BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,)
Complainant,)
-vs
-
)
PCB No. 06-
)
(Enforcement
-
Air)
QUANTUM COLOR GRAPHICS, L.L.C., an
)
Illinois limited liability company,)
Respondent.)
NOTICE OF FILING
TO:
See Attached Service List
(VIA ELECTRONIC FILING)
PLEASE TAKE NOTICE that today I have
filed
with the Office of the Clerk of the
Illinois Pollution Control Board by electronic filing the following Complaint, a copy of which is
attached and hereby served upon you.
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.
NOTIFICATION
YOU ARE HEREBY NOT IFIED that financing may be available through the Illinois
Environmental facilities financing act [20 ILCS 3515/1
et seq.]
to correct the alleged pollution.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
BY:
_
__
__
__
PAULA BVCKER WHEELER
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.,
2 0th
Floor
Chicago, Illinois 60601
DATE: September 6, 2005
312-814-1511
THIS FILING IS
SUBMIrI'ED ON RECYCLED PAPER
RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2005
* * * * * PCB 2006-035 * * * *
SERVICE LIST
Mr. Robert M. Baratta, Jr.
Attorney at Law
Freeborn & Peters LLP
311 South Wacker Drive
Suite 3000
Chicago, IL 60606-6677
Mr. Howard A. Balikov
Registered Agent
555
Skokie Blvd
Suite 400
Northbrook, IL 60062
* * * * * PCB 2006-035 * * * *
RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2005
BEFORE THE WLLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,)
Complainant,)
vs.
)
No.
)
(Air
-
Enforcement)
QUANTUM COLOR GRAPHICS, L.L.C.,)
an Illinois limited liability company,)
Respondent.)
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of the State of Illinois, complains of Respondent, QUANTUM COLOR
GRAPHICS, L.L.C., an Illinois limited liability company, as follows:
COUNT I
CONSTRUCTING EMISSION SOURCES WITHOUT A PERMIT
1.
This complaint is brought on behalf 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 Illinois Environmental Protection Agency ("Illinois EPA"), pursuant to Section 31 of the
Illinois Environmental Protection Act ("Act"),
415
ILCS
5/31(2004).
2.
The Illinois EPA is an administrative agency of the State of Illinois created
pursuant to Section
4
of the Illinois Environmental Protection Act, 415 ILCS 5/4 (2004), and
charged,
inter alia,
with the duty of enforcing the Act.
3.
At all times relevant to this complaint, Respondent, QUANTUM COLOR
1
RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2005
* * * * * PCB 2006-035 * * * *
GRAPHICS L.L.C., ("Quantum"), has been and is an Illinois limited liability company,
in good
standing.
4.
Respondent Quantum owns and operates a printing facility ("facility") at
6511 West Oakton Street, Morton Grove, Cook County, Illinois.
Emission sources currently at
the facility include four lithographic printing presses.
5.
In 1985, Respondent constructed and began operation of lithographic printing
press #240-1 ("Press I1").
Operation of Press 1 was discontinued in May of 1998.
In June of
1994, Respondent constructed and began operation of lithographic printing press #640-4 ("Press
4").
Operation of Press 4 was discontinued in July of 2004.
In September of 1997, Respondent
constructed and began operation of lithographic printing press #640-2 ("Press 2"), and
lithographic printing press #640-3 LYL ("Press 3").
In May of 1998, Respondent constructed
and began operation of lithographic printing press #540-5 ("Press 5"). In August of 2004,
Respondent constructed and began operation of lithographic printing press #840-4 ("Press 6").
As of the time of the filing of this complaint, Press 2, Press 3, Press
5
and Press 6 are still in
operation.
6.
Quantum did not apply for or obtain a construction permnit from the Illinois
EPA prior to its construction and operation of any of the emission sources stated in Paragraph
5
above, including the presses that are no longer in operation.
7.
Respondent's operation of the facility is subject to the Act and rules and
regulations promulgated by the Illinois Pollution Control Board ("Board") and the Illinois EPA.
The Pollution Control Board's regulations are found in Title 35, Subtitle B, Chapter I of the
Illinois Administrative Code ("Board Air Pollution Regulations"), and the Illinois EPA rules and
2
RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2005
* * * * * PCB 2006-035 * * * *
regulations for air pollution are found in Title 35, Subtitle B, Chapter II of the Illinois
Administrative Code ("Illinois EPA Air Pollution Regulations").
8.
Section 3.120 of the Act, 415 ILCS 5/3.120 (2004), provides the following
definition:
"AIR POLLUTION" is the presence in the atmosphere of one of 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.
9.
