ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 15, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
by LISA MADIGAN, Attorney
)
General of the State of Illinois,
)
Complainant,
)
vs .
)
PCB 05-51
ENVIRONMENTAL HEALTH & SAFETY
)
(Enforcement-Air)
SERVICES, INC ., an Illinois corporation,
)
Respondent .
)
NOTICE OF FILING
TO :
Mr. Bryan G. Selander
Schlueter Ecklund
4023 Charles Street
Rockford, IL 61108
Mr. Bradley P. Halloran, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph, Suite 11-500
Chicago, IL 60601
PLEASE TAKE NOTICE that I have today electronically filed with the Office of
the Clerk of the Illinois Pollution Control Board a copy of Complainant's Response to
Motion for Extension of Time to File an Amended Response to Request for Admission of
Facts, a copy of which is attached and herewith served upon you
.
By :
(
it'f- )
IA
er
."7i~
Dated :
Katherine M. Ha s th
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General of the State of Illinois
By: Assistant Attorney General Katherine M . Hausrath
Environmental Bureau
188 West Randolph, 20 th Floor
Chicago, IL 60601
312-814-0660
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, MARCH 15,2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
by LISA MADIGAN, Attorney
)
General of the State of Illinois,
)
Complainant,
)
v .
)
PCB No. 05-51
ENVIRONMENTAL HEALTH &
)
(Enforcement - Air)
SAFETY, SERVICES, INC ., an Illinois
corporation,
)
Respondent .
)
RESPONSE TO RESPONDENT'S MOTION FOR EXTENSION OF TIME
Now comes the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, and pursuant to Section 101 .500(d)
of the Illinois Pollution Control Board's ("Board") Procedural Rules, 35 111 . Adm. Code
101.500(d), hereby responds and objects to Respondent's, ENVIRONMENTAL
HEALTH & SAFETY, SERVICES, INC . ("EH&S"), Motion for Extension of Time to
File an Amended Response to Request for Admission of Fact ("Motion for Extension of
Time")
.
I.ApplicableLegal Standard
1
.
Section 101.522 of the Board's Procedural Rules, 35 Ill . Adm. Code
101.522 (emphasis added), provides as follows
:
The Board or hearing officer, for
good
cause shown on a motion after notice to
the opposite party, may extend the time for filing any document or doing any act
which is required by these rules to be done within a limited period, either before
or after the expiration of time
.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 15, 2006
2
.
Leave to file a sworn response to a Supreme Court Rule 216
1 Request for
Admission of Facts once the twenty-eight day limit has expired should not be granted
without a showing of good cause
.
Bright v. Dicke, 166 Ill.2d 204, 205, 652 N.E.2d 275,
275 (1995). "Inadvertence" or mistake by the attorney is not sufficient to establish "good
cause" for an extension of time under Supreme Court Rule 183
.2 Greene v. City of
Chicago, 73 I11.2d 100, 108, 382 N .E.2d 1205, 1209 (1978). Also, the "mere absence of
inconvenience or prejudice to the opposing party" does not satisfy the "good cause"
requirement of Supreme Court Rule 183
.
Bright, 166.111.2d at 209, 652 N.E.2d at 277
.
II. Grounds for Denying Respondent's Motion for Extension of Time
On December 19, 2005, Complainant served a Request for Admission of
Facts ("RFA") on EH&S, via first-class mail. EH&S' Response to Complainant's RFA
was due on or before January 23, 2006
.
2
.
On January 17, 2006, EH&S served on Complainant a Response to
Complainant's RFA, which was signed only by Respondent's attorney, and not by
EH&S. Responses to a request for admission of facts that are signed and verified by the
lawyer and not the party do not satisfy the requirement of a sworn statement denying the
request . Moy v . Ng, 341 Ill.App.3d 984, 991,793 N.E.2d 919, 926 (1st Dist. 2003) .
3
.
Complainant did not receive EH&S' sworn Amended Response to the
RFA until March 9, 2006; it was filed on March 3, 2006
.
