f Th A orneys
BEFORE THE ILLINOIS POLLUTION CONTOL BOARD
Noveon, Inc.
)
Petitioner,
)
RECEIVED
CLERK'S
OFFICE
JAN 3 9 2008
'(Mutton
STATE
OF
Control
ILLINOISBoard
v.
)
Illinois Environmental Protection Agency,
)
Respondent.
)
NOTICE OF FILING
To: See
Attached Service List
PCB 04-102
(Permit Appeal-Air)
PLEASE TAKE NOTICE
that on Wednesday, January 30, 2008, I have filed with the
Office of the Clerk of the Illinois Pollution Control Board the
Agrreed Motion to Change
Petitioner's Name
and
Agreed Motion to Voluntarily iss Certain
CI
ims,
a copy of
which is attached hereto and herewith served upon yait.
Dated: January 30, 2008
Roy M. Harsch, Esq.
Drinker Biddle Gardner Carton
191 N. Wacker Drive – Suite 3700
Chicago, IL 60606
Direct Dial: (312) 569-1441
Facsmile: (312) 569-3441
THIS FILING IS SUBMITTED ON RECYCLED PAPER
By:
BEFORE THE ILLINOIS POLLUTION CONTOL BOARD
Noveon, Inc.
)
Petitioner,
)
v.
)
PCB
04-102
(Permit Appeal-Air)
Illinois Environmental Protection Agency,
)
Respondent.
)
AGREED MOTION TO CHANGE PETITIONER'S NAME
Petitioner hereby submits this Motion to request that the Petitioner's name in this matter
be changed to Emerald Performance Materials, LLC. In support of this request, Petitioner states
as follows:
1.
The Clean Air Act Permit Program ("CAAPP") history of the Henry, Illinois plant
("Facility") began when BF Goodrich, who owned it as part of its Specialty Chemicals Division,
prepared and filed a CAAPP application in March 1996. Therefore, BF Goodrich was the
original CAAPP applicant. Subsequently, BF Goodrich sold this business unit, which consisted
of a number of manufacturing plants across the country, to Noveon, Inc. ("Noveon"). Noveon
was the owner of the Facility from 2001 until 2004. The Illinois Environmental Protection
Agency ("IEPA") issued the CAAPP permit to Noveon on November 24, 2003.
2.
Noveon filed this appeal with the Illinois Pollution Control Board ("PCB") on
December 24, 2003. Subsequently, Noveon in its entirety was sold to Lubrizol, Inc.,
("Lubrizol") who thereby, acquired the Facility. Therefore this sale of from Noveon to Lubrizol
occurred after this appeal was filed with the PCB.
-
1 –
THIS FILING IS SUBMITTED ON RECYCLED PAPER
RECEIVED
CLERK'S OFFICE
JAN 3 9 2008
STATE
OF ILLINOIS
Pollution
Control Board
Attorneys
Respectfully submitted,,
By:
Dated: January 30, 2008
3.
In May 2006, a new owner purchased certain manufacturing plants, including the
Facility, from Lubrizol.
4.
This new owner operates these new plants, including the Facility, under a
subsidiary named Emerald Performance Materials, LLC. All of the Facility's permits have been
transferred to Emerald Performance Materials, LLC.
5.
Emerald Performance Materials, LLC is the current owner of the Facility and
requests that Petitioner's name in this above-captioned matter be updated accordingly.
6.
Council for the IEPA has authorized the undersigned to state that the IEPA does
not object to this motion and will not file a response.
WHEREFORE, for the foregoing reasons, Petitioner respectfully moves the Board to
change Petitioner's name to Emerald Performance Materials, LLC and modify the above-caption
in this matter accordingly.
Roy M. Harsch, Esq.
Drinker Biddle Gardner Carton
191 North Wacker Drive - Suite 3700
Chicago, IL 60606
(312) 569-1441
CH01/ 12528161.1
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2 -
BEFORE THE ILLINOIS POLLUTION CONTOL
BOAMEC
CLERK'S
EIVED
OFFICE
JAN 3
0
2008
STATE
OF
ILLINOIS
i
ollunon
Control Board
v.
?
)
Illinois Environmental Protection Agency,
?
)
Respondent.
?
)
PCB 04-102
(Permit Appeal-Air)
AGREED MOTION TO VOLUNTARILY DISMISS CERTAIN CLAIMS
Petitioner, by and
through
its
attorneys,
Drinker
Biddle
Gardner Carton, hereby submits
this Motion to Voluntarily Dismiss Certain Claims from the above captioned appeal as set forth
its in its initial
Petition for CAAP Permit Appeal and Hearing and Request to Stay Certain
CAAPP Permit Conditions
("CAAPP Permit Appeal"). In support of this Motion, Petitioner
states as follows:
I. On December 24, 2003, Petitioner filed the CAAPP Permit Appeal in connection
with its Clean Air Act Permit ("CAAPP Permit") No. 96030152 for its facility in Henry, Illinois
("Facility").
