BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
W.R. MEADOWS, INC .,
)
Petitioner,
)
vs.
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
NOTICE OF FILING
PLEASE TAKE NOTICE that on this 28
Th
day of April 2006, the Petitioner W
.R.
HINSHAW & CULBERTSON LLP
456 Fulton Street, Suite 298
Peoria, IL 61602-1220
309-674-1025
Case No
. PCB 06-140
(Permit Appeal - Air)
MEADOWS, INC ., filed an original and ten (10) copies of the attached
Petition for Review of
Permit Decision
with the Illinois Pollution Control Board, a copy of which is herewith served on
you.
Dated : April 28, 2006
Respectfully Submitted,
On behalf of W.R
. MEADOWS, INC .
By: Hinshaw & Culbertson LLP
400'
This document utilized 100% recycled paper products
REC
E1VED
MAY
-
3 2006
STATE
PollutionOControl
ILLINOISBoard
/ Wit,
One of Its Atto ,eys `
80214710v1865433
BEFORE THE ILLINOIS POLLUTION CONTROL BOAISE C
Er
;
OFFICE#
V ,,,
W.R
. MEADOWS, INC.,
)
MAY
-
3 2025
Petitioner,
)
Pollution
STATE OFControl
ILLINOIS
Board
vs.
)
Case No
. PCB 06-140
ILLINOIS ENVIRONMENTAL (Permit Appeal -
Air)
PROTECTION AGENCY,
)
Respondent .
)
PETITION FOR REVIEW OF PERMIT DECISION
NOW COMES the Petitioner, W
.R. MEADOWS, INC
. (hereinafter "Petitioner or "W.R
.
Meadows"), by and through its attorneys, Hinshaw & Culbertson LLP, and pursuant to Section
40(a)(1) of the Illinois Environmental Protection Act (the "Act"), 415 ILCS 5/40(a)(1) and 35 Ill
.
Admin
. Code Part 105, Subpart B, hereby requests review by the Illinois Pollution Control Board
("Board") of a decision by the Respondent, the Illinois Environmental Protection Agency (the
"Agency" or "IEPA"), to deny Petitioner's Application for Renewal of Operating Permit for
certain emissions sources and manufacturing operations at Petitioner's Hampshire, Illinois,
facility.
In support of its Petition, the Petitioner states as follows
:
1 .
Petitioner, W
.R. MEADOWS, INC.,
is a Delaware corporation authorized to do
business in the State of Illinois .
2.
Petitioner operates a facility located at the common address of 300 Industrial
Drive, Hampshire, Illinois, in Kane County
. The area surrounding the Hampshire facility is
predominantly rural .
3 .
The Petitioner's Hampshire facility has been operating in compliance with
Operating Permit No
. 74010054
. On or about October 31, 2005, Petitioner timely filed its
80214702v 1 865433
Application for Renewal of Operating Permit to continue Operating Permit No
. 74010054 in full
force and effect.
4.
On or about January 25, 2006, Mr
. Donald E
. Sutton, P .E., Manager of the Permit
Section, Division of Air Pollution Control for the IEPA, denied Petitioner's Application for
Renewal of Operating Permit
. A copy of the IEPA's Permit Denial letter dated January 25,
2006, is attached to this Petition as Exhibit 1
.
5.
Petitioner received the IEPA's Permit Denial letter on January 30, 2006, via
certified mail .
On February 24, 2006, the Petitioner and IEPA filed a Joint Request for
Extension of Time to File Petition for Review
. The Joint Request was timely filed within the
thirty-five (35) day "initial appeal period" prescribed by Board Rule 105
.208 and Section
40(a)(I) of the Act
.
6.
On March 2, 2006, the Board issued its Order accepting the Joint Request for
Extension of Time to File Petition for Review and extending the appeal period until April 29,
2006, at the parties request
. The Board's Order further provided that if W
.R. Meadows " . . .fails
to file an appeal on or before that date, the Board will dismiss this case and close the docket
." A
copy of the Board's March 2, 2006, Order is attached to this Petition as Exhibit 2
.
(NOTE
: The caption of the Board's Order incorrectly identifies this matter as a "(UST
Appeal), (90-Day Extension)," but the text of the Order clearly identifies these proceedings as an
appeal of an air permit denial and not an appeal of a determination of the IEPA concerning an
underground storage tank .)
7.
In compliance with the Board's March 2, 2006, Order, Petitioner now files its
Petition for Review within the prescribed extended appeal period
.
