RECEVED
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
z
52008
STATE
OF
ILLINOIS
APOLLO
PLASTICS CORPORATION
)
Pollution
Control
Board
)
Petitioner
)
)
v.
)
No.
PCB
09-
)
ILLINOIS
ENVIRONMENTAL
)
(Air-Permit Appeals)
PROTECTION
AGENCY,
)
)
)
Respondent.
)
NOTICE
OF
FILING
To:
See attached service list.
PLEASE TAKE NOTICE that on November
25, 2008, we filed with the Illinois
Pollution
Control
Board an
original and nine
(9) copies
of Appearance of Harvey M. Sheldon
and
a
Petition for
Hearing, pursuant to 415 ILCS 5/40,2(a), in the above-referenced matter
on behalf
of
Apollo
Plastics Corporation, a copy of which is hereby
served
upon you.
DATED:
November 25, 2008
Respectfully
submitted,
APOLLO PLASTICS CORPORATION
One
Its
orneys
Harvey M.
Sheldon, Esq.
Hinshaw &
Culbertson LLP
222 North
LaS alle Street
Suite 300
Chicago,
IL
60601
(312)
704-3000
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6385950v1 878725 65555
ED
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
152008
Respondent.
Pollution
STATE
OF
Confroj
ILLINOIS
Board
APPEARANCE
OF COUNSEL
PLEASE
TAKE NOTICE
that I
hereby file
my appearance
and
that of my
firm
as
counsel
for the
Petitioner
Apollo
Plastics
Corporation
in the
above-captioned
matter.
Please
serve
me
with all
future orders,
notice
and pleadings
to
Apollo.
DATED:
November
25,
2008
Harvey M.
Sheldon,
Esq.
Hinshaw
&
Culbertson
LLP
222 North
LaS alle
Street
Suite 300
Chicago,
IL 60601
(312)
704-3504
Fax:
312-704-3001
E-mail:
hsheldon@hinshawlaw.com
2
Respectfully
submitted,
APOLLO
PLASTICS
CORPORATION
Petitioner
v.
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
)
No.PCB09-3
(Air-Permit
Appeals)
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CEVED
ERKS
OFFICE
NOV
25
2UU
BEFORE
THE ILLINOIS
POLLUTION
CONTROL
BOA1Uutio
APOLLO
PLASTICS
CORPORATION
)
)
Petitioner
)
v.
)
No.PCB0€
)
ILLINOIS
ENVIRONMENTAL
)
(Air-Permit
Appeal)
PROTECTION
AGENCY,
)
)
)
Respondent.
)
PETITION
FOR
HEARING
NOW COMES,
Petitioner
Apollo Plastics
Corporation
(“Apollo”), by
and through
its
attorneys,
Harvey
M. Sheldon
and Hinshaw
&
Culbertson
LLP, pursuant to Section
40.2(a)
of
the
Illinois Environmental
Protection
Act,
415
ILCS
5/40.2(a)
(the “Act”)
and Section 105.304
of the
Illinois
Administrative
Code,
35 Ill. Adm.
Code
§
105.304,
and petitions
the Board
in
Count I for review
of the
Illinois
Environmental
Protection
Agency’s
(the
“Agency”)
failure
to
timely
act on
Apollo’s Air
Operating Permit
application, and,
in Count
II, for review
of the
Agency’s denial
of renewal
of it Construction
Permit Application
covering
air
pollution
control
equipment.
In support
thereof,
Apollo
states
as follows:
COUNT
I:
PETITION
FOR
REVIEW
OF THE
AGENCY’S
FAILURE
TO TIMELY ACT UPON
THE
APPLICATION
OF
PETITIONER FOR
A FEDERALLY
ENFORCEABLE
STATE
OPERATING
PERMIT
1.
Pursuant
to Section 504
of the Clean
Air Act, 42
USC
§
766 lb(c),
and
Section
3
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39.5
of
the
Act,
Apollo
submitted
an
application
for
an
initial
FESOP
on
a CAAPP
application
form
to
the
Agency
for
its
facility
located
in
Chicago,
Illinois
in
2006.
2.
On
or
about
October
27, 2006
the
Agency
sent
a
notice
to
Apollo
informing
Apollo
that
its
CAAPP
application
was
complete
pursuant
to
Section
39.5
of
the
Act.
(See
attached
CAAPP
Application
Completeness
Determination
and
Source
Fee
Determination,
which
is
Exhibit
A
hereto).
3.
Pursuant
to
415
ILCS
5139.5(5)(j), the
Agency
shall
act
on
initial
CAAPP
applications within
two
(2)
years
after
the
date
of
a completed
application.