Section 9(b) of the Act, 415 TLCS 5/9(b) (2004), 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;
10.
Section 201.142 of the Board Air Pollution Regulations, 35 111. Adm. Code
201.142, provides, in pertinent part, as follows:
No person shall cause or allow the construction of any new
emission source or any new air pollution control equipment ..
without first obtaining a construction permit from the Agency,
except as provided in Section 201.146.
11.
Section 3.315 of the Act, 415 ILCS
5/3.315
(2004), provides the following
definition:
"PERSON" is any individual, partnership, co-partnership, firm, company,
limited liability company, corporation, association, joint stock company,
3
RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2005
* * * * * PCB 2006-035 * * * *
trust, estate, political subdivision, state agency, or any other legal entity,
or their legal representative, agent or assigns.
12.
Quantum is a "person" as that term is defined within Section 3.3 15
of
the Act, 415
ILCS
5/3.3j1
5(2004).
13.
Section 201.102 of the Board Air Pollution Regulations, 35 Ill. Adm. Code
201.102, provides, in pertinent part, the following definitions:
't
CONSTRUCTION":
commencement of on-site fabrication,
erection or installation of an emission source or of air pollution
control equipment.
"EMISSION SOURCE": any equipment or facility of a type of
emitting specified air contaminants to the atmosphere.
"NEW EMISSION SOURCE":
any emission source, the
construction or modification of which is commenced on or after
April 14, 1972.
"SPECIFIED AIR CONTAMINANT":
any air contaminant as to
which this Subtitle contains emissions standards or other specific
limitations and any contaminant regulated in Illinois pursuant to
Section 9.1 of the Act.
"AIR POLLUTION CONTROL EQUIPMENT": any equipment or
facility of a type intended to eliminate, prevent, reduce or control
the emission of specified air contaminants to 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.
14.
Volatile organic material ("VOM") is a "specified air contaminant" as the term is
defined in Section 201.102 of the Board Air Pollution Regulations, 35 Ill. Adm. Code 201.102.
15.
The equipment stated in paragraph
5
above,
constructed at various times from
1985 to 2004, or on dates better known to the Respondent, emits or has the potential to emit
VOM into the atmosphere and are "new emission sources," as that term is defined in Section
4
RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2005
* * * * * PCB 2006-035 * * * *
201.102 of the Board Air Pollution Regulations.
All of the equipment in paragraphS5 above was
constructed after April 14, 1972.
16.
Because the six presses, including the currently operating four presses,
emit or
have the potential to emit VOM
into the atmosphere, they are capable of causing or contributing
to air pollution.
17.
By constructing six printing presses at its facility,
without first obtaining the
requisite construction permit from the Illinois EPA, Quantum violated Section 201.142 of the
Board Air Pollution Regulations, 35 Ill. Adm. Code 201.142, and Section 9(b) of the Act, 415
ILCS 5/9(b) (2004).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an Order against the Respondent, QUANTUM COLOR
GRAPHICS, L.L.C., on this Count I:
A.
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein;
B.
Finding that Respondent has violated Section 9(b) of the Act, 415 TICS 5/9(b)
(2004), and Section 201.142 of the Board Air Pollution Regulations, 35 111. Adm. Code 201.142;
C.
Ordering
the Respondent to cease and desist from any further violations of
Section 9(b) of the Act, 415 ILCS
5/9(b)
(2004), and Section 201.142 of the Board Air Pollution
Regulations, 35 111. Adm. Code 201.142;
D.
Assessing against Respondent a civil penalty of fifty thousand dollars
($50,000.00) for each and every violation of the Act and its promulgated regulations with an
additional penalty of ten thousand dollars ($
10,000.00) per day that the violation continues;
5
RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2005
* * * * * PCB 2006-035 * * * *
E.
Taxing all costs in this action, including, but not limited to, attorney, expert
witness and consultant fees, against Respondent; and
F.
Granting such other relief as the Board deems appropriate and just.
COUNT 11
OPERATING EMISSION SOURCES WITHOUT A PERMIT
1-15.
Complainant realleges and incorporates by reference herein paragraphs 1 through 9
and
11I through 16 of Count I as paragraphs I through 15 of this Count LI.
16.
Section 201.143 of the Board Air Pollution Regulations, 35 III. Adm. Code
201 .143, provide&, in pertinent part, as follows:
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 constmuction 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.
17.
From 1985, and at various times, continuing at least until the date of the filing of
this complaint, Quantum operated its printing presses as listed in-paragraph 5 of Count I without
having first obtained an Illinois EPA operating permit.
Quantum continues to operate four
presses without the required permnits.
18.
