BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
ex ref.
LISA MADIGAN, Attorney
)
General
of the State of Illinois,
)
)
Complainant,
)
)
vs.
)
)
PLASTIC CAPACITORS, INC.,
)
an Illinois corporation,
)
)
Respondent.
)
PCB 08-
(Enforcement - Air)
VIA ELECTRONIC FILING
TO:
Kenneth W. Funk
Deutsch, Levy
&
Engel
225 West Washington Street
Chicago, Illinois 60606
NOTICE OF FILING
Clerk
Illinois Pollution Control Board
James
R. Thompson Center
100 W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
PLEASE TAKE NOTICE that I have today filed with the Office
of the Clerk of the
Illinois Pollution Control Board an original and nine copies
of the Complaint, Notice of Filing
and a Certificate
of Service, a copy of which is attached herewith and served upon you.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
State
of Illinois
BY:
ZEMEHERET BEREKET-AB
Assistant Attorney General
Environmental Bureau North
69 West Washington Street, Suite 1800
Chicago, IL 60602
(312) 814-3816
DATE: July
30,2007
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Electronic Filing, Received, Clerk's Office, July 30, 2007
* * * * * 2008-011 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN, Attorney General
of the
State
of Illinois,
Complainant,
v.
PLASTIC CAPACITORS, INC., an Illinois
corporation,
Respondent.
)
)
)
)
)
)
)
)
)
)
)
)
PCB No.
. (Enforcement - Air)
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General
of the State of Illinois, complains of Respondent, PLASTIC CAPACITORS, INC., an
Illinois corporation, as follows:
COUNT I
OPERATION OF SOLVENT CLEANING MACHINE
ABOVE THE SOLVENT'S BOILING POINT
1.
This Complaint is brought 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 the terms and provisions
of 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
ofthe Act, 415 ILCS 5/4 (2004), and charged,
inter alia,
with the duty of
the enforcing the Act.
3.
Respondent, Plastic Capacitors, Inc. ("Plastic Capacitors"), is an Illinois
Domestic Corporation in good standing incorporated in the State
of Illinois on July 11, 1952.
Electronic Filing, Received, Clerk's Office, July 30, 2007
* * * * * 2008-011 * * * * *
4.
Plastic Capacitors operates a manufacturing facility located at 2623 North Pulaski
Road, Chicago, Cook County, Illinois ("Facility").
5.
Emission units at the Facility include a batch vapor degreaser ("degreaser #1")
and a cold cleaning degreaser ("degreaser #2").
6.
On October 31, 2001, the Illinois EPA issued to Plastic Capacitors Lifetime
Operating Permit Solvent Cleaning Machine- NESHAP Source Permit No. 73100136.
7.
On July 29,2005, and May 3,2006, the Illinois EPA inspected the Facility and
observed various violations
of the Act, 40 Code of Federal Regulations Part 63 ("40 CFR") and
various operating conditions
of Permit No. 73100136.
8.
Engineering calculations provided to the Illinois EPA by Plastic Capacitors at the
time
of the inspections showed that degreaser #1 was being operated at 87°F greater than the
allowed 56.7°F and greater than 30 percent
of the solvent'sboiling point.
9.
Operating degreaser #1 with an air blanket temperature greater than 56.7°F and
greater than 30 percent ofthe solvent'sboiling point is a violation of 40 CFR 63.463(e)(2)(i) and
Condition 7(a) oflifetime operating permit no. 73100136.
10.
Section 9(b) ofthe Act, 415 ILCS 9(b)(2004), titled, Acts prohibited, provides as
follows:
No person
shalt
(b)
Construct, install, or operate any equipment, facility, vehicle,
vessel, or aircraft capable ofcausing 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;
11.
Section 9.1(d)(1) of the Act provides:
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Electronic Filing, Received, Clerk's Office, July 30, 2007
* * * * * 2008-011 * * * * *
No person shall:
(1)
violate any provisions
of Sections 111, 112, 165 or 173 of the
Clean Air Act, as now or hereafter amended, or federal regulations
adopted pursuant thereto; or
12.
40 CFR 63.463(e)(2)(i), titled, Batch vapor and in-line cleaning machine
standards, provides as follows:
Each owner or operator
ofa solvent cleaning machine complying with
paragraph (b), (c), (g), or (h)
of this section shall comply with the
requirements specified in paragraphs (e)(l) through (4) of this section.
(2)
Determine during each monitoring period whether each control
device used to comply with these standards meets the requirements
specified in paragraphs (e)(2)(i) through (xi)
of this section.
(i)
If a freeboard refrigeration device is used to comply with
these standards, the owner or operator shall ensure that the
chilled air blanket temperature (in
OF), measured at the
center
of the air blanket, is no greater than 30 percent of the
solvent'sboiling point.
13.
