To :
Ms
. Dorothy Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
100 W. Randolph Street, Ste. 11-500
Chicago, Illinois 60601
PLEASE TAKE NOTICE that on February 23, 2007, pursuant to 35 Ill Adm . Code ยง
105 .102(a), we filed with the Illinois Pollution Control Board an original and eleven (11) copies
of the Permit Appeal and Request for Hearing regarding the Construction Permit, Application
No. : 06100061 issued January 23, 2007 . A copy of the Permit Appeal and Request for
Hearing and Appearances are attached hereto and served upon you
.
NORTH AMERICAN LIGHTING, INC
.
By
Jeryl L. Olson
James L. Curtis
SEYFARTH SHAW LLP
131 S . Dearborn Street, Suite 2400
Chicago, Illinois 60603
312-460-5000
Dated: February 23, 2007
CHI 11176899 .1
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
NORTH AMERICAN LIGHTING, INC ., a
Michigan corporation,
Petitioner,
V .
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent .
NOTICE OF FILING
PCB -07-)aX!1fX
Permit Appeal - Air
Mr. Ed Bakowski
Acting Manager, Permit Section
Illinois Environmental Protection Agency
Division of Air Pollution Control
1021 N. Grand Avenue, East
Springfield, Illinois 62702
(THIS FILING IS MADE ON RECYCLED PAPER)
RECEIVED
CLERK'S OFFICE
FEB 2 3 2007
Pollution
STATE OF
Control
ILLINOISBoard
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
NORTH AMERICAN LIGHTING, INC
., a
Michigan corporation,
Petitioner,
V .
Inc.
CHI 11174310 .1
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent .
Jeryl L
. Olson
Seyfarth Shaw LLP
131 S
. Dearborn, Suite 2400
Chicago, Illinois 60603
312-460-5802
February 23, 2007
APPEARANCE
I hereby file my appearance in this proceeding, on behalf of North American Lighting,
Respectfully submitted,
NORTH AMERICAN LIGHTING, INC .
By:
PCB -07-}WF<X
Permit Appear -
Air
(THIS FILING IS SUBMITTED ON RECYCLED PAPER)
RECEPV
CLERK'S OFFICE
ED
FEB 2 3 2007
Pollution
STATE OF
Control
ILLINOISBoard
NORTH AMERICAN LIGHTING, INC
., a
Michigan corporation,
Petitioner,
V .
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent .
Inc.
James L. Curtis
Seyfarth Shaw LLP
131 S
. Dearborn, Suite 2400
Chicago, Illinois 60603
312-460-5802
February 23, 2007
CHI 11174310 .1
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S OFFICE
APPEARANCE
I hereby file my appearance in this proceeding, on behalf of North American Lighting,
Respectfully submitted,
NORTH AMERICAN LIGHTING, INC
.
By
:
James
4%C&
L
. Curtis
a4-
(THIS FILING IS SUBMITTED ON RECYCLED PAPER)
FEB 2 3 200?
STATE OF ILLINOIS
Pollution Control Board
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have served the attached PERMIT APPEAL AND
REQUEST FOR HEARING, and APPEARANCES of Jeryl L
. Olson and James L . Curtis this
23rd day of February 2007 upon :
CHI 11176899 . 1
VIA HAND DELIVERY
Ms. Dorothy Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
100 W. Randolph Street, Ste . 11-500
Chicago, Illinois 60601
VIA U .S . MAIL
Mr
. Ed Bakowski
Acting Manager, Permit Section
Illinois Environmental Protection Agency
Division of Air Pollution Control
1021 N. Grand Avenue, East
Springfield, Illinois 62702
CHI 11176899 .
1
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARf
CLERK'S
E C E
OFFICE
IV E D
NORTH AMERICAN LIGHTING, INC .
)
Petitioner,
)
v.
)
ILLINOIS ENVIRONMENTAL PROTECTION )
AGENCY,
)
Respondent .
)
FEB 2 3 2007
Pollution
STATE OF
Control
ILLINOIS
Board
PCB
Permit
-07
Appeal
aec
-AirI
I
PERMIT APPEAL AND REQUEST FOR HEARING
North American Lighting, Inc
. ("North American"), through its attorneys, Seyfarth Shaw
LLP, and pursuant to 35 Ill . Adm
. Code Part 105
.102(a), hereby seeks review of certain terms
and conditions of the Construction Permit No
. 0610061, (I.D.
045030ACD) issued on January
23, 2007
. In support of this Appeal, North American states as follows
:
1 .
North American owns and operates a facility at 2275 South Main Street, Paris,
Illinois.
2.
On October 24, 2006, North American filed with the Illinois Environmental
Protection Agency (the "Agency"), an application for a construction permit for five (5) paint
spray booths (with controls) for plastic parts coating, and four bulk molding compound units
.
The permit was being sought under Section 39 of the Illinois Environmental Protection Act, and
35 Ill . Adm . Code Part 201
. The new units will be located at North American's Paris, Illinois
facility
. A complete description of the emissions and of the proposed methods of control of
emissions associated with the construction project is contained in the Permit Application
attached hereto as Exhibit A
.
3.
A draft construction permit was issued by the Agency on January 19, 2007, and
North American submitted comments to the Agency on January 22, 2007 . The comments
highlighted certain errors made by the Agency in paragraph 4(a) of the permit, including errors
citing existing emissions limits, errors in the prospective emissions associated with the
construction project, and errors in the post-construction total facility VOM emissions .
