ORIGINAL
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD E C E I V E D
OF THE STATE OF ILLINOIS
CLERK'S OFFICE
THE PREMCOR REFINING
)
UC(
P
2 20 ,96
GROUP, INC .,
)
Pollution
STATE OF
Control
ILLINOIS
Board
Petitioner,
)
PCB No. 07-030
V.
)
(CAAPP Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
NOTICE
To : Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Carol Webb
Katherine D. Hodge and Monica T
. Rios
Hearing Officer
Hodge Dwyer Zeman
600 S . Second Street
3150 Roland Avenue
Suite 402
P.O. Box 5776
Springfield, Illinois 62704
Springfield, Illinois 62705-5776
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of
the Illinois Pollution Control Board one original and four duplicate copies of the
ADMINISTRATIVE RECORD and MOTION TO FILE ADMINISTRATIVE
RECORD INSTANTER of the Respondent, Illinois Environmental Protection Agency,
a copy of which is herewith served upon the assigned Hearing Officer and the attorneys
for the Petitioner
.
Res ectfully submitted by,
Robb H
. Laym
Assistant Counsel
Dated: December 6, 2006
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O
. Box 19276
Springfield, Illinois 62794-9276
(217) 524-9137
RECEIVEDCLERK'S
OFFICE
-C I)
BEFORE THE
ILLINOIS POLLUTION CONTROL Iii
STATE
Control
OF ILLINOIS
Board
OF THE
STATE OF ILLINOIS
THE PREMCOR REFINING
)
GROUP, INC.,
)
Petitioner,
)
PCB No. 07-030
v.
)
(CAAPP Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
ADMINISTRATIVE RECORD OF PERMIT APPLICATION
The Respondent, ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
("Illinois EPA"), by and through its attorneys and pursuant to the procedural
requirements of the Illinois Pollution Control Board ("Board") set forth at 35 Ill
. Adm.
Code 105
.302(f), files the Administrative Record of Permit Application ("Administrative
Record") in this cause .
1 .
This matter originates from a Clean Air Act Permit Program ("CAAPP")
permit, Permit No
. 96030082, that was granted by the Illinois EPA to THE PREMCOR
REFINING GROUP, INC
., (hereinafter, "Premcor") on September 19, 2006, for the
operation of a Marine Terminal located at 201 East Hawthorne in Hartford, Illinois
.
2.
On or about October 24, 2006, Petitioner's attorneys filed a Petition for
Review ("Petition") with the Board seeking an appeal of the Illinois EPA's CAAPP
permitting decision .
3 .
The Illinois EPA received service of the Petition on October 25, 2006
.
4.
On November 16, 2006, the Board accepted the case for hearing and,
consistent with the Board's procedural rules, directed the Illinois EPA to file its
Administrative Record.
5.
On November 27, 2006, the Illinois EPA's attorney in this matter
electronically filed his Appearance and a Motion to Dismiss the Petitioner's appeal with
the Board
. Copies of the filing were mailed to the Hearing Officer and the Petitioner's
attorneys on that same day
.
6.
On November 28, 2006, the Board's Hearing Officer convened an initial
status conference with the parties
. Among other things, the Illinois EPA's attorney
reported that the Administrative Record was being assembled, screened and copied for an
impending filing with the Board in a few days time
.
7
.
By the accompanying motion seeking filing instanter, the Illinois EPA
herewith files five copies (i .e.,
a signed original and four (4) duplicate copies) of the
Administrative Record in accordance with 35 Ill
. Adm. Code 101
.302(h)(2) . One copy of
this filing is being served on the Petitioner
. At the Hearing Officer's request, a copy of
this pleading, but not the attached documents that comprise the Administrative Record, is
being served on the Hearing Officer at this time
.
8.
This Administrative Record generally consists of non-privileged
documents and communications, as made known and available to the undersigned
attorney through other Illinois EPA personnel, that formed the basis for the permit
determination
. These documents include, among other things, the permit application,
correspondence received by or exchanged with Petitioner and, except for matters within
its institutional knowledge, those documents that were relied upon by the Illinois EPA's
Division of Air Pollution Control ("DAPC")/Permits Section in the issuance of the
subject CAAPP and Title I permit .
