BEFORE TIlE ILLINOIS POLLUTION CONTROL BOM~CEAVED
SERVICE LIST
BEFORE THE ILLINOYS POLLUTiON CONTROL BOARD

BEFORE TIlE ILLINOIS POLLUTION CONTROL BOM~CEAVED

CLEPI’S

TTP~’r

1NTFJEMATTEROF:

)

JUL

32003

PETITION OF CROMWELL-PHOENIIX~,

INC.)

PCB

No.

AS 03-05

5iA1~

ILLINOIS

FOR AN ADJUSTED STANDARD

FROM

)

(Adjusted

Standard)

Pollution Control Board

Ill.

Adm.

Code Subpart F, Section 2 18.204(c)

)

(the “Paper Coating Rule”)

)

NOTICE

FILING

TO:

See Attached

Service List

PLEASE TAKE NOTICE that on July1,

2003, we filed with the Clerk ofthe Illinois

Pollution Control Board,

100 West Randolph Street, James R.

Thompson Center Suite

11-500,

Chicago, Illinois, 60601-3218, an original and nine (9) copies ofcounsel’s

MOTION FOR

EXPEDITED

REVIEW; a copy ofsaid Motion for Expedited Review is attached hereto and

hereby served upon you.

CROMWELL-PHOENIX,

INC.

By______

One ofIts Attorneys

Eric E. Boyd

Lorena S. Neal

SEYFARTH SHAW

East Monroe Street

Suite 4200

Chicago, Illinois 60603

(312) 346-8000

THIS FILING IS MADE ON RECYCLED PAPER

CH1

10538022.2

SERVICE LIST

Charles

E. Matoesian

Division ofLegal Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

Springfield, IL

62794-9276

Bradley P. Halloran

Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center

Suite 11-500

100 West Randolph

Chicago, IL

60601

David Bloomberg

Air Quality Planning Section

MC39

Illinois Environmental Protection Agency

1021

North Grand Avenue East

Springfield, IL

62794

CHI 10538055.1

THIS FILING IS MADE ON RECYCLED

PAPER

RECEil’~,~

BEFORE

THE ILLINOIS POLLUTION CONTROL BOARD

CL FP~’S

JUL

2003

IN THE MATTER OF:

)

ILLINOJS

)

Pollution

Control Board

PETITION OF

CROMWELL-PHOENIX, INC.)

TUE)

INO.

U.)-V.)

FOR AN ADJUSTED

STANDARD FROM 35

)

(Adjusted

Standard)

Ill.

Adm.

Code Subpart F, Section 2 18.204(c)

)

(the “Paper Coating Rule”)

)

MOTION FOR EXPEDITED

REVIEW

CROMWELL-PHOENIX, Inc.

(“Cromwell”), through its attorneys, and pursuant to 35

Ill. Adm.

Code

101.512, respectfully submits this Motion for Expedited Review (“Motion”) of

the Petition for Adjusted Standard (“Petition”) previously filed by Cromwell with the Illinois

Pollution Control Board (“Board”).

On May 29, 2003,

Cromwell filed a Petition seeking an adjusted standard from the

volatile organic material (“VOM”) paper-coating requirements of35 Ill.

Adm.

Code Section

2 18.204(c).

The adjusted’standard would

apply to the emissions ofVOM from Cromwell’s

corrosion inhibiting (“CI”) packaging materials production facility in Alsip, Cook County,

Illinois.

Cromwell manufactures the CI packaging materials by applying a CI

solution to a kraft

paper substrate so that the CI solution constituents will remain in and

become an integral part of

the final product.

As the Petition explains in more detail, the VOM components ofthe CI

solutions are not only

corrosion inhibiting themselves, they also “facilitate the gradual migration

ofother corrosion inhibiting solids present in the CI packaging products onto the customer’s

wrapped metal parts over a prolonged period of

time.”

Petition at page

10.

As such, most ofthe

VOM is retained in the final product and the amount ofVOM emitted from Cromwell’s Alsip

facility is less than major source levels (25 tons VOM per year).

CH1

10539716.2

This filing is

submitted

on recycledpaper.

Prior to filing the Petition, Cromwell discussed the Petition with representatives ofthe

IEPA.

In March 2002,

Cromwell filed a Clean Air Act Permit Program (“CAAPP”)

application

for a minor source operating permit with the IEPA.

In May 2002,

an IEPA representative visited

the Cromwell facility in Alsip, at Cromwell’s invitation, ,in order to observe Cromwell’s

operations first hand.

