NOVEON, INC.
V.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
To:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Bradley P . Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph Street
Chicago, Illinois 60601
ORIGINAL
PCB 2004-102
(CAAPP Permit Appeal)
APR 2 7 2007
NOTICE
STATE OF
ILLINOIS
Pollution Control Board
Roy M. Harsch
Steven J . Murawski
Gardner Carton & Douglas
191 N. Wacker Drive
Suite 3700
Chicago, Illinois 60606-1698
RECEIVED
CLERK'S OFFICE
PLEASE TAKE NOTICE that I sent today, via CMS Courier, to the Office of the
Clerk of the Illinois Pollution Control Board the MOTION FOR LEAVE TO FILE
PARTIAL ADMINISTRATIVE RECORD and ADMINISTRATIVE RECORD of
the Respondent, Illinois Environmental Protection Agency, a copy of which is herewith
served upon the assigned Hearing Office and the attorney for the Petitioner
.
Respectfully submitted by,
Sally Ca er
Assistant Counsel
Dated : April 26, 2007
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
MOTION FOR LEAVE TO FILE PARTIAL ADMINISTRATIVE RECORD
The Respondent, Illinois Environmental Protection Agency ("Illinois EPA"), by
and through its attorneys and pursuant to 35 Ill
. Adm. Code 101 .500, files with the
Illinois Pollution Control Board ("Board") this Motion for Leave to File Partial
Administrative Record ("Administrative Record") in this cause .
1 .
Acting in accordance with its authority under the Clean Air Act Permit
Program ("CAAPP") provisions of the Illinois Environmental Protection Act
("Act"),
415 ILCS 5/39
.5(2002), the Illinois EPA issued a CAAPP and Title I permit to Noveon,
Inc
. ("Noveon") on November 24, 2003 . The permit authorized the operation of an
organic chemical manufacturing plant located in rural Henry, Marshall County, Illinois
.
2.
On December 24, 2003, Petitioner filed a petition before the Board
challenging certain permit conditions contained within the CAAPP permit issued by the
Illinois EPA.
3 .
On March 29, 2007, the parties participated in a status call with the
Hearing Officer
. In the status "[t]he petitioner represented that it will have internal
discussions within the next few days to discuss the recent correspondence from the
1
BEFORE THE ILLINOIS POLLUTION CONTROL BOARI}'CERKEOFFIED
OF THE STATE OF ILLINOIS
NOVEON, INC .,
ORIGIN
A
APR 2 7 2007
L
PSTATE
Petitioner,
O F ILLINOIS
)
v.
)
PCB 2004-102
(Permit Appeal - Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
respondent
. It anticipates that it will withdraw all outstanding issues save one
." See,
Hearing Officer Order,
dated March 29, 2007
. In the same order, the Hearing Officer
directed the Illinois EPA to file the Administrative Record on or before April 27, 2007
.
Id.
4.
In an electronic mail dated April 8, 2007, Petitioner's counsel informed
the undersigned that Petitioner agreed to drop all contested issues except the S02 issue
.
(ie., the applicability of 35 Ill . Adm. Code 214
.301 and 214
.382 to the condenser in the
MBT-C process)
. To date, Petitioner's counsel has not yet filed a Motion to Voluntarily
Dismiss those issues
.
5.
Given that other information relied upon by the Illinois EPA is not
relevant to the SO2 issue but involves other non-contested sections of the CAAPP or
contested sections of the CAAPP that will likely be withdrawn, and involves a
considerable amount of additional material, the Illinois EPA is seeking leave to limit the
Administrative Record to the SO2 issue
.
6.
The undersigned attorney conferred with Petitioner's counsel, Mr
. Roy
Harsch, on March 28, 2007, concerning the scope of the Administrative Record and was
informed that the focus of the record should be on the SO2 issue
. This attorney left a
message for Mr
. Harsch on April 24, 2007, seeking to confirm that Petitioner had no
objection to the relief sought herein
. On April 25, the undersigned attorney learned that
Mr
. Harsch is out of the office on business
. As such, the Respondent has not had an
opportunity to confirm that Petitioner has no objection to the requested relief
.
