1. NOTICE OF FILING
      2. • CERTIFICATE OF SERVICE
)
)
)
)
)
)
)
)
)
)
)
NOTICE OF FILING
TO:
Ms. Dorothy M. Gunn
Clerk ofthe Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois
60601
(VIA FIRST CLASS MAIL)
Division ofLegal Counsel
Illinois Environmental Protection Agency
1021 North GrandAvenue East
Post Office Box 19276
Springfield, Illinois
62794-9276
(VIA FIRST CLASS MAIL)
(SEE PERSONS ON
ATTACHED SERVICE LIST)
PLEASE TAKE NOTICE that I have today filedwith the Office ofthe Clerk of
•the Illinois Pollution Control Board an original and nine copies each of SAINT-
GOBAIN CONTAINERS,
INC.’S
PETITION FOR
REVIEW;
MOTION TO STAY
EFFECTIVENESS OF CAAPP PERMIT; ENTRY OF APPEARANCE OF N.
LADONNA DifiVER;
and ENTRY
OF APPEARANCE OF DAVID M.
WALTER,
copies ofwhich are hereby served upon you.
Respectfully submitted,
Dated:
September 30, 2003
N. LaDonna Driver
David M. Walter
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois
62705-5776
(217) 523-4900
SAINT-GOBAIN CONTAINERS, INC.,
Petitioner,
By:
David M. Walter
•
RECEIVED
CLERK’S
OFFT(~E
OCT
0
32003
BEFORE THE ILLINOIS POLLUTION CONTROL BOA~9~TE
OF ILLINOIS
Pollution
Control Board
SAINT-GOBAIN CONTAINERS, INC.,
a Delaware corporation,
Petitioner,
v.
PCB NO.
(CAAPP Permit Appeal)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
THIS FILING SUBMITTED
ON RECYCLED PAPER
•
CERTIFICATE OF SERVICE
I, David M. Walter, the undersigned, certify that I have served the attached
SAINT-GOBA1N CONTAINERS, INC.’S PETITION FOR REVIEW; MOTION TO
STAY EFFECTIVENESS OF CAAPP PERMIT; ENTRY OF APPEARANCE OF N.
LADONNA DRIVER;
and ENTRY OF APPEARANCE OF
DAVID M. WALTER
upon:
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box
19276
Springfield, Illinois
62794-9276
Ms. Dorothy M. Gunn
Clerk ofthe Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois
60601
by depositing said documents in
the United States Mail, postage prepaid, in Springfield,
Illinois, on September 30, 2003.
David M. Walter
SGCO:OO1/Fil!NOF-COS
-
PFR
-
MTS
-
EOA
RECEIVE~-~’
•
CLERK’S OFF~
BEFORE THE ILLINOIS POLLUTION CONTROL BO1~i5
0
3
2003
•
STAF~
OF I~NQIS
SAJNTGOBAIN CONTAINERS, INC.,
)
pollution
Control Board
a Delaware corporation,
)
)
Petitioner,
)
v.
•
)
PCBNo.O~-~t
)
(CAAPP Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
•
)
PETITION FOR REVIEW
NOW COMES, Petitioner, SAINT-GOBAIN CONTAINERS, INC. (hereinafter
“Saint-Gobain”) by and through its attorneys, HODGE DWYER ZEMAN, pursuant to
Section 40.2 of the Illinois Environmental Protection Act
(415
ILCS
5/40.2)
(“Act”) and
35 Ill. Admin.
Code
§
105.Subpart C, and petitions the Board for review of the Clean Air
Act Permit Program
(“CAAPP”) permit granted to Saint-Gobain by the Illinois
Environmental Protection Agency (“Illinois EPA”) pursuant to
Section 39.5 ofthe Act on
August 26, 2003.
In support thereof, Saint-Gobain states as follows:
1.
Saint-Gobain owns and operates a glass container manufacturing facility
in Lincoln, Illinois (the “Facility”), which is classified as a “major source” for purposes
ofTitle V ofthe Clean Air Act and Section
39.5 of the Act.
2.
Pursuant to Section 504 ofthe Clean Air Act (42 U.S.C.
§
766 lb(c)) and
Section
39.5(5)
of the Act, Saint-Gobain submitted an application for a CAAPP permit
for the Facility to the Illinois EPA on September
1.1,
1995.
3.
On or about June
19, 2003, Illinois EPA sent to public notice a proposed
CAAPP permit for the Facility and also provided a copy of the proposed permit to the
United States Environmental Protection Agency.
4.
Upon information and belief
the Illinois EPA received no
comments on
the proposed CAAPP permit for the Facility, except for the comments ofSaint-Gobain.
In its public comment letter dated July
18, 2003,
Saint-Gobain described its concerns
with the cover page, as well as Section
1.0 and Conditions
5.2.7;
7.1.6; 7.1.12, 7.1.13 and
7.5.12 ofthe draft CAAPP permit.
5.
On August 26, 2003, the Illinois EPA issued the final CAAPP permit for
the facility.
