PROOF OF SERVICE

E CE

LID

CLERK’S

OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

SEP

022003

STATE

OF ILLINOIS

Pollutjo,,

Control Board

IN THE MATTER OF:

PETITION OF CROMWELL-PHOENIX, INC.

FOR AN ADJUSTED STANDARD FROM

ILL. ADM. CODE 2 18.204(c)

TO:

Dorothy Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph Street, Suite 11-500

Chicago, Illinois 60601

Eric Boyd

LorenaNeal

SeyfarthShaw

 B. Monroe Street, Suite4200

Chicago, Illinois

60603-5803

)

NOTICE

03-05

(Adjusted Standard

Air)

BradleyHalloran, Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

PLEASE TAKE NOTICE that Ihave today filed with the Office ofthe Pollution

Control Board the RESPONDENT’S POST-HEARING BRIEF ofthe Illinois Environmental

Protection Agency, a copy ofwhich is herewith served upon you.

Date:

August 29, 2003

1021 North Grand Avenue East

P.O.

Box 19276

Spring field, IL 62794-9276

217/782-5544

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:_________

Charles B.

Matoesian

Assistant Counsel

Division ofLegal Counsel

THIS FILING IS SUBMITTED ON

RECYCLED PAPER

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARDCLERKS

OFFICE

SEP

022003

IN THE MATTER OF:

)

STATE OF ILLINOIS

PETITION OF CROMWELL-PHOENIX,

iNC.

)

03-05

Control Board

FOR AN ADJUSTED STANDARD FROM

)

(Adjusted Standard-Air)

35 ILL. ADM. CODE 218.204(c)

)

RESPONDENT’S

POST-HEARING BRIEF

NOW COMES the Illinois Environmental Protection Agency (“Illinois EPA”) by

its attorney,

Charles E. Matoesian, and hereby submits its Post-Hearing Briefwith the

Illinois Pollution Control Board (“Board”) in this matter.

In support of this Post-Hearing

Brief, the Illinois EPA states as follows:

Cromwell-Phoenix,

Inc.

(“Cromwell”)

filed

its

Petition

for

Adjusted

Standard

(“Petition”)

May 29,

2003,

pursuant

section

28.1

of the

Illinois

Environmental

Protection Act

(“Act”), 415

ILCS

5/28.1,

and the regulations of the Board

under

Ill.

Adm.

Code

Subpart

Section

104.402.

The Petition requested that

the

Board

grant

Cromwell

adjusted

standard

from

the

volatile

organic

material

(“VOM”)

emission

limitation of 35

Ill.

Adm.

Code

Part 218,

Subpart F,

Section 218.204(c),

as it applies to

the

VOM

emissions

from

Cromwell’s

corrosion

inhibiting

(“CI”)

packaging

materials

production facility in Alsip, Cook County, Illinois.

June

19th,

2003,

the

Board

found

that

the

Cromwell

petition

met

the

requirements of 35 Ill. Adm.

Code Section

104.406 and accepted the matter for hearing.

1

On July 14th, 2003, the Illinois EPA filed its recommendation with the Board

recommending that the Board GRANT the Petition for Adjusted Standard with additional

conditions which have been agreed to by the Petitioner.

A hearing was held on this matter on August 8th,

2003.

No testimony was presented by

either party to the action.

However, certain questions were posed by Ms. Alisa Liu ofthe

Board’s technical staff.

The Hearing Officer, Mr. BradleyP. Halloran, determinedthat the

questions should be addressed by the parties in their post-hearing briefs.

Transcript p.

Lines 7-9.

The questions were primarily directed at clarifying points in the Petitioner’s Brief.

This

reply is concerned solely with the few questions addressed to the Illinois EPA and any concerns

the Illinois EPA has with the Petitioner’s post-hearing brief.

On page 6 ofthe Petitioner’s post-hearing brief, and then again on Page

3 of

Exhibit 2

(Mark Home’s affidavit), Cromwell makes an error in stating the amount of

emissions in the Chicago Nonattainment Area (NAA). While Cromwell did use the

correct numbers on a tons per day basis, they erred by assuming that multiplying those

numbers by 365

would provide the annual VOM emissions. In fact, the Periodic

Emissions

Inventory only provides

emissions for a typical weekday during the ozone

season. Many factors go into the calculation ofthis daily emission. For example, some

companies run more (or less) during the

summer; many companies do not run on

weekends; many ofthe area and mobile source factors depend on summer temperatures

and activity (for example, there would not be much lawn mowing in February). Thus, the

annual emissions are not 352,345.45 tons, as Cromwell calculated.

That said, Illinois EPA agrees with the company that the five or six annual tons of

VOM it emits

is a small contributor to the overall emissions in the Chicago NAA. The

total point source emissions on a summer weekday basis are, as Cromwell cited,

112.09

tons per day. Cromwell’s emissions, at six tons per

year,

are a very small percentage of

that total.

On page 21

ofthe transcript, Ms.

Liu asks if the Illinois EPA agrees with

Cromwell’s assertion that the relief granted in an adjusted standard would only apply to

the CI coating material application and not the printing done prior to the CI coating.

The

Illinois IPA

agrees with Cromwell that this adjusted standard covers only the paper

coating portion ofthe Board’s rules. All printing done by the source should continue to be

done in compliance with the existing rules for such printing.

The Illinois EPA would also

like to

note that the recommended condition limiting

the adjusted standard for Cromwell to equipment and emissions sources that are already

at the facility as ofJuly 14, 2003, has been agreed to by the facility, as was clarified in

their answer to Ms. Liu on page 24

ofthe transcript. The Agency continues to believe that

condition is necessary.

10.

Aside from the aforementioned matters, the Illinois EPA does not take issue with

the answers provided by the Petitioner in its Post-Hearing Brief.

WHEREFORE, for the reasons stated herein, the Illinois EPA recommends that

Cromwell’s Petition for an Adjusted

Standard be granted with conditions.

Respectfully Submitted,

ILLINOIS EVIRONMENTAL

PROTECTION AGENCY

BY~~

Charles E.

Matoesian

Assistant Counsel

Division ofLegal Counsel

DATED:

 August 29, 2003

1021 N. Grand Ave. East

P.O.Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

4

STATE OF ILLINOIS

COUNTY OF

SANGAMON

)

SS.

)

PROOF OF SERVICE

I, the undersigned, on oath state that I have served the attached Respondent’s Post-

Hearing Briefupon the person to whom it is directed, by placing it in an envelope addressed to:

TO:

Dorothy

Gunn,

 Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph Street, Suite

11-500

Chicago, illinois 60601

Eric Boyd

Lorena Neal

Seyfarth Shaw

 B. Monroe Street,

Suite 4200

Chicago, illinois 60603-5803

Bradley Halloran, Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street, Suite 11-500

Chicago, illinois 60661

and mailing it by First Class Mail from Springfield, Illinois on August 29, 2003, with sufficient

postage affixed.

SUBSCRIBED AND SWORN TO BEFORE ME

this

29th

day ofAugust, 2003

Notary Public

OFFICIAL

SEAL

BRENDA BOEHNER

NOTARY

PUBLIC,

STATE

ILLINOIS ~

:~MYCOMMISSION

EXPIRES

11.14-2005t