9.
It should be noted that at least one document that is ordinarily included in
the Illinois EPA's Administrative Record is currently missing from DAPC/Permits
Section archives and cannot be restored or duplicated at this time
. The subject document
is the initial draft CAAPP permit that was publicly noticed by the Illinois EPA in October
2003. A copy of the draft permit was placed on the United States Environmental
Protection Agency's Region V website at the time of public notice, however, it was a
common practice for initial draft CAAPP permits to be `cut and pasted' over by later
versions of the permit . DAPC/Permits Section employed a similar practice in making
later revisions to the original draft CAAPP permits . Petitioner should not suffer hardship
due to the absence of this document from the Administrative Record . However, to the
extent that the contents of the initial draft CAAPP operating permit may become material
to this proceeding, Petitioner is free to move the Board to supplement the Administrative
Record with any such copy of the draft permit that may be in the Petitioner's own
possession, provided that it is subject to a showing of authenticity .
10.
A general description and referenced page numbers of the Administrative
Record in this proceeding are as follows :
Document reference
Page
CAAPP Permit Application, dated September 2003,
1-348
for Premcor's Hartford Distribution Center
.
Electronic mail message, dated September 22, 2003,
349-377
from Fern Paterson, Trinity Consultants, to Sunil Suthar,
DAPC/Permits Section, together with attached updated
information to floating roof tank sections of the CAAPP
permit application.
Document reference
Page
Electronic mail correspondence, dated September 23, 2003,
378-380
between Fern Paterson, Trinity Consultants, and Sunil Suthar,
DAPC/Permits Section, regarding question concerning
loading operations
.
Electronic mail message, dated September 24, 2003,
381-424
from Fern Paterson, Trinity Consultants, to Sunil Suthar,
DAPC/Permits Section, together with attached updated
information to floating roof tank sections of the CAAPP
permit application
.
Electronic mail correspondence, dated October 1, 2003,
425-439
between Fern Paterson, Trinity Consultants, and Sunil Suthar,
DAPC/Permits Section, together with attached updated
information to wastewater section of the CAAPP
permit application
.
Electronic mail correspondence, dated October 7, 2003,
440-445
between Fern Paterson, Trinity Consultants, and Sunil Suthar,
DAPC/Permits Section, regarding fee determination
.
Cover letter, dated October 8, 2003, from Thomas F
. Mroz,
446-462
Premcor, to Donald E
. Sutton, DAPC/Permits Section,
and attached updated CAAPP forms to the CAAPP permit
application
.
Electronic mail message, dated October 8, 2003,
463-499
from Fern Paterson, Trinity Consultants, to Sunil Suthar,
DAPC/Permits Section, together with updated CAAPP forms
to the CAAPP permit application .
Electronic mail message, dated October 8, 2003,
500-502
from Fern Paterson, Trinity Consultants, to Sunil Suthar,
DAPC/Permits Section, together with attached updated
information regarding Executive Summary of the CAAPP
permit application.
Electronic mail message, dated November 7, 2003,
503-507
from Fern Paterson, Trinity Consultants, to Sunil Suthar,
DAPC/Permits Section, regarding Premcor's comments to
draft CAAPP permit, together with attached copy
of the same .
Electronic mail message, dated December 12, 2003, from Jim
519
Bensman, Piasa Palisades Group, to Jim Ross,
DAPC/Permits Section, regarding comments to the draft Premcor
CAAPP permit.
Electronic mail message, dated December 14, 2003, from
520-583
Kathy Andria, American Bottom Conservancy, to Brad Frost,
DAPC/Community Relations, together with attached news
articles regarding Premcor facility.
Electronic mail message, dated December 12, 2003, from
584-585
Kathy Andria, American Bottom Conservancy, to Jim Ross,
DAPC/Permits Section, concerning request to extend
the comment period for the draft Premcor CAAPP
operating permit.