Although some of Saint-Gobain’s concerns were addressed in the final
CAAPP permit, the majority of its concerns were not.
6.
Condition
5.2.7
ofthe CAAPP permit states that there is a pollutant-
specific emissions unit that is
subject to
40 CFR Part 64, Compliance Assurance
Monitoring (CAM).
In its public
comments, dated July
18, 2003,
Saint-Gobain explained
that it did not believe the facility had any sources that meet the requirements ofthe CAM
rule, and requested that the source referenced in Condition
5.2.7
be identified.
Nevertheless, despite this request, the Illinois EPA still has not identified the alleged
source.
7.
Condition 7.1.6
erroneously implies
that the hourly and annual limits as
stated were developed
on the basis of the maximum and annual production limitations
and the emission factors as listed in Condition 7.1.12.
As stated in the comments
on the
draft permit, the emission factors at Condition 7.1.12 were taken from one of many
2
emission tests subsequent to permitting and the emission test chosen was not
representative on normal operations.
Utilizing the emission factors at Condition 7.1.12
can cause an immediate violation of the limits of Condition 7.1.6.
8.
The CAAPP permit contains inconsistencies, in that the raw material
handling activities identified as insignificant activities
in Section 3.1.2 were inadvertently
still listed as significant emissions units in Section 4.0 ofthe final CAAPP permit.
9.
Condition 7.1.13’s statements concerning Prevention of Significant
Deterioration are at issue in the enforcement case, People v. Saint-Gobain Containers,
Inc~PCB No 03-22.
10.
For the above-referenced reasons, the CAAPP permit does not reflect the
current applicable requirements or the current operations at the Facility, and thus
is not
“consistent with the Clean Air Act and regulations
promulgated thereunder and this Act
and regulations promulgated thereunder.”
Such conditions are not required to
“accomplish the purposes and provisions ofthis Act and to assure compliance with all
applicable requirements.”
As such, Illinois EPA has exceeded its authority
and imposed
conditions
that violate Section
39.5 ofthe Act.
3
•
WHEREFORE, Saint-Gobain petitions the Board for a hearing on the Illinois
EPA’s final action on Saint-Gobain’s CAAPP permit application, with respect to the
permit Sections and Conditions referenced herein.
And, as set forth in the accompanying
Motion to
Stay Effectiveness of CAAPP Permit,
Saint-Gobain requests that the
effectiveness ofthe CAAPP permit be stayed until the Board’s final determination in this
matter.
Respectfully submitted,
SAINT-GOBAIN CONTAINERS, INC.
Petitioner,
By:_____________
•
One ofIts Attorneys
Dated:
September30, 2003
N. LaDoima Driver
~
~j~K
UI
l.~
vaviu
wi.
vv
aliel
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois
62705-5776
(217)523-4900
SGCO:OO1/Fil/Petition for Review
4
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARL~T
o
s
2003
SAINT-GOBAIN CONTAINERS, INC.,
)
STATE OF
ILUNOIS
a Delaware corporation,
)
POllUtiOfl
Control
B~rd
)
Petitioner,
)
v.
)
PCBNo.~±-~l
)
(CAAPP Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent..
.
)
MOTION TO
STAY
EFFECTIVENESS
OF
CAAPP
PERMIT
NOW COMES, Petitioner, SAINT-GOBAIN CONTAINERS, iNC.
(hereinafter
“Saint-Gobain”), by and through its attorneys, HODGE DWYER ZEMAN, and hereby
moves the Board to stay the effectiveness of Saint-Gobain’s Clean Air Act Permit
Program (“CAAPP”) permit in this matter, pursuant to 35 Ill. Adm. Code
105.3 04(b).
In support thereof, Saint-Gobain states as follows:
1.
On August 26, 2003, the Illinois Environmental Protection Agency
(“Illinois
EPA”) issued a final CAAPP permit (No. 95090132) for Saint-Gobain’s glass
container manufacturing facility in Lincoln, Illinois.
2.
Today, September 30, 2003, Saint-Gobain has filed a Petition for Review
in order to preserve its right to appeal in this matter;
3.
A stay ofeffectiveness of the CAAPP permit is neededto prevent
irreparable harm
to Saint-Gobain and to protect a certain and clearly ascertainable right
of Saint-Gobain, the rightto appeal permit conditions.
4.
The Illinois EPA, the public, and the environment will not be harmed if a
stay is granted.
.
• WHEREFORE, Saint-Gobain moves the Board to grant a stay ofeffectiveness of
Saint-Gobain’s
CAAPP permit until the Board’s final action in this matter.
Respectfully submitted,
SAINT-GOBAIN CONTAINERS, INC.
Petitioner,
By:___________
One ofIts Attorneys
Dated:
September 30, 2003
N. LaDonna Driver
David M. Walter
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois
62705-5776
(217) 523-4900
SGCO:OO1/Fil/Motion for Stay
2
RECEIVED
CLERK’S OFFi~
OCT 032003
BEFORE THE ILLINOIS POLLUTION CONTROL BO~Th
OF ILLINOIS
Pollution
Control Board
SAINT-GOBAIN CONTAINERS, INC.,
)
a Delaware corporation,
)
)
Petitioner,
)
v.