The
two
(2) year
time
period
for
Agency
action
begins
to
run
from
the date
that
a
complete
application
was
submitted.
4.
As
of
the
date
of this
Petition,
two
years
have
passed,
however
the
Agency
has
failed
to
take
any
action
on
Apollo’s
initial
CAAPP
application
for
a
FESOP.
5.
Apollo
can
demonstrate
that
based
upon
the
information
that
is
or
should
be
a
part
of
the
Agency’s
record, the
operations
for
which
the FESOP
is
sought
will
not cause a
violation
of
the
Illinois Environmental
Protection
Act
or
relevant
rules.
6.
Where,
as
here,
the
agency
fails
to
act
within
two
(2) years,
its
failure
to
act
is
treated
as
a final
permit
action
for
purposes
of
judicial
review pursuant
to
Sections
40.2
and
41
of
the
Act.
415
ILCS
5/39.5(5)(j).
Apollo,
therefore,
files
this
Petition
for
Hearing,
pursuant
to
Section
40.2(a)
of the
Act
and
Section 105.304
of
the
Illinois
Administrative
Code,
35
Iii. Adm.
Code
§
105.304.
This
filing
is
within
thirty-five
(35)
days
of
the
expiration
of
the
two
year
period
provided
for
agency
action.
WHEREFORE,
Apollo
petitions
the
Board
for
a
hearing
on
the
Illinois
Environmental
Protection
Agency’s
failure
to
take
timely
action
on
Apollo’s
application
for a
FESOP
under
the
CAAPP
Permit
program.
4
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COUNT
II
APPEAL
OF
DENIAL
OF
CONSTRUCTION
PERMIT
FOR
POLLUTION
CONTROL
EQUIPMENT
7.
Apollo
was,
until
at
least
October
24,
2008,
lawfully
operating
certain
lines
at
its
Chicago
facility
under
the
authority
of a
Construction
Permit
to
install
a
Regenerative
Thermal
Oxidation
(RTO)
system
for
control
of
Volatile
Organic
Material
(VOM).
The
RTO
was
constructed and
operating
to
assure
maintenance
and
operation of
Apollo
as
a
minor
source.
The
RTO
continues
so to
operate.
8.
The
RTO
system
was
tested
in
December 2007,
and,
on
information
and
belief,
the
test
results
demonstrated
to the
Agency’s
satisfaction
that
the
RTO
operates as
required.
Given
that
Apollo’s
FESOP
had not
yet
been
issued,
earlier
this
year
Apollo
requested
that
its
RTO
Construction
Permit
be
renewed.
However,
the
Agency
issued
a
Construction
Permit
renewal
denial
on
October
24, 2008,
which
was
received
by
Apollo
on
October
29, 2008.
A true
copy
of the
action
of Denial
is
attached
as
Exhibit
B.
9.
Although
“information
available
to
Illinois
EPA”
indicating
that
the “construction
or modification
of
the
equipment. . .has
been
completed”
is referenced
as
possibly
some
part
of
the
basis
that the
Agency
used
to
deny
the renewal
of the
Construction
Permit
for
this
system,
the
lack
of
possession of
an operating
permit
is also
cited.
The
denial
states,
in part,
that
“an
operating
permit
is to be
obtained
prior
to
operation
of any
emission
unit or
air
pollution
control
equipment for
which
a
construction
permit
is
required”
and that
the
“permit
application
is denied
because
Sections
9
and
39
of the
Illinois
Environmental Protection
Act and
35
Ill. Adm.
Code
201.142
might
be
violated.”
As
so
stated,
the
denial
of the
renewal
of the
Construction
Permit
complained
of
in this
Count
II misstates
the applicable
law,
and
the
denial
also
was
arbitrary
and
5
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6385950v1
878725
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capricious,
because
it is
based
on
the Agency’s
own
failure
to
timely
act to
issue
the
FESOP
application
that
is the
subject
of
Count
I
hereof.
WHEREFORE,
Apollo
petitions
the
Board
for a
hearing
on
the
denial
of the
renewal
of
the
Construction
Permit
application.
DATED:
November
25,
2008
Respectfully submitted,
APOLLO
PLASTICS
CORPORATION
its
omey
Harvey
M.
Sheldon
Hinshaw
&
Culbertson
LLP
222
North
LaSalle
Street
Suite
300
Chicago,
IL
60601
(312)
704-3504
Fax:
312-704-3001
E-mail:
hsheldon@hinshawlaw.com
6
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ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
1021 NORTH GRAND AVENUE EAST, P.O. Box
19506, SI’RINGFIRU, fLUNOIS 62794-9506
— (
217) 782-2113
Roo R.
