CEivcD - Pcb.illinois.gov

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BEFORE THE ILLINOIS POLLUTION CONTROL BOARDcEivcDERIcs OFFICEROHM AND HAAS COMPANYJAN l 3 2008Petitioner,!ATE OF ILLINOISIon Control Boardv.ILLINOIS ENVIRONMENTALPROTECTION AGENCY,PCB 05-464FESOP Permit AppealRespondent.NOTICE OF FILINGCarol Webb, Hearing OfficerIllinois Pollution Control Board1021 North Grand Avenue EastP.O. Box 19274Springfield, Illinois 62794-9274Dennis BrownDivision of Legal CounselIllinois Environmental Protection Agency1021 North Grand Avenue EastP.O. Box 19276Springfield, Illinois 62794-9276Please take notice that on January 23, 2008, the undersigned caused to be filedwith the Clerk of the Illinois Pollution Control Board, Petitioner's VoluntaryWithdrawal of Permit Appeal, copies of which are herewith served upon you.Rohm and Haas Chemicals LLCByOne of its AttorneysA. Bruce WhiteChristopher W. NewcombKaraganis, White & Magel, Ltd.414 North Orleans Street, Suite 810Chicago, Illinois 60610(312) 836-1177

BEFORE THE ILLINOIS POLLUTION CONTROL BOARDROHM AND HAAS COMPANY,RECEIVEDCLERK'S OFFICEJAN Z 3 2008Petitioner,v.ILLINOIS ENVIRONMENTALPROTECTION AGENCY,STATE OF ILLINOIS"ollution Control BoardPCB 05-164FESOP Permit AppealRespondent.VOLUNTARY WITHDRAWAL OF FESOP PERMIT APPEALNOW COMES Petitioner, Rohm and Haas Chemicals LLC (Rohm & Haas), byand through its attorneys, Karaganis, White & Magel, Ltd., and hereby voluntarilywithdraws the above-captioned appeal of the FESOP Renewal issued to Rohm & Haas'Kankakee facility on February 7, 2005. In support of this withdrawal, Rohm & Haasstates:1.Rohm & Haas is the owner and operator of a polymer emulsionmanufacturing plant located at 1400 Harvard Drive, Kankakee, Illinois (the Plant).Kankakee County is designated as an attainment area for all criteria air pollutants, andthe Plant is a minor source for all pollutants -- VOM, HAPs (both collectively andindividual), PM, NOx and CO. Historically, the Plant has consistently emitted wellbelow 25 tpy VOM or PM, well below 10 tpy for any individual HAP, and well below25 tpy for all HAPs.

2.The Plant's previousFESOPwas issued by IllinoisEPAon January 10,2000 and expired on January 10, 2005. On July 9, 2004, Rohm & Haas timely filed anapplication for renewal of the Plant'sissued aFESOP3.FESOP.On February 7, 2005, the IllinoisEPARenewal (App. No. 89060066) to the Plant.Rohm & Haas timely filed its Petition for Review of certain conditionsincluded in thatFESOPRenewal on the bases that the conditions added to theRenewal that were not present in the Plant's previousFESOP,FESOPand were neitherauthorized nor necessary to accomplish the purposes of the Act. Additionally,applicable environmental laws would not be violated if the previousFESOPpermit wasrenewed without revision. The Board accepted Rohm and Haas' Petition for Review onMarch 17, 2005.4.Over the course of negotiations to resolve the permit appeal, Rohm andHaas accepted several revisions to conditions outside the limited number of conditionsthat were the subject of the appeal, and submitted specific draft language in response tothe Agency's overhaul of the facility's5.FESOP.Additionally, on May 18, 2007, Rohm and Haas submitted a LetterApplication for Revision to effectuate specific agreed-upon revisions in the proposeddraftFESOP.Concurrently, Rohm and Haas submitted an application for ConstructionPermit to install two underground storage tanks. The decision deadline for the Agencyto issue a final decision on these applications was extended by agreement to January 14,2007.2

6.On January 14, 2007, the Agency issued a Revised FESOP, which permitresolves those specific issues that were the subject matter of Permit Appeal No. PCB 05164. The final Revised FESOP contains the Condition Lb that states the permit shallbecome effective only upon the withdrawal of Permit Appeal PCB 2005-164. Toeffectuate the effectiveness of the Revised FESOP issued January 14, 20077.Nothing stated herein is intended to waive any right of Rohm and Haashas to appeal conditions of the Revised FESOP issued by the Illinois EPA on January 14,2007, and Rohm and Haas expressly reserves all its rights and remedies available toappeal any objectionable condition therein.WHEREFORE, to effectuate the effectiveness of the final Revised FESOP, Rohn& Haas hereby voluntarily withdraws its FESOP Permit Appeal No. PCB 05-164.Respectfully submitted,ROHM AND HAAS CHEMICALS LLCAL-One of its attorneysBruce WhiteChristopher NewcombKaraganis, White & Magel, Ltd.414 N. Orleans Street, Suite 810Chicago, Illinois 60610(312) 836-1177CNRHK253

CERTIFICATE OF SERVICEI, the undersigned, certify that I have caused the foregoing VoluntaryWithdrawal of Permit Appeal to be served by facsimile and U.S. Mail upon each personlisted below, on this 23rd day of January, 2008.Dennis BrownDivision of Legal CounselIllinois Environmental Protection Agency1021 North Grand Avenue EastP.O. Box 19276Springfield, Illinois 62794-9276Carol Webb, Hearing OfficerIllinois Pollution Control Board1021 North Grand Avenue EastP.O. Box 19274Springfield, Illinois 62794-9274Christopher W. NewcombAttorney for Petitioner, Rohm and HaasChemicals LLC

Kankakee facility on February 7, 2005. In support of this withdrawal, Rohm Haas states: 1. Rohm Haas is the owner and operator of a polymer emulsion manufacturing plant located at 1400 Harvard Drive, Kankakee, Illinois (the Pl

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