Condition 7(a) oflifetime operating permit no. 73100136 provides as follows:
Each machirtemust meet the following control combination (freeboard
ratio
of 1.0 and freeboard refrigeration device) requirements, pursuant to
40 CFR Part 63.463:
a.
For Freeboard Refrigeration Device (FRD), chilled air blanket
temperature at the center
of the air blanket shall not exceed 56.7°F
while using trichloroethylene respectively.
14.
Section 3.315
of the Act, 415 ILCS 5/3.315 (2004), 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
agen~y,
or any other legal entity, or
their legal representative, agent, or assigns.
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Electronic Filing, Received, Clerk's Office, July 30, 2007
* * * * * 2008-011 * * * * *
15.
Plastic Capacitors, Inc., is a person as that term is defined in Section 3.315 of the
Act, 415 ILCS 5/3.315 (2004).
16.
Plastic Capacitors' degreaser #1 is equipped with a freeboard refrigeration device
and uses trichloroethylene
as a solvent.
17.
By violating 40 CFR 63.463(e)(2)(i) and Condition 7(a) of operating permit
#73100136, Respondent also violated Sections 9.1(d)(I) and 9(b) of the Act, 415 ILCS
5/9.1(d)(I) and 9(b) (2004).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order in favor
of Complainant and against Respondent with
respect to this Count
I:
1.
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein;
2.
Finding that Respondent has violated Sections 9.1(d)(I) and 9(b) of the Act and
40 CFR 63.463(e)(2)(i) and Condition 7(a)
of operating permit #73100136;
3.
Assessing a civil penalty against Respondent in the amount of Fifty Thousand
Dollars ($50,000.00) for each violation
of the Act, with an additional civil penalty ofTen
Thousand Dollars ($10,000.00) per day for each day during which violation ofthe Act continues;
4.
Ordering Respondent to pay all costs pursuant to Section 42(f) of the Act,
including attorney, expert witness and consultant fees expended by the State in its pursuit
of this
action, and;
5.
Granting such other relief as the Board deems appropriate.
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Electronic Filing, Received, Clerk's Office, July 30, 2007
* * * * * 2008-011 * * * * *
CQUNTII
FAILURE TO OPERATE DEGREASER #1
WITHOUT A CARBON ABSORBER
1-10. Complainant realleges and incorporates by reference herein, paragraphs 1 through
7 and paragraphs 11, 14 and 15 of Count I as paragraphs 1 through 10 of this Count II.
11.
40 CFR 63.463(a)(7), titled, Batch vapor and in-line cleaning machine standards,
provides as follows:
Except as provided in §63.464 for all cleaning machines, each owner or
operator
of a solvent cleaning machine subject to the provisions of this
subpart shall ensure that each existing or new batch vapor or in-line
solvent cleaning machine subject to the provisions of this subpart
conforms to the design requirements specified in paragraphs (a)(1) through
(7)
of this section.
(7)
Each cleaning machine that uses a lip exhaust shall be designed
and operated to route all collected solvent vapors through a
propefly operated and maintained carbon absorber that meets the
requirements
of paragraph (e)(2)(vii) of this section.
12.
Respondent's degreaser #1 is equipped with a lip exhaust. Pursuant to 40 CFR
63.463(a)(7), each degreaser with a lip exhaust must have a properly operated.and maintained
carbon absorber.
13.
At the timeofthe inspection and continuing to the date of filing of this
Complaint, Respondent was operating degreaser
#1 without a carbon absorber.
14.
By operating degreaser #1 without a carbon absorber, Respondent violated 40
CFR 63.463(a)(7) and thereby, also violated Section 9.1(d)(1) of the Act, 415 ILCS
9.1(d)(1 )(2004).
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Electronic Filing, Received, Clerk's Office, July 30, 2007
* * * * * 2008-011 * * * * *
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order in favor
of Complainant and against Respondent with
respect to this Count II.
1.
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein;
2.
Finding that Respondent has violated Section 9.1(d)(1) of the Act and 40 CFR
63.463(a)(7);
3.
Assessing a civil penalty against Respondent in the amount of Fifty Thousand
Dollars ($50,000.00) for each violation
of the Act with an additional civil penalty ofTen
Thousand Dollars ($10,000.00) per day for each day during which each violation of the Act
continues;
4.
Ordering Respondent to pay all costs pursuant to Section 42(f) of the Act,
including attorney, expert witness and consultant fees expended by the State in its pursuit of this
action; and
5.
Granting such other relief as the Board deems appropriate and just.
COUNT III
OPERATING DEGREASER
#1 BELOW THE
REQUIRED FREEBOARD RATIO
1-12. Complainant realleges and incorporates by reference herein, paragraphs 1 through
8 and paragraphs 10, 11, 14 and 15 of Count I as paragraphs 1 through 12 ofthis Count III.
