ILLINOIS POLLUTION CONTROL BOARD
August 7, 2003
IN THE MATTER OF:
PETITION OF CROMWELL-PHOENIX,
INC. FOR AN ADJUSTED STANDARD
FROM 35 ILL. ADM. CODE 218.204(C)
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AS 03-05
(Adjusted Standard - Air)
ORDER OF THE BOARD (by N.J. Melas):
Today’s order grants two motions filed by Cromwell-Phoenix, Inc. (Cromwell): a
motion for expedited review and a motion for an expedited transcript of the August 7, 2003
hearing scheduled in this matter.
On May 29, 2003, petitioner Cromwell-Phoenix, Inc. (Cromwell) filed this petition for an
adjusted standard from 35 Ill. Adm. Code 218.204(c), also known as the paper coating rule, as
that Board regulation pertains to volatile organic material (VOM) emissions from Cromwell’s
corrosion inhibiting (CI) packaging materials production facility in Alsip, Cook County. On
July 16, 2003, the Illinois Environmental Protection Agency (Agency) filed its recommendation
that the Board grant Cromwell’s petition for an adjusted standard from the paper coating rule.
Hearing is scheduled to begin today.
MOTION FOR EXPEDITED REVIEW
On July 3, 2003, Cromwell filed a motion for an expedited review. Cromwell requests an
expedited decision by the Board in this matter because Cromwell has agreed to merge its
business with another company, creating a new entity. The merger would increase the
production of corrosion inhibiting packaging material at the Alsip facility.
Cromwell contends that during negotiations, Cromwell signed a letter of intent requiring
the Alsip facility to obtain an air-operating permit issued by the Illinois Environmental
Protection Agency (Agency) by December 31, 2003. Cromwell argues that before the Agency
can issue an air-operating permit, the Board must first approve the adjusted standard that
Cromwell proposed in this petition. Cromwell contends that despite the increase in production
because of the merger, the Alsip facility will remain a minor source of VOM emissions after the
merger. Thus, Cromwell argues the merger should not affect the adjusted standard Cromwell
requested.
Cromwell argues that granting this motion will cause no party prejudice, but that
Cromwell would be prejudiced should the Board deny the motion for expedited review.
Cromwell further argues that the State of Illinois could be prejudiced if the Board denies this
motion because the merger would lead to additional jobs and revenue in Illinois.
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MOTION FOR EXPEDITED
TRANSCRIPT
On July 25, 2003, Cromwell filed a motion for expedited transcript. Cromwell seeks to
expedite the transcript from the hearing in this matter scheduled for August 7, 2003, for the same
reasons as explained in Cromwell’s motion for expedited review. Cromwell agrees to pay the
costs for an expedited transcript.
CONCLUSION
The Board grants Cromwell’s motion for expedited review, consistent with Board
resources. The Board also grants Cromwell’s motion for expedited transcripts. The Board will
ask for expedited transcripts of the August 7, 2003 hearing and will allow Cromwell to pay for
the costs of expediting the transcripts. The Board will expeditiously reach a decision following
its receipt of the transcript and any briefs filed by the parties.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on August 7, 2003, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
