~ED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
NOV15200
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
)
STATEOFILLINOIS
of the State of
Illinois,
)
POIjtjti~
Control
Board
Complainant,
)
PCB No. 05—~’J~
v.
)
(Enforcement
-
Air)
SPECIALTY PROMOTIONS,
INC. d/b/a
SPECIALTY PRINTING COMPANY,
a Foreign Corporation,
Respondent.
NOTICE OF FILING
TO:
Adam M. Lefebvre, Registered Agent
Specialty Promotions,
Inc.
d/b/a Specialty Printing Company
6019 West Howard Street
Niles,
IL 60714
PLEASE TAKE NOTICE that
I have today filed the Complaint with
the Office of the Clerk of the Illinois Pollution Control Board,
a
true and correct copy of which is attached hereto and herewith
served upon you..
Pursuant to 35
Ill. Adm.
Code 103.204(f),
I am
required to advise you that failure
to file an answer to this
Complaint within
60 days may have severe
consequences.
Failure
to
answer will mean that all allegations in
the Complaint will be taken
as if admitted for purposes of this proceeding.
If you
have any
questions about this procedure, you should contact the hearing
officer assigned to this proceeding, the Clerk’s Office or an
attorney.
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
of the State of Illinois
BY:
ii~t~4~
&~1~I71?1
MICHAEL
C.
PARTEE
Assistant Attorney General
Environmental Bureau North
188 West Randolph Street,
Suite 2001
Chicago, Illinois 60601
Tel:
(312)814-2069
Attorney ID No.
99000
BEFORE THE
ILLINOIS POLLUTION
CONTROL
BOARD
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
of the State of Illinois,
Complainant,
)
PCB No.
05-
v.
)
(Enforcement
-
Air)
SPECIALTY PROMOTIONS,
INC. d/b/a
)
SPECIALTY PRINTING COMPANY,
)
CL~0~
a Foreign Corporation,
)
~
Respondent.
)
F
COMPLAINT
Complainant,
PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN,
Attorney General of the State of Illinois,
complains of Respondent,
SPECIALTY PROMOTIONS,
INC. d/b/a SPECIALTY PRINTING COMPANY, a
foreign corporation,
as
follows:
COUNT I
CAUSING OR ALLOWING AIR POLLUTION
1.
This Count is brought in the name of the PEOPLE OF THE
STATE OF ILLINOIS, •by LISA MADIGAN, Attorney General of the State of
Illinois,
on her own motion and at the request of the Illin?is
Environmental Protection Agency (“Illinois EPA”) pursuant to Section
31 of the Illinois Environmental Protection Act
(“Act”), 415 ILCS
5/31
(2002)
2.
The Illinois EPA is an agency of the State of Illinois
created by the Illinois General Assembly in Section 4 of the Act,
415 ILCS 5/4
(2002), and charged,
inter al.ia,
with the duty of
enforcing the Act.
3.
At all times relevant to the Complaint,
SPECIALTY
pROMOTIONS,
INC.
d/b/a SPECIALTY PRINTING COMPANY
(“Specialty”) was
and is a Texas corporation authorized to transact business in
Illinois.
4.
Specialty owns and operates a commercial printing
facility located at 6019 West Howard Street,
Niles,
Cook County,
Illinois.
5.
Cook County,
Illinois,
is designated a “severe”
nonattainment area for the ozone air quality standard pursuant to 40
C.F.R.
81.314.
6.
On November 13,
1998,
the Illinois EPA issued lifetime
operating permit no.
98080009 to Specialty for commercial printing
equipment that includes one heatset offset printing press,
five
sheetfed offset printing presses, and one letter press.
7.
The commercial printing equipment covered by lifetime
operating permit no.
98080009 emits volatile organic material
(“VOM”)
to the atmosphere.
8.
Between about March 2002 and August 2002, Specialty
constructed and began operating additional
commercial printing
equipment,
including one coldset web press,
an oxidizer, and one
heatset web press with oxidizer
(the “additional commercial printing
equipment”),
all without obtaining a construction permit from the
Illinois EPA and without either modifying lifetime operating permit
no. 98080009 or obtaining a new operating permit from the Illinois
EPA.
2
9.
The additional commercial printing equipment also emits
VOM to the atmosphere.
10.
Specialty failed to submit a compliance certification
pursuant to the Illinois EPA upon start-up of the heatset web press
with oxidizer that was installed and began operating between about
March 2002 and August 2002.
11.
In April
2003, Specialty tested the VOM emissions from
its two oxidizers.
The results of the April 2003 emission tests
showed that the VOM destruction efficiency of both oxidizers was
less than 90.
12.
On November
14,
2003,
a representative of the Illinois
EPA inspected Specialty’s facility.
The Illinois EPA representative
observed that Specialty was operating the additional commercial
printing equipment without construction or operating permits from
the Illinois EPA.
13.
Also on November 14,
2003,
the Illinois EPA
representative observed that the emission monitoring equipment for
the oxidizer on Specialty’s heatset web press was not functioning
properly.
14.
As of November
14,
2003,
the Illinois EPA had not
received any notification from Specialty that the emission
monitoring equipment on Specialty’s two oxidizers was functioning
improperly.
15.
On information and belief,
the potential to •emit VOM from
Specialty’s facility increased to at least 25 tons per year upon
commencing operation of the additional
commercial printing
3
equipment.
