BEFORE THE ILLINOIS POLLUTION CONTROL BOARIcLERK'S
RECEIVED
OFFICE
THE PREMCOR REFINING
)
JAN
2 9 2007
GROUP INC .,
)
STATE
F
ILLINOIS
Pollution
Board
Petitioner,
)
PROTECTION AGENCY,
)
Respondent .
)
V .
ILLINOIS ENVIRONMENTAL
TO: Ms. Dorothy M. Gunn
Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
(VIA FIRST CLASS MAIL)
Dated: January 26, 2007
Katherine D. Hodge
Monica T . Rios
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
NOTICE OF FILING
PCB 2007-030
(CAAPP Permit Appeal)
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 the AGREED
MOTION TO SUPPLEMENT ADMINISTRATIVE RECORD, copies of which are
herewith served upon you .
Respectfully submitted,
THE PREMCOR REFINING GROUP INC .,
Petitioner,
By One
of Its Attorneys
THIS FILING SUBMITTED ON RECYCLED PAPER
Carol Webb, Esq .
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Post Office Box 19274
Springfield, Illinois 62794-9274
(VIA FIRST CLASS MAIL)
CERTIFICATE OF SERVICE
I, Monica T. Rios, the undersigned, certify that I have served the attached
AGREED MOTION TO SUPPLEMENT ADMINISTRATIVE RECORD upon
:
Ms . Dorothy M. Gunn
Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Carol Webb, Esq .
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Post Office Box 19274
Springfield, Illinois 62794-9274
Robb H. Layman, Esq .
Assistant Counsel
Division of Legal 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, postage
prepaid, on January 26, 2007 .
PREM-013\Filings\NOF and COS -
Motion to Supplement Administrative Record
r/ruCam- V
^ c
a-t-)
Monica T . Rios
BEFORE THE ILLINOIS POLLUTION CONTROL BOARIf
CLERK'S
E C E
OFFICE
I V E d
THE PREMCOR REFINING
)
GROUP
INC.,
JAN 2 9 2007
)
STATE OF ILLINOIS
Petitioner,
)
Pollution Control Board
v.
)
PCB 2007-030
(CAAPP Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
Respondent .
)
AGREED MOTION TO SUPPLEMENT ADMINISTRATIVE RECORD
NOW COMES Petitioner, THE PREMCOR REFINING GROUP INC
.
(hereinafter "Petitioner"), by and through its attorneys, HODGE DWYER ZEMAN,
pursuant to 35 Ill
. Adm. Code § § 101 .508 and 105 .212, and for its Agreed Motion to
Supplement Administrative Record, states as follows :
1 .
During the time that elapsed between the issuance of the initial draft Clean
Air Act Permit Program ("CAAPP") permit for the public comment period (May 2004)
and the submission of a subsequent draft permit (August 2006) to the United States
Environmental Protection Agency ("USEPA") for review, Premcor applied for, and
received, several construction permits for its facility located in Hartford, Illinois
("Hartford Terminal")
. Construction permit #04070052 allowed for the storage and
loading of ethanol and toluene at the terminal ; permit #05030053 allowed for the
installation of 19 Lube Cube containers ; and permit #050120034 allowed for the
installation of an on-site Soil Vapor Extraction system . In addition, in October 2005,
Premcor notified the Illinois Environmental Protection Agency ("Illinois EPA") of a
change in Responsible Official at the Hartford Terminal
.
2.
On September 19, 2006, the Illinois EPA granted a final CAAPP permit
for the Hartford Terminal . The Illinois EPA failed to make certain changes to the
CAAPP permit, as requested by Premcor prior to September 19, 2006
.
3 .
On October 24, 2006, Premcor filed its Petition for Review ("Petition") of
the CAAPP permit based on the fact that the Respondent failed to incorporate comments
submitted by Premcor into the final CAAPP permit and, as such, the CAAPP permit does
not reflect the current applicable requirements or the current operation of the Hartford
Terminal .
4.
On November 27, 2006, the Respondent filed a Motion to Dismiss the
Petition ("Motion") arguing that the Petition failed "to provide adequate specificity to
apprise either the Board or the Illinois EPA of the subject matter of the appeal ." Motion
to Dismiss ¶5 (requesting the Board dismiss Premcor's Petition or, in the alternative,
require the filing of an amended petition .)
5.
On December 7, 2006, the Illinois EPA filed the Administrative Record
with the Board .
6.
On December 22, 2006, Premcor filed a Motion for Leave to File an
Amended Petition for Review and requested that the Amended Petition attached to that
Motion be deemed filed .
7 .
Premcor's Amended Petition references several documents which are
relevant to Premcor's appeal of the CAAPP permit conditions discussed more fully in the
Amended Petition .
8 .