2
80214702v1865433
8.
The IEPA's Permit Denial letter states that Petitioner's Operating Permit cannot
be renewed because " . .
.actual emission of volatile organic materials (VOM) from your facility
exceeds Clean Air Act Permit Program (CAAPP) major sources threshold level of 100 tons/year
defined in Section
39.5(2)(c) ."
As a result, IEPA determined that the existing Operating Permit
could not be renewed and Petitioner must submit an application to obtain a Clean Air Act Permit
Program ("CAAPP") Operating Permit pursuant to Section 39
.5 of the Act .
9.
The factual basis for IEPA's Permit Denial, specifically its allegation that "actual
emission" of VOM exceeds 100 tons/year, is incorrect
. The Application for Renewal of
Operating Permit and additional information in the permitting files for the Hampshire facility
demonstrate that actual, non-fugitive emissions from all emissions sources and operations at the
facility do not exceed the 100 tons/year "major source" threshold
.
10 .
Emissions of VOM from sources, equipment and operations at the Hampshire
facility do not exceed the "major source" threshold which would subject the Hampshire facility
to the requirement to obtain a CAAPP Operating Permit pursuant to Section 39
.5 of the Act .
Therefore, IEPA erred in denying Petitioner's Application for Renewal of Operating Permit
;
issuance of a Lifetime Operating Permit for the Hampshire facility is not prohibited by 35 Ill
.
Admin
. Cod Section 201
.169(a)(1), as asserted by the IEPA in its Permit Denial
.
11 .
Renewal of Petitioner's Operating Permit, as requested in Petitioner's Application
for Renewal would be in compliance with all applicable requirements of the Act and the Board's
implementing regulations, including the following
:
a.
In compliance with 35 Ill
. Admin. Code Section 201
.169(a), Petitioner's
Hampshire facility is not subject to the requirements of Section 39
.5 of the Act and is not
required to have a federally enforceable State operating permit
.
3
80214702v1 865433
b.
In compliance with 35 Ill
. Admin . Code 201 .169(a)(2) and
(b)(2),
Petitioner filed its Application for Renewal of Operating Permit within the time period
provided by the IEPA
; the existing Operating Permit had not expired under 35 Ill
. Admin.
Code Section 201
.169(b)(2) and therefore, the terms and conditions of said Operating
Permit should have remained in effect pending issuance by IEPA of a new or revised
Operating Permit .
c
. Petitioner has made no changes at the Hampshire facility that would
require issuance of a revised Operating Permit pursuant to 35 Ill
. Admin. Code Section
201
.169(c), or which would remove the Hampshire facility from applicability under
Section 201 .169.
12 .
The IEPA should have renewed Petitioner's existing Operating Permit
as
requested in Petitioner's timely submitted Application for Renewal of Operating Permit
.
Issuance of the renewed Operating Permit would be in full compliance with the Act and the
Board's implementing regulations
.
WHEREFORE, for the foregoing reasons, the Petitioner respectfully requests that the
Board reverse the IEPA's January 25, 2006, Permit Denial and enter an Order directing IEPA to
issue a new Operating Permit with no revisions or alterations, in compliance with 35 Ill
. Admin.
Code 201
.169 and all other applicable provisions of the Act and implementing Board
regulations.
4
80214702v 1 865433
Dated
: April 28, 2006
Respectfully Submitted,
On behalf of W
.R. MEADOWS, INC .
By: Hinshaw & Culbertson LLP
HINSHAW & CULBERTSON LLP
456 Fulton Street, Suite 298
Peoria, IL 61602-1220
309-674-1025
-
$1
Jo
It
}J
. Its
ettoAtt
.
This document utilized 100% recycled paper products
80214702v1865433
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
W.R. MEADOWS,
Petitioner,INC
., ))
vs.
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that on this 28`' day of April 2006, I have served the
attached Petition for Review of Permit Decision,
by depositing same via First Class U .S. Mail
with proper postage prepaid, upon the following persons :
Dorothy M. Gunn, Clerk
Robb Layman
Illinois Pollution Control Board
Assistant Counsel - Bureau of Air
James R . Thompson Center
Division of Legal Counsel
100 West Randolph Street, Suite 11-500
Illinois Pollution Control Board
Chicago; IL 60601
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Dated : April 28, 2006
Respectfully Submitted,
On behalf of W .R. MEADOWS, INC
.