16.
On information and belief, the combined emissions of VOM
from Specialty’s facility exceeded 100 pounds per day and 18.3 tons
per year before the application of capture and control devices upon
commencing operation of the additional commercial printing
equipment.
17.
Specialty did not submit a report to the Illinois EPA’s
Compliance Section in Springfield,
Illinois, within 30 days after
its combined emissions of VOM exceeded 100 pounds per day and 18.3
tons per year before the application of capture and control devices
upon commencing operation of the additional commercial printing
equipment.
18.
On information and belief,
Specialty did not include
actual VOM emissions in its 2002 Annual Emission Report to the
Illinois EPA from the additional commercial printing equipment.
19.
Specialty’s facility is subject to the Act and the
Illinois EPA’S and Board’s Air Pollution Regulations promulgated
under the Act at Title
35,
Subtitle B,
Chapter
I of the Illinois
Administrative Code.
20.
Section 3.315 of the Act,
415 ILCS 5/3.315
(2002),
provides as follows:
“PERSON”
is any individual,
partnership, co-partnership,
firm,
company,
limited liability company,
corporation,
association,
joint stock company, trust,
estate,
political subdivision,
state agency, or any other legal
entity,
or their legal representative,agency or assigns.
21.
Specialty,
a foreign corporation,
is a “person” as that
term is defined in Section 3.315 of the Act.
4
22.
Section 3.165 of the Act, 415 ILCS 5/3.165
(2002),
provides as follows:
“CONTATVIINANT” is any solid,
liquid,
or gaseous matter,
any odor,
or any form of energy,
from whatever source.
23.
Section 3.115 of the Act, 415 ILCS 5/3.115
(2002),
provides as follows:
“AIR POLLUTION”
is the presence in the atmosphere of one
or more contaminants in sufficient quantities and of such
characteristics and duration as to be injurious to human,
plant, or animal life,
to health,
or to property,
or to
unreasonably interfere with the enjoyment of life or
property.
24.
The VOM emitted from the additional printing equipment at
Specialty’s facility is a “contaminant” as that term is defined in
Section 3.165 of the Act.
25.
The VOM emitted from the additional printing equipment at
Specialty’s facility is in sufficient quantities and of such
characteristics and duration as to be injurious to human,
plant,
or
animal life,
to health, or to property,
or to unreasonably interfere
with the enjoyment of life or property and,
therefore,
constitute
“air pollution”
as that term is defined in Section 3.115 of the Act.
26.
Section
9(a)
of the Act,
415 ILCS 5/9(a)
(2002), provides
as follows:
Acts prohibited.
No person shall:
(a)
Cause or threaten or allow the discharge or emission
of any contaminant into the environment in any state
so as to cause or tend to cause air pollution in
Illinois,
either alone or in combination with
contaminants
from other sources,
or so as to violate
regulations or standards adopted by the Board under
this Act;
27.
Section 201.141 of the Board’s Air Pollution Regulations,
35 Ill. Adm. Code 201.141, provides,
in relevant part,
as follows:
5
Prohibition of Air Pollution
No person shall cause or threaten or allow the discharge
or emission of any contaminant into the environment in
any State so
as, either alone or in combination with
contaminants from other sources,
to cause or tend to
cause air pollution in Illinois, or so as to violate the
provisions of this Chapter
.
.
28.
By causing, threatening or allowing the discharge or
emission of a contaminant into the environment from its facility
from about March 2002 until to the present so as to unreasonably
interfere with the enjoyment of life and/or property of nearby
residents,
Specialty caused or tended to cause air pollution in
Illinois.
29.
By causing or tending to cause air pollution in Illinois,
Specialty violated Section 9(a)
of the Act and Section 201.141 of
the Board’s Air Pollution Regulations.
WHEREFORE,
Complainant respectfully requests that the Board
enter an order in favor of Complainant and against Respondent on
this Count
I:
1.
Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2.
Finding that Respondent violated the Act and regulations
as alleged herein;
3.
Ordering Respondent to cease and desist from any further
violations of the Act and regulations;
4.
Assessing against Respondent a civil penalty of fifty
thousand dollars
($50,000.00)
for each violation of the Act and
regulations,
and an additional penalty of ten thousand dollars
($10,000.00)
for each day during which each violation continued
6
thereafter;
5.
Awarding to Complainant its costs and reasonable
attorney’s
fees; and
6.
Granting such other relief as the Board deems
appropriate.
•
COUNT II
CONSTRUCTING NEW EMISSION SOURCES AND NEW AIR POLLUTION CONTROL
EQUIPMENT WITHOUT CONSTRUCTION PERMITS
1-25.
Complainant realleges and incorporates by reference
herein paragraphs
1 through 25 of Count
I as paragraphs
1 through 25
of this Count
II.
26.
Section
9(b)
of the Act,
415 ILCS 5/9(b)
(2002), provides
as follows:
No person shall:
*
*
*
(b)
Construct,
install, or operate any equipment,
facility, vehicle, vessel, or aircraft capable of
causing or contributing to air pollution or designed
to prevent air pollution,
of any type designated by
Board regulations, without a permit granted by the
Agency,
or in violation of any conditions imposed by
such permit;
27.