During its review of the Administrative Record, Premcor discovered that
several of those documents should have been included in, but were omitted from, the
2
Administrative Record . Therefore, Premcor is filing this Agreed Motion to Supplement
Administrative Record, in order to add these documents to the Administrative Record.
9 .
The documents that Premcor seeks to have included in the Administrative
Record consist of the following :
•
Construction Permit #04070052 issued September 29, 2004, regarding the
storage and barge loading of ethanol and toluene, attached hereto as
Exhibit A, Bates stamped 1226-1231
(see also Exhibit F of the Amended
Petition);
•
Construction Permit #05030053 issued June 6, 2005, regarding the
installation of 19 Lube Cube containers, attached hereto as Exhibit B,
Bates stamped 1232-1233 (see also Exhibit G of the Amended Petition) ;
and,
•
A letter dated October 25, 2005, notifying the Illinois EPA of the Change
in Responsible Official and confirmation of delivery of such letter to
Illinois EPA, attached hereto as Exhibit C, Bates stamped 1234-1235
(see
also Exhibit J of the Amended Petition).
10 .
These permits constitute information that Premcor understands the Agency
relied upon in making its final decision regarding the terms of the CAAPP permit, as
reflected by the terms of the CAAPP permit . See 35 Ill. Adm. Code § 105 .212(b)(5)
. In
addition, the letter notifying the Illinois EPA of the change in responsible official is
correspondence with the Agency related to the permit . See 35 111. Adm. Code
§ 105 .212
.(b)(2) .
11 .
Because the Administrative Record is incomplete, Premcor requests that it
be supplemented with the exhibits attached hereto, in order to make available to the
Board all documents relevant to this matter
. For continuity in the Administrative Record,
the attached exhibits have been consecutively numbered with the documents filed as the
Administrative Record by the Illinois EPA .
3
12.
Premcor's counsel has conferred with Respondent's counsel regarding this
Motion, and Respondent has no objection to supplementing the Administrative Record
with the attached exhibits .
WHEREFORE Petitioner, THE PREMCOR REFINING GROUP INC., for the
above stated reasons, respectfully prays that the Board grant this Agreed Motion to
Supplement the Administrative Record, and that the Board award THE PREMCOR
REFINING GROUP INC . all other relief just and proper in the premises
.
Respectfully submitted,
THE PREMCOR REFINING GROUP INC .,
Petitioner,
Dated: January 26, 2007
Katherine D. Hodge
Monica T . Rios
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
PREM-01 3\Filings\Motion to Supplement Administrative Record
By:
6~-YVG
E 0,
Monica T . Rios
4
217/782-2113
PERMITTEE
The Premcor Refining Group, Inca_
Attn :
. Becky Malloy
201 East Hawthorne
Hartford, Illinois
. 62048
Application No
. : 04070052
I .D . No . : 1190SOAAA
Applicant's Designation :
Date Received :
July
Subject : Storage and Barge Loading of Ethanol and Toluene
Date Issued : September 29, 2004
Location : 201 East Hawthorne, Hartford
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
P.O
. Box 19506, SPRINGFIELD, ILLINOLs 62794-9506
RENEE CIPRIANO, DIRECTOR
CONSTRUCTION PERMIT
FILE NUMBER
j7d .65;cj~ Ql
RETAIN IN FILE UNTIL
of
lL
19, 2004
Permit is hereby granted to the above-designated Permittee to CONSTRUCT
emission source(s) and/or air pollution control equipment consisting of a
project for the storage .
and barge loading of ethanol and toluene, as
described in the above-referenced application . This Permit is subject to
standard conditions attached hereto and the following special condition(s)
:
la . . i .
This permit authorizes the Permittee to store ethanol in the
following existing . floating roof tanks : 120-1, 120-2, 120-3,
120-4, 120-5, 120-8, 80-4, 80-5, 80-11, 20-8, 10-20, 5-10, 120-9,
10-5, 10-7, 10-10, and T-72 .
ii .
This permit authorizes the Permittee to store toluene in any two
existing floating roof tanks .
Note : The Permittee may continue to store other materialss such . as
gasolinee as authorized by the source's operating permit(s) .
The Permittee shall operate and maintain tanks storing ethanol and
toluene, including associated control features in accordance with good
air pollution control practice to minimize emissions
.
c . This permit isissued based upon no increase in emissions of volatile
organic material
.(VOM) from the storage of ethanol or toluene, as the
vapor pressures of ethanol and toluenee are less than the vapor pressure
of gasoline, which is currently stored in the tanks .
Operation of the storage facility shall not exceed a toluene throughput
of 300,000 barrels/month and 3,000,000 barrels/year
.
2a .
This permit authorizes the Permittee to load ethanol and toluene at the
river dock .