4
. The Construction Permit ("Permit") was issued by the Agency the day following
North American's comments, on January 23, 2007 (See, Exhibit B) ; that permit did not correct
the errors identified by North American in its comments on January 22, 2007
.
5.
For the reasons set forth below, North American maintains that the erroneous
existing emissions limits, emissions associated with the construction project, and post-
construction total plantwide VOM emissions limits cited in paragraph 4(a) of the Construction
Permit are critical errors because they are inconsistent with the Title V permit and other permits
previously issued to North American
. The contradictory emissions limits in various permits
create confusion for North American, the public, USEPA and the Agency, by not stating a
consistent standard by which to measure compliance, and thus presents potential enforcement
and undue hardship for North American
. Further, the errors, if accepted as true, would limit
emissions below levels at which the facility can operate, and would affect the facility's ability to
make modifications in the future .
a.
First, paragraph 4(a) indicates that the construction permit seeks increased annual
permitted emissions of 98 .8 tons per year VOM ; this is an error
. The construction
permit submitted to the Agency actually seeks limits of 84 .44 tpy VOM
associated with new spray booths, and 4.62 tpy VOM associated with new
molding units, for a total 89
.06 tpy new VOM emissions (See, the Permit
CHI 11176899 .1
2
CHI 11176899 .1
Application Project Summary, page 3 of Exhibit A
; for clarity, the Project
Summary is separately reproduced in Exhibit C)
. Because North American's
construction permit application specified increased emissions of only 89
.06 tpy
VOM, the construction permit issued by the state overstates emissions relating to
the new construction by 9 .74 tons
. Such overstatement potentially affects North
American's ability to make future modifications to its plant under Agency rules
for permitting under without New Source Review and PSD
. Because there is no
basis for the Agency to arbitrarily increase the emissions limits for the new
sources beyond the limits sought by North American Lighting in its application,
such action by the Agency is arbitrary and capricious
.
b.
Second, paragraph 4(a) erroneously states the permitted emissions for the
existing
sources are 109 .9 tpy
; again, this is an error . As shown in the facility's Title V
Permit No
. 04020028 dated December 1, 2005, (See, Exhibit D) which has
undergone Public Notice and Comment and USEPA review, and under which
permit North American Lighting has been operating since December 1, 2005 the
VOM emissions limit for existing molding processes is 12 tpy (See page 19,
paragraph 7 .1 .6(b)(i)),
and the VOM emissions for existing coating lines is 144
tons per year (See page 24, paragraph
7.2.6(b)(i)).
Thus, in the Title V Permit,
the combined existing VOM emissions for the plant are 156 tpv .
This limit is
accurately represented in the Construction Permit Application, as shown in the
Project Summary (See, Exhibits B and C) .
3
CHI 11176899 . 1
The erroneous statement in the construction permit that the total existing source
emissions are 109 .9 tpy understates the plantwide permitted emissions by 46
.1
tpy; this is a significant error
. It is unreasonable for the Agency to issue a
construction permit which identifies existing limits as 46
.1 tpy VOM less than
allowed under the Title V permit, and this inconsistency presents an undue
hardship on North American Lighting because it puts the Company at
enforcement risk, without a clear standard to be used for determining compliance
.
c.
Because in the construction permit IEPA understated existing emissions by 46
.1
tpy, and overstated new emissions increases associated with the construction
project by 9
.74 tpy, paragraph 4 erroneously calculates post-construction total
plantwide VOM emissions limits as 208
.7 tpy. In fact, total permitted VOM
emissions for the Paris facility, post construction will be 245
.06 tpy (existing
permitted VOM emissions as set forth in the Title V permit are of 156 tpy
; adding
the construction permit limits of 89 .6 tpy equals 245 .06 tpy)
. This total 245 .06
tpy limit is clearly set forth in the Construction Permit application and Project
Summary sheets in Exhibits B and C
.
The error made by IEPA identifying post-construction emissions of 208
.7 tpy,
compared to the correct limits 245
.06 tpy, is another 36 .36 tpy error by the
Agency
. This 36
.36 ton per year difference between what the permit should say,
and does say, is not insignificant
; such difference affects North American's
operations, and its ability to make modifications in the future
. There is no
reasonable basis for the imposition of this limitation by IEPA, and thus, this error
4
is an arbitrary and capricious action by the Agency, resulting in undue hardship to
North American .
6.
It is the position of North American that all the errors in the Construction Permit
paragraph 4(a) need to be corrected. The Construction Permit needs to correctly present the
existing emissions, expected emissions associated with the new construction, and the post-
construction plantwide VOM emissions limits
. Because the emissions limits set forth in
paragraph 4(a) are in error, and there is no basis for the Agency action arbitrarily altering limits,
the Agency's actions are arbitrary, capricious, without merit, and pose an unreasonable hardship
on North American.
7.
For the reasons set forth above, North American hereby requests a hearing on this
Appeal, and requests an Order from the Board requiring the Agency to issue to North American
Lighting a Construction Permit correcting the errors in the permit and reflecting the changes
herein.
NORTH AMERICAN LIGHTING, INC .
By
Jeryl . L. Olson
James L. Curtis
SEYFARTH SHAW LLP
131 S . Dearborn Street, Suite 2400
Chicago, Illinois 60603
Dated: February 23, 2007
CHI 11176899. 1
5