Section 201.142 of the Board’s Air Pollution Regulations,
35 Ill. Adm.
Code 201.142, provides,
in relevant part,
as follows:
Construction Permit Required.
No person shall cause or allow the construction of any
new emission source or any new air pollution control
equipment,
or cause or allow the modification of any
existing emission source or air pollution control
equipment,
without first obtaining a construction permit
from the Agency
7
28.
Section 201.102 of the Board’s Air Pollution Regulations,
35 Ill.
Adtn.
Code 201.102, provides, in relevant part,
as follows:
Definitions.
*
*
*
“Emiäsion Source”: any equipment or facility of a type
capable of emitting specified air contaminants into the
atmosphere.
*
*
*
“New Air Pollution Control Equipment”: any air pollution
control equipment,
the construction or modification of
which is commenced on or after April
14,
1972.
“New Emission Source”: any emission source,
the
construction or modification of which is commenced on or
after April
14,
1972.
29.
The coldset web press and heatset web press that were
constructed at Specialty’s facility between about March 2002 and
August 2002, which is after April 14,
1972,
are “new emission
sources” as that term is defined in Section 201.102 of the Board’s
Air pollution Regulations.
30.,
The two oxidizers that were constructed at Specialty’s
facility between about March 2002 and August 2002, which is also
after April
14,
1972, are “new air pollution control equipment”
as
that term is defined in Section 201.102
of the Board’s Air Pollution
Regulations.
31.
Specialty failed to obtain construction permits from the
Illinois EPA prior to causing or allowing the construction of new
emission sources and new air pollution control equipment at its
facility between about March 2002 and August 2002.
8
32.
By failing to obtain construction permits from the
Illinois EPA prior to causing or allowing construction of new
emission sources and new air pollution control equipment at its
facility,
Specialty violated Section
9(b)
of the Act and Section
201.142 of theBoard’s Air Pollution Regulations.
WHEREFORE,
Complainant respectfully requests that the Board
enter an order in favor of Complainant and against Respondent on
this Count
II:
1.
Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2.
Finding that Respondent violated the Act and regulations
as alleged herein;
3.
Ordering Respondent
to cease and desist from any further
violations of the Act and regulations;
4.
Assessing against Respondent a civil penalty of fifty
thousand dollars
($50,000.00)
for each violation of the Act and
regulations,
and an additional penalty of ten thousand dollars
($10,000.00)
for each day during which each violation continued
thereafter;
5.
Awarding to Complainant its costs and reasonable
attorney’s
fees; and
6.
Granting such other relief as the Board deems
appropriate.
9
COUNT
III
OPERATING
NEW
EMISSION SOURCES AND
NEW
AIR POLLUTION CONTROL
EQUIPMENT WITHOUT OPERATING PERMITS
1-29.
Complainant realleges and incorporates by reference
herein paragraphs
1 through 26 and 28 through 30 of Count II as
paragraphs
1 through 29 of this Count
III.
30.
Section 201.143 of the Board’s Air Pollution Regulations,
35
Ill.
Adm. Code 201.143, provides as follows:
Operating Permits for New Sources.
No person shall cause or allow the operation of any new
emission source or new air pollution control equipment of
a type for which a construction permit is required by
Section 201.142 without first obtaining an operating
permit from the Agency, except for such testing
operations
as may be authorized by the construction
permit.
Applications for operating permits shall be made
at such times and contain such information
(in addition
to the information required by Section 201.157 as shall
be specified in the construction permit.
31.
Specialty failed to obtain operating permits from the
Illinois EPA prior to causing or allowing the operation of new
emission sources and new air pollution control equipment at its
facility between about March 2002 and August 2002.
32.
By failing to obtain operating permits prior to causing
or allowing the operation of new emission sources and new air
pollution control equipment at its facility between about March 2002
and August 2002, Specialty violated Section 9(b)
of the Act and
Section 201.143 of the Board’s Air Pollution Regulations.
WHEREFORE,
Complainant respectfully requests that the Board
enter’ an order in favor of Complainant and against Respondent on
this Count III:
10
1.
Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2.
Finding that Respondent violated the Act and regulations
as alleged herein;
3.
Ordering Respondent to cease and desist from any further
violations of the Act and regulations;
4.
Assessing against Respondent a civil penalty of fifty
thousand dollars
($50,000.00)
for each violation of the Act and
regulations,
and an additional penalty of ten thousand dollars
($10,000.00)
for each day during which each violation continued
thereafter;
5.
Awarding to Complainant its costs and reasonable
attorney’s
fees; and
6.
Granting such other relief as the Board deems
appropriate.
COUNT
IV
CONSTRUCTING A
MAJOR
SOURCE OF VOM WITHOUT CA~PPPERMITS
1-26.
Plaintiff
realleges and incorporates by reference herein
paragraphs
1 through 26 of Count II as paragraphs
1 through 26 of
this Count
IV.
27.
Section 203.201 of the Board’s Air Pollution Regulations,
35
Ill.
Adm.
Code 203.201, provides,
in relevant part,
as follows:
Prohibition
In any nonattainment area,
no person shall cause or allow
the construction of a new major stationary source or
major modification that is major for the pollutant for
which the area is designated a nonattainment area,
except
11
as in compliance with this Part for that pollutant.
In
areas designated nonattainment for ozone, this
prohibition shall
apply to new major stationary sources
or major modifications of sources that emit volatile
organic materials
.
