BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

HEARING REPORT
Witness Credibility
Exhibits
Briefing Schedule
Exhibit List

ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS,

PACKAGING PERSONIFIED, INC., an

Illinois corporation,

(Enforcement- Air)

HEARING REPORT

On June 29 and 30, 2009, a hearing in this matter was held at the City Hall,

Council Room, 209 North York Street, Elmhurst, Illinois. Assistant Attorneys General

Paula Becker Wheeler, Christopher J. Grant and L. Nichole Cunningham appeared and

participated on behalf of the complainant. Attorneys Roy M. Harsch and Yesenia

Villasenor-Rodriguez, appeared and participated on behalf of respondent, Packaging

Personified, Inc.

Witness Credibility

Based upon my legal judgment, experience and observations at the hearing, I find

that the credibility of the witnesses that testified at the hearing is not an issue in this

An exhibit list itemizing the offered exhibits and summarizing their status is

attached to this order.

Briefing Schedule

A briefing schedule was discussed and agreed to subsequent the hearing. The

complainant’s post-hearing brief is due to be filed on or before August 21, 2009. The

respondent’s post-hearing brief is due to be filed on or before September 25, 2009. The

complainant’s reply, if any, is due to be filed on or before October 16, 2009. Public

comment is due to be filed on or before August 3, 2009.

IT IS SO ORDERED.

Bradley P. Halloran

Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center, Suite 11-500

100 W. Randolph Street

Chicago, Illinois 60601

CERTIFICATE OF SERVICE

It is hereby certified that true copies of the foregoing order were mailed, first

class, on July 15, 2009, to each of the persons on the attached service list.

It is hereby certified that a true copy of the foregoing order was hand delivered to

the following on July 15, 2009:

John T. Therriault

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph St., Ste. 11-500

Chicago, Illinois 60601

Bradley P. Halloran

Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Paula Becker Wheeler

Office of the Attorney General

69 West Washington Street, Suite 1800

Chicago, IL 60602

L. Nichole Cunningham

Office of the Attorney General

69 West Washington Street, Suite 1800

Chicago, IL 60602

Drinker Biddle & Reath

191 N. Wacker Drive

Chicago, IL 60606-1698

Yesenia Villasenor-Rodriguez

Drinker Biddle & Reath

191 N. Wacker Drive

Chicago, IL 60606-1698

Lawrence W. Falbe

Drinker Biddle & Reath

191 N. Wacker Drive

Chicago, IL 60606-1698

Phyllis Muccianti

Packaging Personified, Inc.

246 Kehoe Boulevard

Carol Stream, IL 60188-1816

June 29 and 30, 2009

Exhibit List

Hearing Officer Exhibit 1

Complainant’s Exhibit 1

Letter dated August 30, 2004 from Rich

Trzpek to Illinois Environmental Protection

Agency (Agency)

Complainant’s Exhibit 2

Resume of David E. Bloomberg

Complainant’s Exhibit 3

Construction Permit issued to Packaging

Personified August 13, 2003

Complainant’s Exhibit 4

Letter dated July 2, 1997 from Agency to

Dominic Imburgia

Complainant’s Exhibit 5

Respondent Packaging Personified

Response to Complainant’s First Request

for Admission of Facts and Genuineness of

Complainant’s Exhibit 6

Letter dated October 29, 2003 from Ship &

Shore to Packaging Personified

Complainant’s Exhibit 7

New Source Review Permit dated

November 2, 2004 from Michigan

Department of Environmental Quality Air

Quality Division to Packaging Personified

Complainant’s Exhibit 8

Letter dated March 31, 2003 from Huff &

Huff to complainant regarding VOM

emissions testing

Complainant’s Exhibit 9

Letter dated June 28, 2002 from Packaging

Personified to Agency

Complainant’s Exhibit 10

Letter dated November 21, 2008 from Gary

Styzens to Alec Messina regarding

Economic Benefit Analysis

Complainant’s Exhibit 11

Letter dated February 6, 2006 from Richard

Trzupek to Agency

Complainant’s Exhibit 12

Letter dated March 4, 2003 from Richard

Trzupek to Agency

Complainant’s Exhibit 13

Letter dated May 2, 2003 from Mark Steger

Complainant’s Exhibit 14

Portion of Hearing Transcript regarding

Richard Trzupek testimony in AS 00-13

Respondent’s Exhibit 1

Resume of Richard Trzupek

Respondent’s Exhibit 2

Expert Report regarding VOM emissions

dated February 3, 2009 from Richard

Respondent’s Exhibit 3

Resume of Christopher McClure

Respondent’s Exhibit 4

Expert Report dated February 3, 2009 from

Christopher McClure

Respondent’s Exhibit 4 A

(Separate Black Binder)

