OMNI BIOENERGY, LLC,
PETITIONER
VS.
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
RESPONDENT
June 22, 2006
Harvey M. Sheldon
Hinshaw & Culbertson LLP
222 North LaSalle Street, Suite 300
Chicago, IL 60601-1081
Tel
. 312-704-3504 ; Fax 312-704-3001
E-mail
: hsheldon@hinshawlaw .com
Submitted on Recycled Paper
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S OFFICE
JUN 2 ?
2006
To: Hon. Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R
. Thompson Center
100 W. Randolph St ., Suite 11-500
Chicago, Illinois 60601
Appearance of Counsel, copies of which are
NOTICE OF FILING AND
CERTIFICATE OF SERVICE
Pollution
OControl Board
PCB NO
. '4
~'7
(AIR-Appeal Deadline)
( 90
Day Extension )
Sally Carter, Esq .
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
PO Box 19276
Springfield, IL 62794-9276
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the Pollution
Control Board the Joint Notice And Request For Extension Of Time For Permit Appeal
of Omni Bioenergy, LLC and the Illinois Environment Protection
ncy, and related
Harvey
on, Attorney for Petitioner
6071252v1 838204
Harvey M . Sheldon
Hinshaw & Culbertson LLP
222 North LaSalle Street, Suite 300
Chicago, IL 60601-1081
Tel . 312-704-3504 ; Fax 312-704-3001
Submitted on Recycled Paper
CERTIFICATE OF SERVICE
I, the undersigned attorney, certify that I have today prior to 5 :00 PM served the attached the
Joint Notice And Request For Extension Of Time For Permit Appeal of Omni Bioenergy, LLC
and the Illinois Environmental Protection Agency, together with Notice of Filing thereof and
related Appearance of Counsel, by actual filing of an original and nine copies of each with the
Clerk of the Board and by mailing a true copy thereof to the following persons :
Sally Carter, Esq
.
Special Assistant Attorney General
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
PO Box 19276
Springfield, IL 62794-9276
June 22, 2006
6071252v1838204
BEFORE THE ILLINOIS POLLUTION CONTROL BOAI~~
LERK'S
C
l W
OFFICE
I V E D
JUN 2 2 2006
OMNI BIOENERGY, LLC,
)
Pollution
STATE OFControl
ILLINOIS
Board
PETITIONER
)
VS .
)
PCB NO .
OL4 ~ ~
ILLINOIS ENVIRONMENTAL PROTECTION
)
(AIR-Appeal Deadline)
AGENCY,
)
(90 Day Extension )
RESPONDENT
)
APPEARANCE OF COUNSEL
Harvey M. Sheldon and Hinshaw & Culbertson LLP hereby file their appearance as
counsel for the Petitioner, Omni Bioenergy, LLC . Please address all notices, orders, pleadings
and correspondence as follows
:
Harvey M. Sheldon
Hinshaw & Culbertson LLP
222 North LaSalle Street, Suite 300
Chicago, IL 60601-1081
June 22, 2006
Harvey M. Sheldon
Hinshaw & Culbertson LLP
222 North LaSalle Street, Suite 300
Chicago, IL 60601-1081
Tel. 312-704-3504 ; Fax 312-704-3001
E-mail: hsheldon@hinshawlaw.com
Submitted on Recycled Paper
6071082v1 838204
JUN-21-2006
14 :53
DLC LEGAL
P .05
REDEBVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUN
2 4 zoos
OMNI BIOENERGY, LLC,
STATE OF
ILLINOIS
)
Pollution Control Board
Petitioner,
)
V .
)
PCB
fN
(Air-90 Day Extension)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
APPEARANCE
The undersigned, as one of its attorneys, hereby enters her APPEARANCE on
behalf of Respondent, Illinois Environmental Protection Agency .
