles T. Wehland, an attorney, hereby certifies that he served a copy ofthe attached
Petition for Administrative Review and Stay of Effectiveness of Bridgestone/Firestone Off-Road
Tire Company and the Notice of Appearance by Charles T. Wehland and Eacata Gregory upon
the person(s) listed below via U.S. mail on September 7, 2001.
Division ofLegal Counsel
Illinois Environmental Protection Agency
1021 N. Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Charles
~
T. Wehland
/~
JONES, DAY, REAVIS & POGUE
77 West Wacker
Chicago, Illinois 60601
(312) 782-3939
CU-1180856v1