Notice of Public Hearing and Comment Period for the
586
proposed issuance of CAAPP Permit .
Project Summary for the CAAPP Permit .
587-590
Final Draft/Proposed CAAPP permit, dated May 27, 2004
.
591-693
Transcript of the public hearing for the draft CAAPP
694-768
Permit, dated July 13, 2004 .
CAAPP Permit Application Supplement, dated July 2004,
769-941
for Premcor's Hartford Distribution Center .
Document reference
Page
Electronic mail correspondence, dated November 7, 2003,
508-509
between Fern Paterson, Trinity Consultants, and Sunil Suthar,
DAPC/Permits Section, regarding legal description of Hartford
facility location .
Electronic mail message, dated November 10, 2003, from
510-513
Kathy Andria, American Bottom Conservancy, to Dave Kolaz,
Bureau of Air, together with attached comment and request for
hearings and extensions regarding various draft CAAPP
permits.
Electronic mail message, dated December 11, 2003, from
514-518
Kathy Andria, American Bottom Conservancy, to Brad Frost,
DAPC/Community Relations, together with attached
comments on various draft CAAPP permits .
Document reference
Page
Letter, dated August 2, 2004, from Rebecca Malloy,
942-945
Premcor, to Sunil Suthar, DAPC/Permits Section, regarding
comments to the proposed CAAPP permit .
Electronic mail message, dated August 4, 2004,
946
from Fern Paterson, Trinity Consultants, to Sunil Suthar,
DAPC/Permits Section, regarding primary contact person for
comments on the proposed CAAPP permit
.
Electronic mail message, dated August 4, 2004,
947
from Tony Schroeder, Trinity Consultants, to Sunil Suthar,
DAPC/Permits Section, regarding scheduled conference call .
Electronic mail message, dated August 6, 2004,
948-951
from Tony Schroeder, Trinity Consultants, to Sunil Suthar,
DAPC/Permits Section, regarding matters discussed
during recent conference call, together with attached diagram .
Electronic mail message, dated August 17, 2004, from
952-955
Kathy Andria, American Bottom Conservancy, to Brad Frost,
DAPC/Community Relations, together with attached
comments on the proposed CAAPP permit
.
Electronic mail message, dated August 17, 2004,
956
from Sunil Suthar, DAPC/Permits Section, to Fern
Paterson, Trinity Consultants, forwarding comments received
on the proposed CAAPP permit during public comment
.
Electronic mail message, dated August 17, 2004, from
957-960
Kathy Andria, American Bottom Conservancy, to Brad Frost,
DAPC/Community Relations, together with corrected
comments on the proposed CAAPP permit
.
Letter, dated August 26, 2004, from Thomas Mroz,
961-967
Premcor, to Sunil Suthar, DAPC/Permits Section, regarding
response to comments submitted by American Bottom
Conservancy.
Facsimile cover page, dated September 1, 2004,
968-970
from Tony Schroeder, Trinity Consultants, to Sunil Suthar,
DAPC/Permits Section, together with attached copy of earlier
Completeness Determination and Source Fee Determination
.
Document reference
Page
Electronic mail message, dated November 29, 2005,
971
from Tony Schroeder, Trinity Consultants, to Sunil Suthar,
DAPC/Permits Section, regarding search for comments to the
proposed CAAPP permit
.
Electronic mail message, dated November 29, 2005,
972-978
from Jason Schnepp, DAPC/Permits Section, to Sunil Suthar,
DAPC/Permits Section, together with a copy of a proposed
construction permit .
Electronic mail message, dated January 31, 2006,
979-988
between Tony Schroeder, Trinity Consultants, and Sunil Suthar,
DAPC/Permits Section, together with a copy of a recent
construction permit
.
Electronic mail correspondence, dated March 17, 2006,
989-991
between Tony Schroeder, Trinity Consultants, and Sunil Suthar,
DAPC/Permits Section, regarding the status of various tanks.
Electronic mail correspondence, dated March 22, 2006,
992-993
between Tony Schroeder, Trinity Consultants, and Sunil Suthar,
DAPC/Permits Section, regarding the status of various tanks
.