7.
Based on the foregoing, the Illinois EPA formally seeks leave to limit the
Administrative Record to the S02 issue
. In the event Petitioner elects not to withdraw
2
the other outstanding issues and upon notification to the Illinois EPA, the agency would
file the remainder of the Administrative Record wittttf
Sffflbte period of time
. The
granting of this Motion for Leave to File Partial Administrative Record will ensure that a
considerable amount of additional material is not needlessly filed but will further
minimize any potential administrative burdens associated with the maintenance and
storage of additional trial boxes for this appeal
.
WHEREFORE, the Illinois EPA respectfully requests that the Board grant this
Motion for Leave to File Partial Administrative Record .
Respectfully submitted by,
3
Sally
Assistant Counsel
Dated: April 26, 2007
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
BEFORE THE ILLINOIS POLLUTION
OR/GINA!
CONTROL BOARD
RECEIVEDCLERK'S
OFFICE
OF THE STATE OF ILLINOIS
APR 2 1 2007
NOVEON, INC .,
)
Pollution
STATE OF
Control
ILLINOISBoard
Petitioner,
)
v.
)
PCB 2004-102
(Permit Appeal - Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
ADMINISTRATIVE RECORD
The Respondent, Illinois Environmental Protection Agency ("Illinois EPA"), by
and through its attorneys in accordance with the Hearing Officer's
("HRO")
Order of
March 29, 2007, files its Administrative Record ("Administrative Record") in this cause
.
Acting in accordance with its authority under the Clean Air Act Permit Program
("CAAPP") provisions of the Illinois Environmental Protection Act (hereinafter
"Act"),
415 ILCS 5/39
.5(2002), the Illinois EPA issued a CAAPP and Title I permit to Noveon,
Inc . ("Noveon") on November 24, 2003
. The permit authorized the operation of an
organic chemical manufacturing plant located in rural Henry, Marshall County, Illinois
.
On December 24, 2003, Petitioner filed a petition before the Board challenging certain
permit conditions contained within the CAAPP permit issued by the Illinois EPA
.
In accordance with the HRO's Order of March 29, 2007, four copies and an
original of the Administrative Record are filed with the Board
. However, based on
communication with Petitioner's counsel, the Respondent understands that the sole
contested issue involves the applicability of 35 Ill
. Adm . Code 214 .301 and 214
.382 to
the condenser in the MBT-C process ("the SO2 issue")
.
See, Motion for Leave to File
1
Partial Administrative Record . Given that other information relied upon by the Illinois
EPA is not relevant to this issue but involves other non-contested secttorisist'the CAAPP
or soon to be withdrawn contested sections of the CAAPP, and involves a considerable
amount of additional material, the Illinois EPA limited this Administrative Record to the
S02 issue.
This Administrative Record generally consists of non-privileged documents and
communications, as made known and available to the undersigned attorney through other
Illinois EPA personnel, that formed the basis for the permit determination
. Due to a
number of trade secret claims made by the Petitioner, this Administrative Record consists
of two volumes, a public version and a trade secret version
.
Volume I is a copy of information consisting of, among other things, a redacted
version of Noveon's CAAPP application and, to the extent that Petitioner has provided
redacted versions of documents containing a trade secret claim, redacted versions of these
documents that the Petitioner believes can be made available to the public without
compromising its claimed trade secrets
.' In addition, Volume I consists of, among other
things, correspondence received by or exchanged with Petitioner and, except for matters
within its institutional knowledge, those documents that were relied upon by the Illinois
EPA's Division of Air Pollution Control ("DAPC")/ Permits Section in the issuance of
the subject CAAPP and Title I permit, particularly relevant to the S02 issue
. Volume II
represents the trade secret copy of information consisting of Noveon's complete CAAPP
It should be noted that Noveon has only submitted a portion of the public version of Noveon's
CAAPP application to the Illinois EPA
; this part has been included by the Illinois EPA in
Volume I of the Administrative Record
. In addition, public versions of other correspondence
received from the Petitioner have not been submitted to the Illinois EPA
. To the extent that the
contents of the initial CAAPP application and other correspondence become material to this
proceeding, the Board will likely have to consider whether the Petitioner is required to submit a
public version of these documents for public hearing .
