BEFORE THE ILLiNOIS
POLLUTION CONTROL BOARD
Respondent.
)
)
)
PCB614~
)
(CAAPP Permit Appeal)
)
)
)
)
P011
(SEE PERSONS ON
ATTACHED
LIST)
PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk of the
Illinois Pollution Control Board an original and nine copies
each ofan ENTRY
OF
APPEARANCE
OF
KATHERINE D.
HODGE; ENTRY
OF APPEARANCE OF
CASSANDRA L. KA1UMI; PETITION FOR REVIEW; MOTION TO
STAY
EFFECTIVENESS OF CAAPP PERMIT;
and
AFFIDAVIT OF MARY KAYE
SMERDON,
copies of which are herewith served upon you.
Respectfully submitted,
Dated:
October
14, 2003
Katherine D. Hodge
Cassandra L.
Karimi
HODGE DWYER ZEMAN
3150
Roland Avenue
Post Office Box
5776
Springfield, Illinois
62705-5776
(217) 523-4900
CHAMPION LABORATORIES, INC.,
Petitioner,
~
~
By:
One of Its Attorney
CHAMPION LABORATORIES, iNC.,
Petitioner,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
NOTICE OF FILING
O~).
TO:
Ms. Dorothy M. Gunn
Division of Legal Counsel
Clerk ofthe Board
Illinois Environmental Protection Agency
Illinois Pollution Control Board
1021
North Grand Avenue East
100 West Randolph Street
Post Office Box
19276
Suite 11-500
Springfield, Illinois
62794-9276
Chicago, Illinois
60601
(VIA CERTIFIED
MAIL!
RETURN RECEIPT REQUESTED)
(VIA FIRST CLASS MAIL)
TIllS
FILING
IS SUBMITTED ON RECYCLED
PAPER
CERTIFICATE OF SERVICE
I,
Katherine D.
Hodge, the undersigned, hereby certify that I have served copies
ofthe attached ENTRY
OF APPEARANCE OF KATHERINE D.
HODGE; ENTRY
OF
APPEARANCE
OF
CASSANDRA L. KARIMI;
PETITION FOR
REVIEW; MOTION
TO
STAY EFFECTIVENESS
OF CAAPP PERMIT;
and AFFIDAVIT OF MARY
KAYE
SMERDON, upon:
Ms.
Dorothy M. Gunn
Clerk ofthe Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois
60601
Division ofLegal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield,
Illinois
62794-9276
by depositing said documents in the United StatesMail in
Springfield, Illinois on
October
14,
2003.
.
Katherine D. Hodge
CHLA:OO1IF1IINOF
—
Petition for Review
BEFORE THE ILLiNOIS
POLLUTION CONTROL BOARD
CHAMPION LABORATORIES, iNC.,
)
)
Petitioner,
)
PCB~-~
)
(CAAPP Permit Appeal)
~
ILLiNOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Ii,~\~-i9
~)
-
Respondent.
)
0//~
OP.p.
ENTRY OF APPEARANCE OF.
KATHERJJ~4ED.
HODGE
~
11-0/
NOW COMES Katherine D. Hodge, ofthe law firm ofHODGE DWYER
ZEMAN,
and hereby enters her appearance on behalfofPetitioner, CHAMPION
LABORATORIES,
INC.
Respectfully submitted,
CHAMPION LABORATORIES, INC.,
Petitioner,
By:________
Katherine D. Hodge
Date:
October 14, 2003
Katherine D. Hodge
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield,
Illinois
62705-5776
(217) 523-4900
CULA:OO1/Fil/EOA
-
KDH
BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
CHAMPION LABORATORIES, INC.,
)
)
Petitioner,
)
v.
)
PC~21-
~
)
(CAAPP Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
ENTRY OF APPEARANCE OF CASSANDRA L.
KARIMI
NOW COMES
Cassandra L.
Karimi, ofthe law firm ofHODGE DWYER
ZEMAN,
and
hereby enters her appearance on behalfofPetitioner, CHAMPION
LABORATORIES, INC.
Respectfully submitted,
CHAMPION LABORATORIES, INC.,
Petitioner,
I
By:_________
Cassandra L. Karimi
Date:
October 14,
2003
Cassandra L.
Karimi
HODGE
DWYER ZEMAN’
3150 Roland Avenue
Post Office Box 5776
Springfield,
Illinois
62705-5776
(217) 523-4900
CILA:OO1IFiIJEOA
-
CLK
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
CHAMPION LABORATORIES, INC.,
)
)
Petitioner,
)
v.
)
PCB6~-~5
)
(CAAPP Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
PETITION FOR
REVIEW
NOW COMES, Petitioner,
CHAMPION LABORATORIES,
INC. (hereinafter
“Champion Labs” or “Petitioner”), by and through its
attorneys, HODGE DWYER
ZEMAN, pursuant to
Section 40.2 ofthe Illinois Environmental Protection Act (415
ILCS
5/40.2) (“Act”) and 35 Iii.
Admin. Code
§
105.Subpart C, and petitions the Illinois
Pollution
Control Board (“Board”) for review ofthe Clean Air Act Permit Program
(“CAAPP”) permit granted ‘to Champion Labs by the Illinois Environmental Protection
Agency (“Illinois EPA”) pursuant to
Section 39.5 of the Act.
In support thereof, Champion Labs states as follows:
i.
Champion Labs owns and
operates a manufacturing plant of oil filters for
automobiles in West
Salem, Illinois (the “Facility”), which is classified as a “major
source” for purposes of Title V ofthe Clean Air Act and
Section
39.5 ofthe Act.
2.
Pursuant to
Section 504 ofthe Clean Air Act (42 U.S.C.
§
766 lb(c))
and
Section
39.5(5)
ofthe Act,
Champion Labs submitted an
application for a CAAPP permit
for the Facility to the Illinois EPA on February 12,
1996.
3.
Subsequently, Champion Labs was in communication with the Illinois
EPA on several occasions regarding the need to update its
pending CAAPP application
because of changes at the Facility.
Champion Labs understood that it would be notified
ofthe Illinois EPA’s review ofits
application and
would have the opportunity to update
its application at this time.
4.
Despite these communications, the Illinois EPA did
not notify Champion
Labs that it was reviewing the pending CAAPP
application.
On or about
April
10, 2002,
the Illinois EPA made available for public comment the final draft/proposed CAAPP
permit for the Facility and upon information and belief also
provided a copy ofthe
proposed permit to the United States Environmental Protection Agency (“USEPA”).
5.
On May 10, 2002,
Champion Labs submitted
public comments to the
Illinois EPA explaining the situation and requesting the Illinois EPA to refrain from
issuing the CAAPP permit until Champion Labs could submit a supplement to the initial
CAAPP
application.
(A copy ofthese public comments
is attached as Exhibit A.)
6.
Thereafter, on May 30, 2002,
Champion Labs
submitted a supplement to
its CAAPP application to the Illinois EPA.
7.
On June 24, 2002, on information and belief, the Illinois EPA granted a
final CAAPP permit for the Facility.
The Illinois EPA failed to address Champion Labs’
concerns regarding the final CAAPP
permit raised during the public comment period and
in its
supplemental application filed immediately thereafter.
8.
The Illinois EPA failed to provide notification to Champion Labs
regarding the issuance ofthe final CAAPP permit for the Facility pursuant to
35 Iii.
Admin.
Code
§
252.401.
9.
Champion Labs did not become aware of the issuance ofthis permit until
September 2003.
In early September, Charles B.
Gjersvik,
the Senior Project Manager
2
for Secor International, Inc.
and Champion Labs’
consultant in this matter, spoke to Jack
Yates,
a permit analyst for the Illinois EPA, regarding the status ofa permit for
Champion Labs’
Albion, Illinois facility.
Mr.
Yates mentioned to Mr. Gjersvik that the
Illinois EPA already had
issued a final CAAPP permit for the Facility on June 24, 2002.
Mr. Gjersvik communicated this to Champion’Labs.
Subsequently, Champion Lab,s
contacted the Illinois EPA to verify the issuance ofthe CAAPP permit for the Facility
and requested that the Illinois EPA issue a copy to Champion Labs.
10.
On or about September
9,
2003, the Illinois EPA issued a copy ofthe final
CAAPP permit forthe Facility to Champion Labs.
(A file-stamped copy ofthe June 24,
2002,
permit is attached as Exhibit B.)
Champion Labs received the CAAPP permit on
September
10,
2003, and then appealed this CAAPP permit within 35
days ofissuance of
the copy ofthe CAAPP permit.
11.
The Illinois EPA must notify an
applicant of a final permit decision.
35
Ill.
Admin.
Code
§
252.40
1
(2003).
Where, as here, the administrative agency doesn’t
specify a method for notice, either personal delivery or U.S.
mail will suffice.
735
IILCS
5/3-103 (2) (2003).
Once properly stamped, addressed,
and deposited in the mail, it is
presumed that the applicant received notice and a rebuttable presumption arises.
Winkfield v.
American Continental Insurance Company,
110 Iii.
App.
2d
156 (1~
Dist.
1969), A-i Security Services, Inc.,
v.
Stackler,
61111.
App. 3d
285
(1st
Dist.
1978),
Orrway Motor Service, Inc.,
v.
Illinois Commerce
Commission,
40 Ill.
App.
3d 869 (1~
Dist.
1976).
The applicant may then rebut the presumption
by denying that he/she
received such notice and
the issue ofwhether notice was valid becomes an issue for the
trier offact. j~ Champion Labs did not receive notice until receipt ofthe permit
on
3
September
10,
2003.
Thus, the Illinois EPA did not provide Champion Labs with notice
pursuant to 35
Ill. Admin.
Code
§
252.401
ofthe final permit decision at issuance,
therefore
entitling Champion Labs to review of this final permit action.
12.
The Illinois EPA erred in failing to consider Champion Labs’
supplement
changing the emissions calculations and administrative controls, recordkeeping, and
reporting changes at the Facility,
and issued the CAAPP permit without altering these
conditions.
The Illinois EPA’s determinations in these conditions are neither supported
in the record before the Illinois EPA in this matter nor by applicable law and regulation.
13.
In light ofthese
errors, the CA.APP permit does not reflect the
appropriate
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, the Illinois EPA has exceeded its
authority and
imposed conditions that violate Section
39.5
ofthe Act.
WHEREFORE, CHAMPION LABORATORIES,
INC. petitions the Illinois
Pollution Control Board for a hearing on the Illinois Environmental Protection Agency’s
action to issue this CAAPP permit with the above-referenced erroneous conditions.
And,
as set
forth in the accompanying Motion to Stay Effectiveness of CAAPP Permit,
4
CHAMPION LABORATORIES,
INC. requests that the effectiveness of the CAAPP
permit be stayed until the Illinois Pollution Control Board’s final determination in this
matter.
Respectfully submitted,
CHAMPION LABORATORIES, INC.,
Petitioner,
By:___
e of Its Attorneys
Dated:
October
14, 2003
Katherine D. Hodge
‘.
Cassandra L. Karimi
HOD GE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield,
Illinois
62705-5776
(217) 523-4900
CHLA:OO1/FillPetition for Review
5
—
.~
I
___
HODG~D’WYR
~LMAN
KATHERINE D.
HODGE
E-mail:
khodge@hdzlaw.com
May
10,
2002
VIA HAND DELIVERY
Mr. Brad Frost
Division ofAir Pollution Control
Illinois Environmental Protection Agency
POBox
19506
Springfield,’ Illinois 62794-9506
‘~
0 ‘lJ.~u’~.
RE:
Champion Laboratories,
Inc.
Final Draft/Proposed CAAPP Permit for
West
Salem, Illinois Facility
Facility ID:
047020AAA
OurFileNo.