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Sally C er
Assistant Counsel
Division of Legal Counsel
Date: June 21, 2006
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
217/782-5544
TOTAL P .05
JUN-21-20L6
14 :52
DLC LEGAL
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S OFFICE
JUN 2 2 2006
OMNI BIOENERGY, LLC,
Pollution
STATE OF
Control
ILLINOISBoard
)
PETITIONER
)
vs.
)
PCB NO._
v
ILLINOIS
ENVIRONMENTAL PROTECTION
)
AGENCY,
(AIR-Appeal Deadline)
)
( 90 Day Extension )
RESPONDENT
)
JOINT NOTICE AND REQUEST FOR EXTENSION
OF TIME FOR PERMIT APPEAL
NOW COME Omni Bioenergy, LLC
., Petitioner, and the Illinois Environmental
Protection Agency, Respondent, by their undersigned respective counsel, and pursuant to
Section
40 (a)(1)
of the Illinois Environmental Protection Act (415 ILCS 5/40(a)(1)), and
35 111 . Adm .
Code 105
.208(a), hereby jointly provide written notice and request that this Board extend the
time for appeal of the Construction Permit-NSPS Source, Application No
. 06010015 (the
"Construction Permit"), a true copy of which is attached hereto as Exhibit A
.
The parties stipulate to and respectfully request an extension of 90 days, to and including
September 20, 2006, for Petitioner to file a Petition for Review of the Construction Permit
. Omni
Bioenergy, LLC
. represents that the requested date is within 125 days of service of the
Construction Permit on Petitioner
.
In support of this Joint Notice and Request, the parties further submit
:
1
. The Construction Permit dated May 16, 2006 was mailed to Petitioner on May 18, 2006
.
According to Petitioner, the date of service by mail is May 22, 2006
.
As such, the 35th day after
service and last day for appeal of the Construction Permit is presently June 26, 2006
.
Submitted on Recycled Paper
6070906v1 838204
P .03
JUN-21-2006
14 :53
DLC LEGAL
P .04
2. Petitioner has substantive concerns regarding certain conditions of the permit, and the
Respondent is willing to review the Petitioners concerns .
3 . The parties agree that additional time would be useful to allow negotiations that may
eliminate the need to submit a formal appeal
.
WHEREFORE, the parties respectfully request the Board grant an extension of this
period for filing an appeal of this permit to and including September 20, 2006
.
OMNI BIOENERGY, LLC
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By: ,4~&t^
June 21, 2006
Harvey M. Sheldon
Hinshaw & Culbertson LLP
222 North LaSalle Street
Chicago, IL 60601
Tel. 312-704-3504
Fax 312-704-3001
Submitted on Recycled Paper
Harvey M. Sheldon
An Attorney for Petitioner
Sally Carter
Special Assistant Attorney General
Assistant Counsel
6070906x1 838200
JUN-21-2005
14 :52
DLC LEGAL
e
1021 NORTH GRAND AVENUE EAST, P .O . Box 19276,
SPRINGFIELD, ILLINOIS 62794-9276-( 217) 782-3397
P .02
JAMES R . THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 11-300,
CHICAGO, IL 60601 - (312) 814-6026
ROD R . BLAGOJEVICH, GOVERNOR
DOUGLAS P . SCOTT, DIRECTOR
June 21, 2006
Harvey M . Sheldon
Hinshaw & Culbertson LLP
222 North LaSalle Street
Chicago, Illinois 60601-1081
Re: Omni Bioenergy, LLC Request for Ninety Day Extension
of Appeal Period
Dear Mr
. Sheldon
:
Please find the Request for Ninety Day Extension of.
Appeal Period and my Appearance
as previously discussed . Thank you for filing the same
with the Pollution Control Board .
Upon receipt of file-stamped copies, please forward a copy to my office
. If you have any
questions, please do not hesitate to call .