13.
40 CFR 63.463(a)(2), titled, Batch vapor and in-line cleaning machine standards,
provides as follows:
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Electronic Filing, Received, Clerk's Office, July 30, 2007
* * * * * 2008-011 * * * * *
Except as provided in §63.464 for all cleaning machines, each owner or operator
of a solvent cleaning machine subject to the provisions of this subpart shall ensure
that each existing or new batch vapor or in-line solvent cleaning machine subject
to the provisions
of this subpart conforms to the design requirements specified in
paragraphs (a)(1) through (7)
of this'section.
(2)
Each cleaning machine shall have a freeboard ratio
of 0.75 or greater.
14.
Condition 5(b) of Respondent's lifetime operating permit number 73100136
provides as follows:
Each solvent cleaning machine must meet the following
b~se
design requirements,
pursuant to 40 CFR, Part 63.463.
b.
A freeboard ration of 0.75 or greater must be maintained for each solvent
cleaning machine.
15.
During the inspection of the Facility, the Illinois EPA calculated the freeboard
ratio
of degreaser #1 using data supplied by Respondent.
16.
.The Illinois EPA calculations show that degreaser #1 has a freeboard ratio of
0.617 well below the freeboard ratio of 0.75 required by 40 CFR 63.463(a)(2) and operating
permit condition 5(b)
of permit number 73100136.
17.
By operating degreaser #1 with a freeboard ration below 0.75, Respondent
violated 40 CFR 63.463(a)(2) and operating condition 5(b)
of operating permit number
73100136 and thereby also violated Sections 9(b) and 9.1(d)(I)
ofthe Act, 915 ILCS 5/9(b) and
9.1 (d)(I) (2004).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order in favor
of Complainant and against Respondent with
respect
to this Count ill:
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Electronic Filing, Received, Clerk's Office, July 30, 2007
* * * * * 2008-011 * * * * *
1.
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein;
2.
Finding that Respondent has violated Sections 9(b) and 9.1(d)(1) of the Act and
40 CFR 63.463(a) (2) and operating permit condition 5(b);
3.
Assessing a civil penalty against Respondent in the amount of Fifty Thousand
Dollars ($50,000.00) for each violation
of the Act with an additional civil penalty ofTen
Thousand Dollars ($10,000.00) per day of violation;
4.
Ordering Respondent to pay all costs pursuant to Section 42(f) ofthe Act,
including attorney, expert witness and consultant fees expended by the State in its pursuit ofthis
action; and
5.
Granting such other relief as the Board deems appropriate and just.
COUNT IV
FAILURE TO SUBMIT ANNUAL REPORTS
1-12. Plaintiff realleges and incorporates by reference herein, paragraphs 1 through 12
of Count III as paragraphs 1 through 12 ofthis Count IV.
13.
40 CFR 63.468(f), titled, Reporting requirements, provides as follows:
Each owner or operator
of a batch vapor or in-line solvent cleaning
machine complying with the provisions
of §63.463 shall submit an annual
report by February 1
ofthe year following the one for which the reporting
is being made. This report shall include the requirements specified in
paragraphs (f)(1) through (f)(3)
of this section.
14.
Condition 10(b) of Respondent's lifetime operating number 73100136 provides as
follows:
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Electronic Filing, Received, Clerk's Office, July 30, 2007
* * * * * 2008-011 * * * * *
An annual compliance report must be submitted by February 1, of the year
following the year the report covers.
15.
From at least 2001, and continuing to the date of the filing of this Complaint,
Respondent failed to submit annual reports to the Illinois EPA for the degreasers it employs at
the Facility.
16.
By failing to submit annual reports for the degreasers in use at the Facility,
Respondent violated 40 CFR 63.468(f) and operating permit condition 10(b)
of operating permit
number 73100136.
17.
By violating 40 CFR 63.468(f) and condition 10(b) of operating permit number
73100136, Respondent also violated Sections 9(b) and 9.1(d)(1) of the Act, 415 ILCS 5/9(b) and
9.1(d)(1 )(2004).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order in favor
of Complainant and against Respondent with
respect to this Count IV:
1.
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein;
2.
Finding that Respondent has violated Sections 9(b) and 9.1(d)(1) of the Act and
40 CFR 63.468(f) and operating permit condition 10(b)
of operating permit #73100136;
3.
Assessing a civil penalty against Respondent in the amount of Fifty Thousand
Dollars ($50,000.00) for each violation
of the Act with an additional civil penalty ofTen
Thousand Dollars ($10,000.00) for each day of violation;
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Electronic Filing, Received, Clerk's Office, July 30, 2007
* * * * * 2008-011 * * * * *
4.
Ordering Respondent to pay all costs pursuant to Section 42(t) of the Act,
including attorney, expert witness and consultant fees expended
by the State in its pursuit of this
action; and
5.