Electronic mail correspondence, dated March 24, 2006,
994-995
between Tony Schroeder, Trinity Consultants, and Sunil Suthar,
DAPC/Permits Section, regarding permit status and new
emission units .
Letter, dated April 3, 2006, from John Tenison, Valero
996-997
Energy Corporation, to Sunil Suthar, DAPC/Permits Section,
regarding updated list of storage tanks
.
Electronic mail correspondence, dated May 12, 2006,
998-999
between Tony Schroeder, Trinity Consultants, and Sunil Suthar,
DAPC/Permits Section, regarding updated storage tank list
.
Project Summary for the Draft CAAPP permit
.
1000-1015
Proposed CAAPP Permit, dated August 2, 2006
.
1016-1119
Review notes, undated, prepared by Sunil Suthar,
1120-1121
DAPC/Permits Section.
Document reference
Date: December 6, 2006
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
(217) 524-9137
Page
Final CAAPP permit, issued September 19, 2006 .
1122-1225
Respectfully submitted by,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Robb H . Layman
Assistant Counsel
BEFORE THE ILLINOIS POLLUTION CONTROL
BOAR~E
'S
B
V E LZ
OF THE STATE OF ILLINOIS
LER
K'S OFFICE
THE PREMCOR REFINING
)
GROUP, INC.,
)
Pollution
STATE OF
Control
LLIN0ar,Boars
Petitioner,
)
PCB No
. 07-030
V .
)
(CAAPP Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
MOTION TO FILE
ADMINISTRATIVE RECORD INSTANTER
NOW COMES the Respondent, ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY ("Illinois EPA"), by and through its attorneys, and moves the ILLINOIS
POLLUTION CONTROL BOARD ("Board") to accept the filing of the Administrative
Record in this cause instanter
. In support of this motion, the Respondent states as
follows:
1 .
On or about October 24, 2006, attorneys for the Petitioner, THE
PREMCOR REFINING GROUP, INC
., ("Premcor") filed a Petition for Review
("Petition") with the Board seeking an appeal of the Illinois EPA's Clean Air Act Permit
Program ("CAAPP") permitting decision .
2.
The Illinois EPA received service of the Petition on October 25, 2006
.
3.
In accordance with the Board's procedural requirements set forth in 35 Ill .
Adm
. Code 105 .302(f), the Illinois EPA's Administrative Record of the CAAPP permit
application is to be filed with the Board within 30 days of service of a petition .
4.
Due to the press of other legal matters, as well as the inclement weather
experienced in the Springfield area late last week, the assigned Illinois EPA attorney was
unavoidably delayed in both assembling and copying the Administrative Record
.
5 .
Petitioner will suffer no hardship by the granting of this Motion
.
WHEREFORE, the Illinois EPA respectfully requests that the Board accept the
filing of the Administrative Record instanter or otherwise order such relief as may be
deemed appropriate .
Respectfully submitted by,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Robb H. Layman
Assistant Counsel
December 6, 2006
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217)524-9137
Vki
"E
CLE
R
,EIV1ED
eIvAL
~L, 11l~
o
~~
CERTIFICATE OF SERVICE
I hereby certify that on the 6th day of December 2006, I did send,
$91
STATE OF iLL44015
4*Rro1 goarct
Mail with postage thereon fully paid and deposited into the possession of the United
States Postal Service, the following instruments entitled
ADMINISTRATIVE
RECORD and MOTION TO FILE ADMINISTRATIVE RECORD INSTANTER
to:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
and a true and correct copy of the same foregoing instrument, by First Class Mail with
postage thereon fully paid and deposited into the possession of the United States Postal
Service, to
:
Carol Webb
Katherine D
. Hodge and Monica T
. Rios
Hearing Officer
Hodge Dwyer Zeman
600 S . Second Street
3150 Roland Avenue
Suite 402
P.O
. Box 5776
Springfield, Illinois 62704
Springfield, Illinois 62705-5776
Robb
'7~zolr
H
. Layman
0-~
Assistant Counsel