Note
: The Permittee mayy continue to load other materials such as
gasoline at the river dock as authorized by the source's operating
permit(s) . .
U0144 61,
ROD R . BLAGOIEVICH, GOVERNOR
PRINTED ON RECYCLED PAPER
EXHIBIT
A
b .
The
river dock vapor transfer/flare system shall be operated to control
VOM emissions from loading of ethanol and toluene at all times that
these materials are being loaded at the river dock .
Operation of the river dockk shall not exceed the following limits :
Emissions attributable to the loading of ethanol and toluene shall not
exceed the following limits :
Emissions
Pollutant
(Tons/Mo)
(Tons/Yr) . .
VOM
0
.1 .
0 .98
3 .
The Permittee shall maintain the following records :
Properties of the ethanol and toluene materials handled at the
facility, as needed to calculate VOM emissions rom handling such
materials with supporting documentation
.
b .
Identification and throughput (barrels/month) for each type of
material stored in each tank
c .
Identification and throughput (barrels/month) of each material
loaded at the river dock ;
i .
VOM emissions from the storage of ethanol and toluene
(tons/month and, tons/year),, with supporting calculations
.
VOM emissions from the loading of ethanol and toluene
.
(tons/month and tons/year),, with supporting calculations .
4 .
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 EPAA request for records during the course of
a source inspection .
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 within 30 days after the
exceedance . The report shall include the emissions released in
accordance with the recordkeeping requirements, a copy of the relevant
001,22'7
Throughput . .
Material
(Barrels/Mo) (Barrels/Yr) -
Ethanol
150,000
1,500,000
Toluene
300,000
3,000,000 .
Page 3
records, and
a description
of the
exceedance or violation and efforts
to reduce emissions and future occurrences
.
The Permittee may operate the affected emission' units as provided above
under thispermit until final action is taken on the Clean Air Act'
Permit Program (CAAPP) application for this source .
Please note that this permit does not establishh limits on emissions of
hazardous air pollutants (HAPs) from this modification and does not address
whether the source currently is
aa
majorr source of HAPs or will become a major
source of HAPs as a consequence of this modification .
It you have any questionss on this, please call Jason Schnepp at 217/782-2113
.
o>
2- 5W4,1
30 6
Donald E . Sutton, P .E
.
Manager, Permit Section
Division of Air Pollution Control
STATE OF ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
DIVISION OF AIR POLLUTION CONTROL
P. 0
. BOX 19506
SPRINGFIELD, ILLINOIS 62794-9505
a
STANDARD CONDITIONS FOR CONSTRUCTION/DEVELOPMENT PERMITS
ISSUED BY THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
July 1, 1985
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,
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 a fecting 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,
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
pPC 166 Rev . 5/99
V®Lr ?
7
Printed on RecyckdPaPer
090-005
in no manner implies or suggests that the Agency (or
its officers, agents or employees) assumes any liability,
directly or indirectly, for any loss due to damage, installation, maintenance, or operation of the proposed
equipment or facility .
6, a
.
Unless a joint construction/operation permit has been issued, a permit for operation shall be obtained from
the Agency before the equipment covered by this permit is placed into operation .
b. For purposes of shakedown and testing, unless otherwise specified by a special permit condition, the equip-
ment covered under this permit may be operated for a
period not to exceed thirty (30) days.
7 The Agency' may file a complaint with the Board for modification, suspension or revocation of a permit
:
a .
upon discovery that the permit application contained misrepresentations, misinformation or false statements
or that all relevant facts were not disclosed, or
b. upon finding that any standard or special conditions have been violated, or
upon any violations of the Environmental Protection Actor any regulation effective thereunder as a result of
the construction or development authorized by this permit .
308,230
hrectGTY
Environmental Protection
Agency
Bureau of Air,
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or assistance in preparing a permit
7plication, contact the Permit Section
:
linols EPA
iivision of Air Pollution Control
'ermiit Section
021 N
. Grand Ave E
.
' .O
. Box 19506
ipringfield, Illinois 62794-9506
6171782-2113
Or contact a regional office of the Field
Operations Section
. The regional
offi ces 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 1
Bureau of Air, FOS
9511 West Harrison
Des Plaines, Illinois 60016
9471294-4000
Illinois EPA
Region 2
5415 North Univiversity
Peoria, Illinois 61614
3091693-5461
Illinois EPA
Region 3
2009 Mail Street
Collinsville, Illinois 61234
618/346-5120
001231
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
P.O . Box 19506, SPRINGFIELD, ILLINOIS 62794-9506
Date Issued : June 6, 2005
Location : 201 East Hawthorne, Hartford
This Permitt is hereby granted to the above-designated Permittee to CONSTRUCT
emission source(s) and/or air pollution control equipment consisting of
nineteen 500-gallon double walled containers (Lube Cubes), as described in
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 upon negligible emissions of volatile
organic_ material (VOM) from each lube cube . For this purpose, emissions
shall not exceed nominal emission rates of 0 .1 lb/hour and 0 .18
tons/year .