By
: Hinshaw & Culbertson LLP
HINSHAW & CULBERTSON LLP
456 Fulton Street, Suite 298
Peoria, IL 61602-1220
309-674-1025
Case No. PCB 06-140
(Permit Appeal - Air)
alett
0 of Its Attorneys
This document utilized 100% recycled paper products
80212615v1 865433
Exhibit 1
M
do ,
d ICiOl
1021 Note
GRAND AVENUE EAST, P .O
. BOA 195U6, SPRINGFIELD, ILLINOIS 62794-9506
ROD R . BLACOIEVICFI, GOVERNOR
DOUGLAS P . SCOTT, DIRT
t(R :
217/782-2113
C
ILLINOIS ENVIRONMENTAL PROTECTION AG,E
PERMIT DENIAL
January 25, 2006
W . R . Meadows, Inc .
Attn : David Carey
300 Industrial Drive
Hampshire,
Illinois 60140
Application No .k
.
74010054
I .D . No . :
08904SAAL
Applicant's Designation_
I£ecei$ed :
_
October 31 . 2005
Operation of :
Asphalt Saturation Line, Mixers 6c- StJ
Location :
300 Industrial Drive, Hampshire
The
referenced
Illinois
projectEPA
has
. -reviewed
The permit
your
application
application
is DENIED
for Operatingbecause-t'e'
P4,r,
the Illinois Environmental Protection Act (Act) and 35`I11 . Adm :
be violated
.
The following' ate specific reasons why the Act and the Rulesand
be met ;
1 .
information available to the Illinois EPA indicates that
volatile Organic materials (VOM) from your facility
exC'gj
Permit Pro-paw (CAAPP) major source threshold level of i
Sectiondefined
1n Section
(1)
39 .5(2)(c)a
Lifetime
. Therefore,
Operating
pussugntPermit
canes,
to'
to Section 39 :5 of` the Act, you must submit the Clean!3}
(CAAPP) a4pl.ioat.ion .
The Illinois SPA wil;7a:be,pleased to review a reapplication Pq-,.
includes the necesee r information and documentation to correC4
noted above . In'accoraance with 35 111 . Adm . Code 201,157,
tb=3e
incorporate by r&P2 oe
the data and information submitted-, O'
the original
pe zi Plication, provided that you certify thA,
information pre4lonf*-submitted remains true, correct and cu
r
reapplication will be .considered filed on the date it is receit
and will const}sutsie new permit application for purposes of;,
Act- Two copies of this information must be submitted and shot
application and I . D
. numbers assigned above
.
If you have any„
c~,e
i9ns
on this,
6DC-,4-44
Donald E . Sutton,_ _P_
Manager, Permit sectdSsn
Division Of Air
Pollttion
Control
DES :VJB :psj
cc :
Region 1
Julie Armab
e0/c0'd
SPTZ PIE 6t?e
please call Valeriy Brodsky
Compliance and Enforcement Section
SM0003W -d-M .,~
7)182-2113
t) a°_'above
=aiii9' 3"9 .5 of
201"
1t9 might
,$sign of
it Act
.Year
cording
ogram
Illinois EPA
e the-the
Z
IT, 9002-0£-N3r
Exhibit
2
ILLINOIS POLLUTION CONTROL BOARD
March 2, 2006
W.R. MEADOWS, INC.,
)
Petitioner,
)
v.
)
PCB 06-140
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
(90-Day Extension)
PROTECTION AGENCY,
)
Respondent .
)
ORDER OF THE BOARD (by G.T. Girard) :
On February 24, 2006, the parties timely filed a joint notice to extend the 35-day period
within which W .R. Meadows, Inc . (W.R
. Meadows) may appeal a January 30, 2006
determination of the Illinois Environmental Protection Agency (Agency)
.
See
415 ILCS
5/40(a)(1) (2004) ; 35 Ill . Adm . Code 105 .206(c), 105 .208(a), (c).
The Agency denied renewal of
the operating permit for certain existing equipment and processes at W
.R. Meadows' facility at
Hampshire, Kane County .
The Board extends the appeal period until April 29, 2006, as the parties request
. See 415
ILCS 5/40(a)(1) (2004) ; 35 Ill . Adm. Code 105
.406 . If W.R. Meadows fails to file an appeal on
or before that date, the Board will dismiss this case and close the docket .
IT IS SO ORDERED .
I, Dorothy M . Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on March 2, 2006, by a vote of 4-0 .
Dorothy M
. Gunn, Clerk
Illinois Pollution Control Board