.
28.
Section 203.203 of the Board’s Air Pollution Regulations,
•35 Ill. Adm. Code 2.03.203, provides as follows:
Construction Permit Requirement and Application.
(a)
A construction permit is required prior to actual
construction of a major new source or major
modification.
(b)
Applications for construction permits required under
this Section shall contain sufficient information to
demonstrate compliance with 35 Ill. Adm. Code 201
and the requirements
of this Part including,
but not
limited to,
Subpart
C.
(c)
The permit shall
include conditions specifying the
manner in which the requirements of Subparts B and C
of this Part are satisfied.
(d)
No permittee shall violate any condition contained
in a construction permit issued for a new major
stationary source or major modification which is
subject to this Part.
29.
Section 203.206 of the Board’s Air Pollution Regulations,
35
Ill. Adm.
Code 203.206, provides,
in relevant part,
as follows:
Major Stationary Source.
*
*
*
(b)
The following constitute a major stationary source:
(1)
For an area designated as nonattainment for
ozone,
a major stationary source is a
stationary source which emits or has the
potential to emit volatile organic material in
an amount equal to or greater than the
following:
*
*
*
(C)
25 tons per year in an area classified as
severe nonattainment for ozone;
.
.
.
12
30.
By constructing additional printing equipment at its
facility that increased its facility’s potential to emit VOM to at
least 25 tons per year in a severe nonattainment area for ozone,
Specialty constructed a new major stationary source.
31.
Specialty failed to obtain construction permits from the
Illinois EPA prior to causing or allowing the construction of a new
major stationary source.
32.
By failing to obtain construction permits from the
Illinois EPA prior to constructing a new major stationary source,
Specialty violated Section 9(b)
of the Act and Sections 203.201 and
203.203 of the Board’s Air Pollution Regulations.
WHEREFORE,
Complainant respectfully requests that the Board
enter an order in favor of Complainant and against Respondent on
this Count
IV:
1.
Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2.
Finding that Respondent violated the Act and regulations
as alleged herein;
3.
Ordering Respondent
to cease and desist from any further
violations of the Act and regulations;
4.
Assessing against Respondent
a civil penalty of fifty
thousand dollars
($50,000.00)
for each violation of the Act and
regulations, and an additional penalty of ten thousand dollars
($10,000.00)
for each day during which each violation continued
thereafter;
13
5.
Awarding to Complainant its costs and reasonable
attorney’s
fees; and
6.
Granting such other relief as the Board deems
appropriate.
COUNT V
OPERATING MAJOR SOURCES OF VOM WITHOUT CAAPP PERMITS
1-25.
Plaintiff
realleges and incorporates by reference herein
paragraphs
1
through
25
of
Count
I as paragraphs
1
throu~h
25
of
this Count V.
26.
Section 39.5(1)
of the Act,
415 ILCS 5/39.5(1)
(2002),
provides,
in relevant part,
as follows:
Clean Air Act Permit Program.
(1)
Definitions.
*
*
*
“CAAPP” means the Clean Air Act Permit Program,
developed pursuant Title V of the Clean Air Act.
*
*
*
“CAAPP source” means any source for which the owner
or operator is required to ‘obtain a CAAPP permit
pursuant to subsection
2 of thisSection.
27.
Section 39.5(2)
of the Act,
415 ILCS 5/39.5(2)
(2002),
provides,
in relevant part,
as follows:
Clean Air Act Permit Program.
•
*
*
*
(2)
Applicability.
(a)
Sources subject to this Section shall include:
14
(i)
Any major source as defined in paragraph
(c)
of this subsection.
*
*
*
(c)
For purposes of this Section the term “major
source” means any source that
is:
*
*
*
(iii) For ozone nonattainment areas,
sources
with the potential to emit
.
.
.
25 tons
or more per year in areas classified as
“severe”
.
.
28.
Specialty’s facility is a “major source” and “CAAPP
source” because it has the potential to emit at least 25 tons of
VOM.
per year in a severe ozone nonattainment area,
which meets the
applicable major source threshold of 25 tons of VOM per year under
Section 39.5(2)
of the Act.
29.
Section 39.5(5) (x)
of the Act,
415 ILCS 5/39.5(5) (x)
(2002),
provides,
in relevant part,
as follows:
Clean Air Act Permit Program.
*
*
*
(5)
Applications and completeness.
*
*
*
(x)
The owner or operator
of a new CAAPP source
shall submit its complete CAAPP application
with this subsection within 12 months after
commencing operation of such source.
The owner
or operator of an existing source that has been
excluded from the provisions of this Section
under subsection 1.1 or subsection
3(c)
of the
Section and that becomes subject to the CAAPP
solely due to a change in operation at the
source shall submit its complete CAAPP
application consistent with this subsection at
least 180 days before commencing operation in
accordance with the change in operation.
15
30.
Section 39.5(6) (a)
of the Act,
415 ILCS 5/39.5(6) (a)
(2002),
provides,
in relevant part,
as follows:
Clean Air Act Permit Program.
*
*
*
(6)
Prohibitions.
(a)
It shall be unlawful for any person to violate
any terms or conditions of a permit issued
under this Section, to operate any CAAPP source
except in compliance with a permit issued by
the Agency under this Section or to violate any
other applicable requirements.
31.