Sincerely,
Sally arter
Assistant Counsel
cc:
Bob Bernoteit
BUREAUROCKFORD
SPRINGFIELD
of LAND-4302
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6001662234-(618)
693-5463IL
61820-(847)
-346-5120(217)
294-4000278-5800
PRINTED ON RECYCLED PAPER
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
e
217/782-2113
PERMITTEE
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH CRAM) AVENUE EAST, P .0, Box 19506, SPRINGEIELO, .ILLINOIS 62794-9506-( 217) 782-2113
Rot)
R . BLAGO)E V CH, GOVERNOR
DOUGLAS P . SCOTT, DIRECTOR
Omni Bioenergy, LLC
Attn : Alex Dodd
Post Office Box 1593
Granite City, Illinois 62040
ApplicationNo
. : 06010015
I .D . No . : 119040ATM
Applicant'sDesignation :
Date Received :
January 5, 2006
Subject
: Biodiesel Plant
Date Issued : May 16, 2006
Location : 2801 Rock Road, Granite, City
Permit is hereby granted to the above-designated Permittee to CONSTRUCT
emission source(s) and/or air pollution control equipment consisting of :
Pipe Header Connected to all Process Tanks,
10,000 Gallon Sulfuric Acid Storage Tank,
5 .118
- mmBtu/Hour Natural Gas Fired Thermal Oil Boiler
43 .3 - mmBtu/Hour Natural. Gas Fired Steam Boiler
pursuant to the above-referenced application
. This Permit is subject to
standard conditions attached hereto and the following special condition(s) :
1 .
This permit is issued based on the Potential to Emit (PTE) for
Hazardous Air Pollutants (HAP) for Hazardous Air Pollutants (HAP) as
listed in Section 112(b) of the Clean Air Act being less that 10
tons/year of any single HAP and 25 tons/year of any combination of such
HAPs . As a result, this permit is issued based on the emissions of all
HAPs from this source not triggering the requirements of Section 112(g)
of the Clean Air Act .
2 .
This facility is subject to New Source Performance Standards (NSPS), 40
CFR 60, Subparts A, VV, RRR and NNN . The Illinois EPA is administering
these standards in Illinois on behalf of the United States EPA under a
delegation agreement .
3 .
The owner or operator shall comply with the applicable provisions based
on 40 .CFT 60, subpart VV "Standards of Performance for Equipment Leaks
of VOC in Synthetiq Organic chemicals manufacturing industry"
.
The owner of operator shall comply with the applicable provisions based
on 40 CFR 60, subpart NNN "Standards of Performance of Volatile Organic
Compound Emissions from Synthetic Organic chemical Manufacturing
Industry (SOCMI) Distillation Operations" . Pursuant to 40 CFR
60
.660(c)(6) each affected facility operated with a vent stream flow
rate less than 0 .008 scm/min (0 .2825 scfm) is exempt from all provision
of this subpart except for the test method and procedure and the
recordkeeping and reporting requirements in 60 .664(g) and (i), (1)15),
and (o) of 60 .665
.
CONSTRUCTION PERMIT
-
NSPS SOURCE
txw,an- A
.
PRINTED ON RECYCLED PAPER ,
Page 2
5 .
This permit is
issued based on the source not being subject to 40 CFR
GO, subpart RRR "Standards of Performance for Volatile Organic
Emissions for Synthetic Organic Chemical Manufacturing
. Industry (SOCMI)
Reactor Processes", via 40 CFR 60
.700(c)(1) "Any reactor process that
is designed and operated as a batch operation is not an affected
facility .
6 .
No person shall cause or allow any visible emissions of fugitive
particulate matter from any process, including any material handling or
storage activity beyond the property line of the emission source,
pursuant to 35 111 . Adm, Code 212 .301 .
7 .
With the exception of fuel combustion emission sources and acid
manufacturing, no person using sulfuric acid shall cause or allow the
emission of sulfuric acid and/or sulfur trioxide from all other similar
emission sources at a plant or premises to exceed 0
.10 pounds in any
one hour period for sulfuric acid usage less than 1,300 tons/year
; of
0
.50 pounds per ton of acid used for sulfuric acid usage greater than
or equal to 1,300 tons/year, pursuant to 35 111
. Adm . Code 214 .303 .
sa .