Quantum, by its conduct as alleged herein, violated Section 9(b) of the Act, 415
ILCS 5/9
(b)
(2004), and Section 201.143 of the Board Air Pollution Regulations, 351Ill. Adm.
Code 201.143.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an Order against the. Respondent, QUANTUM COLOR
6
RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2005
* * * * * PCB 2006-035 * * * *
GRAPHIC!S, L.L.C., on
this Count
11:
A.
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein;
B.
Finding that Respondent has violated Section 9(b) of the Act, 415 IILCS 5/9(b)
(2004), and Section 201.143 of the Board Air Pollution Regulations, 35 III. Adm. Code 201.143;
C.
Ordering
the Respondent to cease and desist from any further violations of
Section 9(b) of the Act, 415 ILCS
5/9(b)
(2004), and Section 201.143 of the Board Air Pollution
Regulations, 35111:. Adm. Code 201.143;
D.
Assessing against Respondent a civil penalty of fifty thousand dollars
($50,000.00)
for each and every violation of the Act and its promulgated regulations, with an
additional penalty of ten thousand dollars ($1 0,000.00) per day that the violation continues;
E.
Taxing all costs in this action, including, but not limited to, attorney, expert
witness and consultant fees, against Respondent; and
F.
Granting such other relief as the Board deems appropriate and just.
COUNT Ill
FAILURE TO OBTAIN CAAPP PERMIT FOR A MAJOR SOURCE
1-18.
Complainant realleges and inc orporates by reference herein paragraphs 1 through
16 of Count l and paragraphs
16 and 17 of Count HIas paragraphs 1 through 18 of this Count InI.
19.
Section 39.5(6)(b) of the Act, 415 ILCS 5/39.5(6)(b) (2004), provides as follows:
Prohibition
*
*
*
RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2005
* * * * * PCB 2006-035 * * * *
(b)
After the applicable CAAPP permit or renewal application submittal
date, as specified in subsection 5 of this Section, no person shall operate
a CAAPP source without a CAAPP permit unless the complete CAAPP
permit or renewal application for such a source has been timely submitted
to the Agency.
20.
Section 39.5(1) of the Act,
415
ILCS 5/39.5(1) (2004), provides the following
definitions:
"CAAPP" means the Clean Air Act Permit Program developed pursuant
to Title V of the Clean Air Act.
"CAAPP PERMIT"... means any permit issued, renewed, amended,
modified, or revised pursuant to Title V of the Clean Air Act.
"SOURCE" means any stationary source (or any group of stationary
sources that are located on one or more contiguous or adjacent properties,
and are under common control of the same person or persons under
common control) and that belongs to a single major industnial grouping....
"OWNER or OPERATOR" means any person who owns, leases,
operates, controls, or supervises a stationary source.
"REGULATED AIR POLLUTANT" means the following:
(1) Nitrogen Oxides
(NOx)
or any volatile organic compound....
"STATIONARY SOURCE" means any building, structure, facility,
or installation that emits or may emit any regulated air pollutant or any pollutant
listed under Section 112(b) of the Clean Air Act.
N
21.
Section 39.5(2) of the Act, 415 ILCS 5/39.5(2) (2004), provides, in pertinent part,
as follows:
Applicability
a.
Sources subject to this Section shall include:
i.
Any major source as defined in paragraph (c) of this subsection.
8
RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2005
* * * * * PCB 2006-035 * * * *
c.
For purposes of this Section the term "major source" means any
source that is:
i.
A major source under Section 11 2 of the Clean Air Act, which is
defined as:
A.
For pollutants other than radionuclides, any stationary source
or group of stationary sources located within a contiguous area and
under common control that emits or has the potential to emit, in the
aggregate,
10 tons per year (tpy) or more of any hazardous air
pollutant which has been listed pursuant to Section 112(b) of the
Clean Air Act, 25 tpy or more of any combination of such
hazardous air pollutants, or such lesser quantity as USEPA may
establish by rule....
22.
Section 39.5(5)(x) of the Act, 415 ELCS
5/39.5(2)
(2004), provides, in pertinent
part, as follows:
Applications and Completeness
x)
...
The owner or operator of an existing source ...
that becomes subject to the
CAAPP solely due to a change in operation at the source shall submit its complete
CAAPP applications consistent with this subsection at least I180 days before
commencing operation in accordance with the change in operation.
23.
Section 203.112 of the Board Air Pollution Regulations, 35 III. Adm. Code,
203.112, provides, in pertinent part, the following definition:
Building, Structure and Facility
The terms "building", "structure", and "facility" include all
of the pollutant-emitting activities which belong to the
same industrial grouping, are located on one or more
contiguous or adjacent properties, and are under the control
of the same person (or persons under common control).