2
application and correspondence received by or exchanged with Petitioner in which
Petitioner has asserted a trade secret claim
. Given the considerable amount of paginated
materials and the resources required to provide a total of four (4) copies, the Illinois EPA
did not copy the duplicative material twice for both volumes of the record
. This
Administrative Record specifically consists of the following
:
Volume I
Public (redacted) Copy
Portion of Title V Permit Application, dated received April 30, 2003
. [Pages 1- 1143]
Title V -
Clean Air Act Permit Program (CAAPP) Permit and Title I Permit, dated
November 24, 2003
. [Pages 1144 - 1234]
Analysis Notes of Dan Punzak, dated 11/21/03 . (Pages 1235 -1237]
Letter from David Giffin, HSE Manager, Noveon, to Illinois EPA, dated October 17,
2003 . (Pages
1238 -1252]
Letter from David Giffin, HSE Manager, Noveon, to Illinois EPA, with handwritten notes
of Dan Punzak, dated October 17, 2003
. [Pages 1253 -1267]
Letter from David Giffin to Don Sutton/Dan Punzak, Illinois EPA, dated October 9,
2003, and attachments . [Pages 1268 -1275]
Public Notice Proposed Issuance of a Clean Air Act Permit Program Permit to Noveon,
Inc. in Henry with handwritten notes, dated 10/8/03 .
[Pages 1276 -1277]
Project Summary
. [Pages 1278 -1282]
Final Draft/ Proposed CAAPP, dated September 17, 2003
. [Pages 1283 - 1379]
Public Notice Proposed Issuance of a Clean Air Act Permit Program Permit to Noveon,
Inc. in Henry . [Pages 1380]
Letter from Roy Harsch, Gardner Carton & Douglas, to Donald Sutton, dated September
3, 2003 . [Pages 1381 -
13821
IEPA - Noveon Mtg
. Attendance Sheet, dated August 6, 2003
. [Pages 1383]
3
Letter from Kenneth Willings, Vice President, Health, Safety & Environmental, Noveon,
to Phillip Wetherell, Bureau of Business Development, Illinois Department of Commerce
and Economic Opportunity, dated July 29, 2003 .
[Pages-1384="1985]"
Letter from David Giffin to Dan Punzak, dated October 25, 2002
. [Pages 1386 -
13871
Letter from David Giffin to Illinois EPA regarding the Inclusion of Construction/
Operating Permit No
. 0070011 into Title V CAAPP application for Condenser for
Building 711 Accelerator Intermediate Production, AOP-7, dated March 15, 2002, and
attachments . [Pages 1388 -1410]
Letter from David Giffin to Illinois EPA regarding the Inclusion of Construction/
Operating Permit No . 98040046 into Title V CAAPP application for H2S Scrubber
Modification, dated February 5, 2002, and attachments . [Pages 1411 - 14191
IEPA - Noveon Mtg. Attendance Sheet, dated July 12, 2001 . [Pages 14201
Packet of documents beginning with a facsimile from Melinda Molieri or Lauren Senette
from the Louisiana Department of Environmental Quality to Dan Punzak, dated June 13,
2001 . [Pages 1421 - 14521
Emails from Robert Keatley to Dan Punzak, dated 6/21/01
. [Pages 1453 - 1454]
Public Notice, Request for Public Comment on a Proposed Operating Permit
Modification, UniRoyal Chemical, printed 6/13/01 . [Pages 1455 -
1456]
Public Notice, Request for Public Comment on a Proposed Operating Permit, UniRoyal
Chemical, printed 6/13/01
. [Pages 1457 -1458]
Request for Additional Information CAAPP Permit Application, dated May 16, 2001
.