No person shall cause or allow the discharge of more than 8 lbs/hour of
organic material (VOM) into the atmosphere form any emission unit,
pursuant to 35 Ill . Adm
. Code 219 .301 .
b .
In the event that the operation of this emission unit results in an
odor nuisance, the Permittee shall take appropriate and necessary
actions to minimize odors, including but not limited to, changes in raw
material. or installation of controls, in order to eliminate the odor
nuisance .
9 .
Emissions of facility shall not exceed the following limits
:
VOM/HAP (Methanol)
Emissions
Sulfuric Acid Mist
Equipment
(Tons/Month) (Tons/Year)
(Tons/Month) (Tons/Year)
Vapor Header
0 .096
0 .96
Sulfuric Acid Tank
0 .193
1 .93
These limits are based on maximum production rates, and 8000 hours per
year of operation
. These emission limits will be adjusted
based on test
results required in this permit
. Compliance with annual limits shalll
be determined from a running total of 12 months of data
.
Page 3
These limits
define the potentiall emissions of VOM, PM, NO.,
and CO and
are based
on maximum usage, 8,000 hours of operation, and AP-42, Tables
1 .4-1 and 1 .4-2 emission factors .
. Compliance with annual limits shall
be determined from a running total of 12 months of data .
b
. Natural gas shall be the only fuel combusted in the boilers
. Use of
any other fuel requires a permit change .
lla . Within 60 days of startup, the VOM
and HAPS emissions of header
connected to all process tanks shall be measured during conditions
which are representative of maximum emissions
. These tests shall
determine the emissionss in pounds of VOM and HAPs emission rates
. . The
following performance test shall also be conducted with feedstock
containing the highest HAPs content which source is to use in their
production of bio-diesel .
b . In conducting the performance test required
in 40 CPR 60
.8 the
Permittee shall use as reference methods and procedures the test
methods in 40 CFR 60, Appendix A or other methods and procedures as
specified in 40 CFR 60
.485, except as provided in 40 CFR 60 .8(b) .
C . The Permittee shall determine compliance with the standards in 40 CFR
60 .482 as follows
:
i .
Method 21 shall be usedd to determine the presence of leaking
sources
. The instrument shall be calibrated before use each day
of its use in the procedures specified in Method 21
. The
following calibration gas shall be used :
A .
Zero air (less that 10 ppm of hydrocarbon in air)
; and
B .
Mixture of methane of n-hexane and air at a concentration
of about, but less the, 10,000 ppm methane or n-hexane
.
d . Permittee shall determine compliance with the no detectable emission
standards in 40 CFR 60 .482-3(i), 40 CFR 60 .482-4, and 40 CFR
60 .482-7(f) as follows :
The requirement of 40 CFR 6.0
.485(b) shall apply .
10a . Emissions and operation of the two boilers shall not exceed the
following limits :
Material (mmscf/Mo)
(mmscf/Yr) Pollutant
Emission
Factor
(Lb/mmscf)
Emissions
(T/Mo) (T/Yr)
Natural
38
380
NO,,
100
1 .90
19 .0
Gas
CO
84
1.60
16.0
PM
7 .6
0 .15
1 .5
VOM
5 .5
0 .11
1 .1
s0,
0 .6
0 .20
0 .2
Page 4
Method 21 shall be used to
determine the background
level . All
potential leak
interfaces shall be traversed as close to the
interface as possible
. The arithmetic difference between the
maximum concentration indicated by
the instrument and the
background level is compared with 500 ppm for determining
compliance .
e
. Permittee shall test each piece of equipment unless it is demonstrated
that a process unit is not in VOC service
i .e ., that the VOC content
would never be reasonably expected to exceed 10 percent by weight
f
. Engineering judgment may be used to estimate the VOC content, if
a
piece of equipment had not been shown previously to be in service
. If
the IEPA disagrees with the judgment, 40 CFR 60
.485(d)(1) and (2) shall
be used
.