-
CHLA:001
Dear Brad:
This letter is in response to the issuance ofa final draft/proposed Clean Air Act Permit
Program (“CAAPP”) permit for the West Salem
Champion Laboratories,
Inc.
(“Champion
Labs”) facility, which was made available for public comment on April
10,
2002.
As you
may
be
aware, Champion Labs filed its initial
CAAPP permit
application forthe West Salem facility
on February
12,
1996.
The facility, subsequently received a Violation Notice (“VN”) on October
9,
1998,
and was involved in
settlement negotiations with the
Illinois Environmental Protection
Agency
(“Agency”)
in this enforcement matter.
As
a
result, the facility implemented several
new emission calculation methodologies after filing its initial
application.
Specifically,
Champion Labs proposed a Compliance Commitment Agreement (“CCA”)
to the Agency on December
10,
1998,
in whch
it proposed to uti,lize a new compliance
method,
i.e., the alternative coating limitations of3S
IlL
Admin.
Code
§
215.207.
In addition,
Champion
agreed to
implement improved administrative controls and updated recordkeeping and reporting
to ensure that it accepted,only coatings that comply with the VOM limitation of3.5
lb/gal.
of
volatile organic material
(“VOM”) set forth at 35
Ill.
Admin.
Code
§
215.204(j)(3).
Finally,
Champion agreed to submit the annual emission report (“AER”) form required under
35111.
Admin.
Code Part 254,
Subpart B for larger sources,
and to revise its AERs for
1996 and
1997 to~
reflect the new emission calculation methods and
submit these to the Agency.
The Agency
accepted this Compliance Commitment Agreement on April
2,
1999.
3~5O ROLAND
AVENUE
POST OFFICE
BOX
5776
SPRINGFIELD,
ILLINOIS
62705-5776
TELEPHONE
217-523-4900
FACSIMILE
217-523-4948
Mr.
Brad Frost
May 10, 2002
Page 2
It is our understanding that the Agency has indicated its, desire to review only one
update
of a pending CAAPP application,
and that it is the Agency’s practice to notify an applicant
before reviewing a pending CAAPP application to allow the applicant to provide any necessary
update.
Despite Champion Labs’ communications with the Agency regarding the need to update
the pending CAAPP application, and in particular with the pr.evious permit writer, Champion
Labs was
not notified that the Agency was reviewing its pending CAAPP
application.
If
Champion Labs had been so notified,
it would
have infOrmed the Agency,
again, that it had been
previously asked
by the Agency not to
submit
an update until the Agency provided this
notification, and that
it
would finalize its
supplement.
Thus, Champion Labs asks that the Agency refrain from issuing
this permit until
Champion Labs has the opportunity to
submit this
supplement to its initial
CAAIPP
application.
Champion Labs expects to submit this supplement along with more specific comments by June
1,
2002.
We have greatly
appreciated the Agency’s cooperation in these matters,
and believe
that this additional information will resolve the matter to everyone’s satisfaction.
Please feel free to call me with any questions or comments.
Sincerely,
Katherine D. Hodge
KDH: CLK:pit
pc:
Ms. Mary Kaye
Smerdon
(via U.S.
Mail)
Mr
Ch~r1c~Q
P
(~i,’~rQvilc
(v~ TI
.~
IA’c,l\
7~K~-
~
T
T7..1.~
I.~..
TT
C’
~,(~1\
IVII.
.LJc~ViU
J.
i~.OI~L ~V1~
0.0.
iV1~t1i)
Donald
B.
Sutton, P.E.
(via U.S.
Mail)
Mr.
James R. Ross (via U.S.
Mail)
Mr.
Jack Yates
(via U.S. Mail)
CHLA:OOl/CorrfFrost
Ltr
—
Public
Comments
iLLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
P.O.
Box
19506,
SPRINGFIELD,
ILLINOIS
62794-9506
RENEE
CIPRIANO,
DIRECTOR
217/782-2113
TITLE V
-
CLEAN
AIR ACT PERMIT
PROGRAM (CAAPP)
and
TITLE I PERMIT’
PERMITTEE
Champion Laboratories,’ Inc.
Attn:
Mary
Kay Smerdon
200 South 4th Street.
Albion, Illinois
62806
.~t
A~piicationNo.:
96020041
I.D. No.:
047020AAA
Applicant’s Designation:
.
Date Received:
February 13,
1996
Operation of:
Manufacturing Plant Of Oil Filters For Automobiles
Date Issued:
June 24, 2002
Expiration Date2:
June 24,
2007
Source Location:
325 North West St., West Salem, Edwards County, IL
62476
Responsible Official:
Mary Kay Smerdon/Loss Control Manager
This permit is hereby granted to the above-designated Permittee to operate a
manufacturing plant of oil filters for automobiles, pursuant to the above’
referenced permit application.
This permit is subject to the conditions
contained herein.
If you have any’ questions concerning this permit, please contact Jack Yates
at 217/782-2113.
.
Donald E. Sutton,
P.E.
Manager,
Permit Section
Division of Air Pollution Control
~r~”
~‘
DES :JMY:psj
~4~2’)~Z
9’
I/jk~
Ljr.~:~!~
~C;i~C~
by
Cc:
Illinois E~, FOS, Region
3
~.
~uiior?1
~
IJSEPA
This permit may contain terms
and
conditions which address the applicability,
and
compliance
if determined applicable, of Title
I of the
CAA
and regulations promulgated
thereunder,
including 40 CFR 52.21
-
federal PSD and 35 IAC Part 203
-
Major Stationary
Sources Construction and Modification.
Any
such terms and conditions are identified
within this permit.
Except as provided in Condition 8.7 of this permit
GEORGE
H.
RYAN, GOVERNOR
TABLE OF CONTENTS
PAGE
1.0
SOURCE IDENTIFICATION
4
1.1
Source
1.2
Owner/Parent Company
1.3
Operator
l.,4
General Source Description
2.0
LIST OF ABBREVIATIONS/ACRONYMS
USED IN THIS PERMIT
‘
5
3.0
INSIGNIFICANT
ACTIVITIES
,
6
3.’l
Identification of Insignificant Activities
3.2
Compliance with Applicable Requirements
3.3
Addition of Insignificant Activities
4.0
SIGNIFICANT
EMISSION
UNITS
AT THIS SOURCE
8
5.0
OVERALL SOURCE CONDITIONS
9
5.1
Source Description
5.2
Applicable Regulations
5.3
Non-Applicability of Regulations of Concern
5.4
Source-Wide Operational and Production Limits and Work
Practices
5.5
Source-Wide Emission Limitations
5.6
General Recordkeeping Requirements
5.7
General Reporting Requirements
5.8
General Operational Flexibility/Anticipated Operating
Scenarios
5.9
General Compliance Procedures
6.0
NOT
APPLICABLE TO THIS PERMIT
15
7.0
UNIT SPECIFIC CONDITIONS
16
7.1
Paint Booths and Ovens
8.0
GENERAL
PERMIT CONDITIONS
‘
21
8.1
Permit Shield
8.2
Applicability of Title IV Requirements
8.3
Emissions Trading Programs
8.4
Operational Flexibility/Anticipated Operating Scenarios
8.5
Testing Procedures
8.6
Reporting Requirements
8.7
Obligation to Comply with Title I Requirements
2
PAGE
9.0
STANDARD
PERMIT CONDITIONS
26
9.1
Effect of Permit
9.2
General Obligations of Permittee
9.3
Obligation to Allow Illinois EPA Surveillance
9.4
Obligation to Comply with Other Requirements
9.5
Liability
9.6
Recordkeeping
9.7
Annual Emissions Report
9.8
Requirements for Compliance Certification
9.9
Certification
9.10
Defense to Enforcement Actions
9.11
Permanent Shutdown
9.12
Reopening
And
Reissuing Permit For Cause
9.13
Severability Clause
9.14
Permit ‘Expiration and Renewal
10.0
ATTACHMENTS
10.1
Attachment
1
-
Emissions of Particulate Matter from New
1-1
Process Emission Units
10.2
Attachment
2
-
Example Certification by a Responsible
2-1
Official
10.3
Attachment
3
-
Guidance on Revising This Permit
3-1
10.4
Attachment
4
-
Form l99-CAAPP,
Application For
4-1
Construction Permit
(For CAAPP Sources Only)
10.5
Attachment
5
—
Guidance on Renewing This Permit
5-1
3
1.0
SOURCE IDENTIFICATION
1.1
Source
Champion Laboratories,
Inc.
325 North West Street
West Salem,
Illinois
62476
618-445-6011
I.D.
No.
:
047020AAA
Standard Industrial Classification:
3714,
Motor Vehicle Parts and
Acces sories
1.2
Owner/Parent Company
Champion Laboratories,
Inc.
200 South 4th ‘Street
Albion, Illinois
62806
1.3
Operator
Champion Laboratories,
Inc.
200 ,South 4th Street
Albion,
Illinois
62806
Mary Kay Smerdon
618-445-6011
1.4
General Source Description
Champion Laboratories
Inc.
is located at .325 North West Street,
West Salem Illinois,
62476.
The source manufactures oil filters
for automobiles.
In addition, the source manufactures oil
filters for other types of vehicles.
4
2.0
LIST OF ABBREVIATIONS/ACROWLMS
USED IN THIS PERMIT
ACMA
Alternative Compliance Market Account
Act
,
Illinois Environmental Protection Act
415
ILCS 5/1 et
seq.
AP-42
,
‘
Compilation of Air Pollutant Emission Factors,
Volume
1,
Stationary Point and Other Sources
(and Supplements A
through F),
USEPA, Office of Air Quality Planning and
Standards,
Research Triangle Park, NC
27711
ATU
‘
Allotment Trading ‘Unit
BAT
Best Available Technology
Btu
British thermal unit
CAA
‘
Clean Air Ac,t
42
U.S.C. Section ‘7401 et seq.
CAAPP
Clean Air Act Permit Program
CAM
,
Compliance_Assurance_Monitoring
CFR
Code of Federal Regulations
EPI4S
Emissions Reduction Market System
HAP
.
Hazardous Air Pollutant
hr
hour
IAC
Illinois Administrative Code
I.D. No.
•
Identification Number of Source, assigned by Illinois
EPA
1LCS
Illinois Compiled Statutes
Illinois EPA
Illinois Environmental Protection Agency
kW
kilowatts
LAER
Lowest Achievable Emission Rate
lb
pound
MACT
Maximum Achievable Control Technology
mmBtu
Million British thermal units
NESHAP
National Emission Standards for Hazardous Air Pollutants
NO~
Nitrogen Oxides
NSPS
New Source Performance Standards
PM
Particulate Matter
PM10
Particulate matter with an aerodynamic diameter less
than or equal to a nominal 10 microns as measured by
applicable_test_or_monitoring_methods,
ppm
parts per million
PSD
Prevention of Significant Deterioration
RMP
Risk Management Plan
SO2
Sulfur Dioxide
Tl
Title
I
-
identifies Title I~conditions that have been
carried over from an existing permit
T1N
Title
I New
-
identifies Title
I conditions
that are
being_established_in_this_permit
T1R
•TitleI Revised
-
identifies Title
I conditions that
have been mirried over from an existing permit and
subsequently_revised_in_this_permit
IJSEPA
United States Environmental Protection Agency
VOM
Volatile Organic Material
5
3.0
INSIGNIFICANT ACTIVITIES
3.1
Identification of Insignificant Activities
The following activities
at the source constitute insignificant
activities as specified in 35 IAC 201.210:
3.1.1
Activities determined by the Illinois EPA to be
insignificant activities, pursuant to 35 IAC 201.210 (a) (1)
and 201.211,
as follows:
None
3.1.2
Activities
that are insignificant activities based upon
maximum emissions,
pursuant to 35 IAC 201.210 (a) (2) or
(a) (3),
as follows:
Parts washing for water based cutting lubricants
Water evaporator
Plastisol storage tanks
Paint burn off oven
Metal forming operations
3.1.3
Activities that are insignificant activities based upon
their type or character, pursuant to 35 IAC 201.210 (a) (4)
through
(18),
as follows:
Direct combustion units designed and used for comfort
heating purposes and fuel combustion emission units
as follows:
(A)
Units with a rated heat input
capacity of less than 2.5 mmBtu/hr that fire only
natural gas, propane, or liquefied petroleum gas;
(B)
Units with a rated heat input capacity of less than
1.0 mmBtu/hr that fire only oil or oil in combination
with only natural gas, propane, or liquefied
petroleum gas; and
(C)
Units with a rated heat input
capacity of less than 200,000 Btu/hr which never burn
refuse,
or treated or chemically contaminated wood
35
IAC 201.210 (a) (4).