[Pages
1459 - 1460]
Calculation Sheet of Dan Punzak, dated 5/16/01 . [Page 1461]
Facsimile from Mark A . Latham to Dan Punzak, dated May 7, 2001
. (Pages 1462 -
1463]
Letter from Don Sutton to David Giffin, regarding Preliminary Draft Title V -
Clean Air
Act Permit Program (CAAPP) Permit, dated March 21, 2001, and attachment
. [Pages
1464-14661
Handwritten notes of Dan Punzak beginning "BFG Goodrich"
. [Pages 1467]
Handwritten notes of Dan Punzak including diagram of the condenser . [Pages 14681
4
Request for Additional Information CAAPP Permit Application, dated February 22,
2001 . [Pages
1469 - 14711
Calculation Sheet, dated February 21, 2001
. [Pages 14721
Memorandum from Don Sutton to Julie Armitage, dated January 12, 2001, and
attachments . [Pages 1473 - 1479]
Handwritten notes of Dan Punzak beginning "Possible increases . . ."
[Pages 14801
"FOIA Copies" of Letters from John C
. Uptmor, Senior Environmental Engineer, to Dan
Punzak, dated November 11, 1996 and October 31, 1996, and attachments
. [Pages 1481
-1506]
CAAPP Application Completeness Determination and Source Fee Determination, dated
March 6, 1996 . [Pages 1507 - 1509]
Miscellaneous Permitting Material from Louisiana
. [Pages 1510 - 1539]
Error - [No Pages 1540 - 1541]
Miscellaneous emails beginning 1/30/01 through 11/24/03
. [Pages 1542 -
20821
The Updated HON Rule -
A Fresh Look Including All Modifications . [Pages 2083 -
2130]
13.5 Industrial Flares . [Pages
2131 - 21351
Control of Volatile Organic Compound Emissions from Batch Processes, dated February
1994. [Pages 2136-25101
Document beginning "Plant Name - MON Organic Chemical Manufactures (batch
processes; 5 also with continuous)". [Pages 2511
- 2525]
Volume II
Trade Secret Copy
Title V Permit Application, dated received May 7, 1996
. [Pages 1 - 21151
Letter from Roy Harsch, Gardner Carton & Douglas, to Donald Sutton, regarding
Noveon, Inc
. Response to May 16, 2001, Request for Compliance Plan, dated June 14,
2001 . [Pages 2116 -
21181
Letter from Nathan Gray, Project Manager, BFGoodrich to Dan Punzak regarding
Deadline for the Title V Comment Period, date received April 23, 2001
. [Page 21191
5
Letter from Nathan Gray to Dan Punzak regarding IEPA Letter Dated 2/22/01 : 2"d Letter
Addressing Additional Title V Information, date received April 12, 2001
.
(Pages
2120 -
2121]
Letter from Nathan Gray to Dan Punzak regarding IEPA letter dated 2/22/01- Request for
Additional Information, dated March 19, 2001 . [Pages
2122 - 2124]
Letter from John Uptmor to Dan Punzak regarding Amendment to BF Goodrich Title V
(CAAPP) Permit Application, dated November 11, 1996, and attachments . [Pages 2125 -
2141]
Letter from John Uptmor to Dan Punzak regarding Amendment to BF Goodrich State
Operating Permit, dated October 31, 1996, and attachments . [Pages
2142
- 2155]
Respectfully submitted by,
Sally C er
Assistant Counsel
Dated : April 26, 2007
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P .O. Box 19276
Springfield, Illinois 62794-9276
6
ORIGINAL
RECEIVEDCLERK'S
OFFICE
APR 2 7 2007
CERTIFICATE OF SERVICE
STATE OF ILLINOIS
MItCon
Control Board
I hereby certify that on the 26
th
day of April 2007, I did send, via
the following instrument entitled MOTION FOR LEAVE TO FILE PARTIAL
ADMINISTRATIVE RECORD and ADMINISTRATIVE RECORD to
:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
I further hereby certify that on the 26
th
day of April 2007, I did send, a true and correct
copy of the same foregoing instrument, by First Class Mail with postage thereon fully
paid and deposited into the possession of the United States Postal Service, to
:
Bradley P . Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph Street
Chicago, Illinois 60601
Roy M . Harsch
Steven J . Murawski
Gardner Carton & Douglas
191 N. Wacker Drive
Suite 3700
Chicago, Illinois 60606-1698
Sally
er
Assistant Counsel
