RECEIVED
CLERK’S OFFICE
DEC ~ ~
BEFO9(TBfl~421
~
LONE STAR INDUST~,W\~J)
Pollution Control Board
Petitioner,
)
PCB~~
-
(CAAPP Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE OF FILING
TO:
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
(VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED)
(PERSONS ON ATTACHED SERVICE LIST)
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of
the Illinois Pollution Control Board an original and nine copies each of an ENTRY OF
APPEARANCE OF KATHERINE D. HODGE, ENTRY OF APPEARANCE OF N.
LADONNA DRIVER, PETITION FOR REVIEW and MOTION TO STAY
EFFECTIVENESS OF CAAPP PERMIT, copies of which are herewith served upon
you.
Respectfully submitted,
LONE STAR INDUSTRIES, INC.,
Petitioner,
By:
Dated: December 27, 2002
Katherine D. Hodge
N. LaDonna Driver
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
)
)
One of Its
THIS FILING SUBMITTED ON RECYCLED PAPER
CERTIFICATE OF SERVICE
I, Katherine D. Hodge, the undersigned, hereby certify that I have served the
attached ENTRY OF APPEARANCE OF KATHERINE D. HODGE, ENTRY OF
APPEARANCE OF N. LADONNA DRIVER, PETITION FOR REVIEW and MOTION
TO STAY EFFECTIVENESS OF CAAPP PERMIT upon:
Ms. Dorothy M. Gunn
Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Robert C. Sharpe, Esq.
Deputy 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 States Mail, in Springfield, Illinois on
December 27, 2002.
D. Hodge
LONE: 00 1/Fl 1/NOF-COS
CLERK’S OFFICE
DEC 3 0 2002
BEFO’
CONTgOI.s~O4MPa3NO1S
Pollution Control Board
LONE STAR IND’
Petitioner,
PCB~3~/
(CAAPP Per it Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
ENTRY OF APPEARANCE OF KATHERINE D. HODGE
NOW COMES Katherine D Hodge, of the law firm of HODGE DWYER
ZEMAN, and hereby enters her appearance on behalf of Petitioner, LONE STAR
INDUSTRIES, INC.
Respectfully submitted,
LONE STAR INDUSTRIES, INC.,
Petitioner,
By:____
KatherIne D. Hodge
Dated: December 27, 2002
Katherine D. Hodge
N. LaDonna Driver
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
)
LONE:00
I/FiI/EOA-KDH
CLrPL’1
.-.rrI7’p
DEC 3 0 2002
CONTROL5~)AIk49ILLINOIS
1
Pollution Control
Board
LONE STAR
Petitioner,
PCBL23~/
)
(CAAPP Pe
it 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 behalf of Petitioner, LONE STAR
INDUSTRIES, INC.
Respectfully submitted,
LONE STAR INDUSTRIES, INC.,
Petitioner,
7-)
By:__________________________
“
N. LaDonna Driver
Dated: December 27, 2002
Katherine D. Hodge
N. LaDonna Driver
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
)
)
LONE:00 I/FiI/EOA-NLD
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BORI~lSSTAtE Of
~ 0
IWINUIS
2002
LONE STAR INDUSTRIES, INC.,
)
Pollution Control Board
)
Petitioner,
v.
)
PCB~-9~
)
(CAAPP Pet/nit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
PETITION FOR REVIEW
NOW COMES, Petitioner, LONE STAR INDUSTRIES, INC. (hereinafter “Lone
Star” or “Petitioner”), 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 III. Admin. Code § 105.Subpart C, and petitions the Board for review of the Clean
Air Act Permit Program (“CAAPP”) permit granted to Lone Star by the Illinois
Environmental Protection Agency (“Illinois EPA”) pursuant to Section 39.5 of the Act on
November 22, 2002.
In support thereof, Lone Star states as follows:
1.
Lone Star owns and operates a Portland cement manufacturing facility in
Oglesby, Illinois, which is classified as a “major source” for purposes of Title V ofthe
Clean Air Act and Section 39.5 of the Act.
2.
Pursuant to Section 504 of the Clean Air Act (42 U.S.C. § 7661b(c)) and
Section
39.5(5)
of the Act, Lone Star submitted an application for a CAAPP permit for its
Oglesby, Illinois facility to the Illinois EPA on August 3, 1995.
3.
On or about September 25, 2002, Illinois EPA sent to public notice a
proposed CAAPP permit for this facility and also provided a copy of the proposed permit
to the United States Environmental Protection Agency (“USEPA”). However, Lone Star
was afforded no opportunity to review the draft permit prior to its public notice (despite
the fact that Illinois EPA had advised Lone Star that it would provide notice prior to
review of the pending CAAPP application, so as to afford the applicant with an
opportunity to update and supplement its pending application).