Die casting machines where
a metal or plastic is
formed under pressure in a die
35
IAC
201.210 (a) (12).
Coating operations
(excluding powder, architectural
and industrial maintenance coating)
with aggregate
VOM usage
that never exceeds 15 lbs/day from all
coating lines at the source,
including VOM from
coating,
dilutents,
and cleaning materials
35
IAC
201.210 (a) (13).
Printing operations with aggregate organic solvent
usage that never exceeds 750 gallons per year from
all printing lines at the source,
including organic
6
solvent from inks,
dilutents,
fountain solutions, and
cleaning materials
35
IAC 201.210 (a) (14).
3.1.4
Activities that are considered insignificant activities
pursuant to 35 IAC 201.210(b).
3.2
Compliance with Applicable Requirements
Insignificant activities
are subject to applicable requirements
notwithstanding status as insignificant activities.
In
particular,
in addition to regulations of general applicability,
such as 35 IAC 212.301 and 212.123: (Condition 5.2.2), the
Permittee shall comply with the following requirements,
as
applicable:
3.2.1
For each cold cleaning degreaser,
the Permittee shall
comply with the applicable equipment and operating
requirements of 35 IAC 215.182,
218.182,
or 219.182.
3.2.,2
For each particulate matter process emission unit,
the
Permittee shall comply with the applicable particulate
matter emission limit of 35
IAC 212.321 or 212.322.
For
example,
the particulate matter emissions from a process
emission unit shall not exceed 0.55 pounds per hour if the
emission unit’s process weight rate is 100 pounds per hour
or less, pursuant to 35 IAC 266.110.
3.2.3
For each organic material emission unit that uses organic
material,
e.g.,
a mixer or printing line,
the Permittee
shall comply with the applicable VOM emission limit of 35
IAC 215.301,
218.301, or 219.301,
which requires that
organic material emissions not exceed 8.0 pounds per hour
or do not qualify as photochemically reactive material as
defined in 35 IAC 211.4690.
3.3
Addition of Insignificant Activities
-
3.3.1
The Permittee is not required to notify the
Illinois EPA
of additional insignificant activities present at the
sou,rce of a type that
is identified
in Condition 3.1,
until the renewal application
for this permit is
submitted, pursuant to 35 IAC 201.212(a).
3.3.2
The Permittee must notify the
Illinois EPA of any proposed
addition of a new insignificant activity of a type
addressed by 35 IAC 20l.210(a)and 201.211 other than those
identified in Condition 3.1, pursuant to Section
39.5(12) (b)
of the Act.
3.3.3
The Permittee is not required to notify the Illinois EPA
of additional insignificant activities present at the
source of a type identified in 35 IAC 201.210(b).
7
4.0
SIGNIFICANT EMISSION UNITS AT THIS SOURCE
Emission
Unit
Description
Date
Constructed
Emission
Control
Equipment
Oil Filter
Line 100
‘
Oil Filter Manufacturing
Line 100 with Pleater Oven
(e1ectric)~PLOL3, Element
Oven EOL3,
Paint Booth
PBL3,
Paint Oven PAOL3, and
Silk Screen Drying Tunnel
SSCRN3
May,
1973
‘
None
Oil Filter
Line 110
Oil Filter Manufacturing
Line 110 with Pleater Oven
PLOL1, Element Oven EOL1,
Paint Booth PBL1,
Paint
Oven PAOL1, and Silk Screen
Drying Tunnel SSCRN1
May, 1973
‘
‘
None
‘
Oil Filter
Line 120
Oil Filter Manufacturing
Line
120 with Pleater Oven
PLOL2, Pregel Oven
(electric)
PG2, Element
Oven EOL2,
Paint Booth
PBL2,
Paint Oven PAOL2, and
Silk Screen Drying Tunnel
SSCRN2
‘
May,
1973
None
‘
Oil Filter
Line 130
Oil Filter Manufacturing
Line 130 with Pleater Oven
PLOL5,
Pregel Oven
(electric)
PG5, Element
Oven EOL5,
Paint Booth
PBL5,
Paint Oven PAOLS,
and
Silk Screen Drying Tunnel
SSCRN5
January,
1984
‘
None
.
Oil Filter
Line 140
Oil Filter Rework Line 140
with Pleater Oven PLOL4,
Element Oven EOL4,
Paint
Booth PBL4,
Paint Oven
PAOL4,
and Silk Screen
Drying_Tunnel_SSCRN4
May,
1973
None
8
5.0
OVERALL ‘SOURCE CONDITIONS
5.1
Source Description
5.1.1
This permit is issued based on the source requiring a
CAAPP. permit as a major source of VOM and RAPs emissions.
5.2
ApplicableRegulations
5.2.1
Specific emission units at this source are subject to
particular regulations as set forth in Section
7
(Unit-
Specific Conditions)
of this permit.
5.2.2
in addition, emission units at this source are subject to
the following regulations of general applicability:
a.
No person shall cause or allow the emission of
fugitive particulate matter from any process,
including any material handling or storage activity,
that is visible by an observer looking generally
overhead at a point beyond the property line of the
source unless the wind speed is greater than 40.2
kilometers per hour
(25 miles per hour), pursuant to
35 IAC 212.301 and 212.314.
Compliance with this requirement is considered
to be
assured by the inherent nature of operations at this
source,
as demonstrated by historical
operation.
b.
No person shall cause or allow the emission of smoke
or other particulate matter, with an opacity greater
than 30 percent, into the atmosphere from any
emission unit other than those emission units subject
to the requirements of 35 IAC 212.122, pursuant
to 35
IAC 212.123 (a), except as allowed by 35
IAC
212.123(b)
and 212.124.
5.2.3
Ozone Depleting Substances
The Permittee shall comply with the standards for
recycling and emissions reduction of ozone depleting
substances pursuant to 40 CFR Part
82,
Subpart F,
except
as provided for motor vehicle air conditioners in Subpart
B of 40 CFR Part
82:
a.
Persons opening appliances
for maintenance,
service,
repair, or disposal must comply with the required
practices pursuant to 40 CFR 82.156.
b.
Equipment used during the maintenance,
service,
repair,
or disposal of appliances must comply with
the standards for recycling and recovery equipment
pursuant to 40 CFR 82.158.
9
c.
Persons performing maintenance,
service,
repair, or
disposal of appliances must be certified by an
approved technician certification program pursuant to
40 CFR 82.161.
5.2.4
Risk Management Plan
Should this stationary source,
as defined in 40 CFR
Section 683,
become ,subject to the Accidental Release
Prevention regulations in 40 CFR Part 68,
then the owner
or operator shall submit
40
CFR 68.215 (a) (2) (i)
and
(ii):
a.
A compliance schedule for meeting the requirements of
40 CFR Part 68 by the date provided in 40 CFR
68.10(a); or
b.
,A certification statement that the source is in
compliance with all requirements of 40 CFR Part 68,
including the .registration and submission of the Risk
Management Plan
(RMP),
as part of the annual
compliance certification required by 40 CFR Part
7d
or 71.
‘
5.2..5,
a.
Should this stationary source become subject to a
regulation under 40 CFR Parts
60,
61, or
63, or 35
IAC after. the date issued of this permit, then the
owner or operator shall, in accordance with the
applicable regulation(s), comply with the applicable
requirements by the date(s)
specified and shall
certify compliance with the applicable requirements
of such regulation(s)
as part of the annual
compliance certification,
as required by 40 CFR Part
70 or 71.
b.
N,o
later than upon the submittal for renewal of this
permit,
the owner or operator shall submit, as’part
of an application,
the necessary information to
address either the non-applicability
of, or
demonstrate compliance with all
applicable
requirements of any potentially applicable regulation
which was promulgated after the date issued of this
permit.
5.2.6
Episode Action Plan
a.
If the source.is required to have an episode action’
plan pursuant to 35 IAC 244.142,
the Permittee shall
maintain at the source and have on file with the
Illinois EPA a written episode action plan
(plan)
for
reducing the leyels of emissions duri’ng yellow
alerts,
red alerts,
and emergencies,
consistent with
safe operating procedures.
The plan shall contain
the information specified in 35 IAC 244.144.
10
b.
The Permittee shall immediately implement the
appropriate steps described in this plan should an
air pollution alert or emergency be declared.
c.
If a change occurs at the source which requires a
revision of the plan
(e.g., operational change,
change in the source contact person),
a copy of the
revised plan shall be submitted to the Illinois EPA
for review within 30 days of the change.
Such plans
shall be further revised if disapproved by the
Illinois EPA.
d.
For sources required to have a plan pursuant to 35
IAC 244.142,
a copy of the original plan and any
subsequent revisions shall be sent to:
i.
Illinois EPA, Compliance Section;
and
ii.
For sources located in Cook County and outside
of the city of Chicago:
Cook County
Department of Environmental Control; or
iii.
For sources located within the city of
Chicago:
Chicago Department of Environmental
Control.
5.3
Non-Applicability of Regulations of Concern
5.3.1
.
This permit is issued based on the source not being
subject to 40 CFR Part
64, Compliance Assurance Monitoring
(CAM)
for Major Stationary Sources,
because the source
does not have a pollutant-specific emissions unit that
uses an add-on control device to achieve compliance with
an emission limitation or standard.
5.4
Source-Wide Operational and Production Limits and Work Practices
In addition to the source-wide requirements in the Standard
Permit Conditions
in Section
9,
the Permittee shall fulfill the
following source-wide operational and production limitations
and/or work practice requirements:
None
5.5
Source-Wide Emission Limitations
5.5.1
Permitted Emissions for Fees
The annual emissions from the source, not considering
insignificant activities
as addressed by Section 3.0 of
this permit,
shall not exceed the following limitations.
The overall source emissions shall be determined by adding
emissions from all emission units.
Compliance with these
11
limits shall be determined on a calendar year basis.
These limitations
(Condition 5.5.1)
are set for the
purpose of establishing fees and are not federally
enforceable.
Permitted Emissions of Regulated Pollutants
Pollutant
Tons/Year
Volatile Organic Material
(VOM)
177.52
Sulfur Dioxide
(SO2)
0.003
Particulate Matter
(PM)
0.74
Nitrogen Oxides
(NOr)
0.53
HAP, not included in VOM or
•PM
TOTAL
‘
178.79
5.5.2
Emissions of Hazardous Air Pollutants
Source-wide emission limitations
for RAPs as listed in
Section 112(b)
of the CAA are not set.
This source is
considered to be a major source of RAPs.
5.5.3
Other Source-Wide Emission Limitations
Other source-wide emission limitations are not set for
this source pursuant
to either the federal rules for
Prevention of Significant Deterioration
(PSD),
40 CFR
52.21, Illinois EPA rules for Major Stationary Sources
Construction and Modification,
35 IAC Part 203, or Section
502(b) (10) of the CAA.