Note
: the lube cubes may be considered an insignificant activity under
the CAAPP .
Pursuant to 35 IAC 219.121(b), no person shall cause or allow the •
loading of any organic material into any stationary tank having a
storage capacity of greater than 946 1 (250 gal), ., unless such tank is
equipped with a permanent submerged loading pipe
. .
Pursuant to 35 IAC 219 .129(f), the owner orr operator of each storage
vessel specified in 35 IAC 219 .119 shall maintain readily accessible
records of the dimension of each storage vessel and an analysis of the
capacity of the storage vessel ..
Emissions from the lube cubes and all other emission units at the source
shall not exceed the following limits
:
UU1,32
Individual HAPs
Combination of All HAPs
(Tons/Month)
(Tons/Year)
(Tons/Month)
(Tons/Year)
0 8
8 .0
The Permittee shall maintain records of the following items for each
emission unit or group of related units that has the potential to emit
HAPs to verify that the source iss not a major source of HAP emissions .
ROD R . BLAGOIEVICH, GOVERNOR
PRINTED ON RECYCLED PAPER
EXHIBIT
1
RENEE CIPRIANO, DIRECTOR .
217/782-2113
PERMITTEE
ha .
Q/ O
Ift
CONSTRUCTION PERMIT
FILE
NUMBER
The Premcor Refining Group,
Attn : Becky Malloy
201 East Hawthorne
Hartford, .Illinois . 62048
Inc .
RETAIN
IN FILE UNTIL
Application No . : 05030053
I .D . No . : 119050AAA
Applicant's Designation ;
Date Received : March 14,
2005
Subject : Lube Cubes
Page 2
Emissions of RAPS (individual and combination of all HAPs) from
each emission unit orr group of emission units with supporting
documentation and example : calculations (tons/month and
tons/year) .
As an alternative to keeping the above records, the Permittee may
= keep a demonstration, which shall be kept current, that the
maximum emissions of such operations given the maximum level of
activity that could as a practical matter, occur at the source,
would not exceed the applicable limits in Condition 4
.
All records and logs required by this permit shall be retained at a
readily accessible location at the source for at least five years from
the date of entry and shall be made available for inspection and
copying by the Illinois EPAA 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 too be able
to respond toan Illinois EPA request for records during the course of
a source inspection . .
If there is an exceedance of the requirements of this permit as
determined by the records required by this permit, the Permittee shalll
submit aa
report to the Illinois
. EPA within 30 days after the
`exceedance . The report 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 . .
The Permittee may operate the lube cubes under this construction permit
until final action is taken on the Clean Air . Act Permit Program (CAAPP)
application for this source .
If you
have any questions on this, please call Jason Schnepp at 217/782-2113 .
Do--,,t~
f-
(-,-
Donald E
. . Sutton,,P .E .
Manager, Permit Section, .
Division of Air Pollution Control
DES :JMS :psj
cc :
Region 3
001S233
a -
WLERO
?ENERGY
Post
Office Box 696000
CORPORATION
• San Antonio, Texas 78269-6000
October 25, 2005
CERTIFIED MAIL
NO. 7003-2260-0006-6680-0853
RETURN RECEIPT REQUESTED
Mr. Sunil Suthar
Illinois Environmental Protection Agency
Division of Air Pollution Control-Permit Section
1021 North Grand Avenue East
Springfield, IL 62794-9276
Re: Premcor Hartford Distribution Center (IEPA ID 119050AAA)
Notice of Responsible Official Change
Dear Mr . Suthar:
John Tenison, PG - Remediation Manager
Valero Loqistics Operations and Development
Phone : 210/345-4665
• Fax : 210/370-4665
E-mail : john .tenison@valero .co m
This letter is provided as notification to the Illinois Environmental Protection Agency (IEPA) that the
Responsible Official for the Premcor Hartford Distribution Center has changed from Ed Jacoby
- Vice
President of Wholesale, Marketing and Distribution to Paul Brochu -
Vice President of Logistics Operations
and Development. To reflect this change, the draft Clean Air Act Permit Program (CAAPP) Operating
Permit No. 96030082 should be updated to list Paul Brochu as
the Responsible Official . Please note that
Premcor Refining Group Inc
. was recently acquired by Valero Energy Corporation .
If you have any questions concerning this notification, please call me at (210) 345-4665 or Mr
. Tony
Schroeder of Trinity Consultants at (630) 574-9400 .
Sincerely,
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