~EC~VED~
CLERK’S OF~fr~
ILLINOIS POLLUTION CONTROL BOARD
NOV
2 4 2003
STATE OF
!LLfl~O15
Pollution Control Board
XCTC LIMITED PARTNERSHIP,
)
)
Petitioner,
)
)
v.
)
PCB01-46
)
(Permit Appeal
—
Air, Third Party)
ILLINOIS ENVIRONMENTAL
)
PROTECTIONAGENCY,
)
)
Respondent.
)
___________________________________________________________________________)
)
GEORGIA-PACIFIC TISSUE, L.L.C.
)
Petitioner,
)
)
y.
)
PCBO1-51
)
(Permit Appeal
—
Air, Consolidated)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
AMENDED PERMIT APPEAL FROM
TITLE V
-
CLEAN AIR ACT PERMIT PROGRAM (CAAPP) PERMIT
Application No. 95090118
I.D. No. O31003ADF
Date Issued: August 4, 2000
COMES NOW the Petitioner, Georgia-Pacific Tissue, L.L.C. (“G-P Tissue”), by
its attorneys Michael S. McCauley, Monica M. Tynan and Quarles & Brady LLP, and
appeals the decision of the Illinois Environmental Protection Agency (“IEPA”) to impose
certain terms and conditions in the above-captioned Title V Clean Air Act Permit.
1.
Chicago Tissue Company, formerlyknown as FSC Paper Company, built,
owned and operated the tissue mill which is the subject ofthe above-captioned Permit
from 1988 to November,
1995.
2.
Chicago Tissue Company sold the facility to Wisconsin Tissue Mills Inc.
on October 19,
1995.
3.
Following the sale, Chicago Tissue Company changed its name to XCTC,
Inc.
4.
On September 8,
1995,
Chicago Tissue Company submitted an application
for a Title V Permit.
5.
On October
5,
1999, Wisconsin Tissue transferred the facility to
Georgia-Pacific Tissue, L.L.C., which owned and operated the facility until March 3,
2001.
6.
On March 20, 2000, IEPA issued a draft permit and public notice and
invited comments thereon.
7.
On April 24, 2000, G-P Tissue submitted comments on the draft permit,
specifically reserving its rights to object to certain conditions purporting to find that “this
source is subject to
35
IAC Part 203.”
8.
No hearing has been held on the permit.
9.
On August 4, 2000, IEPA issued the subject Permit.
10.
The subject Permit contains Section
5.2.7,
which states:
5.2.7
New Source Review Regulations
a.
This source is subject to 35 IAC Part 203: Major Stationary
Source Construction and Modification, which states that:
i.
No person shall cause or allow the operation of a
new major stationary source or major modification
subject to the requirements of35 IAC 203, Subpart
C, except as in compliance with applicable LAER
provisions established pursuant to 35 JAC 203.301
for such source or modification 35 JAC 203.60 1;
and
ii.
No person shall cause or allow the operation of a
new major stationary source or major modification
where the owner or operator has demonstrated that
it would not interfere with reasonable further
progress by providing emission offsets pursuant to
35 IAC 203.302 without maintaining those
emissions offsets or other equivalent offsets 35
IAC 206.603.
b.
The fugitive emissions shall not be included in determining
whether this source is a major stationary source 35 IAC
203.206(e). For this purpose, fugitive VOM emissions
includes emissions as defined in 35 IAC 203.124, to the
extent that such emissions are determined according to the
applicable test methods in 35 IAC 218 or other methods
approved by the Illinois EPA and USEPA.
c.
Pursuant to Section
39.5(6)Q~)(iii)
and (iv) of the Act, a
compliance schedule for these requirements is established
in Condition 7.1.13(b).
11.
The Permit further contains Condition 7.1 .13 Compliance Schedule, which
states:
7.1.13 Compliance Schedule
a.
The following is for informational purposes only: The
Permitee was sent Violation Notice A-1999-001 13 by the
Illinois EPA and Notice of Violation EPA-5-98-IL-10 by
the USEPA for allegedly failing to comply with 35 IAC
Part 203 and 35 IAC Part 218, Subpart TT for the
wastepaper recycling plant. Notwithstanding Condition 8.1
ofthis permit, compliance with this permit does not shield
the Permitee from compliance with these requirements or
from any future measures or requirements established as a
result ofthe resolution of the alleged violation or any other
violation. In addition, compliance with this permit does not
serve as proof ofcompliance forthe emission units or
activities addressed in this pending enforcement action.
The Permitee shall, if needed, subsequently apply for
revision ofthis permit to address the resolution ofany such
outstanding issues (e.g., include a compliance schedule,
identify appropriate applicable requirements, establish new
requirements).
b.