However,
there may be unit
specific emission limitations set forth in Section 7 of
this permit pursuant to these rules.
5.6
General Recordkeeping Requirements
5.6.1
Emission Records
The Permittee shall maintain records of the following
items for
the source to demonstrate compliance with
Condition 5.5.1, pursuant to Section 39.5(7) (b)
of the
Act:
Total annual emissions on a calendar year basis
for
the emission
units covered by Section
7
(Unit
Specific Conditions)
of this permit..
5.6.2
Records for
HAP
Emissions
a.
Emissions of RAPs,
ton/mo and ton/yr.
5.6.3
Records for Operating Scenarios
N/A
12
5.6.4
Retention and Availability of Records
a.
All records and logs required by this permit shall be
retained for at least five years from the date of
entry
(unless a longer retention period is specified
by the particular recordkeeping provision herein),
shall be kept at a location at the source that is
readily accessible to ~the Illinois EPA or USEPA,
and
shall be made available for inspection and copying by
the Illinois EPA or USEPA upon request.
b.
The Permittee shall retrieve and print, on paper
during normal source office hours,
any records
retained in an electronic format
(e.g.,
computer)
in
response to an IllinoisEPA or USEPA request for
records during the course of
a’ source
inspection.
5.7
General Reporting Requirements
5.7.1
General Source-Wide Reporting Requirements
The Permittee shall promptly notify the Illinois EPA,
Compliance Section of deviations of the source with the
permit requirements as follows,
pursuant to Section
39.5(7) (f) (ii)
of the Act.
Reports shall describe the
probable cause of such deviations,
and any corrective
actions or preventive measures taken.
5.7.2
Annual Emissions Report
The annual emissions report required pursuant to Condition
9.7 shall contain emissions information for the previous
calendar year.
5.7.3
Annual Reporting of HAP Emissions
The Permittee shall submit an annual report to the
Illinois EPA,
Compliance Section,
on HAP emissions from
the source,
includi’ng the following information, so as to
demonstrate whether the source is being operated as a non-
major source of HAP emissions.
This report shall be
submitted with the Annual Emissions Report
(Condition
9.7).
a.
The annual emissions of individual RAPs for each
month of the previous calendar year,
tons/year
(e.g.,
for the month of January,
the emissions from February
of the preceding calendar year through January;
for
the month of February,
the emissions from March of
the preceding calendar year through February;
12
months in all);
and
b.
The total
emissions of all RAPs combined for each
month of the previous calendar year,
tons/year
(e.g.,
13
for the month of January,
the emissions from February
of the preceding calendar year through January;
for
the month of February,
the emissions from March of
the preceding calendar year through February;
12
months in all)
5.8
General Operational Flexibility/Anticipated Operating Scenarios
N/A
5.9
General Compliance Procedures
5.9.1
General Procedures
for Calculating Emissions
Compliance with the source-wide emission limits specified
in Condition 5.5 shall be based on the recordkeeping and
reporting requirements of Conditions
5.6 and 5.7, and
Compliance Procedures in Section 7
(Unit Specific
Conditions) of this permit.
14
6.0
NOT
APPLICABLE TO THIS PERMIT
15
7.0
UNIT SPECIFIC CONDITIONS
7.1
.
Paint Booths and Ovens
7.1.1
Description
The
“oil line paint booths and ovens” and the “rework line
paint booth and oven” are process emission units used to
manufacture oil filters.
Emissions of volatile organic
materials
(VOM)
result from the use of solvent based paint
and related materials and the use of plastisol and resin
impregnated filter paper.
7.1.2
List of Emission Units and Air Pollution Control Equipment
Emission
Unit
.
‘
Description
‘
Emission
Control
Equipment
Oil Filter
Line 100
Oil Filter Manufacturing Line
100 with Pleater Oven
(electric)
PLOL3, Element Oven EOL3,
Paint
Booth
PBL3,
Paint Oven PAOL3,
and SilkScreen Drying Tunnel
SSCRN3
None
Oil Filter
Line 110
Oil Filter Manufacturing Line
110 with Pleater Oven PLOL1,
Element Oven EOL1,
Paint Booth
PBL1,
Paint Oven PAOL1,
and Silk
Screen_Drying_Tunnel SSCRN1
None
Oil Filter
Line 120
Oil Filter Manufacturing Line
120 with Pleater Oven PLOL2,
Pregel Oven
(electric)
P02,
Element Oven EOL2,
Paint Booth
PBL2,
Paint Oven PAOL2,
and Silk
Screen_Drying_Tunnel_SSCRN2
None
Oil FilLer
Line 130
‘
Oil Filter Manufacturing Line
130 with Pleater Oven PLOL5,
Pregel Oven
(electric)
PG5,
Element Oven EOL5,
Paint Booth
PBL5,
Paint Oven PAOL5,
and Silk
Screen Drying Tunnel SSCRN5
None
Oil Filter
Line 140
Oil Filter Rework Line
140 with
Pleater Oven PLOL4, Element Oven
EOL4,
Paint Booth
PBL4,
Paint
Oven PAOL4,
and Silk Screen’
Drying Tunnel SSCRN4
None
‘
7.1.3
Applicability Provisions and Applicable Regulations
a.
The “affected paint booths and ovens” for the purpose’
of these unit-specific conditions,
are the process
emission units described in Conditions
7.1.1 and
7.1.2.
16
b.
Each affectedpaint booth and oven is subject to the
emission limits identified in Condition 5.2.2.
C.
The affected paint booths and ovens are subject to 35
IAC 212.321(a),
which provides
that:
No person shall cause or allow the emission of
particulate matter into the atmosphere
in any one
hour period from any new process’ emission unit,
either alone or in combination with the emission of
particulate matter from all
other similar process
emission’ units for which construction or modification
commenced on or after April
14,
1972,
at a source or
premises, exceeds the allowable emission rates
specified in subsection
(c)
of 35
IAC 212.321
(see
also Attachment
1)
35
IAC 212.321(a).
d.
The. affected paint booths and ovens are subject to 35
IAC 214.301,
which provides
that:
Except as provided by 35
IAC 214.302,
no person shall
cause or allow the emission of sulfur dioxide into
the atmosphere from any process emission source to
exceed 2000 ppm.’
e.
The affected paint booths and ovens
are subject to 35
IAC 215.204(j) (3), Paper Coating,
which provides
that:
No owner or operator of a coating line shall apply at
any time any coating in which the VOM content exceeds
0.42 kg/liter
(3.5 lb/gallon).
The emission
limitation is expressed in units of VOM per volume of
coating
(minus water and any compounds which are
specifically exempted from the definition of VOM)
as
applied at each coating applicator.
Compounds which
are specifically exempted from the definition of VOM
should be treated as water for the purpose of
calculating the “less water” part of the coating
composition.
7.1.4
Non-Applicability of Regulations of Concern
a.
No coating line subject to the limitations of 35 IAC
215.204 is required to meet 35
IAC 215.301 or 215.302
after the date by, which the coating line is required
to meet 35 IAC 215.204
35
IAC 215.209
7.1.5
Operational and Production Limits and Work Practices
None
,
17
7.1.6
Emission Limitations
In addition to Condition 5.2,.2 and the source wide
emission limitations
in Condition 5.5,
the affected paint
booths and ovens are subject to the following:
a.
Emissions from the affected paint booth and oven line
130
(PLOL5, EOL5,
PBL5,
and PAOL5)
shall not exceed
the following limits:
Pollutant
(Ton/Year)
VOM
24.9’
Compliance with annual limits shall be determined on
a monthly basis from the sum of the data for the
current month plus the preceding 11 months
(running
12 month total)
Tl.
The above limitations were established in Permit
83090050, pursuant to 40 CFR 52.21,
Prevention of
Significant Deterioration
(PSD)
.
These limits ensure
that the construction and/or modification addressed
in the aforementioned pei~mitdoes not constitute
a
new major source or major modification pursuant to
Title
I of the CAA,
specifically the federal rules
for Prevention of Significant Deterioration
(PSD), 40
CFR 52.21
Tl
7.1.7
Testing Requirements
Testing for VOM content of inks,
coatings,
cleaning
solvents,
and other materials shall be performed as
follows
35
IAC 215.105(a)
and Section 39.5(7) (b)
of the
Act
a.
Upon reasonable request by the Illinois EPA,
the VOM
content of representative inks,
coatings,
cleaning
solvents,
and other materials
“as applied” on the
affected enameling lines shall be determined
according to USEPA Reference Methods 24 or 24A of 40
CFR 60, Appendix,A,
and the procedures of 35 IAC
215.105(a).
b.
This testing may be performed by the supplier of a
material provided that the supplier provides
appropriate documentation for such testing to the
Permittee and the Permittee’s records required by
Condition 7.1.9 directly reflect the application of
such material and separately account for any
additions of solvent.
18
7.1.8
Monitoring Requirements
None
7.1.9
Recordkeeping Requirements
In addition to the records required by Condition 5.6, the
Permittee shall maintain recordsof the following items
for the affected paint booths and ovens to demonstrate
compliance with Conditions
5.5.1,
7.1.3,
and 7.1.6,
pursuant to Section 39.5(7) (b)
of the Act:
a.
The name and identification number of each type of
VOM containing material used in the affected paint
booths and ovens,
as applied.
b.
The usage of each’ type of VOM containing material
used in the affected paint booths and ovens,
gallons/month
and gallons/yr.
c.
The wt.
VOM content of each type of VOM containing
material used in the affected paint booths ,and ‘ovens.
d.
HAP content of each material used in the affected
paint booths and ovens,
wt.
.
e.
The density of each type of VOM containing material
used in the affected paint booths and ovens,
lbs/gallon.
f.
VOM and HAP emissions from the affected paint booths
and ovens,
ton/month and ton/yr.
7.1.10
Reporting Requirements
‘
The Permittee shall promptly notify the Illinois EPA,
Compliance Section,
of deviations
‘of an affected paint
booth or oven with the permit requirements as follows,
pursuant to Section 39.5(7) (f)
(ii)
of the Act.
Reports
shall describe the probable cause of such deviations,
and
any corrective actions or preventive measures
taken:
a.
Emissions from or operation of an affected paint.
booth or oven in excess of the limits specified in
Conditions
7.1.3 and 7.1.6 within 30 days of such
occurrence.
7.1.11
Operational Flexibility/Anticipated Operating Scenarios
N/A
19
7.1.12
Compliance PrOcedures
a.
Compliance with Conditions 7.1.3(c)
and
(d)
is
demonstrated by proper operating conditions of the
affected paint booths and ovens.
b.
Compliance with Condition 7.1.3(e)
shall be
demonstrated by the re~ordsrequired in Condition
7.1.9.
c.
‘Compliance with the emission limits in Conditions
5.5
and 7.1.6 shall be based on the’ recordkeeping
requirements in Condition 7.1.9 and the emission
factors and formulas listed below:
i.
Emissions from the affected paint booths and
ovens shall be calculated based on the
following formula:
Appropriate Emissions,
lbs
=
~
(Material
Usage,
gallons)
*
(Material Density,
lbs/gallon)
*
(Appropriate Material
Content, wt.
)
Where:
The summation ~ is the summation of all VOM
containing material used.
Note,
emissions from natural gas combustion
from the ovens are considered to be
negligible.
20
8.0
GENERAL PERMIT CONDITIONS
8.1
Permit Shield
Pursuant to Section 39.5(7)
(j)
of the Act, the Permittee has
requested and has been granted a permit shield.