Granting such other relief as the Board deems appropriate and just.
COUNT V
FAILURE TO SUBMIT SEMI-ANNUAL EXCEEDANCE REPORTS
1-12. Complainant realleges and incorporates by reference herein, paragraphs 1 through
12 of Count IV as paragraphs 1 through 12 of this Count V.
13.
40 CFR 63.468(h) titled, Reporting requirements, provides as follows:
Each owner or operator
of a batch vapor or in-line solvent cleaning
machine shall submit an exceedance report to the Administrator semi-
annually except when, the Administrator determines on case-by-case basis
that more frequent reporting is necessary to accurately assess the
compliance status
of the source or, an exceedance occurs. Once an
exceedance has occurred the owner or operator shall follow a quarterly
reporting format until a request to reduce reporting frequency under
paragraph (i)
of this section is approved. Exceedance reports hall be
delivered or postmarked
by the 30
th
day following the end or each calendar
half or quarter, as appropriate. The exceedance report shall include the
applicable information in paragraphs (h)(1) through (3)
of this section.
(1)
Information on the actions taken to comply with §63.463(e) and
(t). This information shall include records
of written or verbal
orders for replacement parts, a description
of the repairs made, and
additional monitoring conducted to demonstrate that monitored
parameters have returned to accepted levels.
(2)
If an exceedance has occurred, the reason for the exceedance and a
description
of the actions taken.
(3)
If no exceedances of a parameter have occurred, or a piece of
equipment has not been inoperative, out of control, repaired, or
adjusted, such information shall be stated in the report.
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Electronic Filing, Received, Clerk's Office, July 30, 2007
* * * * * 2008-011 * * * * *
14.
Condition 10(c) of Respondent's lifetime operating permit number 73100136
provides as follows:
An
exceedance report shall be submitted every 6 months if there is not an
exceedance, and every 3 months
if there is an exceedance. If an
exceedance did not occur the report would consist
of a statement certifying
that there were no exceedance.
15.
From at least 2001, and continuing to the date of the filing of this Complaint,
Respondent has not submitted semi-annual exceedance reports to the Illinois EPA for degreaser
#1.
16.
By failing to submit semi-annual exceedartce reports to the Illinois EPA,
Respondent violated 40 CFR 63.468(h) and operating permit condition 10(c)
ofpermit number
73100136 and thereby, also violated Sections 9(b) and 9.1(d)(1)
of the Act, 415 ILCS 5/9(b) and
9.1(d)(l )(2004).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order in favor
of Complainant and against Respondent with
respect to this Count
VI:
1.
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein;
2.
Finding that Respondent has violated Sections 9(b) and 9.1 (d)(1) of the Act and
40 CFR 63.468(h) and operating permit condition
W(c);
3.
Assessing a civil penalty against Respondent in the amount of Fifty Thousand
Dollars ($50,000.00) for each violation of the Act with an additional civil penalty ofTen
Thousand Dollars ($10,000.00) per day for each day of violation;
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Electronic Filing, Received, Clerk's Office, July 30, 2007
* * * * * 2008-011 * * * * *
4.
Ordering Respondent to pay all costs pursuant to Section 42(f) of the Act,
including attorney, expert witness and consultant fees expended
by the State in its pursuit of this
action; and
5.
Granting such other relief as the Board deems appropriate and just.
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN, Attorney General
State
of Illinois
MATTHEW
J. DUNN, Chief,
Environmental Enforcement!
Asbestos Litigation Division
By:-,.......,4~~~~~~~~~~=
ROSEMARIE CAZEAU, Chief
Environmental Bureau
Assistant Attorney General
OfCounsel:
ZEMEHERET BEREKET-AB
Assistant Attorney General
Environmental Bureau North
69 West Washington Street, Suite 1800
Chicago, Illinois 60602
(312) 814-3816
(312) 814-2347 - fax
G:IEnvironmental EnforcementlZ BEREKET-ABIPlastic Capacitors - Complaint 7-27-07.wpd
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Electronic Filing, Received, Clerk's Office, July 30, 2007
* * * * * 2008-011 * * * * *
CERTIFICATE OF SERVICE
I, ZEMEHERET BEREKET-AB, an Assistant Attorney General, do certify that I caused
to be served on this 30
th
day of July, 2007, the foregoing Notice of Filing, and a Complaint, upon
the person listed on said Notice by placing same in an envelope bearing sufficient postage with
. the United States Postal Service located at 100 West Randolph Street, Chicago, Illinois.
ZEMEHERET BEREKET-AB
G:\Envlronmental Enforcement\Z BERE.KET-AB\Plastlc Capacitors - NOF
&
Certificate 7-30-07.wpd
Electronic Filing, Received, Clerk's Office, July 30, 2007
* * * * * 2008-011 * * * * *