4 .
EH&S has not stated "good cause" for its failure to file the sworn
responses to Complainant's RFA within twenty-eight days . In a correspondence dated
'
Both Supreme Court Rule 216(c) and Section 101 .618(f) of the Board's Procedural Rules deem a fact
admitted if a sworn denial is not served within twenty-eight days of service of the requests
.
2
The wording of Supreme Court Rule 183 and Section 101 .522 of the Board's Procedural Rules regarding
the extension of time for filing is virtually identical
.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 15, 2006
February 9, 2006, Respondent's attorney apologized for the "oversight," but did not give
a reason for its failure to file the sworn responses on or before January 23, 2006
.
5
.
In Respondent's Motion for Extension of Time, Respondent states that the
principal officer of EH&S was out of town for much of February . Respondent's Motion
for Extension of Time, 12. This fact does not constitute good cause for EH&S' failure to
file a sworn response on or before January 23, 2006
.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the hearing officer enter an order denying Respondent's Motion
for Extension of Time because Respondent has not shown "good cause" for its failure to
file sworn responses to Complainants RFA within twenty-eight days
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
by LISA MADIGAN
Attorney General of the State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
ROSEMARIE CAZEAU, Chief
Environmental Bureau
Assistant Attorney General
BY :
J a
.
KATHERINE M. HAU R TH
Assistant Attorney General
Environmental Bureau North
188 West Randolph St ., 20`h Floor
Chicago, Illinois 60601
312-814-0660
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 15, 2006
CERTIFICATE OF SERVICE
I, KATHERINE M. HAUSRATH, an Assistant Attorney General, do certify that I
caused to be mailed thisf day of March, 2006, the foregoing RESPONSE TO
MOTION FOR EXTENSION OF TIME TO FILE AN AMENDED RESPONSE TO
REQUEST FOR ADMISSION OF FACTS by first-class mail in a postage prepaid
envelope to Mr. Halloran and by certified mail to Mr. Selander, and depositing same with
the United States Postal Service located at 188 West Randolph Street, Chicago, Illinois,
60601
.
It is hereby certified that a true copy of the foregoing Notice was electronically
filed with the following on MarchJS , 2006 :
Dorothy M. Gunn
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph, Suite 11-500
Chicago, IL 60601
KATHERINE M. HAUSR
H
Assistant Attorney General
Environmental Bureau
188 West Randolph, 20'h Floor
Chicago, IL 60601
312-814-0660
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006
* * * * * PCB 2006-148 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Caterpillar Logistics, Inc .,
)
Petitioner,
)
V
.
)
PCB No .
Illinois Environmental Protection Agency,)
Permit Appeal - Air
Respondent.
)
NOTICE OF FILING
TO
:
Ms. Dorothy M. Gunn
Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
(VIA ELECTRONIC FILING)
(PERSONS ON ATTACHED SERVICE LIST)
PLEASE TAKE NOTICE that on March 14, 2006, I filed with the Office of the Clerk of
the Illinois Pollution Control Board by electronic filing Caterpillar Logistics, Inc .'s PETITION
FOR REVIEW and ENTRY OF APPEARANCE OF PATRICIA F . SHARKEY, copies of which
are hereby served upon you
.
Dated: March 14, 2006
Respectfully submitted,
Caterpillar Logistics, Inc .
By :
/s/ Patricia F. Sharkey
One of its Attorneys
Patricia F. Sharkey
Mayer, Brown, Rowe & Maw LLP
71 South Wacker Drive
Chicago, Illinois 60606-4637
(312) 782-0600
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006
* * * * * PCB 2006-148 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Caterpillar Logistics, Inc .,
)
Petitioner,
)
v .
)
PCB No
.
Illinois Environmental Protection Agency,
)
Permit Appeal - Air
Respondent .
)
ENTRY OF APPEARANCE OF PATRICIA F. SHARKEY
NOW COMES PATRICIA F. SHARKEY, and hereby enters her appearance in this
matter on behalf of Caterpillar Logistics, Inc
.
