THIS FILING SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CHAMPION LABORATORIES, INC.,
)
)
Petitioner,
)
)
v.
)
PCB 04-65
)
(CAAPP Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE OF FILING
TO:
Mr. John Therriault
Carol Webb, Esq.
Assistant Clerk of the Board
Hearing Officer
Illinois Pollution Control Board
Illinois Pollution Control Board
100 West Randolph Street
1021 North Grand Avenue East
Suite 11-500
Post Office Box 19274
Chicago, Illinois 60601
Springfield, Illinois 62794-9276
(VIA ELECTRONIC MAIL)
(VIA FIRST CLASS MAIL)
(SEE PERSONS ON ATTACHED LIST)
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of
the Illinois Pollution Control Board a
REQUEST FOR WITHDRAWAL OF
PETITION FOR REVIEW,
a copy of which is herewith served upon you.
Respectfully submitted,
CHAMPION LABORATORIES, INC.,
Petitioner,
Dated: March 17, 2008
By:
/s/ Katherine D. Hodge
Katherine D. Hodge
Katherine D. Hodge
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
Electronic Filing - Received, Clerk's Office, March 17, 2008
CERTIFICATE OF SERVICE
I, Katherine D. Hodge, the undersigned, hereby certify that I have served copies
of the attached REQUEST FOR WITHDRAWAL OF PETITION FOR REVIEW, upon:
Mr. John Therriault
Assistant Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
via electronic mail on March 17, 2008 and upon:
Carol Webb, Esq.
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Post Office Box 19274
Springfield, Illinois 62794-9274
Dennis Brown, Esq.
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, on
March 17, 2008.
/s/Katherine D. Hodge
Katherine D. Hodge
CHLA-001\Filings\NOF-Withdrawal of petition.doc
Electronic Filing - Received, Clerk's Office, March 17, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CHAMPION LABORATORIES, INC.,
)
)
Petitioner,
)
)
v.
)
PCB 04-65
)
(CAAPP Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
REQUEST FOR
WITHDRAWAL OF PETITION FOR REVIEW
NOW COMES Petitioner, CHAMPION LABORATORIES, INC., (hereinafter
“Petitioner”), by and through its attorneys, HODGE DWYER ZEMAN, and hereby
withdraws its petition for review (the “Petition”) of Petitioner’s Clean Air Act Permit
Program permit, Application No. 99060041 (the “CAAPP Permit”), filed with the Illinois
Pollution Control Board, stating as follows:
1.
Petitioner owned and operated a plant manufacturing oil filters for
automobiles located in West Salem, Illinois (the “Facility”), which was classified as a
“major source” for purposes of Title V of the Clean Air Act and Section 39.5 of the
Illinois Environmental Protection Act (the “Act”).
2.
Pursuant to Section 504 of the Clean Air Act (42 U.S.C. § 7661b(c)) and
Section 39.5(5) of the Act, Champion Labs submitted an application for a CAAPP permit
for the Facility to the Illinois Environmental Protection Agency on February 12, 1996.
3.
On June 24, 2002, on information and belief, the Respondent granted the
final CAAPP Permit for the Facility.
Electronic Filing - Received, Clerk's Office, March 17, 2008
4.
Petitioner did not become aware of the issuance of the CAAPP Permit
until September 2003.
5.
Petitioner did not believe that Respondent addressed concerns regarding
the draft CAAPP permit raised by Petitioner before final issuance of the CAAPP Permit.
6.
Petitioner filed the Petition on October 17, 2003.
7.
In October 2007, the Petitioner ceased activities at the Facility that would
require any air permit.
8.
The only remaining activities at the Facility are classified as insignificant
activities under the current CAAPP permit. These activities are exempt from permitting
under 35 Ill. Admin. Code § 201.146(c), as well.
9.
On February 20, 2008, the Petitioner provided a request to the Respondent
that the CAAPP Permit be withdrawn, while requesting a status change from a Major
Source to exempt from permitting.
WHEREFORE, for the reasons described herein, Petitioner, CHAMPION
LABORATORIES, INC., respectfully requests that the Petition be withdrawn.
Respectfully submitted,
CHAMPION LABORATORIES, INC.
Petitioner,
Dated: March 17, 2008
By:
/s/ Katherine D. Hodge
Katherine D. Hodge
Katherine D. Hodge
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
CHLA:001/Fil/Request for Withdrawal
Electronic Filing - Received, Clerk's Office, March 17, 2008