Section 270.301 of the Illinois EPA’s Air Pollution
Regulations,
35 Ill.
Adm. Code 270.301,
provides,
in relevant part,
as
follows:
Application Submittal.
(a)
In order for a submittal to be deemed timely,
an
owner or operator of an existing
CAAPP
source shall
submit to the Agency a complete initial CAAPP
application in acbordance with the schedule set
forth in Section 270.201 of this Part.
An owner or
operator of an existing CAAPP source may voluntarily
submit its initial CAAPP application prior to the
date required in this Part, provided that the CAAPP
submittal to the Agency is subsequent to the date
the Agency submits the CAAPP to USEPA for approval.
(b)
The owner or operator of a new CAAPP source shall
•
submit its complete CAAPP application consistent
with Section 39.5(5) of the Act
.
.
32.
Specialty’s facility is a new CAAPP source and, pursuant
to Section 39.5(5) (x)
of the Act and Section 270.301 of the Illinois
EPA’s Air Pollution Regulations,
its CAAPP application was due to
the Illinois EPA within twelve months after commencing operation of
the additional printing equipment between about March 2002 and
August
2002.
16
33.
By operating a new CAAPP source without a CAAPP operating
permit,
Specialty violated Sections 39.5(5) (x) of the Act and
Section 270.301 of the Illinois EPA’s Air Pollution Regulations.
WHEREFORE,
Complainant respectfully requests that the Board
enter an order in favor of Complainant and against Respondent on
this Count V:
1.
Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2.
Finding that Respondent violated the Act and regulations
‘as alleged herein;
3.
Ordering Respondent
to cease and desist from any further
violations of the Act and regulations;
4.
Assessing against Respondent a civil penalty of fifty
thousand dollars
($50,000.00)
for each violation of the Act and
regulations,
and an additional penalty of ten thousand dollars
($10,000.00)
for each day during which each violation continued
thereafter;
5.
•
Awarding to Complainant ‘its costs and reasonable
attorney’s
fees; and
6.
Granting such other relief as the Board deems
appropriate.
COUNT
VI
FAILING TO. ACHIEVE 90
REDUCTION IN
EMISSIONS
1-26.
Complainant realleges and incorporates by reference
herein
paragraphs
1
through
26 of Count
I as paragraphs 1
through
26
17
of this Count VI.
27.
Section 218.407 (a) (1) (C)
of the Board’s Air Pollution
Regulations,
35 Ill. Adm.
Code 218.407 (a) (1) (C), provides as
follows:
Emission Limitations and Control Requirements for
Lithographic Printing Lines On and After March 15,
1996
(a)
On and after March 15,
1996,
no owner or operator of
lithographic printing line(s)
subject to the
requirements of this Subpart shall:
(1)
Cause or allow the operation of any heatset web
offset lithographic printing line unless:
*
*
*
(C)
An afterburner is installed and operated
so that VOM emissions
(excluding methane
and ethane)
from the press dryer
exhaust(s)
are reduced by 90 percent, by
weight, or to a maximum afterburner
exhaust outlet concentration of 20 ppmv
(as carbon);
28.
Upon emitting greater than 100 pounds per day of VOM from
its lithographic printing operations,
Specialty became subject to
the Board’s lithographic printing regulations.
29.
The VOM emission test conducted by Specialty in April
2003 showed that Specialty failed to reduce emissions from its
/
lithographic printing operations by 90
in at least April 2003.
30.
By
failing to reduce emissions from its lithographic
printing operations by
90,
Specialty violated Section
218.407 (a) (1) (C) of the Board’s Air Pollution Regulations.
31.
By violating Section 218.407 (a) (1) (C)
of the Board’s Air
Pollution Regulations,
Specialty violated Section 9(a)
of the Act.
18
WHEREFORE, Complainant respectfully requests that the Board
enter an order in favor of Complainant and against Respondent
on
this Count VI:
1.
Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2.
Finding that Respondent violated the Act and regulations
as alleged herein;
3.
Ordering Respondent to cease and desist from any further
violations of the Act and regulations;
4.
Assessing against Respondent a civil penalty of fifty
thousand dollars
($50,000.00)
for each violation of the Act and
regulations,
and an additional penalty of ten thousand dollars
($10,000.00)
for each day during which each violation continued
thereafter;
5.
Awarding to Complainant its costs and reasonable
attorney’s
fees; and
6.
Granting such other relief as the Board deems
appropriate.
COUNT
VII
FAILING TO CERTIFY COMPLIANCE WITH LITHOGRAPHIC PRINTING RULES
1-26.
Complainant realleges and incorporates by reference
herein paragraphs
1 through 26 Count I as paragraphs
1 through 26 of
this Count VII.
27.
Section 218.411(b)
of the Board’s Air Pollution
‘Regulations,
35
Ill.