Permittee shall demonstrate that an equipment is in light liquid
service by showing that
alll
the following conditions apply
:
i
The vapor pressure of one or more of the components is greater
than 0 .3 kPa at 20 Celsius (1
.2 in H2O
at 68 Fahrenheit) .
The total concentration of the pure components having vapor
pressure greater than 0 .3 kPa at 20
Celsius (1 .2 in H20 at 68
Fahrenheit) is greater than 20 percent by weight
.
9 .
iii
. The fluid is a liquid at operating conditions
.
h
. Samples used in conjunction with 40 CFR 60
.485(d) and (e) shall be
representative of the process fluid that is contained in or contacts
the equipment
.
i
. Method 18, gas chromatography or any agency acceptable alternative
testing for gaseous organic compound emissions, shall be used to test
the drying process .
12
. At least 30 days prior to the actual date of testing, a written test
plan shall be submitted to the Compliance Section of the Division of
Air Pollution Control for review
. This plan shall describe the
specific procedures for testing, including as a minimum
:
a
the person(s) who will be performing samplingg and analysis and
their experience with similar tests
.
b .
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 emission unit and any control
equipment will be determined .
Page
5
d . The
test method(s),
which will be used, with the specific
analysis method, if the method can be used with different
analysis methods
.
e .
Any minor changes in
standard methodology proposed to accommodate
the specific circumstances'of testing, with justification
.
Any proposed use of an alternative test method, with detailed
justification .
9 .
The specific determinations of emissions and operation,
which are
intended to be made, including sampling and monitoring locations
.
The format and content of the Source Test Report
.
13 .
Copies of the Final Report(s) for these tests shall be submitted to the
Illinois EPA within 14 days after the test results are compiled and
finalized .
14 .
Fourteen days after completion of sampling, the Final Report shall
include as a minimum :
a .
A summary of results
b .
General information
c .
Description of test method(s), including description of sampling
points, sampling train, analysis equipment, and test schedule
d .
Detailed description of test conditions, including
i
Process information,, i .e
.,
mode(s) of operation, process
rate, e
.g
. fuell or raw material consumption
ii .
Control equipment information, i
.e ., equipment condition
and operating parameters during testing, and
iii
. A discussion of any preparatory actions taken,
i .e .,
inspections, maintenance and repair
a .
Data and calculations, including copies of all raw data sheets
and records of laboratory analyses, sample calculations, and data
on equipment calibration
f .
An explanation of any discrepancies among individual tests or
anomalous data
9 .
The results of all quality control evaluation, including a copy
of all quality control data .
15 .
Satisfactory completion of these tests so as to demonstrate compliance
with applicable emission limits is a prerequisite to issuance of an
Page 6
operating permit, pursuant to 35 111
. Adm . Code 201 .160(a), (b) and
(c) .
16 .
The Permittee shall maintain monthly records of the following items :
a .
Amount of raw material used in
process (tons/month and
tons/year) ;
b .
VOM and HAP content in all feed stock
(' by weight)
c .
Natural gas usage for the boilers (therms/month and therms/year) ;
and
d .
NO,, CO, VOM, PM and HAP emissions with supporting calculations
(tons/month and tons/year)
.
17 .
All records and logs required by this 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 upon request . Any records retained in an
electronic format (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 an Illinois EPA request for records during the course of
a source inspection
.
18 .
If there is an exceedance of the requirements of this permit as
determined by the 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 reportt
shall include the emissions released in accordance with the
recordkeeping requirements, a copy of the relevant records, and a
description of the exceedance or violation and efforts to reduce
emissions and future occurrences .
19 .