9
RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2005
* * * * * PCB 2006-035 * * * *
Pollutant-emitting activities shall be considered as part of
the same "Major Group" (i.e., which have the same two-
digit code) as described in the Standard Industrial
Classification Manual, 1972, as amended by the 1977
Supplement (U.S. Government Printing Office stock
numbers 4101-0066 and 003-005-00176-0, respectively)
incorporated by reference in 35 Ill. Adm. Code 720.1 11.
24.
Quantum's facility is a "facility" and a "stationary source", as those terms are
defined in Section 203.112
of the Board Air Pollution Regulations, 35 Ill. Adm. Code 203.112,
and Section 39.5(1) of the Act,
415
ILCS
5/39.5(1)(2004),
respectively.
25.
The Illinois EPA Air Pollution Regulations pertaining to the Clean Air Act Permit
Program Procedures, 35 III. Adm. Code Part 270
et seq,
were effective starting January 4, 1994.
The Title V Program (i.e. the statutory provision of 415 ]ILCS 5/39.5) was approved by USEPA
in its final interim approval dated March 7, 1995.
26.
Section 270.103 and Section 270.105 of the Illinois EPA Air Pollution
Regulations, 35 111. Adm. Code 270.103, 270.105 provide; respectively, the following definitions:
"EXISTING CAAPP SOURCE" means a CAAPP source that commenced
dperation prior to the effective date of the CAAPP.
"NEW CAAPP SOURCE" means a CAAPP source that is not an existing CAAPP
source.
27.
Section 270.107 of the Illinois EPA Air Pollution Regulations, 36 111. Adm. Code
270.107,
provides as follows:
This part applies to the owner or operator of any source required to
have an operating permit pursuant to Section
39.5
of the Act.
28.
Section
211.7150 of the
Board Air Pollution Regulations,
35
III.
Adm.
Code
211.7150, provides the following definition:
i0
RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2005
* * * * * PCB 2006-035 * * * *
"VOLATILE ORGANIC MATERIAL (VOM)" or volatile organic
compound means any compound of carbon excluding carbon monoxide,
carbon dioxide, carbonic acid, metallic carbides or carbonates, and
ammonium carbonate, which participates in atmospheric photo-
chemical reactions.
29.
The printing presses described in paragraph
5
ofCountlI ofthis complaint emit VOM,
a regulated air pollutant, as defined by Section 39.5(1) of the Act, 415 ILCS
5/39.5(i)
(2004).
30.
Since
at least September
of 1997 through the date of filing of this complaint,
Quantum's facility has emitted or had the potential to emit VOM, a regulated air pollutant, into the
atmosphere. Therefore, Quantum's facility is astationary source as defined in Section
39.5(1)
ofthe
Act, 415 TLCS
5/39.5(l)
(2004).
31.
As a result, Quantum is an owner or operator of a stationary source.
32.
Quantum's facility emits or has the potential to emit annual VOM emissions in
excess of 25 tons per year("TPY"),
and is a major source as defined in Section 39.5(2)(c)(i)(A) of
the Act, 415 ILCS 39.5(2)(c)(i)(A)(2004),
and a CAAPP source.
Therefore, the Clean Air Act
Permit Program, set forth in Section 39.5 of the Act, 415 TLCS 5/39.5
et
seq
(2004), and in 35 111.
Adm.
Code 270.107
et seq,
pursuant
to
Section
270.107 of the
Illinois
EPA Air
Pollution
Regulations, 35 III. Adm. Code 270.107, is applicable to the Quantum facility.
33.
Beginning in at least 1997, Quantum increased
its potential to emit annual VOM
emissions to levels greater than 25 TPY, and was required to submit a CAAPP permit application
to the Illinois EPA 180 days prior to the increase.
By failing to do so, it was operating a CAAPP
source without obtaining the requisite CAAPP permnit.
34.
Quantum finally applied for its CAAiPP permit in June 2004.
The Permit has not
been issued as of the filing of this complaint.
RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2005
* * * * * PCB 2006-035 * * * *
35.
By not obtaining a CAAPP permit prior to increasing its potential to emit to greater
that
25
TPY annual VOM emissions at the source, Quantum violated Section 39.5(6)(b) of the Act,
415 ILCS 5/39.5(6)(b)(2004).
WHEREFORE,
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
respectfully
requests that the Board enter an Order against the Respondent, QUANTUM COLOR GRAPHICS,
L.L.C., on this Count m1:
A.
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein;
B.
Finding that Respondent has violated Section 39.5(6)(b) of the Act, 415 ILCS
5/39.5(6)(b)(2004);
C.