This permit
shield provides that compliance with the conditions of this
permit
shall be deemed compliance *ith applicable requirements
which were applicable as of the date the proposed permit for this
source was issued, provided that either the applicable
requirements are specifically identified within this permit, or
the Illinois EPA, in acting on this permit application, has
determined that other requirements specifically identified, are
not applicable to this source and this determination
(or a
concise summary thereof)
is included in this permit.
This permit shield does not extend to applicable requirements
which are promulgated after April
10,
2002
(the date of issuance
of the draft permit) unless this permit has been modified to
reflect such new requirements.
8.2
Applicability of Title IV Requirements
(Acid Deposition Control)
This source is not an affected source under Title IV of the CAA
and is not subject to requirements pursuant to ‘Title IV of the
CAA.
8.3
Emissions Trading Programs
No permit revision shall be required for increases
in, emissions
allowed under any USEPA approved economic incentives,
marketable
permits,
emissions trading,
and other similar programs or
processes for changes that are provided for elsewhere in this
permit and that are authorized by the applicable requirement
Section
39.5(7) (o) (vii)
of the Act.
As of the date of issuance of this permit, there are no such
economic incentive,
marketable permit or emission trading
programs that have been approved by USEPA.
8.4
Operational
Flexibility/Anticipated Operating Scenarios
8.4.1
Changes Specifically Addressed by Permit
Physical or operational changes specifically addressed by
the Conditions of this permit that have been identified as
not requiring Illinois .EPA notification may be implemented
without prior notice to the Illinois EPA.
8.4.2
Changes Requiring Prior Notification
The Permittee is authorized to make physical or
operational changes that contravene express permit terms
without applying for or obtaining an amendment to this
21
permit, provided that
Section
39.5(12) (a)
(i’)
of the
Act
a.
,
The
changes
do
not
violate
applicable
requirements;
b.
The changes do not contravene federally enforceable
permit terms or conditions that are monitoring
(including test methods),
recordkeeping,
reporting,
or compliance certification requirements;
C.
The
changes
do
not
constitute
a
modification
under
Title
I of the
CAA;
d.
Emissions will not exceed the emissions allowed under
this permit following implementation of the physical
or operational change; and
e.
The Permittee provides written notice to the Illinois
EPA, Division of Air Pollution Control,
Permit
Section,
at least
7 days before commencement of the
change.
This notice shall:
i,.
Describe the physical or operational change;
ii.
Identify
the
schedule
for
implementing
the
physical or operational change;
iii.
Provide
a statement of whether or not any New
Source Performance Standard
(NSPS)
is
applicable to the physical or operational
change and the reason why the NSPS does or
does not apply;
iv.
Provide
emission
calculations
which
demonstrate
that
the
physical
or
operational
change will
not
result in a modification;
and
v.
Provide a certification that the physical or
operational change will not.result
in’
emissions
greater
than
authorized
under
the
Conditions
of
this
permit.
8.5
Testing
Procedures
Tests conducted to measure composition
of materials, efficiency
of
pollution
control
devices,
emissions
from
process
or
control
equipment,
or
other
parameters
shall
be
conducted
using
standard
test methods.
Documentation of
the test date,
conditions,
methodologies,
calculations,
and’test results shall be retained
pursuant to the recordkeeping procedures of this permit.
Reports
of
any
tests
conducted
as
required
by
this
permit
or
as
the
result of a request by the Illinois EPA shall be submitted as
specified in Condition 8.6.
.
22
8.6
Reporting Requirements
8.6.1
Monitoring Reports
If monitoring’is
required by any applicable
requirements
or
conditions
of
this
permit,
a
report summarizing the
required monitoring results,
as specified in the
conditions of this permit,
shall be submitted to the Air
Compliance Section of
the Illinois EPA every six months as
follows
Section
39.5(7) (f)
of the Act:
Monitoring Period
Report Due Date
January
-
June
September 1
July
-
December
March 1
All instances
of, deviations from permit requirements must
be clearly identified in such reports.
All such reports
shall be certified in accordance with Condition 9.9.
8.6.2
Test Notifications
Unless otherwise specified elsewhere in,this permit,
a
written test plan for any test required by this permit
shall be submitted to
the Illinois EPA for review at least
60 days .prior to the testing pursuant to Section
39.5(7) (a)
of the Act.
The notification shall
include at
a minimum:
a.
The name and identification of the affected unit(s);
b.
The person(s)’who will be performing sampling and
analysis and their experience with similar tests;
c.
The specific conditions under which testing will be
performed,
including a discussion of why these
conditions will be representative of maximum
emissions and
the means by which the operating
parameters for the source and any control equipment
will be determined;
d.
The specific determination of emissions and operation
which are intended to be made,
including sampling and
monitoring locations;
e.
The test method(s)
which will be used,
with the
specific analysis method,
if the method can be used
with different analysis methods;
f.
Any minor changes in standard methodology proposed
to
accommodate the specific circumstance,s of testing,
with justification; and
23
g.
Any
proposed use of an alternative test method, with
detailed justification.
8.6.3
Test Reports
Unless
otherwise
specified
elsewhere
in
this
permit,
the
results
of
any
test
required
by
this
permit
shall
be
submitted to the Illinois
EPA
within
60
days
of
completion
of the testing.
The test report shall include at a
minimum
Section
39.5(7) (e) (i)
of the Act:
a.
The
name
and
identification
of
the
affected
unit(s);
b.
The date and time of
the sampling or measurements;
c.
The date any analyses were performed;
d.
The name of the company that performed the tests
and/or analyses;
e.
The test and analytical methodologies used;
f.
The results of the tests including raw data,
and/or
analyses including sample calculations;
g.
The’operating conditions
at the time of the sampling
or measurements; and
h.
The name of any relevant observers present including’
the testing company’s representatives,
any Illinois
EPA
or
USEPA
representatives,
and
the
representatives
of the source.
8.6.4
Reporting
Addresses
a.
The
following
addresses
should
be
utilized
for
the
submittal
of
reports,notifications,
and
renewals:
i.
Illinois EPA
-
Air Compliance Section
Illinois Environmental Protection Agency
Bureau of Air
Compliance
Section
(MC
40)
P.O.
Box
19276
Springfield,
Illinois
62794-9276
ii.
Illinois EPA
-
Air
Regional
Field
Office
Illinois Environmental Protection Agency
Division
of
Air
Pollution
Control
2009 Mall Street
Collinsville,
Illinois
62234
24
iii.
Illinois
EPA
-
Air Permit Section
(MC 11)
Illinois
Environmental
Protection
Agency
Division
of
Air
Pollution
Control
Permit Section
P.O.
Box
19506
Springfield,
Illinois
62794-9506
iv.
USEPA
Region
5
-
Air
Branch
USEPA
(As
-
17J)
Air & Radiation Division
77
West
Jackson
Boulevard
Chicago,
Illinois
60604
b..
Unless otherwise sp,ecified in the particular
provision of this permit, reports shall be sent to
the
Illinois
EPA
-
Air
Compliance
Section
with
a
copy
sent
to
the
Illinois
EPA
-
Air
Regional
Field
Office.
8.7
Obligation
to Comply with Title
I Requirements
Any term,
condition, or requirement identified
in this permit by
Ti,
T1R, or T1N is established or revised pursuant to 35 IAC Part
203 or 40 CFR 52.21
(“Title
I provisions”) and incorporated into
this ‘permit pursuant to both Section 39.5 and Title
I provisions.
Notwithstanding the expiration’ date on the first page of this
permit,
the Title
I conditions remain in effect pursuant to Title
I provisions until the Illinois EPA deletes or revises them in
accordance with Title
I procedures.
25
9.0
STANDARD
PERMIT
CONDITIONS
9.1
Effect
of
Permit
9.1.1
The issuance of this permit does not release the Permittee
from compliance with State and Federal regulations.which
are part of the Illinois State Implementation Plan,
as
well
as
with
other
applicable
statutes
and
regulations
of
the United States or the State of Illinois or applicable
ordinances,
except
as
specifically
stated
in
this
permit
and as allowed by law and rule
Section
39.5(7)
(j)
(iv)
of
the
Act
9.1.2
In particular,
this permit does not alter or affect the
following:
a.
The provisions of Section 303
(emergency powers) of
the CAA, including USEPA’s authority under that
Section;
b.
The liability
of
an
owner
or
operator
of
a
source
for
any
violation
of
applicable
requirements
prior
to
or
at
the
time
of
permit
issuance;
c.
The applicable requirements of the acid rain program
consistent with Section 408(a) of the CAA;
and
d.
The ability of USEPA to obtain information from a
source pursuant to Section 114
(inspections,
monitoring, and entry) of the CAA.
9.1.3
Notwithstanding the conditions of this permit specifying
compliance practices for applicable requirements, any
person
(including
the
Permittee)
may
also
use
other
credible
evidence
to
establish
compliance
or
noncompliance
‘with
applicable
requirements.
9.2
General
Obligations
of
Permittee
9.2.1
Duty to Comply
The
Permittee
must
comply
with
all
terms
and
conditions
of
thig
permit.
Any
permit
noncompliance
constitutes
a
violation
of
the
CAA and the Act,
and is grounds for any
or
all
of
the
following:
enforcement
action,
permit
termination, revocation
and reissuance, modification, or
denial of a permit renewal application
Section
39.5(7) (a) (i)
of the Act.
The Permittee shall meet applicable requirements that
become effective during the permit term in a timely manner
‘unless an alternate schedule for compliance with the
applicable requirement
is established.
26
9.2.2
Duty to Maintain Equipment
The Permittee shall maintain all equipment covered under
this permit in such a manner that
t,he performance or
operation of such equipment shall not cause a violation of
applicable requirements.
9.2.3
Duty to Cease Operation
-
No person shall cause, threaten or allow the continued
operation of any emission unit during malfunction or
breakdown
of. the emission unit or related air pollution
control equipment if such operation would cause
a
violation of anapplicable emission standard, regulatory
requirement, ambient air quality standard or permit
limitation unless such malfunction or breakdown is allowed
by
a
permit
condition
Section
39.5(6)
(c)
of
the
Act.
9.2.4
Disposal Operations
The
source
shall
be
operated
in
such
a
manner
that
the
disposal of air contaminants collected by the equipment
operations,
or
activities
shall
not
cause
a
violation
of
the
Act
or
regulations
promulgated
thereunder.
9.2.5
Duty
to
Pay
Fees
The
Permittee
must
pay
fees
to
the
Illinois
EPA
consistent
with
the
fee
schedule
approved
pursuant
to
Section
39.5(18)
of the Act, and submit any information relevant
thereto
Section
39.5(7)
(o)
(vi).
of
the
Act.
The
check
should be payable to “Treasurer, State of Illinois” and
sent
to:
Fiscal
Services
Section,
Illinois
Environmental
Protection
Agency,
P.O.
Box
19276,
Springfield,
Illinois
62794-9276
-
9.3
Obligation to Allow Illinois EPA Surveillance
Upon
presentation
of
proper
credentials
and
other
documents,
the
Permittee
‘shall
allow
the
Illinois
EPA,
or
an
authorized
representative to perform the following
Section
39.5(7) (a) and
(p)
(ii)
of
the
Act
and
415
ILCS
5/4
a.
Enter
upon
the
Permitte&s
premises
where
an
actual
or
potential
emission
unit
is
located;
where
any
regulated
equipment,
operation,
or
activity
is
located
or
where
records
must
be
kept
,under
the
conditions
of
this
permit;
b.
Have access to and copy, at reasonable times, any records
that
must
be
kept
under
the
conditions
of
this
permit;
c.
Inspect
during
hours
of
operation
any
sources,
equipment
(including
monitoring
and
air
pollution
control
27
equipment),
practices,
or operations regulated or required
under
this
permit;
d.
,
Sample
or
monitor
any
substances
or
parameters
at
any
location:
i.