4.
During the 45-day comment period provided pursuant to Section 505d of
the Clean Air Act (42 U.S.C. § 766 Id) and Section 39.5 (8) and (9) of the Act, Illinois
EPA received no written objection from the USEPA and, with the exception of Lone
Star’s comments (which are attached hereto as Exhibit A), received no comments from
the public or any “affected states.”
5.
On November 22, 2002, Illinois EPA granted a final CAAPP permit for
the Lone Star Oglesby facility. (The November 22, 2002, permit is attached hereto as
Exhibit B.) The final CAAPP permit utilizes an overall “fast track” approach of
establishing “emission limitations” and other requirements by referencing and
incorporating conditions contained in previously issued State Operating and Construction
Permits. (See Section 7.1.6(a) of Exhibit B.) Moreover, the final CAAPP permit
establishes “applicability provisions and applicable regulations” by referencing and
incorporating potentially applicable regulations. (See Section 7.1 .3(c), (d) and (e) of
Exhibit B.) This approach is neither supported in the record before the Illinois EPA nor
supported by applicable law, because a number of inconsistencies are establishedvialhe
conditions in the various permits attached to the CAAPP permit. Similarly, there are a
number of inconsistencies and actual conflicts between the conditions of the various
permits and the referenced regulations. In addition, since May 2002, Lone Star has been
2
involved in discussions with the Illinois EPA permit staff regarding revisions to special
conditions contained in several of the previously issued State Operating and Construction
Permits. Such requested revisions were neither included in the proposed nor the final
CAAPP permit. The Illinois EPA’s failure to allow Lone Star the opportunity to review
the draft permit prior to its public notice resulted in a CAAPP permit that does not truly
reflect current operations at the Oglesby facility.
6.
By merely referencing and incorporating requirements contained in the
previously issued State Operating and Construction Permits and merely referencing and
incorporating potentially applicable regulations, the CAAPP permit does not reflect the
current applicable requirements or the current operations at the Oglesby 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 of this 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.
WHEREFORE, Lone Star petitions the Board for a hearing on the Illinois EPA’s
action to issue this CAAPP permit in this fashion. And, as set forth in the accompanying
3
Motion to Stay Effectiveness of CAAPP Permit, Lone Star requests that the effectiveness
of the CAAPP permit be stayed until the Board’s final determination in this matter.
Respectfully submitted,
LONE STAR INDUSTRIES, INC.
Petitioner,
By:______
ne ofIts Attorneys
Dated: December 27, 2002
Katherine D. Hodge
N. LaDonna Driver
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
LONE:OOI/Fil/Petition for Review
4
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
LONE STAR INDUSTRIES, INC.,
)
)
Petitioner,
)
)
v.
)
PCB-___
)
(CAAPP Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
MOTION TO STAY EFFECTIVENESS OF CAAPP PERMIT
Petitioner, LONE STAR INDUSTRIES, INC. (“Lone Star”), by and through its
attorneys, HODGE DWYER ZEMAN, hereby moves the Board to stay the effectiveness
of Lone Star’s Clean Air Act Permit Program (“CAAPP”) permit in this matter, pursuant
to 35 Ill. Adm. Code 105.304(b).
In support thereof, Lone Star states as follows:
1.
On November 22, 2002, the Illinois Environmental Protection Agency
(“Illinois EPA”) issued a final CAAPP permit (No. 95080005) for Lone Star’s Oglesby,
Illinois facility;
2.
Today, December 27, 2002, Lone Star has filed a Petition for Review in
order to preserve its right to appeal in this matter;
3.
A stay of effectiveness of the CAAPP permit is needed to prevent
irreparable harm to the Petitioner and to protect a certain and clearly ascertainatxieright
ofthe Petitioner, the right to appeal permit conditions.
4.
The Illinois EPA, the public, and the environment will not be harmed if a
stay is granted.
5.
The Illinois EPA has indicated that it has no objection to the granting of
the stay.
WHEREFORE, the Petitioner moves the Board to grant a stay of effectiveness of
Lone Star’s CAAPP permit until the Board’s final action in this matter.
Respectfully submitted,
LONE STAR INDUSTRIES, INC.
Petitioner,
By:
One of Its Attorneys
b’
(Mc
Dated: December 27, 2002
Katherine D. Hodge
N. LaDonna Driver
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
LONE:OOI/FII/Motion
to
Stay
2