Ordering
the Respondent to cease and desist from any further violations of Section
39.5(6)(b) of the Act, 415 ILCS 5/39.5(6)(b)(2004);
D.
Assessing against Respondent a civil penalty of ten thousand dollars ($10,000.00)
for each and every violation of the Act and its promulgated regulations;
E.
Taxing all costs in this action, including, but not limited to, attorney, expert witness
and consultant fees, against Respondent; and
F.
Granting such other relief as the Board deems appropriate and just.
COUNT
IV
FAILURE TO COMPLY WITH NEW SOURCE REVIEW REOUIREMENTS
1-34.
Complainant realleges and incorporates by reference herein paragraphs I through 16
of Count I, paragraphs
16 and
17 of Count H1,
and paragraphs
19 through 34 of Count III as
paragraphs I through
34 of this Count IV.
~12
RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2005
* * * * * PCB 2006-035 * * * *
35.
Section 9(a) of the Act, 415 LLCS 5/9(a)(2004), provides as follows:
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.
36.
Section 203.201 of the Board Air Pollution Regulations, 3 5 III. Adm. Code 203.20 1,
provides, in pertinent 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 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
[VOM]
or
nitrogen
oxides...
37.
At all times relevant to this Complaint, Quantumnis and was located in Morton Grove,
Cook County, Illinois, and Cook County was designated as a severe nonattainment area for ozone.
38.
Section 203.206 of the Board Air Pollution Regulations, 35 111. Adm. Code 203.206,
provides the following definition:
Major Stationary Source
(a)
For purposes of this Part, the term "major stationary
source" shall exclusively mean "building, structure
and facility,"
as those terms are defined in Section
203.113 of this Part.
(b)
The following constitute a major stationary source:
1
3
RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2005
* * * * * PCB 2006-035 * * * *
(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 nonattainmnent for ozone;
39.
At the time that Quantum
added
the
two new presses
in
September of 1997,
Quantum's facility became a "major stationary source" under Section 203.206 of the Board Air
Pollution Regulations because it had the potential to emit 25 TPY or more of VOM and was located
in a severe nonattainment area for ozone.
40.
Because Quantum failed to obtain construction permits from the Illinois EPA for the
equipment constructed in 1997, listed in paragraph 5 of Count I, the facility did not demonstrate
compliance with 35 Ill. Adm. Code Part 203.
41.
By constructing or modifying a major stationary source in September of 1997, or on
dates better known
to
Quantumn, without demonstrating compliance with 3
5 Ill. Adm. Code Part 203,
Quantum violated Section 203.201 of the Board Air Pollution Regulations,
35
Ill. Adm. Code
203.201, and Section 9(a) of the Act, 415 ILCS 5/9(a)(2004).
WHEREFORE,
Complainant,
PEOPLE
OF THE STATE
OF
ILLINOIS,
respectfully
requests that the Board enter an Order against the Respondent, QUANTUM COLOR GRAPHICS,
L.L.C., on this Count IV:
A.
Authorizing
a
hearing in this matter at which time the Respondent will be required
1
4
RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2005
* * * * * PCB 2006-035 * * * *
to answer the allegations herein;
B.
Finding that Respondent has violated Section 9(a) of the Act, 415 TLCS
5/9(a)
(2004), and Section 203.201 of the Board Air Pollution Regulations, 35 III. Adm. Code 203.201;
C.
Ordering
the Respondent to cease and desist from any further violations of Section
9(a) of the Act, 415 ILCS 5/9(a) (2004), and Section 203.201 of the Board Air Pollution Regulations,
35 III. Adm. Code 203.201;
D.
Assessing against Respondent a civil penalty of
fifty
thousand dollars ($50,000.00)
for each and every violation of the Act and its promulgated regulations, with ad additional penalty
of ten thousand dollars ($ 10,000.00) per day that the violation continues;
E.
Taxing all costs in this action, including, but not limited to, attorney, expert witness
and consultant fees, against Respondent; and
F.
Granting such other relief as the Board deems appropriate and just.
COUNT V
FAILURE TO SUBMIT COMPLIANCE CERTIFICATION
1-38.
Complainant realleges and incorporates by reference herein paragraphsl1through 16
of Count I, paragraphs
16 and 17 of Count II, paragraphs
19 through 34 of Count
mI
,
paragraphs
35 through 37, and 39 of Count LV as paragraphs I through 38 of this Count V.
39.
Sections 218.41 I1(a)(1)(A) and (c)(1) of the Board Air Pollution Regulations, 35 III.