Dated: March 14, 2006
Respectfully submitted,
Caterpillar Logistics, Inc
.
By :
/s/ Patricia F. Sharkey
One of its Attorneys
Patricia F. Sharkey
Mayer, Brown, Rowe & Maw LLP
71 South Wacker Drive
Chicago, Illinois 60606-4637
(312) 782-0600
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006
* * * * * PCB 2006-148 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL . BOARD
Caterpillar Logistics, Inc .,
)
Petitioner, )
v
.
)
NCB No .
Illinois Environmental Protection Agency, )
Permit Appeal - Air
Respondent.
)
PETITION FOR REVIEW
NOW COMES Caterpillar Logistics, Inc. ("Caterpillar"), by its attorney, Mayer, Brown,
Rowe & Maw LLP, and petitions for review of Operating Permit No .730900071 issued by the
Division of Air Pollution Control of the Illinois Environmental Protection Agency ("Illinois
EPA") on February 7, 2006
.
In support thereof, Petitioner states
:
I
.
On December 22, 2005, Caterpillar filed an application to amend its March 23,
2003 Operating Permit No . 730900071 to clarify two points related to the coating line
.
2 .
On February 7, 2006, the Illinois EPA Division of Air Pollution Control issued a
revised Operating Permit No. 7309000071 which included the clarifications, but also deleted any
reference to an emergency diesel generator which was authorized to operate under the March 26,
2003 permit .
3
.
Caterpillar believes the emergency diesel generator was deleted in error . We
believe this error may have been due to the fact that the Illinois EPA used a 2001 version of the
permit, rather than the more recent 2003 permit, to reprint the existing permit terms in the
February 7, 2006 permit revision .
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, MARCH 14, 2006
* * * * * PCB 2006-148 * * * * *
4
.
Caterpillar has filed a request for an administrative permit revision to correct this
error and has no reason to believe the permit won't be revised as requested . However, in order to
preserve its right to continue to operate the emergency generator, as needed, until such time as a
revised operating permit can be issued, Caterpillar is required to appeal the deletion of the
emergency generator permit conditions as they existed in the March 26, 2003 permit
.
A copy of the February 7, 2006 permit with the emergency generator terms re-
inserted and shown in underscoring is attached hereto as Attachment A
.
WHEREFORE, Caterpillar petitions the Board for a hearing and determination reversing
the Illinois EPA's deletion of the above referenced emergency diesel generator conditions from
Operating Permit No. 73090071 as issued on February 7, 2006
.
Dated: March 14, 2006
Respectfully submitted,
Caterpillar Logistics, Inc
.
By :
/s/ Patricia F. Sharkey
One of its Attorneys
Patricia F. Sharkey
Mayer, Brown, Rowe & Maw LLP
71 South Wacker Drive
Chicago, Illinois 60606-4637
(312) 782-0600
PERMITTEE
Caterpillar, Inc .
Attn: Michael Montgomery
100 North-East Adams Street
Peoria, Illinois 61602
Application No .
:
73090071
I.D. No .
: 179050AAA
Applicant's Designation
:
Date Received :
December 22, 2005
Subject
:
Boilers and Painting Line
Date Issued : February 7, 2006
Expiration Date :
February 7, 2007
Location
: 500 North Morton Avenue. Morton
Permit is hereby granted to the above-designated Permittee to OPERATE emission unit(s)
and/or air pollution control equipment consisting of two natural gas-fired boilers
one
coating line, and one em_crgenc v diesel uenerator pursuant to the above-referenced
application. This Permit is subject to standard conditions attached hereto
and the following
special condition(s)
:
Ia
.
This permit shall expire 180 days after the Illinois EPA sends a written request
for
the renewal of this permit .
b .
This permit shall terminate if it is withdrawn or is superseded by a revised permit
.
2a.