At
reasonable
times,
for
the
purposes
of
assuring
permit compliance;
or
ii.
As
otherwise
authorized
by
the
CAA,
or
the
Act.
e.
Obtain and remove samples of any discharge or emission of
pollutants
authorized
by
this
permit;
and
f.
Enter
and utilize any photographic,
recording,
testing,
monitoring,
or other equipment for the purposes of
preserving,
testing,
monitoring, or recording any
activity, dischar~eor emission at the source authorized
by
this
permit.
9.4
Obligation
to
Comply
With
Other
Requirements
The issuance of this permit does not release the Permittee from
applicable State and Federal laws and regulations,
and applicable
local
ordinances
addressing
subjects
other
than
air
pollution
control.
9.5
Liability
‘
9.5.1
Title
This permit shall not be considered
as
in any manner
affecting the title of the premises upon which the
permitted source is located.
9.5.2
Liability of Permittee
This
permit does not release the Permittee from any
liability for damage to person or property caused by or
resulting
from
the
construction,
maihtenanc’e,
or
operation
of
the
sources.
9.5.3
Structural Stability
This
permit
does
not
take
into
consideration
or
attest
to
the structural stability of any unit or part of the
source.
9.5.4
Illinois EPA Liability
This
permit
in
no
manner
implies
or
suggests
that
the
Illinois EPA
(or its officers, agents or employees)
assumes any liability, directly or indirectly,
for any
28
loss
due
to
damage,
installation,
maintenance, or
operation
of
the
source.
9.5.5
Property Rights
This
permit
does
‘not
convey
any
property
rights
of
any
sort,
or any exclusive privilege
Section
39.5(7)
(0)
(iv)
of
the Act
9.6
‘
Recordkeeping
9.6.1
Control Equipment Maintenance Records
A maintenance record shall be kept
o,n the premises
for
each
item
of
air
pollution
control
equipment.
As
a
minimum,
this
record
shall
show
the
dates
of
performance
and
nature
of
preventative
maintenance
activities.
9.6.2
Records of Changes in Operation
A record shall be kept describing changes made at the
source that result in emissions of a regulated air
pollutant
subject
to
an
applicable
requirement,
but
not
otherwise regulated under this permit, and the emissions
resulting from those changes
Section
39.5(12) (b) (iv)
of
the Act
9.6.3
Retention
of
Records
a.
Records
of
all
monitoring
data
and
support
information
shall
be
retained
for
a
period
of
at
least
5
years
from
the
date
of
the
monitoring
sample,
measurement,
report,
or application.
Support
information includes all calibration and maintenance
records,
original
strip-chart recordings for
~
~
4.—..-.,—,..-.....
~
-..-...~
_.___..:.—..-.
.,.xzo
t.j.
tz,ttCxn..ca
..
s~.’sx,
air
~
Lu,
all
reports
required
by
this
permit
Section
39.5(7)
(e)
(ii)
of
the
Act.
b.
Other
records
required
by
this
permit
shall
be
retained
for
a
period
of
at
least
5
years
from
the
date
of
entry
unless
a
longer,
period
is
specified
by
a
particular
permit
provision.
9.7
Annual
Emissions
Report
The
Permittee
shall
submit
an
annual
emissions
report
to
the
Illinois
EPA,
Compliance
Section
no
later
than
May
1
of
the
following
year,
as
required
by
35
IAC
Part
254.
9.8
‘Requirements.
for
Compliance
Certification
Pursuant
to
Section
39.5(7)
(p)
(v)
of
theAct,
the
Permittee
shall
submit
annual
compliance
certifications.
The
compliance
29
i
a
certifications shall be submitted no later than’May
1 or more
frequently
as specified in the applicable requirements or by
permit
condition.
The
compliance
certifications
shall
be
submitted to the Air Compliance Section,
Air Regional Field
Office,
and
USEPA
Region
5
-
Air
Branch.
The
addresses
for
the
submittal
of. the
compliance
certifications
are
provided
in
Condition 8.6.4
of this permit.
-
a.
The’certification shall include the identification of each
term
or
condition
of
this
permit
that
is
the
basis
of
the
certification;
the
compliance
status; whether compliance
was
continuous
or
intermittent;
the
method(s)
used
for
determining
the
compliance
status
of
the
source,
both
currently
and over the reporting period consistent
wit’h
the
conditions
of
this
permit.
b.
‘
All compliance certifications shall be submitted to USEPA
Region 5 in Chicago as well as to the Illinois EPA.
c.
All compliance reports required to be submitted shall
include a certification in accordance with Condition 9.9.
9.9
Certification
Any.document
(including reports)
required to be submitted by this
permit shall contain a certification by a responsible official of
the Permittee that meets
the requirements of Section 39.5(5)
of
the Act
Section
39.5(7) (p) (i)
of the Act.
An example
Certification by a Responsible Official
is included as an
attachment to this permit.
9.10
Defense to Enforcement Actions
9.10.1
Need to Halt or Reduce Activity Not a Defense
It shall not be a defense for the Permittee in an
enforcement action that, it would have been necessary to
halt or reduce the permitted activity in order to maintain
compliance with the conditions of this permit
Sectioh
39.5(7) (o) (ii) of the Act
9.10.2
Emergency Provision
a.
An emergency shall be an affirmative defense,to an
action brought for noncompliance with the technology-
‘based emission limitations under this permit if the
following conditions are met through properly signed,
contemporaneous operating logs,
or other relevant
evidence:
i.
An emergency occurred as provided in Section
39.5(7) (k)
of the Act and the Permittee can
identify the cause(s)
of the emergency.
30
Normally,
an
act
of
God
such
as
lightning
or
flood
is
considered
an
emergency;
ii.
The
permitted
source
was
at
the
time
being
properly
operated;
iii.
The
Permittee
submitted
notice
of
the
emergency to thC Illinois EPA within two
working days of the time when emission
limitations
were
exceeded
due
to
the
emergency.
This
notice
must
contain
a
detailed
description
of
the
emergency,
any
steps
taken
to
mitigate
emissions,
and
corrective
actions
taken;
and
iv.’
.During
the
period
of
the emergency the
Permittee
took
all
reasonable
steps
to
minimize
levels
of
emissions
that
exceeded
the
emission limitations,
standards, or
regulations
in this permit.
b.
This provision is’in addition to any emergency or
upset provision contained
i’n any applicable
requirement.
This provision does, not relieve a
Permittee of any reporting obligations under’ existing
federal or state laws or regulations.
9.11
Permanent Shutdown
This permit only covers emission units and control equipment
while physically’present at the indicated source location(s).
Unless this permit specifically provides for equipment
relocation,
this permit is void for the operation or activity of
any item of equipment on the date it is removed from the
permitted location(s)
or permanently shut do~rn.
This permit
expires if all equipment is removed from the permitted
location(s), notwithstanding
the expiration date specified
on.
this permit.
9.12
Reopening and Reissuing Permit for Cause
9.12.1
Permit Actions
This permit may be modified, reopened, and reissued, for
cause, pursuant
to Section 39.5(15)
of the Act.
The filing
of a request by the Permittee for a permit modification,
revocation,
and reissuance,
or of a notification
of.
planned changes or anticipated noncompliance does not stay
any permit condition
Section
39.5(7) (o) (iii)
of the
Act
.
31
9.12.2
Reopening
and
Revision
This
permit
must
be
reopened
and
revised
if
any
of
the
following
occur
Section
39.5(15)
(a)
of
the
Act
a.
Additional
requirements
become
applicable
to
the
equipment
covered
by
this
permit
and
three
or
more
years
remain
before
eEpiration
of
this
permit;
b.
Additional
requirements
become
applicable
to’an
affected
source
for
acid
deposition
under
the
acid
rain
program;
c.
The
Illinois
EPA
or
USEPA
determines
that
this
permit
contains
a
material
mistake
or
inaccurate
statement
when establishing the emission standards or
limitations,
or
other
terms
or conditions of this
permit;
and
d.
The
Illinois
EPA
or
USEPA
determines
that
this
permit
must
be
revised
to
ensure
compliance
with
the
applicable
requirements
of
the
Act.
9.12.3
Inaccurate
Application
The
Illinois
EPA
has
issued
this
permit
based
upon
the
information
submitted
by
the
Permittee
in
the
permit
application.
Any
misinformation,
false
statement
or
-
misrepresentation
in
the
application
shall
be
grounds
for
revocation
under
Section
39.5(15)
(b)
of
the
Act.
9.12.4
Duty
to
Provide
Information
The
Permittee
shall
furnish
to
the
Illinois
EPA,
within
a
reasonable time specified by the Illinois EPA any
information
that
the
Illinois,EPA
may
request
in
writing
to
determine
whether
cause
exists
for
modifying,,
revoking
and reissuing, or terminating this permit, or to determine
compliance
with
this
permit.
Upon
request,
the
Permittee
shall
also
furnish
to
the
Illinois
EPA
copies
of
records
required
to
be
kept
by
this
permit,
or
for
information
claimed
to
be
confidential,
the
Permittee
may
furnish
such
records
directly
to
USEPA
along
with
a
claim
of
confidentiality
Section
39.5(7)
(o)
(v)
of
the
Act.
9.13
Severability
Clause
The
provisions
of,
this
permit
are
severable,
and
should
any
one
or
more
be
determined
to
be
illegal
or
unenforceable,
the
validity
of
the
other
provisions
shall
not
be
affected.
The
rights
and
obligations
of
the
Permittee
shall
be construed and
enforced
as
if
this
permit
did
not
contain
the
particular
provisions
held
to
be
invalid
and
the
applicable
requirements
32
underlying
these
provisions
shall
remain
in
force
Section
39.5(7)
(i)
of
the
Act.
9.14
Permit
Expiration
and
Renewal
The
right
to
operate
terminates
on
the
expiration
date
unless
the
Permittee
has
submitted
a
timely
and
complete
renewal
application.
For
a
renewal
to
be
timely
it
must
be
submitted
no
later
than
9
and
no
sooner
than
12
months
prior
to
expiration.
The
equipment
may
continue
to
operate
duri,ng
the
r,enewal
period
until
final
action
is
taken
by
the
Illinois
EPA,
in
accordance
with
the
original
permit
conditions
Section
39.5(5)
(1),
(n),
and
(o)
of
the
Act.
33
10 .0
ATTACHMENTS
10.1
Attachment
1
Emissions
of
Particulate
Matter
from
New
Process
Emission
Units
10.1.1
Process
Emission
Units
for’Which
Construction
or
Modification
Commenced
On
or
After
April
14,1972
a.
No
person
shall
cause
or
allow
the
emis~ion
of
particulate
matter
into
the
atmosphere
in
any
one.
hour
period
from
any
new
process
emission
unit,
either
alone
or
in
combination
with
the
emission
of
particulate
matter
from
all
other
similar
process
emission
units
for
which
construction
or
modification
commenced
on
or
after
April
14,
1972,
at
a
source
or
premises,
exceeds
the
allowable
emission
rates
specified
in
subsection
(c),
of
35
IAC
212.321
35
IAC
212.321(a).
b.
Interpolated
and
extrapolated
values
of
the
data
in
subsection
(c)
of
35’ IAC 212.321 shall be determined
by
using
the
equation
35
IAC
212.321(b):
E
=
A(P)B
where:
P
=
Process
weight
rate;
and
E
=
Allowable
emission
rate;
and,
i.
Up
to
process
weight
rates
of
408
Mg/hr
(450
T/hr):
Metric
English
P
Mg/hr
T/hr
E
kg/hr
lb/hr
A
1.214
2.54
B
0.534
0.534
ii.
For
process
weight
rate
greater
than
or
equal
to
408
Mg/hr
(450
T/hr)
Metric
English
P
,
Mg/hr
T/hr’
E
kg/hr
lb/hr
A
11.42
24.8
B
0.16
0.16
c.