Adm. Code 218.41 1
(a)(1)(A), (c)(1), provide, in pertinent part, as follows:
a)
An owner or operator of lithographic printing line(s) exempt from the
limitations of Section 2 18.407 of this Subpart because of the criteria in
Section 2 18.405(d) of this Subpart shall comply with the following:
1
5
RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2005
* * * * * PCB 2006-035 * * * *
1)
By March 15, 1996, upon initial start-up of a new lithographic
printing line, and upon modification of a lithographic printing line,
submit a certification to the Agency that includes:
A)
A declaration that the source is exempt from the control
requirements in Section 218.407 of this Padt because of the
criteria in Section 218.405(d) of this Subpart;
c)
An owner or operator of a lithographic printing line subject to Section
218.407(a)(1)(A), (a)(2), or (a)(3) of this Subpart, shall:
1)
By March 15, 1996, and upon initial start-up of a new lithographic
printing line, certify to the Agency that fountain solutions used on
each lithographic printing line will be in compliance with the
applicable VOM content limitation.
40.
By March 15, 1996, and upon start-up of each lithographic printing press added to
the facility thereafter, Quantum was required to certify that its lithographic printing operations
were in compliance with the Board's lithographic printing regulations or were exempt from the
regulations. Quantum failed to submit its certification to the Illinois EPA until October 13, 2004.
41.
By failing to timely submit its certification of compliance or exemption, Quantum
violated Sections 218.41 I1(a)(1)(A) and (c)(1) of the Board Air Pollution Regulations, 35 Ill.
Adm. Code 218.41 I1(a)(1)(A), (c)(l), and Section 9(a) of the Act, 415 ILCS 5/9(a) (2004).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an Order against the Respondent, QUANTUM COLOR
GRAPHICS, L.L.C., on this Count V:
A.
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein;
1
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RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2005
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B.
Finding that Respondent has violated Section 9(a) of the Act, 415 ILCS 5/9(a)
(2004), and Sections 218.41 l (a)(I)(A) and (c)(1) of the Board Air Pollution Regulations, 35 1II.
Adm. Code 218.41 I (a)(1)(A), (c)(1);
C.
Ordering
the Respondent to cease and desist from any further violations of
Section 9(a) of the Act, 415 ILCS
5/9(a)
(2004), and Sections 218.41 1 (a)(1)(A) and (c)(1) of the
Board Air Pollution Regulations, 35 111. Adm. Code 218.41 l (a)(1)(A), (c)(1);
D.
Assessing against Respondent a civil penalty of fifty thousand dollars
($50,000.00)
for each and every violation of the Act and its promulgated tegulations, with an
additional penalty of ten thousand dollars ($ 10,000.00) per day that the violation continues;
E.
Taxing all costs in this action, including, but not limited to, attorney, expert
witness and consultant fees, against Respondent; and
F.
Granting such other relief as the Board deems appropriate and just.
COUNT VI
FAILURE TO KEEP RECORDS
1-41.
Complainant
realleges and incorporates by reference herein paragraphs 1 through
16 of Count I, paragraphs
16 and 17 of Count II,
paragraphs 19 through 34 of Count
mII,
paragraphs 35 through 39 of Count IV, and paragraphs 39 and 40 of Count V, as paragraphs 1
through 41 of this Count VI.
42.
Section 218.41 1
(c)(2) of the Board Air Pollution Regulations, 35 111. Adm. Code
218.41 1(c)(2), provides, in pertinent part, as follows:
C)
An owner or operator of a lithographic printing line subject to Section
218.407(a)(1)(A), (a)(2), or (a)(3) of this Subpart, shall:
1
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RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2005
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2)
On and after March 15, 1996, collect and record the following
information for each fountain solution:
A)
The name and identification of each batch of fountain
solution prepared for use on one or more lithographic printing
lines, the lithographic printing line(s) or centralized reservoir using
such batch of fountain solution, and the applicable VOM content
limitation for the batch;
B)
If an owner or operator uses a hydrometer, refractometer, or
conductivity meter, pursuant to Section 218.41 0(b)(1)(B), to
demonstrate compliance with the applicable VOM content limit in
Section 218.407(a)(1)(A), (a)(2), or (a)(3) of this Subpart:
i)
The date and time of preparation, and each
subsequent modification, of the batch;
ii)
The results of each measurement taken in
accordance with Section 218.410(b) of this Subpart;
iii)
Documentation of the periodic calibration of the
meter in accordance with the manufacturer's specifications,
including date and time of calibration, personnel
conducting, identity of standard solution, and resultant
reading; and
iv)
Documentation of the periodic temperature
adjustment of the meter, including date and time of
adjustment, personnel conducting and results;
C)
If the VOM content of the fountain solution is determined
pursuant to Section 218.41 0(b)(1)(A) of this Subpart, for each
batch of as-applied fountain solution:
i)
Date and time of preparation and each subsequent
modification of the batch;
ii)
Volume and VOM content of each component used
in, or subsequently added to, the fountain solution batch;
iii)
Calculated VOM content of the as-applied fountain
solution; and
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RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2005
* * * * * PCB 2006-035 * * * *
iv)
Any other information necessary to demonstrate
compliance with the applicable VOM content limits in
Section 218.407(a)(1)(A), (a)(2) and (a)( a)(3) of this
Subpart, as specified in the source's operating permit;
D)
If the owner or operator relies on the temperature of the
fountain solution to comply with the requirements in Section
21 8.407(a)(1)(A)(ii) or (a)(3)(B) of this Subpart:
i)
The temperature of the fountain solution at each
printing line, as monitored in accordance with Section
218.410(a); and
ii)
A maintenance log for the temperature monitoring
devices and automatic, continuous temperature recorders
detailing all routine and non-routine maintenance
performed, including dates and duration of any outages;
43.