The two boilers are subject to New Source Performance Standards (NSPS) for small
Industrial-Commercial-institutional Steam Generating Units, 40 CER 60, Subparts A
and Dc. The Illinois EPA is administering these standards in Illinois on behalf of the
United States EPA under a delegation agreement,
b .
The Permittee shall fulfill applicable reporting and recordkeeping requirements of
40 CFR 60.48(c) .
At all times the Permittee shall, to the extent practicable, maintain and operate the
boiler, including associated air pollution control equipment, in a manner consistent
with good air pollution control practice for minimizing emissions
.
Operation and emissions of two boilers (combined) shall not exceed the following
limits :
Natural Gas Usage: 20 mmscf/month, 220 mmscf/year
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, MARCH 14, 2006
* * * * * PCB 2006-148 * * * * *
ATTACHMENT A
OPERATING PERMIT
Deleted: a m
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006
* * * * * PCB 2006-148 * * * * *
These limits are based on the maximum boilers operations and standard emission
factors given by AP-42. Compliance with annual limits shall be determined on a
monthly basis from a running total of 12 months of data
.
4 .
The coating line is subject to and shall comply with the volatile organic materials
(VOM) emission limitations of 35111 . Adm. Code Part 215, Subpart F : Coating
Operations. Compliance with the requirements of this subpart is achieved through
the use of compliance coating pursuant to 35 111 . Adm . Code 215.204(j)(2). (3) and
(k)(2). The VOM content of the coatings, as applied, shall not exceed 3.5 lbs./gallon
excluding water and any compounds which are specifically exempted from the
definition of VOM for 215 .2040)(2) and (3) and 4 .3 lbs/gallon for 215.204(k)(2)-
extreme performance top coat coating
.
Operation and emissions of (he diesel emergency generator shall not exceed the
following limits
:
Operating Hours : 500 hours/month and 500 hours/year
Emissions
(Tons/Mo)
(Tons/Yr)
15 .2
15.2
3 .5
3.5
2 .5
2.5
0 .4
0.4
0 .4
0.4
These limits are based on the maximum engine operation rate, sulfur content of the
fuel less than 0.5% and standard emission factors (AP-42, Table3 .4-1)
. Compliance
with annual limits shall be determined on a monthly basic from a runnim" total of 10
months of data
.
The emissions of FIAPs as listed in Section 112(b) of the Clean Air Act shall not
- roeleted:5
equal or exceed 10 tons per year of any single FLAP or 25 tons per year of any
combination of such HAPs, or such lesser quantity as USEPA may establish by rule
Pollutant
Emission Factor
(Lbs/hp-Fir)
Nitrogen Oxides (NOx)
0.024
Carbon Monoxide (CO)
0.0055
Sulfur Dixoide (SO2,)
0.0040
Particulate Matter (PM)
0.0007
Volatile Organic Material
0.0007
(V OM)
Page 2
Pollutant
Emission Factor
(Lbs/mmscf)
Emissions
(Tons/Mo)
(Tons/Yr)
Nitrogen Oxides (NOx)
100
1 .0
11 .0
Carbon Monoxide (CO)
84
0.8
9.2
Particulate Matter (PM)
7.6
0.1
0.8
Volatile Organic Material
(VOM)
5.5
0.1
0.6
Pa
g
e 3
7
Ia
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006
* * * * * PCB 2006-148 * * * * *
which would require the Perminee to obtain a Clean Air Act Permit Program permit
from the Illinois EPA. As a result of this condition, this permit is issued based on the
emissions of any HAP from this source not triggering the requirement to obtain a
Clean Air Act Permit Program permit from the Illinois EPA
.
The VOM emissions from coating and clean-up operations shall not exceed
6 .7 tons/month and 72.0 tons/year.
Deleted:
6
The emissions of VOM and HAP shall be determined from the following equation
:
E _ ~'(S, x C,)
Where :
E -
VOM/IIAP emissions (ton) ;
S,-
individual coating. thinner and clean-up solvent usage (Ion) :
C, -
VOM content of the individual coating and solvent (weight fraction)
:
These limits are based on the maximum production rate . Compliance with annual
limits shall be determined from a running total of 12 months of data .