Adm. Code 218.411(b), provides,
in relevant
19
part,
as follows:
Recordkeeping and Reporting for Lithographic Printing
*
*
*
(b)
An owner or operator of
a heatset web offset
lithographic printing line(s)
subject to the control
requirements of Section 218.407 (a) (1) (C)
or
(b) (1)
of this Subpart shall comply with the following:
(1)
By March 15,
1996,
upon initial start-up of a
new printing line, and upon initial start-up of
a new control device for a heatset web offset
printing line,
submit a certification to the
Agency that includes the following:
(A)
An identification of each heatset web
offset lithographic printing line at the
source;
(B)
A declaration that each heatset web offset
lithographic printing line is in
compliance with the requirements of
Section 218.407
(a)
(1)
(B),
(a)
(1)
(C),
(a)
(1)
(D)
and
(a)
(1)
(E) or
(b)
of this
Subpart,
as appropriate;
(C)
The type of afterburner or other approved
control device used to comply with the
requirements
of Section 218.407 (a) (1) (C)
or
(b) (1)
of this Subpart;
(D)
The control requirements in Section
218.407 (a) (1) (C)
or
(b) (1)
of this Subpart
with which the lithographic printing line
is complying;
(E)
The results of all tests and calculations
necessary to demonstrate compliance with
the control requirements of Section
218.407 (a) (1) (C) or
(b) (1)
of this
Subpart,
as applicable;
and
(F).
A declaration that the monitoring
equipment required under Section
218.407 (a) (1) (D) or
(b)
of this Subpart,
as applicable, has been properly installed
and calibrated according to manufacturer’s
specifications;,
20
28.
Between about March 2002 and August 2002,
Specialty
installed an oxidizer with its heatset web press in order to comply
with the Board’s lithographic printing regulations.
29.
Specialty failed submit
a compliance certification
pursuant Section 218.411(b)
of the Board’s Air Pollution Regulations
to the Illinois EPA upon start-up of its lithographic printing line.
30.
By failing to submit said compliance certification to the
Illinois EPA,
Specialty violated Section 218.411(b)
of the Board’s
Air Pollution Regulations.
31.
By violating Section 218.411(b)
of the Board’s Air
Pollution Regulations,
Specialty violated Section
9(a)
of the Act.
WHEREFORE,
Complainant respectfully requests that the Board
enter an order in favor of Complainant and against Respondent on
this Count VII:
1.
Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2.
Finding that Respondent violated the Act and regulations
as alleged herein;
3.
Ordering Respondent to cease and desist from any further
violations of the Act and regulations;
4.
Assessing against Respondent
a civil penalty of fifty
thousand dollars
($50,000.00)
for each violation of the Act and
regulations,
and an additional penalty of ten .thousand dollars
($10,000.00)
for each day during which each violation continued
thereafter;
21
5.
Awarding to Complainant its costs and reasonable
attorney’s
fees;
and
6.
Granting such other relief as the Board deems
appropriate.
COUNT
VIII
FAILING TO FILE COMPLETE ANIWAL EMISSION REPORT
1-26.
Complainant realleges and incorporates by reference
herein paragraphs
1 through 26 of Count
I as paragraphs
1
through
26
of this Count VIII.
27.
Section 254.303(b)
of the Board’s Air Pollution
Regulations,
35 Ill. Adm. Code 254.303(b), provides as follows:
Contents of Subpart C Annual Emissions Report
The Annual Emissions Report to be filed pursuant to this
Subpart shall contain the following information:
*
*
*
(b)
Source-wide totals of actual emissions for all
regulated air pollutants emitted by the source.
•
28.
Specialty failed to include actual VOM emissions from the
additional commercial printing equipment in its 2002 Annual Emission
Report.
29.
By
failing
to
include
actual
VOM
emissions from the
additional
commercial
printing
equipment
in
its
2002
Annual
Emission
Report,
Specialty violated Section
254.303(b)
of
the
Board’s
Air
Pollution
Regulations.
30.
By violating 254.303(b)
of the Board’s Air Pollution
Regulations,
Specialty violated Section 9(a)
of the Act.
22
WHEREFORE,
Complainant respectfully requests that the Board
enter an order in favor of Complainant and against Respondent on
this Count VIII:
1.
Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2.
Finding that Respondent violated the Act and ‘regulations
as alleged herein;
3.
Ordering Respondent to cease and desist from any further
violations of the Act and regulations;
4.
Assessing against Respondent a civil penalty of fifty
thousand dollars
($50,000.00)
for each violation of the Act and
regulations, and an additional penalty of ten thousand dollars
($10,000.00)
for each day during which each violation continued
thereafter;
5.
Awarding to Complainant its costs and reasonable
attorney’s
fees; and
6.
Granting such other relief as the BOard deems
appropriate.
COUNT
IX
VIOLATING
SPECIAL
CONDITION
NO.
2
OF
OPERATING
PERMIT
1-25.
Complainant realleges and incorporates by reference
herein paragraphs
1 through 25 of Count
I as paragraphs
1 through 25
of this Count
IX.
26.
Special Condition No.
2 of Specialty’s lifetime operating
permit no.
98080009 provides,
in relevant part,
as follows:
23
This permit is subject to standard conditions
attached hereto and the following special condition(s)
*
*
*
(2)
This permit is issued based on the combined
emissions of VOM from all lithographic printing
lines, at the source (including solvents used for
cleanup operations associated with the lithographic
printing lines)
never exceeding 100 lbs/day and 18.3
tons/year,
as determined in accordance with 35
Ill.
Adm. Code 218.411(a) (1) (B),
before the application
of capture systems and control devices.
27.
Complainant realleges and incorporates by reference
herein paragraph 26 of Count II as paragraph 27 of this Count
IX.
28.