BLAGOJEVICH, GOVERNOR
DOUGLAS
P. SCOTT, DIRECTOR
217/785-5151
CAAPP
APPLICATION
COMPLETENESS
DETERMINATION
AND SOURCE
FEE DETERMINATION
APPLICANT
Apollo
Plastics Corporation
Attn:
Larry Polleck
5333
North
Elston Avenue
Chicago, Illinois 60630
Date of
Determination: October 27, 2006
pp1ication/Permit No.: 06090078
I.D. Number:
O31EOOFMK
Date
Received:
September 29, 2006
-
Source Name:
Location
of Source:
5333
North
Elston Avenue,
Chicago,
60630
Dear
Mr.
Polleck:
This letter provides notification that
your Clean Air Act Permit Program
(CAAPP)
application received on the date indicated above,
has been determined by the Illinois
EPA to be complete pursuant to Section
39.5(5)
of the Illinois Environmental
Protection Act
(Act).
As provided in Section
39.5(18)
of the Act, a
CAAPP
source
shall pay a fee. Attached
is the annual fee bill for thig CAAPP
source as determined from information included
in your application, on Form 292-CAAPP - FEE DETERMINATION FOR
CAAPP PERMIT.
Payment
of the
fee
is
due
within 45 days of
the billing date indicated on the
billing
statement.
Notwithstanding the completeness
determination,
the
Illinois EPA
may request
additional information necessary
to
evaluate
or take final action on the CAAPP
application.
If
such additional
information affects your allowable
emission limits,
a
revised Form 292-CAAPP-FEE DETERMINATION
FOR CAAPP PERMIT must be submitted
with
the requested information. The failure to submit
to the Illinois EPA
the requested
information within the time frame
specified by the Illinois EPA, may force the
Illinois EPA
to deny
your CAAPP
application pursuant
to
Section
39.5 of the Act.
If
you
have any questions regarding this
matter, please contact the Division
of Air
Pollution Control Permit
Section
at 217/782-2113.
Sincerely,
Donald E.
Sutton, PE.
Manager, Permit Section
Division
of Air
Pollution
Control
DES
: YMC
:psj
Enclosure
(s)
cc:
FOS, Region 1
Application File
Compliance & Systems Management
Section
EXHIBIT
E’RINTED
ON REC:YCLED
PAPER
iLLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH
GRAND
AVENUE
EAST,
P.O.
Box
19276,
SPRINGFIELD,
ILLINOIS
62794-9276
-
(
217)
782-3397
JAMES
R.
THOMI’SON
CENTER,
100
WEST
RANDOLPH,
SUITE
11-300. CHICAGO.
L
60601
— (312)
81
4-6026
Roo
R.
BLAGOIEVICH,
GOVERNOR
DOUGLAS
P.
SCOTT,
DRECTOR
INVOICE
DIVISION
OF
AIR
POLLUTION
CONTROL
INITIAL
TITLE
V
PERMIT
FEE
October
27,
2006
Larry
Polleck
Apollo
Plastics
Corp
5333
N
Elston
Ave
Chicago,
IL
60630
Site
to
which
fee
applies
Id:
O31600FMK
Apollo
Plastics
5333
N
Elston
Ave
Chicago,
IL
60630
This
is
your
initial
Air
Pollution
Control
Title
V
Permit
Fee
invoice.
If
balance
is
due,
make
either
check
or
money
order
payable
to:
“Illinois
Environmental
Protection
Agency”.
In
accordance
with
the
Environmental
Protection
Act
Section
18
CuB)
:
Except
for
the
first
year
of
the
CAAPP
the
applicant
or
permittee
may
pay
the
fee
annually
or
semiannually
for
those
fees
greater
than
$5,000.
If
you
elect
to
pay
annually
or
semiannually,
the
initial
fee
or
one—half
of
the
initial
fee
and
any
balance
forward
is
due
December
11,
2006.
In
order
to
ensure
the
proper
crediting
of
your
account,
you
must
return
one
copy
of
this
invoice
with
payment
in
the
envelope
provided.
If
you
have
any
questions,
please
contact
the
Air,
Permit
Section
at
the
above
address
or
telephone
217/782-
2113
within
45
days.
FOND
DESCRIPTION
AMOUNT
0091
Initial
Fee
-
$1,800.00
Balance
Due
$1,800.00
Please
provide
the
following
information:
Amount
Enclosed
$
Please
indicate
designated
site
Id
Nuniber
031.600FMIC
on
your
check
and
return
one
copy
of
this
invoice
with
payment.