Two (2) copies of required reports and notifications 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 be sent
to the Illinois EPA's regional office at
the following address unless otherwise indicated :
Illinois Environmental Protection Agency
Division of Air Pollution Control
9511 West Harrison
Des Plaines, Illinois 60016
It should be noted that the Illinois EPA's Division of Water Pollution
Control has determined that the waste water stream for your facility requires
Page 7
a construction Permit in accordance with
. 35 Ill . Adm . Code 309 .202(a) .
If
you have any questions
regarding this requirement, contact the Division of
Water Pollution
Control at
217/782-0610
.
If
you have any questions on this permit, please
contact George Kennedy at
217/782-2113 .
Donald E
. Sutton, P .E .
Manager, Permit Section
Division of Air Pollution Control
DES :GMK:.psj
cc :
Region i
July 1, 1986
The Illinois Environmental Protection Act (Illinois Revised Statutes, Chapter 111-1/2, Section 1039) authorizes the
Environmental Protection . Agency to impose conditions on permits which it issues
.
The following conditions are applicable unless susperseded by special condition(s) .
1
. Unless this permit has been extended or it has been voided by a newly issued permit, this permit will expire one
year from the date of issuance, unless a continuous program of construction or development on this project has
started by such time
.
2. The construction or development covered by this permit shall be done in compliance with applicable provisions of
the Illinois Environmental Protection Act and Regulations adopted by the Illinois Pollution Control Board
.
3
. There shall be no deviations from the approved plans and specifications unless a written request for modification,
along with plans and specifications as required, shall have been submitted to the Agency and a supplemental
written permit issued .
4
. The permittee shall allow any duly authorized agent of the Agency upon the presentation of credentials, at
reasonable times :
a.
to enter the permittee's property where actual or potential effluent, emission or noise sources are located or
where any activity is to be conducted pursuant to this permit,
b.
to have access to and to copy any records required to be kept under the terms and conditions of this permit,
c.
to inspect, including during any hours of operation of equipment constructed or operated under this permit,
such equipment and any equipment required to be kept, used, operated, calibrated and maintained under this
permit,
d.
to obtain and remove samples of any discharge or emissions of pollutants, and
e,
to enter and utilize any photographic, recording, testing, monitoring or other equipment for the purpose of
preserving, testing, monitoring, or recording any activity, discharge, or emission authorized by this permit
.
5. The issuance of this permit
:
a.
shall not be considered as
in any manner affecting the title of the premises upon which the permitted
facilities are to be located,
b.
does not release the permittee from any liability for damage to person or property caused by or resulting from
the construction, maintenance, or operation of the proposed facilities,
c.
does not release the permittee from compliance with other applicable statutes and regulations of the United
States, of the State of Illinois, or with applicable local laws, ordinances and regulations,
d.
does not take into consideration or attest to the structural stability of any units or parts of the project, and
IL 532-0226
APC 166 Rev . 5/99
Printed on Recycled Paper
090-005
STATE OF ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
DIVISION OF AIR POLLUTION CONTROL
P . 0 . BOX 19506
SPRINGFIELD, ILLINOIS 62794-9506
STANDARD CONDITIONS FOR CONSTRUCTION/DEVELOPMENT PERMITS
ISSUED BY THE ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
For assistance in preparing a permit
application contact the Permit
Section .
Illinois Environmental Protection Agency
Division of Air Pollution Control
Permit
Section
1021
H. Grand Ave E
.
P,o,Boa 19506,
Springfield, Illinois
or a regional office of the
Field Operations Section,
The regional offices and their
areas of responsibility are
shown on the map . The
addresses and telephone .
numbers of the regional
offices are as follows :
Illinois EPA
Region I
Bureau of air, FOS
9511 West Harrison
Des Plaines, Illinois.60016
847/294-4000
Illinois EPA
Region 2
5415 North University
Peoria, Illinois 61614-
309/693-5463
Illinois EPA
Region 3
2009 Mall Street
Collinsville, Illinois 62234
618/346-5120
DIRECTORY
ENVIRONMENTAL PROTECTION AGENCY
BUREAU OF AIR
62794-9506
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