)
PCB
No.
___
)
(CAAPP Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
•
Respondent.
)
ENTRY OF APPEARANCE OF DAVID M. WALTER
NOW COMBS David M. Walter, of the law
firm
ofHODGE DWYBR ZEMAN,
and hereby enters
his appearance on behalfof Petitioner, SAINT-GOBAIN
CONTAINERS, INC., a Delaware corporation, in the above-referenced matter.
•
Respectfully submitted,
SAINT-GOBAIN CONTAINERS, INC.,
Petitioner,
By:
4~~-7~7
~4~z
David M. Walter
Dated:
September 30, 2003
N. LaDonna Driver
David M. Walter
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois
2705-5776
(217) 523-4900
SGCO:OOi/Fil/EOA CAAP-DMW
RECEIVED
CLERK’S
OFFTr’F
OCT 032003
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILLINOIS
SAINT-GOBA1N CONTAINERS, INC.,
)
Pollution
Control
Board
a Delaware corporation,
)
)
Petitioner,
)
v.
)
PCB No.
___
)
(CAAPP Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
ENTRY OF
APPEARANCE
OF N. LADONNA
DRIVER.
NOW COMES N. LaDonna Driver, of the law firm of HODGE DWYER
ZEMAN, and hereby enters her appearance on behalfof Petitioner, SAINT-GOBAIN
CONTAINERS, INC., a Delaware corporation, in the above-referenced matter.
Respectfully submitted,
SAINT-GOBAIN CONTAINERS, INC.,
Petitioner,
By:___
N. LaDonna Driver
Dated:
September 30, 2003
N. LaDonna Driver
HODGE DWYERZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois
62705-5776
(217) 523-4900
SGCO:OOifFil/EOA CAAP-NLD
OCT—03—2803
15:23
HODGE
DLJ’~ER
ZEMPN
217
523
4948
F.D2/~2
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
P.O.
~cx
I
9SOG,
‘r~NtnELp.
Iii.
~
Crw~p,v~,
DlI~EcroR
TITLE
V
-
CLEAN
AIR
ACT pE~M~r~o~AM
(CAAPP)
PERMIT
(IT
I-ic
. -
~2Oo~
Poiut,
COl?~~S
Board
PERMITTEE
Saint-~obainContain~r~,Inc.
Attr~:
~ri~.nEcuger,
Ceneral
Factory
Manager
1200 North
~ogan
Liiwoln~ fl.linois
62~5S
~p~iicaticn No.:
95090132
.D.
N3.
1O7O3SAAX
p.icant’s
Designation:
Date
Received
September
11,
1995
0perati~n
of:
Manutacturir~g
Facility
for
G1as~
Containers
Date
Issued:
August
2G,
2003
Expiration
Date~:
August
26.
2008
Source
I~ocatio~
1200
i~orth
Logan,
Lincoln,
L.ogan,
Illinois
S2~~
Res-~cxisib1e
Official:
arian Houqer.
Cereral
~acLory
Manager
This pcrmi~~.shereby ~ranced
to
the
ave-designated
Pe
i:te~
to
operate
a
facility that manufactures ~lao~ cc
a~n~s,
oi~ir~uan~
to
the
above
re~eren~ed
perrr~itapplitati~n.
This
perrmd.z
is
subject
t~
~he
conditions
z~tai~ed
herein.
If
you
have
any
questions
concerning
this
permit, please conteOt
Lee.~nneEinsella
at
217/7$2-2112.
~ona1~
E.
Sutton,
~
Ma~a~er,
Permit
Section
Divis~r~ of
Air
Pollution
Con~roi
DES:
cc:
.t~L1inois
EP1~,
FOS,
P.egiot’.
2
USEPA
Copy
OrigJnc~
S~c~r~c~
by
~
E. Sut~cr~,
RE.
This
permit
~v
~
terms an~ccn
~cn~
w~.i:~
~ddce~
the
pi;~11~y~a~d
~~mpl~a~tce
i~d~te~i~d
~.iicah1e, c~~
I c~th~ CM
an~re;
la:ier.~ proriu1g~ted
~hew~de~.
Ii~c1udin~
‘10
C$P~
~
-
L
P~o
ard
iS
~AC
P,rt
203
—
M~jee
a~ica~ry
Sou~~
Cct~~i,~r~
~d
Modifaca:ior~.,
~‘
such
~e~rns
and
ccrdjt~.:~
~?
~is
i~
Cord~.:icn
~.1
c~
i~
~er~t
•
w
217/7S2-2113
TITLE
.1
PERMIT
C~j~
-
DAp0
Rc2ui
k.
BLA~OJ0VIc~
Covi
LLN.)~
TOTRL
P.02

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