ROCKFORD
— 4302
North
Mai,
Streel,
Rockforcl,
IL
61103
—
Wi
5)
987-7760
•
Dt
PisIrrs
—9511
\‘V. Harrison
SI.,
Des
Plaines.
IL
6(10)6—
(847) 294-4000
ELGIN
—
595
Soulh
SIaIe,
lOgin,
IL 60123—
(847)
608-S
131
•
PEORIA
—5415
N.
Universily
St.,
Peoria,
IL
61614
— (309)
693-5463
Boepaucsr
LAND-
Ptoa—
7620
N Universily
SI.,
Peoria,
[61614
—(30W
693-S462
•
CFIAMI’AIGN
—2125
South First
Street,
Champaign,
1L61820—
(2(7)
278-5800
SPRINGFIELD
—45005.
Sixth
Sired
Kd.
Springfield,
IL 62706—
(2171
786-6892
•
COILINSvII
r—
2009
MaIl SIred,
CoI)insv(Ile,
IL 62234—
(618)
346-5120
MARIoN
—2309W.
Main
SI., SuIIC
116,
Marion,
IL
62959—16119 993-7200
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LED
PAlo
S
ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY
1021 NORTH
GRAND
AVENUE
EAST,
P.O.
Box
19506,
SPRINGFIELD,
ILLINOIS
62794-9506
— (
217)
782-2113
ROD
R.
BLAGOJEVICH,
GOVERNOR
DOUGLAS
P. SCOTT,
DIRECTOR
217/782-2113
CERTIFIED
MAIL
7007
0220
0000
0153
5314
PERMIT
DENIAL
RECEIVED
October
24,
2008
oc
29
2008
Apollo
Plastics
Attn:
Larry
Polleck
5333
North
Elston
Avenue
Chicago,
Illinois
660630
pp1ication
No.:
06090077
I.D.
No.:
031600FMK
Date
Received:
August
21,
2008
Coating
Line
(Renewal
Request)
The
Illinois
EPA
has
reviewed
your
Application
for
Construction
Permit
for
the
above
referenced
project.
The
permit
application
is
DENIED
because
Sections
9
and
39
of
the
Illinois
Environmental
Protection
Act
(Act)
and
35
Ill.
Adxn.
Code
201.142 might
be
violated.
The
following
are
specific
reasons
why
the
Act
and
the
Rules
and
Regulations
may
not
be
met:
1.
Pursuant
to
35
Ill.
Adm.
Code
201.143,
an
operating
permit
is
to
be
obtained
prior
to
operation
of
any
emission
unit
or
air
pollution
control
equipment
of
any
type
for
which
a
construction
permit
is
required
Pursuant
to
35
Ill.
Adm.
Code
201.142.
Information
available
to
the
Illinois
EPA
indicated
that
the
construction
or
modification
of
the
equipment
described
in
this
application
has
been
completed.
Consequently,
your
application
for
construction
permit
is
hereby
denied.
If
you
have
any
questions
on
this,
please
call
German
Barria
at
217/782-2113.
Edwin
C.
Bakowski, P.E.
Acting Manager
of
Permit
Section
Division
of
Air
Pollution
Control
ECB:GB:pSj
cc:
Region
1
Ray
Pilapil,
CES
EXHIBIT
RPOLLO
PLASTICS
Applicant’s
Designation:
ject:
Molded
Plastic
Parts
Date
Issued:
October
24,
2008
Location: 5333
North
Elston
Avenue,
Chicago,
Cook
County
e
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ON RECYCLED
PAPER
CERTIFICATE
OF
SERVICE
I,
Kathryn
Messina,
hereby
certify
that
I
caused
copies
of
the
attached
NOTICE
OF
FILING,
APPEARANCES
OF
HARVEY
M. SHELDON
and
PETITION
FOR
HEARING
to be
served
on:
SERVICE
LIST
Clerk
of
the Board
Attn:
Mr.
John
Therriault
Illinois
Pollution
Control
Board
100
West
Randolph Street
Suite
11-500
Chicago,
Illinois
60601
(Via
Hand
Delivery)
Julie
Armitage,
Esq.
Division
of
Legal
Counsel
Illinois
Environmental
Protection
Agency
1021
North
Grand
Avenue
East
P.O.
Box
19276
Springfield,
Illinois
62794
Maureen
Wozniak,
Esq.
Division
of Legal
Counsel
Illinois
Environmental
Protection
Agency
1021
North
Grand
Avenue
East
P.O. Box
19276
Springfield,
Illinois
62794
By
United
States
Mail,
first-class
postage
affixed
thereto,
at 222
N. LaSalle
Street,
Chicago,
Illinois
60601,
first-class
postage
prepaid
on
November
25,
2008.
7
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