From on or about March 1996, and continuing until 2004, Quantum failed to keep
records concerning its lithographic printing operations.
It began to keep records in 2004.
44.
By failing to keep the required records for its lithographic printing operations,
Quantum violated Section 218.41 1
(c)(2) of the Board Air Pollution Regulations, 35 III. Adm.
Code 218.41 l (c)(2), and Section 9(a) of the Act, 415 ILCS
5/9(a)
(2004).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an Order against the Respondent, QUANTUM COLOR
GRAPHICS, L.L.C., on this Count VI:
A.
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein;
B.
Finding that Respondent has violated Section 9(a) of the Act, 415 ILCS 5/9(a)
(2004), and Section 218.411I(c)(2) of the Board Air Pollution Regulations, 35 111. Adm. Code
1
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* * * * * PCB 2006-035 * * * *
21 8.41 1
(c)(2);
C.
Ordering
the Respondent to cease and desist from any further violations of
Section 9(a) of the Act, 415 IILCS 5/9(a) (2004), and Section 218.41 I1(c)(2) of the Board Air
Pollution Regulations,
35
LII. Adm. Code 218.41 I1(c)(2);
D.
Assessing against Respondent a civil penalty of
fifty
thousand dollars
($50,000.00)
for each and every violation of the Act and its promulgated regulations, with an
additional penalty of ten thousand dollars ($1 0,000.00) per day that the violation continues;
E.
Taxing all costs in this action, including, but not limited to, attorney, expert
witness and consultant fees, against Respondent; and
F.
Granting such other relief as the Board deems appropriate and just.
COUNT VII
FAILURE TO SUBMIT A FUGITIVE DUST PLAN
1-39.
Complainant
realleges and incorporates by reference herein paragraphs 1 through
16 of Count I, paragraphs 16 and 17 of Count II, paragraphs
19 through 34 of Count 11,
and
paragraphs 35 through 39 of Count IV,
as paragraphs 1 through 39 of this Count VII.
40.
Section 212.309(a) of the Board Air Pollution Regulations, 35 111. Adm. Code
212.309(a), provides as follows:
a)
The emission units described in Sections 2 12.304 through 2 12.308 and
Section 212.3 16 of this Subpart shall be operated under the provisions of
an operating program, consistent with the requirements set forth in
Sections 212.3 10 and 212.312 of this Subpart, and prepared by the owner
or operator and submitted to the Agency for its review.
Such operating
program shall be designed to significantly reduce fugitive particulate
matter emissions.
41.
From 1996 and continuing until October 13, 2004, Quantum failed to submit a
20
RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2005
* * * * * PCB 2006-035 * * * *
fugitive dust plan to the Illinois EPA for its
review.
42.
By failing to submit a fugitive dust plan, Quantum violated Section 2 12.309(a) of
the Board Air Pollution Regulations, 35 III. Adm. Code 2 12.309(a), and Section 9(a) of the Act,
415 ILCS 5/9(a) (2004).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an Order against the Respondent, QUANTUM COLOR
GRAPHICS, L.L.C., on this Count Vfl:
A.
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein;
B.
Finding that Respondent has violated Section 9(a) of the Act, 415 TLCS
5/9(a)
(2004), and Section 2 12.309(a) of the Board Air Pollution Regulations, 35 III. Adm. Code
212.309(a);
C.