Expert Report from Christopher McClure

for use in PCB 04-16, including additional

Respondent’s Exhibit 5

Board Order in AS 00-13 dated January 18,

Respondent’s Exhibit 6

Board Order in AS 00-12 dated January 18,

Respondent’s Exhibit 7

Board Order in AS 00-11 dated January 18,

Respondent’s Exhibit 8

Agency Memo dated June 6, 2001

Respondent’s Exhibit 9

Agency Inspection Report dated November

Respondent’s Exhibit 10

Violation Notice dated January 25, 2002

from the Agency to Daniel Imburgia

Respondent’s Exhibit 11

Letter dated March 19, 2002 from Mark

Steger to Agency

Respondent’s Exhibit 12

Letter dated December 16, 2002 from Mark

Steger to Agency

Respondent’s Exhibit 13

Annual Emissions Reports dated August 7,

2002 from Huff & Huff to Agency

Respondent’s Exhibit 14

CAAPP Application Completeness

Determination dated July 3, 2002 from

Agency to Packaging Personified

Respondent’s Exhibit 15

Respondent’s Exhibit 16

Packaging Personified Title V Permit

Respondent’s Exhibit 17

Construction Permit Application dated

March 4, 2003 from Richard Trzupek

Respondent’s Exhibit 18

Letter dated May 8, 2003 from Mark Steger

Respondent’s Exhibit 19

Letter dated May 2, 2003 from Mark Steger

Respondent’s Exhibit 20

Permit Denial dated June 2, 2003 from

Agency to Packaging Personified

Respondent’s Exhibit 21

Letter dated March 31, 2003 from Huff &

Huff to complainant

Respondent’s Exhibit 22

Respondent’s Exhibit 23

Agency Memo dated May 27, 2003

Respondent’s Exhibit 24

Letter/Seasonal Emission Reports dated

June 12, 2003 from Mark Steger to Agency

Respondent’s Exhibit 25

Agency Memo dated June 16, 2003

Respondent’s Exhibit 26

Construction Permit issued August 13,2003 Admitted

Respondent’s Exhibit 27

Letter dated October 29, 2003 from Ship &

Shore to Packaging Personified

Respondent’s Exhibit 28

VOC Test results for Packaging

Personified from ARI Environmental, Inc.

Respondent’s Exhibit 29

Agency draft review dated June 25, 2004

Respondent’s Exhibit 30

Respondent’s Exhibit 31

Respondent’s Exhibit 32

Letter dated August 20, 2004 from Huff &

Huff to Agency – Yasmine Kepper

Respondent’s Exhibit 33

Letter dated August 30, 2004 from Huff &

Huff to Agency-Yasmine Keppner

Respondent’s Exhibit 34

Letter dated August 30, 2004 from Huff &

Huff to Agency- Donald Sutton

Respondent’s Exhibit 35

Letter dated October 11, 2004 from Huff &

Huff to Yvonne Caswell

Respondent’s Exhibit 36

Letter dated October 15, 2004 from Huff &

Huff to Yasmine Keppner

Respondent’s Exhibit 37

Letter dated October 19, 2004 from Agency

to Joseph Imburgia

Respondent’s Exhibit 38

Letter dated October 26, 2004 from Agency

to Joseph Imburgia

Respondent’s Exhibit 39

Letter/Application dated February 6, 2006

from Richard Trzupek to Agency

Respondent’s Exhibit 40

Calculation Sheet/Application for

Construction Permit dated May 2, 2006

Respondent’s Exhibit 41

Project Summary dated July 20, 2005 from

Respondent’s Exhibit 42

Construction Permit from Agency issued

October 10, 2006 for Packaging

Respondent’s Exhibit 43

Letter dated June 11, 2007 from Mostardi

Platt Environmental to Navigant

Consulting regarding Packaging

Respondent’s Exhibit 44

Letter dated June 15, 2007 from Ship &

Shore to Packaging Personified

Respondent’s Exhibit 45

Agency Memo dated August 16, 2007

regarding Packaging Personified

Respondent’s Exhibit 46

Respondent’s Exhibit 47

Respondent’s Exhibit 48

Agency Request for Additional Information

dated April 14, 2009

Respondent’s Exhibit 49

Letter dated May 13, 2009 from Mostardi

Platt Environmental to Agency

Respondent’s Exhibit 50

Letter dated May 13, 2009 with attached

documents from Packaging Personified to

Respondent’s Exhibit 51

Respondent’s Exhibit 52

Emissions Summary

Respondent’s Exhibit 53

Respondent’s Exhibit 54

Respondent’s Exhibit 55

Expert Report Prepared by Richard

Trzupek dated June 23, 2009

Respondent’s Exhibit 56

Permit Application dated June 28, 2002

from Packaging Personified to Agency

Respondent’s Exhibit 57

Notes/Control Cost Spreadsheet regarding

Formel Industries

Respondent’s Group Exhibit 58

FESOP Permits for Formel Industries

issued August 23, 2005; Aargus Plastics

issued May 7, 2008; and CAAPP and Title

I Permit for Aargus Plastics issued

February 10, 2000