ILLINOIS POLLUTION CONTROL BOARD
    March 5, 2009
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    PLASTIC CAPACITORS, INC., an Illinois
    corporation,
    Respondent.
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    PCB 08-11
    (Enforcement - Air)
    ORDER OF THE BOARD (by T.E. Johnson):
    On July 30, 2007, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against Plastic Capacitors, Inc. (Plastic Capacitors). The
    complaint concerns Plastic Capacitors’ manufacturing facility located at 2623 North Pulaski
    Road in Chicago, Cook County. The parties now seek to settle without a hearing. For the
    reasons below, the Board directs the Clerk to provide public notice of the parties’ stipulation,
    proposed settlement, and request for relief from the hearing requirement.
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), the Attorney
    General and the State’s Attorneys may bring actions before the Board to enforce Illinois’
    environmental requirements on behalf of the People.
    See
    415 ILCS 5/31 (2006); 35 Ill. Adm.
    Code 103. In this case, the People allege that Plastic Capacitors violated Sections 9(b) and
    9.1(d)(1) and of the Act (415 ILCS 5/9(b), 9.1(d)(1) (2006))
    ,
    40 C.F.R. §§ 63.463(a)(2),
    (a)(7)(c), and (e)(2)(i), 40 C.F.R. §§ 63.468(f) and (h), and conditions 5(b), 7(a), 10(b), and 10(c)
    of the National Emission Standards for Hazardous Air Pollutants (NESHAP) Source Permit No.
    73100136.
    1
    1
    Section 9.1(d)(1) of the Act prohibits persons from violating any provisions of Section 111,
    112, 165 or 173 of the federal Clean Air Act or federal regulations adopted thereunder. 415
    ILCS 5/9.1(d)(1) (2006).
    The People allege that Plastic Capacitors violated these provisions by operating a
    solvent cleaning machine above the solvent’s boiling point, operating a degreaser without a
    carbon absorber, operating a degreaser below the required freeboard ratio, failing to submit
    annual reports, and failing to submit semi-annual exceedance reports.
    On February 18, 2009, the People and Plastic Capacitors filed a stipulation and proposed
    settlement, accompanied by a request for relief from the hearing requirement of Section 31(c)(1)
    of the Act (415 ILCS 5/31(c)(1) (2006)). This filing is authorized by Section 31(c)(2) of the Act
    (415 ILCS 5/31(c)(2) (2006)), which requires that the public have an opportunity to request a
    hearing whenever the State and a respondent propose settling an enforcement action without a
    public hearing.
    See
    35 Ill. Adm. Code 103.300(a).
    2
    Under the proposed stipulation, the People contend that based on a July 17, 2007
    inspection of the facility by the Illinois Environmental Protection Agency (Agency), Plastic
    capacitors has violated Sections 9(a), 9(b), and 9.1(d)(1) of the Act (415 ILCS 5/9(a), 9(b),
    9.1(d)(1) (2006))
    ,
    40 C.F.R. §§ 63.463(a)(3), (a)(5), (b), (d)(8), (e), 40 C.F.R. § 63.467(b),
    conditions 5(c), 5(d), 7(a), 7(b), and 9(b) of the NESHAP Source Permit No. 73100136, and
    Section 201.302(a) of the Board’s air pollution regulations (35 Ill. Adm. Code 201.302(a)). The
    People allege that Plastic Capacitors violated these provisions by operating the degreaser without
    the required freeboard ratio, failing to maintain records of the freeboard ratio and modifications
    thereto, failing to maintain records of air blanket temperature, failing to monitor air blanket
    temperature, failing to maintain records of hoist speed, failing to monitor hoist speed, operating
    the degreaser with excessive hoist speed, failing to use threaded or other leakproof couplings
    when transferring solvent to and from the degreaser, failing to equip the degreaser with a vapor
    level control device, and failing to submit annual emissions reports. Under the proposed
    stipulation, Plastic Capacitors does not affirmatively admit the violations alleged in the
    complaint or allegedly observed by the Agency on July 17, 2007, but agrees to pay a civil
    penalty of $1,000.00.
    Unless the Board determines that a hearing is needed, the Board must cause notice of the
    stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
    may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
    files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
    hearing.
    See
    415 ILCS 5/31(c)(2) (2006); 35 Ill. Adm. Code 103.300(b), (c). The Board directs
    the Clerk to provide the required notice.
    IT IS SO ORDERED.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on March 5, 2009, by a vote of 5-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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