Upon commencing operation of the additional commercial
printing equipment,
the combined emissions of VOM from Specialty’s
facility exceeded 100 pounds per day and 18.3 tons per year before
the application of capture and control devices.
29.
By exceeding these allowable daily and annual emissions,
Specialty violated Special Condition No.
2 of lifetime operating
permit no.
98080009.
30.
By violating Special Condition No.
2 of lifetime
operating permit no.
98080009, Specialty violated Section 9(b)
of
the Act.
WHEREFORE,
Complainant respectfully requests that the Board
enter an order in favor of Complainant and against Respondent on
this Count
IX:
1.
Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2.
Finding that Respondent violated the Act and regulations
as alleged herein;
24
3.
Ordering Respondent to cease and desist from any further
violations of the Act and regulations;
4.
Assessing against Respondent a civil penalty of fifty
thousand dollars
($50,000.00)
for each violation of the Act and
regulations,
and an additional penalty of ten thousand dollars
($10,000.00)
for each day during which each violation continued
thereafter;
5.
Awarding to Complainant its costs and reasonable
attorney’s
fees; and
6.
Granting such other relief as the Board deems
appropriate.
COUNT
X
VIOLATING
SPECIAL
CONDITION
NO.
5
OF
OPERATING
PERMIT
1-25.
Complainant realleges and incorporates by reference
herein paragraphs. 1 through 25 of Count
I as paragraphs 1 through 25
of this Count
X.
26.
Special Condition No.
5 of Specialty’s lifetime operating
permit no.
98080009 provides, in relevant part,
as follows:
This permit is subject to standard conditions
attached hereto and the following special condition.(s)
*
*
*
(5)
If there is an exceedance of the requirements
of this permit as determined by the records
required by this permit,
the Permittee shall
submit
a report to the Illinois EPA’s
Compliance Section in Springfield,
Illinois
within 30 days after the exceedance.
The
report shall include the emissions released in
accordance with the recordkeeping requirements,
a copy of the relevant records, and a
25
description
of
the
exceedance
or
violation
and
efforts
to
reduce
emissions
and
future
occurrences.
27.
Complainant
realleges
and
incorporates
by
reference
herein paragraph
26
of
Count
II
as paragraph
27
of
this
Count
X.
28.
Upon commencing operation of the additional commercial
printing
equipment,
the
combined
emissions
of VOM from Specialty’s
facility exceeded the allowable limits of 100 pounds per day and
18.3
tons
per
year
before
the
application
of
capture
and
control
devices
under
Special
Condition
No.
2
of lifetime operating permit
no.
98080009.
29.
By exceeding the allowable limits under Special Condition
No.
2 of lifetime operating permit no. 98080009, Specialty exceeded
a requirement of the permit, but failed to submit a report to the
Illinois EPA’s Compliance Section in Springfield,
Illinois within 30
days
after
the
exceedance.
30.
By failing to submit a report to the Illinois EPA’s
Compliance
Section in Springfield,
Illinois within 30 days after the
exceedance,
Specialty
violated
Special
Condition
No.
5 of lifetime
operating
permit
no.
98080009.
31.
By
violating
Special
Condition
no.
5
of
lifetime
operating
permit
no.
98080009,
Specialty
violated
Section
9(b)
of
the
Act.
WHEREFORE, Complainant respectfully requests that the Board
enter an order in favor of Complainant and against Respondent on
this Count X:
26
1.
Authorizing a hearing in this matter at which time’
Respondent will be required to answer the allegations herein;
2.
Finding that Respondent violated the Act and regulations
as alleged herein;
3.
Ordering Respondent
to cease and desist from any further
violations of the Act and regulations;
4.
Assessing
against
Respondent
a
civil
penalty
of
fifty
thousand
dollars
($50,000.00)
for
each violation of the Act and
regulations,
and
an
additional
penalty
of
ten
thousand
dollars
($10,000.00)
for each day during which each violation continued
thereafter;
5.
Awarding to Complainant its costs and reasonable
attorney’s
fees; and
6.
Granting such other relief as the Board deems
appropriate.
COUNT
XI
VIOLATING
SPECIAL
CONDITION
NO.
7
OF
OPERATING
PERMIT
1-25.
Complainant
realleges
and
incorporates by reference
herein
paragraphs
1
through
25
of
Count
I
as
paragraphs
1
through
25
of
this
Count
XI.
26.
Special
Condition
No.
7.
of
Specialty’s lifetime operating
permit
no.
98080009 provides,
in relevant part,
as follows:
This
permit
is
subject
to
standard
conditions
attached hereto and the following special condition(s)
*
*
*
27
(7)
Persons
with
lifetime operating permits must obtain
a
revised
permit
for
any
of
the
following
changes
at
the
source:
(a)
An increase in emissions above the amount the
emission unit or the source is permitted to
emit;
(b)
A modification;
•
(c)
A change
in operations that will result in the
source’s noncompliance with conditions
in the
existing permit;
,
or
(d)
A change in ownership,
company name,
or
•
address,
so that the application of existing
permit is not longer accurate.
27.
Complainant realleges and incorporates by reference
herein paragraph 26 of Count II as paragraph 27 of this Count XI.
28.
Section 201.102 of the Board’s Air Pollution Regulations,
35 Ill. Adm.
Code 201.102,
provides,
in relevant part,
as follows:
Definitions.