2.
In Petitioner's CAAPP Permit Appeal, it raised six objections to its CAAPP
Permit.
3.
The first objection was whether the Facility can emit more than 8 lbs/hr of organic
material into the atmosphere from each emission sources vented to condensers or other control
devices capable of reducing by 85 percent or more the uncontrolled organic material that would
be otherwise emitted into the atmosphere ("Objection 1").
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1 --
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Noveon, Inc.
?
)
Petitioner,
?
)
4.
The second objection was whether the Facility's condensers or other control
devices capable of reducing by 85 percent or more of the uncontrolled organic material constitute
"air pollution control equipment" ("Objection 2").
5.
The third objection was whether the Facility's existing processes are designed to
remove sulfur compounds from the flue gases of petrochemical processes ("Objection 3").
6.
The fourth objection was whether the Facility remains exempt from 35
JAG §
214.301
because its existing processes are designed to remove sulfur compounds from the flue
gases of petrochemical processes ("Objection 4").
7.
The fifth objection was whether the Illinois Environmental Protection Agency
("IEPA") provided a reasonable time after issuance of CAAPP Permit for Petitioner to comply
("Objection 5").
8.
The sixth objection was whether the effective date of the CAAPP Permit should
have been postponed after issuance to allow the Facility a reasonable time to adequately review
the permit and implement the necessary compliance measures to ensure continuous compliance
("Objection 6").
9.
Since the filing of its appeal, Petitioner has resolved the issues in connection with
the Objections 1 and 2 above with respect to control of organic matter.
10.
Since the filing of its appeal, Objections 5 and 6 have become moot.
11.
Based on the above, Petitioner voluntarily requests to dismiss Objections 1, 2, 5,
and 6 from the Board's review of this appeal to which the counsel for the IEPA has authorized
the undersigned to state, that IEPA has no objection and will not file any response to this motion.
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THIS FILING IS SUBMITTED ON RECYCLED PAPER
ne of
's
Respect ly submitted,
Petitioner/
Dated: January 30, 2008
12. Additionally, Petitioner requests to dismiss its objections to the following permit
conditions: 7.2.3(c), 7.2.7, 7.3.8(b), 7.48(b), 7.5.2, 7.5.3(c), 7.5.8(b), 7.6.2, 7.6.3(c), 7.6.5(b) and
(c), 7.6.8(b), 7.6.9(f), 7.7.5(a), 7.7.8(b) as they relate to the control of organic material, time
period for compliance, and the effective date of same. The remaining issues all concern the
emissions of sulfur dioxide from Petitioner's facility.
WHEREFORE, for the foregoing reasons, Petitioner respectfully requests that the Board
grant this Motion to Voluntarily Dismiss Certain Claims as provided above.
Roy M. Harsch, Esq.
Drinker Biddle Gardner Carton
191 N. Wacker Drive - Suite 3700
Chicago, IL 60606
(312) 569-1441
C1-10/712528172.1
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THIS FILING IS SUBMITTED ON RECYCLED PAPER
John T. Therriault
Illinois Pollution Control Baord
James R. Thompson Center
100 W. Randolph Street
Suite 11-500
Chciago, IL 60601
Roy sch
CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing
Notice of Filing — Agreed Motion
to to Change Petitioner's Name and Agreed Motion to Voluntarily Dismiss Certain Claims
were mailed, first class, on Wednesday, January 30, 2008, to each of the persons on the attached
service list.
It is hereby certified that a true copy of the foregoing
Notice of Filing — Agreed Motion
to to Change Petitioner's Name and Agreed Motion to Voluntarily Dismiss Certain Claims
was hand delivered to the following on Wednesday, January 30, 2008:
Service List
PCB 2004-102
Bradley P. Halloran
Sally A. Carter
Hearing Offier
Illinois Environmental Protection Agency
Illinois Pollution Control Baord
1021 North Grand Avenue East
Jame R. Thompson Center
P.O. Box 19276
100 West Rnadolph Street
Springfield, IL 62794-9276
Suite 11-500
Chicago, IL 60601
Robb H. Layman
Bill Maupin
Illinois Environmental Protection Agency
1318 County Road
1021 North Grand Avenue East
1450 North
P.O. Box 19276
Henry, IL 61537
Springfield, IL 62794-9276
C1101/ 12528285.1