After that visit, IEPA representatives reviewed and provided comments on

drafts ofthe petition for adjusted standard.

The Agency’s recommendation in this

mattermust

be filed no later than July

14, 2003.

Cromwell has entered into business negotiations with another company (“Company”) that

has prompted a need to request that the Board expedite its review ofthe Petition.

On June 3,

2003, Cromwell signed a Letter ofIntent (“LOT”) with Company, in which the parties agreed to

merge their businesses into a new entity.

This merger would lead to additional

CT packaging

material business at the Alsip facility, as well as newjobs and increased revenues for the State of

Illinois.

The LOI requires the Alsip facility to obtain an air operating permit issued by the IEPA

by December 31,

2003.

This deadline is crucial to the success ofthe merger ofthe two

companies.

Before a permit can be issued, however,

Cromwell must first receive Board approval

for the Adjusted Standard proposed in its Petition.

Although the

CT packaging material business

at the Alsip

facilitywill increase as a result of the merger, the Adjusted Standard requested in the

Petition should not be affected.

The Alsip facility will still be a minor source ofVOM emissions

after the merger.

No material prejudice will result from the granting ofthis Motion.

Cromwell, however,

will be materially prejudiced if this Motion is denied, thus delaying or halting the merger

CH1

10539716.2

contemplated in the LOT.

The State ofIllinois could also be prejudiced because the merger will

result in additional Illinois jobs and revenues.

As required by 35 Ill. Adm.

Code

101.5 12,

the Motion is accompanied by an

Affirmation attesting that the facts cited herein are true.

The Affirmation is

signed by Whitman

Brisky,

outside counsel for Cromwell.

WHEREFORE, Cromwell-Phoenix,

Inc. respectfully requests that the Board grant its

Motion for Expedited Review (“Motion”) regarding the Petition forAdjusted Standard

(“Petition”) previously filed with the Board.

Respectfully submitted,

CROMWELL PHOENIX~,INC.

One ofIts Attorneys

EricE. Boyd

Lorena S. Neal

SEYFARTH

SHAW

55 East Monroe Street

Suite 4200

Chicago, Illinois

60603

(312)346-8000

Clii

10539716.2

BEFORE THE ILLINOYS POLLUTiON CONTROL BOARD

iN THE MATTER

OF:

)

PETITION OP CROMWELL-PHOENIX,

n~c.

PCB

No.

AS 03-05

FOR AN ADJUSTED STANDARD FROM 35)

(Adjusted Standard)

Ill. Adm. Code Subpart F, Section 218.204(c)

)

(the ‘Paper Coating Rule”)

)

AFFIRMATION

Whitman H. Brisky, under oath, herebystate and affirm that I am over the age of

eighteen years and that if called upon to testify have knowledgeofand would assert the

following:

I am counsel

for Cromwell-Phoenix, Inc., and am generally familiarwith the

operations ofthat organization and its CI packaging materials production facility in Alsip,

Illinois.

The facts cited in the foregoing Joint Motion for Expedited Review are true and

corrcct to the best ofmy information and be1ic~~

Attorney At Law

SUBSCRIBED TO

AND

SWORN BEFORE ME

THIS

DAY OF

Ju s../

2003

This

filing

is submitted on recycled paper.

Error! Unknown document property

,iome.

)~?IB13

a9101

1”C

“OFFICIAL

SEAL”

TRACY J.

ROBINSON

COMMISSION

EXPIRES

PROOF OF

SERVICE

I, the undersigned,

on oath or

affirmationj state that I have served on the date ofJuly

~3,

2003,

the attached Motion

for Expedited Review,

by U.S.

Mail upon the following persons:

Charles E.

Matoesian

Division ofLegal Counsel

Illinois Environmental Protection Agency

1021

North Grand Avenue East

Springfield,

62794-9276

Bradley P. Halloran

Hearing Officer

Illinois Pollution Control Board

James R.

Thompson Center

Suite 11-500

100 West Randolph

Chicago, IL

60601

SUBSCRIBED

TO AND

SWORN BEFORE ME

THIS

DAY OF JULY, 2003

NOTARY PUBLIC

David Bloomberg

Air Quality Planning Section

MC39

Illinois Environmental Protection Agency

1021

North Grand Avenue East

Springfield,

IlL

62794

TFHS FILING IS MADE ON RECYCLED PAPER

CH1

10538050.2