BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ROHM AND HAAS COMPANY
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
PCB 05-464
FESOP Permit Appeal
ERIcs
cEivcD
OFFICE
JAN l 3 2008
!ATE
Ion
OF
Control
ILLINOISBoard
Respondent.
NOTICE OF FILING
Dennis Brown
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Carol Webb, Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
Please take notice that on January 23, 2008, the undersigned caused to be filed
with the Clerk of the Illinois Pollution Control Board, Petitioner's Voluntary
Withdrawal of Permit Appeal, copies of which are herewith served upon you.
Rohm and Haas Chemicals LLC
One of its Attorneys
A. Bruce White
Christopher W. Newcomb
Karaganis, White & Magel, Ltd.
414 North Orleans Street, Suite 810
Chicago, Illinois 60610
(312) 836-1177
By
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ROHM AND HAAS COMPANY,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
RECEIVED
CLERK'S OFFICE
JAN Z
3 2008
STATE
OF ILLINOIS
"ollution Control Board
PCB 05-164
FESOP Permit Appeal
VOLUNTARY WITHDRAWAL OF FESOP PERMIT APPEAL
NOW COMES Petitioner, Rohm and Haas Chemicals LLC (Rohm & Haas), by
and through its attorneys, Karaganis, White & Magel, Ltd., and hereby voluntarily
withdraws the above-captioned appeal of the FESOP Renewal issued to Rohm & Haas'
Kankakee facility on February 7, 2005. In support of this withdrawal, Rohm & Haas
states:
1.?
Rohm & Haas is the owner and operator of a polymer emulsion
manufacturing plant located at 1400 Harvard Drive, Kankakee, Illinois (the Plant).
Kankakee County is designated as an attainment area for all criteria air pollutants, and
the Plant is a minor source for all pollutants -- VOM, HAPs (both collectively and
individual), PM, NOx and CO. Historically, the Plant has consistently emitted well
below 25 tpy VOM or PM, well below 10 tpy for any individual HAP, and well below
25 tpy for all HAPs.
2.
?
The Plant's previous FESOP was issued by Illinois
EPA on January 10,
2000 and expired on January 10, 2005. On July 9, 2004, Rohm & Haas timely filed an
application for renewal of the Plant's
FESOP.
On February 7, 2005, the Illinois EPA
issued a FESOP
Renewal (App. No. 89060066) to the Plant.
3.
Rohm & Haas timely filed its Petition for Review of certain conditions
included in that FESOP
Renewal on the bases that the conditions added to the
FESOP
Renewal that were not present in the Plant's previous FESOP,
and were neither
authorized nor necessary to accomplish the purposes of the Act. Additionally,
applicable environmental laws would not be violated if the previous
FESOP permit was
renewed without revision. The Board accepted Rohm and Haas' Petition for Review on
March 17, 2005.
4.
Over the course of negotiations to resolve the permit appeal, Rohm and
Haas accepted several revisions to conditions outside the limited number of conditions
that were the subject of the appeal, and submitted specific draft language in response to
the Agency's overhaul of the facility's
FESOP.
5.
Additionally, on May 18, 2007, Rohm and Haas submitted a Letter
Application for Revision to effectuate specific agreed-upon revisions in the proposed
draft FESOP.
Concurrently, Rohm and Haas submitted an application for Construction
Permit to install two underground storage tanks. The decision deadline for the Agency
to issue a final decision on these applications was extended by agreement to January 14,
2007.
2
6.
On January 14, 2007, the Agency issued a Revised FESOP, which permit
resolves those specific issues that were the subject matter of Permit Appeal No. PCB 05-
164. The final Revised FESOP contains the Condition Lb that states the permit shall
become effective only upon the withdrawal of Permit Appeal PCB 2005-164. To
effectuate the effectiveness of the Revised FESOP issued January 14, 2007
7.
Nothing stated herein is intended to waive any right of Rohm and Haas
has to appeal conditions of the Revised FESOP issued by the Illinois EPA on January 14,
2007, and Rohm and Haas expressly reserves all its rights and remedies available to
appeal any objectionable condition therein.
WHEREFORE, to effectuate the effectiveness of the final Revised FESOP, Rohn
&
Haas hereby voluntarily withdraws its FESOP Permit Appeal No. PCB 05-164.
Respectfully submitted,
ROHM AND HAAS CHEMICALS LLC
One of its attorneys
AL--
Bruce White
Christopher Newcomb
Karaganis, White & Magel, Ltd.
414 N. Orleans Street, Suite 810
Chicago, Illinois 60610
(312) 836-1177
CNRHK25
3
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have caused the foregoing Voluntary
Withdrawal of Permit Appeal to be served by facsimile and U.S. Mail upon each person
listed below, on this 23rd day of January, 2008.
Dennis Brown
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Carol Webb, Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
Christopher W. Newcomb
Attorney for Petitioner, Rohm and Haas
Chemicals LLC