Ordering
the Respondent to cease and desist from any further violations of
Section 9(a) of the Act, 415 ILCS
5/9(a)
(2004), and Section
212.309(a) of the Board Air
Pollution Regulations, 35 III. Adm. Code 2 12.309(a);
D.
Assessing against Respondent a civil penalty of fifty thousand dollars
($50,000.00)
for each and every violation of the Act and its promulgated regulations, with an
additional penalty of ten thousand dollars ($1 0,000.00) per day that the violation continues;
E.
Taxing all costs in this action, including, but not limited to, attorney, expert
witness and consultant fees, against Respondent; and
F.
Granting such other relief as the Board deems appropriate and just.
2 1
RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2005
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COUNT VIII
FAILURE TO SUBMIT ANNUAL EMISSION REPORTS
1-39.
Complainant
realleges and incorporates by reference herein paragraphs 1 through
16 of Count I, paragraphs
16 and 17 of Count II,
paragraphs
19 through 34 of Count
RII,
and
paragraphs 35 through 39 of Count IV,
as paragraphs 1 through 39 of this Count VIII..
40.
Section 201.302(a) of the Board Air Pollution Regulations, 35 III. Adm. Code
201.302(a), provides as follows:
Reports
a)
The owner or operator of any emission unit or air pollution control
equipment, unless specifically exempted in this Section, shall submit
to the Agency as a minimum, annual reports detailing the nature,
specific emission units and total annual quantities of all specified
air contaminant emissions; provided, however, that the Agency may
require more frequent reports where necessary to accomplish the
purposes of the Act and this Chapter.
41.
Section 254.132(a) of the Illinois EPA Air Pollution Regulations, 35 III. Adm.
Code
254.132(a),
provides, in pertinent part, as follows:
Failure to File a Complete Report
a)
Failure to
file
a complete Annual Emissions Report by
the
applicable
deadlines
prescribed
in
Section
254.137(a) of this Subpart shall be a violation of this
Part and 35 MI.
Adm. Code 201 .302(a).
42.
Section 254.137(a) of the Illinois EPA Air Pollution Regulations, 35 111. Adm.
Code 254.137(a), provides as follows:
Reporting Schedule
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a)
All Annual Emissions Reports are due by May 1 of
the year following the calendar
year in which the
emissions took place.
43.
From calendar years 1997 through 2003, Quantum failed to submit to the Illinois
EPA afinual emissions reports accurately documenting all emissions including VOM generated
by the source during its printing operations in a timely manner.
Quantum finally submitted the
annual reports for 1997 through 2003 in October, 2004.
44.
By failing to submit annual emission reports in a timely manner, Quantum
violated Section 201.302(a) of the Board Air Pollution Regulations, 35 Ill. Adm. Code
201 .302(a), and Section 9(a) of the Act, 415 ILCS 5/9(a) (2004).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an Order against the Respondent, QUANTUM COLOR
GRAPHICS, L.L.C., on this Count VIII:
A.
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein;
B.
Finding that Respondent has violated Section 9(a) of the Act, 415 IILCS 5/9(a)
(2004), and Section 201.302(a) of the Board Air Pollution Regulations, 35 III. Adm. Code
201.302(a);
C.
Ordering
the Respondent to cease and desist from any further violations of
Section 9(a) of the Act, 415 ILCS
5/9(a)
(2004), and Section 201.302(a) of the Board Air
Pollution Regulations, 35 III. Adm. Code 201.302(a);
D.
Assessing against Respondent a civil penalty of fifty thousand dollars
23
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* * * * * PCB 2006-035 * * * *
($50,000.00)
for each and every violation of the Act and its promulgated regulations, with an
additional penalty of ten thousand dollars ($10,000.00) per day that the violation continues;
E.
Taxing all costs in this action, including, but riot limited to, attorney, expert
witness and consultant fees, against Respondent; and
F.
Granting such other relief as the Board deems appropriate and just.
Respectfiuily submitted,
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
By:
ROS
`41
tZ5AU,
Environmental Bureau
Assistant Attorney GeneralC
Of Counsel:
PAULA BECKER WHEELER
Assistant Attorney General
Environmental Bureau
188 West Randolph Street,
2 0th
Floor
Chicago Illinois 60601
(312) 814-1511
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RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2005
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CERTIFICATE OF SERVICE
27, PAULA BECKER WHEELER, an attorney, do certify that I
caused to be served this 6th day of September, 2005, the
foregoing Complaint and Notice of Filing upon the persons listed
on said Notice, by
Certified
Mail.
PAULA
BECKER
WHEELER
Assistant Attorney General
RECEIVED, CLERK'S OFFICE, SEPTEMBER 6, 2005
* * * * * PCB 2006-035 * * * *