The Permiuee shall maintain monthly records of the following items
:
Names and amounts of coatings and solvents used (gallons/mon(h,
gallons/year)
;
b
.
VOM and HAP content of coatings and solvents (lbs/gallon) ;
VOM and HAP emission calculations (Ions/month, Ions/year) ;
VOM compliance calculations (lbs/gallon)
: and
e
Emergency_ generator operating hours (hrhno, hr/yr).
All records and logs required by [his permit shall be retained at a readily accessible
location at the source for at least three years from the date of entry and shall be made
available for inspection and copying by the Illinois EPA or USEPA upon request
.
Any records retained in an electronic formal
(e.g ., computer) shall be capable of
being retrieved and printed on paper during normal source office hours so as to be
able to respond to the Illinois EPA request for records during the course of a source
inspection
.
if there is an exceedance of the requirements of [his permit as determined by the
Deleted : s
records required by this permit, the Permittee shall submit a report to the Illinois
EPA's Compliance Section in Springfield, Illinois within 30 days after the
exceedance. The report shall include the emissions released in accordance with the
Deleted :
. 7. .
.
{
Deleted :
and
{Dateted : s
Page 4
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006
* * * * * PCB 2006-148 * * * * *
recordkceping requirements, a copy of the relevant records, and a description of the
exceedance or violation and efforts to reduce emissions and future occurrences
.
1 h
Two (2) copies of required reports and notifications concerning equipment operation
Deleted : In
or repairs, performance testing or a continuous monitoring system shall be sent to
:
Illinois Environmental Protection Agency
Division of Air Pollution Control
Compliance Section (#40)
P .O. Box 19276
Springfield. Illinois 62794-9276
and one (1) copy shall he sent to the Illinois EPA's regional office at the following
address unless otherwise indicated
:
Illinois Environmental Protection Agency
Division of Air Pollution Control
5415 North University
Peoria, Illinois 61614
12- It should he noted that this permit has been revised to revise permit limits
.
It also should be noted that during the review of this application it was determined that
potential to emit (PTE) of volatile organic materials (VOM) from your facility exceeds
major source threshold level of 100 tons per year and your facility is classified as a major
source pursuant to Section 39.5(2)(c) of Illinois Environmental Protection Act. You shall
apply for a Clean Air Act Permit Program (CAAPP) permit at least six months before the
permit expiration date
.
To avoid the CAAPP permitting requirements, you may want to consider applying for a
Federally Enforceable State Operating Permit (FESOP) if your actual emissions are below
the major threshold levels. A FESOP is an operating permit which contains federally
enforceable limits in the form of permit conditions which effectively restrict the potential
emissions of a source to below major source threshold, thereby excluding the source from
the CAAPP .
If you have any questions on this, please call Valeriy Brodsky at 217/782-2113
.
Donald E. Sutton, P.E
.
Manager, Permit Section
Division of Air Pollution Control
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006
PCB 2006-148
CERTIFICATE OF SERVICE
I, Patricia F. Sharkey, an attorney, hereby certify that I have served Caterpillar Logistics,
Inc.'s PETITION FOR REVIEW and ENTRY OF APPEARANCE OF PATRICIA F
.
SfIARKEY upon
:
Ms. Dorothy M. Gunn
Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
(Electronic Mail)
Donald Sutton
Manager, Permit Section
Division of Air Pollution
Bureau of Air
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
(U .S
. Mail)
as indicated above, by e-mail and/or by depositing said document in the United States Mail,
postage prepaid, in Chicago, Illinois on March 14, 2006
.
/s/ Patricia F. Sharkey
Patricia F. Sharkey
Patricia F. Sharkey
Mayer, Brown, Rowe & Maw LLP
71 South Wacker Drive
Chicago, Illinois 60606-4637
(312) 782-0600
Robert A. Messina
Chief Legal Counsel
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
(U .S. Mail)