Limits
for
Process
Emission
Units
For
Which
Construction
or
Modification
Commenced
On
or
After
April
19,
1972
35
IAC
212.321(c):
1-1
Metric
English
P
E
P
Mg/hr
kg/hr,
T/hr
‘
lb/hr
0.05
0.25
0.05
,
0.55
0.1
0.29
0.10
.
0.77
0.2
0.42
0.2
1.10
0.3
0.64
0.30
1.35
0.4
0.74
-
0.40
1.58
0.5
0.84
0.50
1.75
0.7
1.00
0.75
2.40
0.9
1.15
1.00
2.60
1.8
1.66
2.00
,
,
3.70
2.7
2.1
.
3.00
4.60
3.6
2.4
4.00
5.35
4.5
2.7
5.00
6.00
9.0
3.9
10.00
8.70
13.0
4.8
‘
15.00
‘
10.80
18.0
.
5.7
20.00
‘
12.50
23.0
6.5
25.00
14.00
27.0
7.1
.
30.00
15.60
32.0
7.7
35.00
17.00
36.0
8.2
40.00
18.20
41.0
8.8
45.00
19.20
45.0
9.3
50.00
20.50
90.0’
13.4
.
100.00
29.50
140.0
17.0
150.00
37.00
180.0
19.4
200.00
43.00
230.0
22.0
250.00
48.50
270.0
24.0
300.00
53.00
320.0
26.0
350.00
58.00
360.0
28.0
400.00
62.00
408.0
30.1
450.00
‘
66.00
454.0
30.4
‘
500.00
67.00
1-2
10.2
Attachment
2 Example Certification by a Responsible Official
I
certify
under
penalty
of
law
that
this
document
and
all
attachments
were
prepared
under
my
direction
or
supervision
in
accordance with a’system designed to assure that qualified
personnel
properly
gather
and
evaluate
the
information
submitted.
Based
on
my
inquiry
of
the
person
or
persons
directly
responsible
for
gathering
the
information,
theinformation
submitted
is,
to
the
best
of
my
knowledge
and
belief,
true,
accurate,
and
complete.
I
am
aware
that
there
are
significant
penalties
for
submitting
false information,, including the possibility of fine
and
imprisonment
for
knowing
violations.
Signature:
Name:
Official
Title:
Telephone
No.:
Date
Signed:
2-1
10.3
Attachment
3
Guidance
on
Revising
This
Permit
The
Permittee
must
submit
an
application
to
the
Illinois
EPA
using
the
appropriate
revision
classification
in
accordance
with
Sections
39.5(13)
and
(14)
of
the
Act
and
35
IAC
270.302,.
Specifically,
there
are
currently
three
classifications
for
revisions
to
a
CAAPP
permit.
These
are:
1.
Administrative
Permit
Amendment
2.
Minor
Permit
Modification
and
3.
Significant
Permit
Modification.
The
Permittee
must
determine,
request,
and
submit
the
necessary
information
to
allow
the
Illinois
EPA
to
use
the
appropriate
procedure
to
revise
the
CAP~PPpermit.
A
brief
explanationof
each
of
these
classifications
follows.
1.
Administrative Permit Amendment
•
Corrects
typographical
errors;
•
Identifies
a
change
in
the
name,
address,
or
phon~e
number of any person identified in the permit, or
provides
a
similar
minor
administrative
change
at
the
source;
•
Requires
more
frequent
monitoring
or
reporting
by
the
Permittee;
—
,~1’).......
.~__
_..-.l___..__..
.
~
~-~~-4-.-.—.1
—
,,-,.SLL,W~
.LL)J.
a
LJ.sa,Lr’30
‘
S,LL
~JWLiC1
LI,!.
ac.sLuiiaJ
control
of
the
source
where
no
other
change
in
the
permit
is
necessary,
provided
that
a
written
agreement
containing
a
specific
date
for
transfer
of
permit
responsibility,
coverage,
and liability
between
the’
current
and
new
Permittees
has
been
submitted
to
the
Illinois
EPA.
This
shall
be
handled
by
completing
form
272-CAAPP,
REQUEST
FOR
OWNERSHIP
CHANGE
FOR
CAAPP
PERMIT;
or
•
Incorporates
into
the
CAAPP
permit
a
construction
permit,
provided
the
conditions
of
the
construction
peririit’.
meet
the
requirements
for
the
issuance
of
CAAPP permits.
2.
Minor
Permit
Modification
•
Do
not
violate
any
applicable
requirement;
•
Do
not
involve
significant
changes
to
existing
monitoring,
reporting,
or
recordkeeping
requirements
in
the
permit;
3-1
Do
not
require
a
case-by-case
determination
of
an
emission
limitation
or
other
standard,
or
a
source-specific
determination
of
ambient
impacts,
or
a
visibility
or
increment
analysis;
•
Do
not
seek
to
establish
or
change
a
permit
term
or
condition for which there is no corresponding
underlying requirement and which avoids an applicable
requirement
to
which
the
source
would
otherwise
be
subject.
Such
terms
and
conditions
include:
•
A
federally
enforceable
emissions
cap
assumed
to
avoid
classification
as
a
modification
under
any
provision
of
Title
I
of
the
CAA;
and
•
An
alternative
emissions
limit
approved
pursuant
to
regulations
promulgated
under
Section 112(i) (5)
of the CAA.
•
Are
not
modifications
under
any
provision
of
Title
I
of
the
CAA;
•
Are
not
required
to
be
processed
as
a
significant
permit
modification;
and
•
Modifications ‘involving the use of economic
incentives,
marketable permits, emissions trading,
and
other
similar
approaches.
An application for a minor permit modification shall
include
the
following:
A
description
of
the
change,
the
emissions
resulting
from
the
change,
and
any
new
applicable
requirements
that
will
apply
if
the
change
occurs;
•.
The
source’s
suggested
draft
permit/conditions;
•
Certification
by
a
responsible
official
that
the
proposed
modification
meets
the
criteria
for
use
of
minor
permit
modification
procedures
and
a
request
that
such
procedures
be
used;
and
•
Information as contained on form 27l-CAAPP, MINOR
PERMIT MODIFICATION
FOR CAAPP. ‘PERMIT
for
the
Illinois
EPA
to
use
to
notify
USEPA
and
affected
States.
3-2
3.
Significant’
Permit
Modification
•
Applications
that
do
not
qualify
as
either
minor
permit
modifications
or
as
administrative
permit
amendments;
Applications requesting a significant change in
existing monitoring permit terms or ‘conditions;
•
Applications requesting a relaxation of reporting or
recordkeeping
requirements;
and
•
Cases
in
which,
in
the
judgment
of’the
Illinois
EPA,
action
on
an
application
for
modification
would
require
decisions
to
be
made
on
technically
complex
issues.
An application for a significant permit modification shall
include
the
following:
•
A
detailed
description
of
the
proposed
change(s),
including
all
physical
changes
to
equipment,
changes
in
the
method
of
operation,
changes
in
emissions
of
each
pollutant,
and
any
new
applicable
requirements
which
will
apply
as
a
result
of
the
proposed
c’hange.
Note
that
the
Permittee
need
only
submit
revised
forms
for
equipment
and
operations
that
will
be
modified.
The
Illinois
EPA
requires
the
information
on
the
following
appropriate
forms
to
be
submitted
in
accordance
with
the
proper
c1 ~
f~
r~t—’r~r,
Form
273-CAAPP,
REQUEST
FOR
ADMINISTRATIVE
PERMIT
AMENDMENT
FOR CAAPP PERMIT;
or
Form
271-CAAPP,
MINOR
PERMIT
MODIFICATION.
FOR
CAAPP
PERMIT;
or
•
Form
200-CAAPP,
APPLICATION
FOR
CAAPP
PERMIT
(for
significant
modification)
Application
forms
can
be
obtained
from
the
Illinois
EPA
website
at
http://www.epa.state.il.us/air/forms.
Note
that
the
request
to
revise
the
permit
must
be
certified for
truth,
accuracy,
and
completeness
by
a
responsible
official.
Note
that
failure
to
submit
the
required
information
may
require
the
Illinois
EPA
to
deny
the
application..
The
Illinois
EPA
reserves
the
right
to
require
that
additional
information
be
submitted
as
needed
to
evaluate
or
take
final
action
on
applications
pursuant
to
Section
39.5(5)
(g)
of
the
Act
and
35
IAC
270.305.
3-3
10.4
Attachment
4
Form
199-CAAPP,
Application
For
Construction
Permit
(For
CAAPP
Sources
Only)
Illinois Environmental Protection Agency
Division Of AirPollution Control
—
Permit Section
P.O.
Box 19506
Springfield,
Illinois
62794-9506
This
Agency
is
authorized
to require and you must disclose this information under415 ILCS 5/39.
Failure to do so
could
result in the application
being denied
and penalties under 415 ILCS 5 et seq.
It
is not necessary to use this form in providing thiS information.
This form has been
approved by the forms
management center.
Printed on Recycled
Paper
1 99-CAAPP
Page
1 of 2
Application For
Construction
P Sources
Only)
ID number
Illinois EPA use only
Permitnumber:
‘
Date received:
This form is to be used by CMPP sources to supply information
necessary to obtain a construction permiL
Please attach other
necessary information and completed CAAPP forms regarding this construction/modification project.
1.
Source name:
‘
,
2.
Source street address:
,
.
3.
,
City:
4.
Zip code:
5.
Is the source located within
city limits?
LI
Yes
LI
No
6.
Township name:
7.
County:
8.
ID number:
10.
‘Address:
Owner Information
9.
Name:
11.
City:
12.
State:
,
13.
Zip code:
1.
15.
Address:
i,
rwwl+,s.,
~
~
~
..
.
~
liii..,I
JIIC~LI’.JlI
~,uI
~.1IIu~..uc.uIL
II
‘..J!IU
‘JVV!U~II
.
.
.
14.
I~idrIre
16.
‘City:
17.
State:
‘
18.
Zip code:
..,.‘
,,
.
~‘
‘
,
. ‘
,
, ‘‘‘•_,(
~‘
~a~’
~
p~lu~ai~j
lnforn~ation
19.
Who is the appUcant?’
.
20.
All correspondence
LI
Owner
LI
Operator
LI
Owner
to:
(check one)
1
Operator
‘
1
Source
.
21.
Attention name and/or title for written correspondence:
‘
22;
Technical contact person for application:
23.
Contact person’s telephone number:
4-1
24.
Does the application address whether the proposed project would
Yes
No
constitute a new major source or major modification under each of the
following
programs:
a)
Non-attainment New Source Review —35 IAC Part 203;
b)
Prevention of Significant Deterioration (PSD) —40 CFR 52.21;
c)
Hazardous Air Pollutants:
Regulations Governing Constructed
or
Reconstructed
Major Sources —40 CFR Part 63?
25.
Does the application identify and address
all applicable emissions
LI
Yes
LI
No
standards, including those found in
the following:
a)
Board
Emission Standards
—
35 IAC Chapter
I, Subtitle B;
b)
Federal New Source Performance Standards —40 CFR Part 60;
c)
Federal Standards for Hazardous Air Pollutants
—
40 CFR Parts
61
and 63?
26.
Does the application include a process flow diagram(s) showing
all
Yes
No
emission units and control equipment, and their relationship, for which a
permit is being sought?
27.
Does the application include a complete process descriptLon for the
LI
Yes
LI
No
emission units and control
equipment forwhich
a permit is being sought?
28.
