NOTICE
OF
FILING
JAN
222009
ILUNQIs
To:
See
attached
service
list.
PLEASE TAKE
NOTICE
that
on
January
22,
2009,
we
filed
with
the
Illinois
Pollution
Control Board
an
original
and
nine
(9)
copies of
Appearance
of
Harvey
M.
Sheldon
and
an
Amended
Petition
for
Hearing,
pursuant
to
415
ILCS
5/39,
in
the
above-referenced
matter
on
behalf
of
Apollo Plastics
Corporation,
a
copy
of
which
is
hereby
served
upon
you.
DATED:
January
2Z
2009
Harvey M.
Sheldon,
Esq.
Hinshaw
&
Culbertson
LLP
222
North
LaS
alle
Street
Suite
300
Chicago, IL
60601
(312)
704-3000
Respectfully
submitted,
PRIITTED
ON
RECYCLED
PAPER
PER
RULE•
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
APOLLO
PLASTICS
CORPORATION
)
)
Petitioner
)
)
v.
)
No.
PCB
09-44
)
ILLINOIS
ENVIRONMENTAL
)
(Permit
Appeal-Air)
PROTECTION
AGENCY,
)
)
)
Respondent.
)
6403776v1
878725
65555
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
LERKS
OFF/CE
APOLLO
PLASTICS
CORPORATION
V.
Petitioner
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
Respondent.
No.
PCB
09-44
)
)
)
)
)
)
)
(Air-Permit
Appeals)
)
)
)
)
oJftton
STATE
OF
Control
ILL/NO/S
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:
January
22,
2009
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
Respectfully
submitted,
2
PRIITTED
ON
RECYCLED
PAPER
PER
RULE
6403776v1
878725
65555
JAN
22
2Oo
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
B$E
gFILLINOIS
ro,
APOLLO
PLASTICS
CORPORATION
)
)
Petitioner
)
)
v.
)
No.
PCB
09-44
)
ILLINOIS
ENViRONMENTAL
)
(Permit
Appeal-Air)
PROTECTION
AGENCY,
)
)
)
Respondent.
)
AMENDED
PETITION
FOR
HEAPJNG
AND
APPEAL
OF DENIAL
OF
CONSTRUCTION
PERMIT
FOR
POLLUTION
CONTROL
EQUIPMENT
NOW COMES,
Petitioner
Apollo Plastics
Corporation
(“Apollo”),
by
and through
its
attorneys,
Harvey
M. Sheldon
and Hinshaw
&
Culbertson
LLP, pursuant
to
Section
39
of the
Illinois Environmental
Protection
Act,
415 ILCS
5/39 (the “Act”)
and Section
105.204(a)
of the
Illinois
Administrative
Code,
35 Ill. Adm.
Code
§
105.204(a),
and
petitions
the Board
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:
1.
This
Amended
Petition
is a
restatement
of Count
II of the
Petition for
Hearing
originally
filed
November
25, 2008.
This restatement
is
made
pursuant
to the
Order
of
the Board
entered
January
8,
2009,
in which
the Board
directed
Petitioner
to
file amended
petitions
by•
February
9, 2009 presenting
each
Count
of the original
Petition
as
a
separate
petition.
2. 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
3
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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.
3.
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
application
had
not
yet
been
issued,
earlier
in
2008
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
A.
4.
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
isto
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
thisPetition
misstates
the
applicable
law,
and
the
denial
also
was
arbitrary
and
capricious,
because
it
is based
on
the
Agency’s
own
failure
to
timely
act
to
issue
the
FESOP
application
that
is
the
subject
of appeal docketed
as
PCB
09-36.
4
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WHEREFORE,
Apollo
petitions
the
Board for
a
hearing
on the
denial
of
the renewal
of
the
Construction
Permit
application.
DATED:
January
22,
2009
Respectfully
submitted,
APOLLO
PLASTICS
CORPORATION
One
cfjts
1(’torneys
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
5
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ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
217/782-2113
CERTIFIED
MAIL
7007
0220
0000
0153
5314
PERMIT
DENIAL
RECEIVED
October
24,
2008
OCT
29
2008
Apollo
Plastics
APOLLO
PLASTICS
Attn:
Larry
Polleclc
5333
North
Elston
Avenue
Chicago,
Illinois
660630
Application
No.:
06090077
I.D.
No.:
O31600FM1C
Applicant’s
Designation:
Date
Received:
August
21,
2008
Subject:
Molded
Plastic
Parts
Coating
Line
(Renewal
Request)
Date
Issued:
October
24,
2008
Location:
5333
North
Elston
Avenue,
Chicago,
COok
County
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.
Adm.
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.
Adin.
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
1021
NORTH
GRAND
AVENUE
EAST,
P.O.
Sax
19506,
SPRINGFIELD, ILLINOIS
62794-9506
—(217)
782-2113
ROD
R. BLAGOJEVICH,
GOVERNOR
DOUGLAS
P.
Scorr,
DIRECTOR
PRINTED
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 AMENDED 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)
Christopher Grant, Esq.
Assistant
Attorney General
Environmental
ProtectionDivision
69
West
Washington Street,
18
th
Fl.
Chicago,
IL 60602
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 January 22, 2009.
6
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