*
*
*
“Modification”: any physical change in, or change in the
method of operations
of, an emission source or of air
pollution control equipment which increases the amount of
any specified air contaminant emitted by such source or
equipment or which results in the emission of any
specified air contaminant not previously emitted.
It
shall be presumed that an increase in the use of raw
materials,
the time of operation or the rate of
production will change the amount of any specified air
contaminant emitted
.
.
29.
Specialty’s construction and operation of additional
commercial printing equipment was a “modification”
as that term is
defined in Section 201.102 of the Board’s Air Pollution Regulations
because
it increased the amount of VOM emitted by its facility.
30.
By making a “modification”
to its facility,
Specialty
violated special condition no.
7 of lifetime operating permit no.
28
98080009.
31.
By violating special condition no. 7 of lifetime
operating permit no.
98080009, Specialty violated Section
9(a)
of
the Act.
WHEREFORE,
Complainant respectfully requests that the Board
enter an order in favor of Complainant and against Respondent on
this Count XI:
1.
Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2.
Finding that Respondent violated the Act and regulations
as alleged herein;
3.
Ordering Respondent to cease and desist from any further
violations of the Act and regulations;
4.
Assessing against Respondent a civil penalty of fifty
thousand dollars
($50,000.00)
for each violation of the Act and
regulations,
and an additional penalty of ten thousand dollars
($10,000.00)
for each day during which each violation continued
thereafter;
5.
Awarding to Complainant its costs and reasonable
attorney’s
fees;
and
6.
Granting such other relief as the Board deems
appropriate.
29
COUNT
XII
FAILING
TO
MAINTAIN
AND
OPERATE
CONTINUOUS
EMISSION
MONITORING
EQUIPMENT
1-26.
Complainant realleges and incorporates by reference
herein paragraphs
1 through 26 of Count
I as paragraphs
1 through 26
of this Count XII.
27.
Section 218.407 (a) (1) (D)
of the Board’s Air Pollution
Regulations,
35 Ill. Adm.
Code 218.407 (a) (1) (D),
provides as
follows:
Emission Limitations and Control Requirements for
•
Lithographic Printing Lines On and After March 15,
1996.
(a)
On and after March 15,
1996,
no owner or operator of
lithographic printing line(s)
subject to the
•
requirements
of this Subpart shall:
(1)
Cause or allow the operation of any heatset web
offset lithographic printing line unless:
*
*
*
(D)
The afterburner is equipped with the
applicable
monitoring
equipment
specified
in
Section
218.105(d)
(2)
of this Part and
the
monitoring
equipment
is installed,
calibrated,
operated,
and
maintained
according
to
manufacturer’s
specifications
at all time’s when the afterburner is in
use;
28.
By
failing’
to
have
properly
functioning
emission
monitoring
equipment
on
the
oxidizer
on
the
heatset
web
press,
which
is
also
known
as
an
afterburner,
on
at
least
November
14,
2003,
Specialty
failed
to
have
monitoring
equipment
that was calibrated,
operated
and
maintained
at
all
reasonable
times
when
the
oxidizer is
in
use.
30
29.
By failing to have monitoring equipment that was
calibrated,
operated and maintained at all reasonable times when the
oxidizer is in use,
Specialty violated Section 218.407 (a) (1) (D)
of
the
Board’s Air Pollution Regulations.
30.
By
violating
Section
218.407
(a)
(1)
(D)
of
the
Board’s
Air
Pollution
Regulations,
Specialty violated Section 9(a)
of
the
Act.
WHEREFORE,
Complainant respectfully requests that the Board
enter an order in favor of Complainant and against Respondent on
this Count XII:
1.
‘
Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2.
Finding that Respondent violated the Act and regulations
as alleged herein;
3.
Ordering
Respondent
to cease and desist from any further
violations
of the Act and regulations;
4.
Assessing against Respondent a civil penalty of fifty
thousand
dollars
($50,000.00)
for
each
violation
of
the
Act
and
regulations,
and
an
additional
penalty
of ten thousand dollars
($10,000.00)
for
each day during which each violation continued
thereafter;
5.
Awarding to Complainant its costC and reasonable
attorney’s
fees; and
6.
Granting such other relief as the Board deems
appropriate.
31
BY:
OF
COUNSEL:
MICHAEL
C.
PARTEE
Assistant Attorney General
Environmental Bureau North
188 West Randolph Street,
Suite 2001
Chicago, Illinois
60601
Tel:
(312)814-2069
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney
General of the State of Illinois
MATTHEW J.
DUNN,
Chief
Environmental
Enforcement/
Asbestos
Litigation
Division
Chie~,((
Environmental Bureau N~r~h
Assistant
Attorney
General
32
CERTIFICATE
OF
SERVICE
It
is
hereby certified that a true and correct copy of the
Complaint
was
sent by certified mail with return receipt requested
to
the
person
listed
on
the
Notice
of
Filing
on
November
15,
2004.
BY:____
MICHAEL
C.
PARTEE
It is also hereby certified that the original plus nine
(9)
copies of the Complaint were hand-delivered to the following person
on
November
15,
2004:
Pollution
Control
Board,
Attn:
Clerk
James
H. Thompson Center
100 West Randolph Street,
Suite .11-500
Chicago,
Illinois 60601
BY:
4t~k~~)
£OI~I
MICHAEL
C.
PARTEE