Does the application include the information as contained
in completed
CAAPP forms for all appropriate emission units
and air pollution control
es
equipment,
listing
all applicable
requirements and proposed exemptions
No
from otherwise applicable requirements,
and identifying
and describing
any outstanding legal actions by either the
USEPA or the Illinois EPA?
Note: The use of,”APC” application forms is not appropriate for
applications for CAAPP sources.
CAAPP forms should be used to
supply information.
29.
If the application contains TRADE SECRET information, has such
Y
s
No
information been properly marked and claimed, and have two separate
e
copies of the application suitable for public inspection and notice
been
submitted, in accordancewith
applicable rules and regulations?
LI
Not Applicable, No
TRADE SECRET
information in this
application
Note
1:
Answering “No” to any of the above may result in the application being deemed incomplete.
1”
“
‘‘~
~,k”
“~“
This certification must be signed by a responsible official.
Applications without a signed
certification will
be returned as incomplete.
30.
I
certify under penalty of law that, based on information and belief formed after reasonable
inquiry, the statements and information contained
in this application are true, accurate and
complete.
Authorized
Signature:
BY:
AUTHORIZED SIGNATURE
‘
‘
TITLE OF SIGNATORY
__________________________
________
/
________
/
________
TYPED OR
PRINTED NAME
OF SIGNATORY
DATE
Note 2:
An operating permit forthe construction/modification permitted in a construction
permit must be
obtained
by applying for the appropriate revision to the source’s CAAPP permit, if necessary.
Printed on Recycled Paper
Page
1
of 2
1 99-CAAPP
4-2
10.5
Attachment
5
Guidance
on
Renewing
This
Permit
Timeliness
-
Pursuant
to
Section
39.5(5)
(n)
of
the
Act
and
35
IAC
270.301(d),
a
source
must
submit
to
the
Illinois
EPA
a
complete
CAAPP
application
for
the
renewal
of
a
CAAPP
permit
not
later
than
9
months
before
the
date
of
permit
expiration
of
the
existing
CAAPP
permit
in
order
for
the
submittal
to
be
deemed
timely.
Note
that’
the
Illinois
EPA
typically
sends
out
renewal
notices
approximately
18
months
prior
to
the
expiration
of
the
CAAPP
permit.
The
CAAPP
application
must
provide
all
of
the
following
information
in
order
for
the
renewal
CAA.PP
application
to’be
deemed.complete
by
the
Illinois
EPA:
1.
A
completed
form
200-CAAPP,
APPLICATION
FOR
CAAPP
PERMIT.
2.
A
completed
compliance
certification
for
the
source.
For
this
purpose,
the
Illinois
EPA
will
accept
a
copy
of
the
most
recent
form’
401-CAAPP,
ANNUAL, COMPLIANCE
CERTIFICATION
submitted
to
the
Illinois
EPA.
3.
If
this
is
the
first
time
this
permit
is
being
renewed
and
this
source
has
not
yet
addressed
CAN,
the
application
should
contain
the
information
on
form
464-CAAPP,
COMPLIANCE ASSURANCE
MONITORING
(CAN)
PLAN.
4.
Information
addressing
any
outstanding
transfer
agreement
pursuant
to
the
ERMS.
5.
,
a.
If
operations
of
an
emission
unit
or
group
of
emission
units
remain
unchanged
and
are
accurately
depicted
in
previous
submittals,
the
application
may
contain
a
letter
signed
by
a
responsible
official
that
requests
incorporation
by
reference
of
existing
~
..i-.-,—,.~
~
——
r.!’~~
_...~_1_
~_L’J
~
L’.JIL
~
V JL’2~
.Ly
~
U..LJLIIJ.
L
L~t.i
~LLU
L)LL
L
.L
L~
WJ. Lii
Lii~
Illinois
EPA.
The
boxes
should
be
marked
yes
on
form
200-CAAPP,
APPLICATION
FOR
CAAPP
PERMIT,
as
existing
information
is
being
incorporated
by~reference.
b.
If portions of current operations
are not as
described
in
previous
submittals,
then
in
addition
to
the
information
above
for
operations
that
remain
unchanged,
the application must contain the necessary
information
on
all
changes,
e.g.,
discussion of
changes,
new
or
revised
CAP~PPforms,
and
a
revised
fee
form
292-CAAPP,
FEE
DETERMINATION
FOR
CAAPP
PERMIT,
if
necessary’.
The
Illinois
EPA
will
review
all
applications
for
completeness
and
timeliness.
If
the
renewal
application
is
deemed
both
timely
and
complete,
the
source
shall
continue
to
operate
in
accordance
with
the.
terms
and
conditions
of
its
CAAPP
permit
until
final
action
is
taken
on
the
renewal
application.
5-1
Notwithstanding
the
completeness
determination,
the
Illinois
EPA-
may
request
additional
information
necessary
to
evaluate
or
take
final
action
on
the
CAAPP
renewal
application..
If
such
additional
information
affects
your
allowable
emission
limits,
a
revised
form
292-CAAPP,
FEE
DETERMINATION
FOR
CAAPP
PERMIT
must
be
submitted
with
the
requested
information.
The
failure
to
submit
to
the
Illinois
EPA
the
requested
information
within
the
time frame specified by the Illinois EPA, may force the Illinois
EPA
to
deny
your
CAAPP
renewal
application
pursuant
to
Section
39.5
of
the
Act.
Application
forms
may
be
obtained
from
the
Illinois
EPA
website
at
http://www.epa.state.il.us/air/forms.html.
If
you
have
any
questions
regarding
this
matter,
please
contact
a
permit
analyst
at
217/782-2113.
Mail
renewal
applications
to:
Illinois
Environmental
Protection
Agency
Division
of
Air
Pollution
Control
Permit.
Section
(MC
11)
P.O.
Box
19506
‘
Springfield,
Illinois
62794-9506
5-2
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CHAMPION LABORATORIES, iNC.,
)
)
Petitioner,
)
)
v.
)
PCB-___
)
(CAAPP Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
MOTION
TO STAY EFFECT
WENESS
OF CAAPP PERMIT
NOW
COMES
Petitioner, CHAMPION LABORATORIES, INC., (“Champion
Labs” or “Petitioner”), by and through its attorneys, HODGE DWYER ZEMAN and
hereby moves the Illinois Pollution Control Board (“Board”) to stay the effectiveness of
Champion Labs’ Clean Air ActPermit Program
(“CAAPP”)
permit in this matter,
pursuant to
35
Ill. Admin. Code
§
105.304(b).
In support thereof ChampionLabs states as follows:
1.
On June 24, 2002, the Illinois Environmental
Protection Agency (“Illinois
EPA”) apparently issued a final CAAPP
permit (No.
96020041) for Champion Labs’
West Salem, Illinois facility.
IllinoisEPA did not notify ChampionLabsofthe issuance
ofthis permit.
2.
Today, October 14, 2003, Champion Labs has filed a Petition forReview
in order to preserve its right to appeal in this matter.
3.
TheBoard has recognized four standards, provided by Illinois law, which
it may look to in helping determine whether or not to grant a stay.
Nielsen & Bainbridge,
L.L.C.
v.
IEPA, PCB 03-98 (Feb. 6, 2003).
These standards are:
1) a certain and clearly
ascertainable right needs protection; 2) irreparable injury will occur without the
injunction; 3) no adequate remedy at law exists; and 4) there is aprobability ofsuccess
on the merits. Nielsen& Bainbridge, L.L.C. v.
IEPA, PCB 03-98 (Feb.
6, 2003), citing
Motor Oils Refining Company. Inc.
v.
IEPA, PCB 89-116 (Aug.
31,
1989).
The Board
has also noted that the likelihood ofenvironmental harm is ofparticular concern when
determining whether or not to grant a stay. CommunityLandfill Company and Cityof
Morris v.
IEPA, PCB 01-48 and 01-49 (Oct.
19,
2000).
4.
A stayofeffectiveness ofthe
CAAPP
permit is needed to prevent
irreparable harmto the Petitioner, and to protect a certain and clearly ascertainable right
ofthe Petitioner, the right to appeal permit conditions.
5.
The Illinois EPA, the
public, and the environment will not be harmed if a
stay is granted.
6,
For the reasons set forth in the Petition for Review, Petitioner is likely to
prevail on the merits and has no adequateremedy at law.
2
WHEREFORE,
the Petitioner,
CHAMPION
LABORATORJES, INC.,
moves the
Illinois Pollution Control Board to grant a stay ofeffectiveness ofCHAMPION
LABORATORIES, INC.’S CAAPP permit until the Illinois Pollution Control Board’s
final action in this matter.
Respectfully submitted,
CHAMPION LABORATORIES, iNC.,
Petitioner,
By:
~
~‘
One ofIts Attorneys
Dated:
October 14, 2003
Katherine D. Hodge
Cassandra L. Karimi
HODGE DWYER ZEMAN
3150Roland Avenue
Post Office Box
5776
Springfield, Illinois
62705-5776
(217) 523-4900
CHLA:001/FillMotionto Stay
3
STATE OF ILLINOIS
)
)SS.
COUNTY OF EDWARDS
)
AFFIDAVIT OF MARY KAYE SN~RDON
I, Mary Kaye Smerdon, being first duly sworn,
depose and state as follows:
1.
I am over the age of eighteen and am otherwise competent to execute this
Affidavit.
2.
I am currently employed as Loss Control Manager for Champion
Laboratories, Inc.
(“Champion Labs”).
3.
I have been employed at Champion Labs for twenty-one years in various
positions where part ofmy job
was to oversee environmental management.
4.
I oversee environmental management
at the West
Salem,
Illinois facility
(the “Facility”)
in addition to my
other duties.
As part ofthis, I receive environmental
documents for the Facility and maintain records ofthese.
5.
On February
12,
1996, Champion Labs submitted an application for a
Clean Air Act Permit Program
(“CAAPP”) permit for the Facility to the Illinois
Environmental Protection Agency (“Illinois EPA”).
6.
In early September
2003, Champion Labs’
consultant, Charles B.
Gjersvik,
the Senior Project Manager for Secor International Incorporated, informed me
that Jack Yates, the permit analyst at the Illinois EPA, had told him that the Illinois EPA
had issued
a final CAAPP permit forthe Facility
on June 24,
2002.
7.
The Illinois
EPA failed to provide notification to Champion Labs
regarding the issuance ofthe final CAAPP permit for the Facility.
I did not receive a
copy ofthis permit
by mail or other delivery method.
8.
Immediately upon hearing from Mr. Gjersvik that the Illinois EPA had
issued a final CAAPP permit,
Champion Labs contacted the Illinois EPA to verif;y the
issuance ofthe CAAPP permit for the Facility and requested a copy ofthe final CAAPP
permit.
9.
On or about September 9,
2003, the Illinois EPA issued a copy ofthe final
CAAPP permit for the Facility to
Champion Labs.
I received this copy on September
10,
2003.
(See the file-stamped copy ofthe June 24, 2002, permit,
attached as Exhibit B to
the Petition for Review).
10.
Champion Labs then properly appealed this CAAPP permit within 35
days
of issuance ofthe copy ofthe CAAPP permit.
11.
I have read the foregoing Petition For Review and hereby certify that the
information submitted in the Petition For Review ofthe Illinois EPA’s final CAAPP
permit is true and complete to the best ofmy knowledge, after due
inquiry regarding the
same.
2
12.
I have reviewed this Affidavit and all ofthe statements set forth herein are
true and correct to the best of my knowledge.
FURTHER AFFIANT SAYETH NOT.
Subscribed and sworn to before
n~91is/.~3~day
ofOctobei 2003.
Notary Public
CHLA:UOlfFil/Affidavit
~aye
erdon
MARTHA R. JORDAN
NOTARY PUBLIC
STATE
OF ILLINOIS
~L~~I~.SION
EXPIRES
1/15/06
3