The Permitee shall comply with the following schedule of
compliance to address compliance with the alleged
violations of35 JAC Part 203 (see also Condition
5.2.8)
for
the affected tissue paper mill:
Ylilestone
iming
Submit to the Illinois EPA an evaluation of
Received on January 20, 2000
i~owestAchievable Emission Rate (LAER) for
VOM emissions (See Condition
5.2.8)
~chieve full compliance with all requirements
~o later than any schedule established pursuant
esulting from resolution of enforcement issues
:o resolution ofthe pending enforcement action
‘egarding the alleged violation of35 IAC Part
Dertaining to the alleged violation of35 IAC
~03
E~art203
c.
The Permitee shall comply with the following schedule of
compliance to address compliance with 35 IAC 218.986
(see also Condition 7.1.5) for the affected tissue paper mill:
Vlilestone
fiming
Submit to the Illinois EPA an “alternative
control plan” (See Condition
7.1.5(b))
~4olater than 90 days from the date the Illinois
~PAissues a final determination of the LAER
evaluation
~chieve full compliance with all requirements
~esultingfrom resolution of enforcement issues
•egarding the alleged violation of35 IAC Part
218, Subpart TT
~o later than any schedule established pursuant
o resolution ofthe pending enforcement action
)ertairnng to the alleged violation of35 JAC
~art218, Subpart TT
d.
Submittal of Progress Reports
A Progress Report shall be submitted every six months,
beginning six months from the date ofissuance of this
permit. The Progress Report shall contain at least the
following:
i.
The required timeframe for achieving the
milestones in the schedules for compliance, and
actual dates when such milestones were achieved.
ii.
Any explanation ofwhy any required timeframe in
the schedule of compliance were not met, and any
preventive or corrective measures adopted.
12.
The Permit further contains Condition 7.1.3.c. which states:
“The affected tissue paper mill is subject to 35 JAC 218, Subpart G: Use
ofOrganic Material, which specifies that no person shall cause or allow
the discharge ofmore than 3.6 kg/hr (8 lbs/hr) oforganic material into the
atmosphere from any emission unit, except as provided in 35 IAC
218.302, 218.303, 218.304 and the following exception: Ifno odor
nuisance exists the limitation of35 IAC 218, Subpart G shall apply only to
photochemically reactive material
35
IAC 218.301.”
13.
Said terms and conditions are arbitrary, capricious, and contrary to law.
The facility is not subject to the requirements of35 JAC Part 203, Major Stationary
Source Construction and Modification because the point source emissions from the
facility did not exceed the applicable threshold levels for either the construction of a new
source or a major modification to an existing major source. In addition, the facility is in
compliance with 35 IAC Part 218, Subpart TT and 35 IAC Part 218, Subpart G, or, in the
alternative, 35 JAC Part 218, Subpart TT and 35 IAC Part 218, Subpart G, do not apply
to the facility.
WHEREFORE, G-P Tissue requests a hearing on this Permit Appeal and an
Order reversing and remanding the matter to the Agency for reissuance ofthe Permit,
with a determination that the provisions ofParts 203 and 218 are not applicable to this
facility andlor a determination that the facility is in compliance with the provisions of
Parts 203 and 218.
Dated this
/~A
day ofNovember, 2003.
Respectfully submitted,
Co-Counsel:
Monica M. Tynan, Esq.
Quarles & Brady LLC
Citicorp Center
500 West Madison Street
Suite 3700
Chicago, IL 60661-2411
(312) 715-5000
QBMKE\5496809, I
TISSUE, L.L.C.
Michael S. McCauley
One ofIts Attorneys
QUARLES & BRADY LLP
411 E. Wisconsin Avenue
Milwaukee, WI 53202-4497
Telephone: (414) 277-5000
CERTIFICATE OF SERVICE
I hereby certify that true copies ofthe foregoing Amended Petition were mailed, first
class, to each of the following on November 19, 2003.
Mr. James T. Harrington
Ross & Hardies
150 N. Michigan Avenue
Suite 2500
Chicago, IL 60601-7597
Mr. Bradley Halloran
Hearing Officer
Illinois Protection Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph Street
Chicago, Illinois 60601
Mr. Robb Layman
Illinois Environmental Protection Agency
Division ofLegal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Ms. Dorothy M. Gunn
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph Street, Ste. 11-500
Chicago, Illinois 60601
Michael S. McCauley
Quarles & Brady LLP
411 B. Wisconsin Avenue
Milwaukee, WI 53202-4497
414/277-5525
QBMKE\5499028,I