Electronic Filing, Received, Clerk's Office, July 31, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS
)
ex rel. LISA MADIGAN, Attorney
)
General of the State of Illinois,
)
)
Complainant,
)
v.
) PCB 06-144
) (Enforcement-Air)
GOLDEN BAG COMPANY,
)
an Illinois corporation
)
)
Respondent.
)
ANSWER TO COMPLAINT
Respondent, GOLDEN BAG COMPANY (“Golden Bag”), by and through its attorneys
Bellande & Sargis Law Group, LLP, for its Answer to the Complaint, states as follows:
COUNT I
CAUSING, THREATENING OR ALLOWING AIR POLLUTION
1.
This count 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 EPA, pursuant to Section 31 of the Illinois Environmental Protection Act
("Act"), 415 I LCS 5/31(2004).
ANSWER:
Respondent admits that the Attorney General purports to bring this Complaint on behalf
of the People of the State of Illinois pursuant to the Illinois Environmental Protection Act.
2.
The Illinois Environmental Protection Agency ("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 (2004), and charged, inter alia, with the duty of enforcing the Act.
ANSWER:
Respondent admits that this paragraph of the Complaint refers to the Act and avers that
the Act speaks for itself.
Electronic Filing, Received, Clerk's Office, July 31, 2007
3.
At all times relevant to this complaint, Respondent, GOLDEN BAG COMPANY
("GOLDEN BAG"), has been and is an Illinois corporation, duly authorized to do business in the
State of Illinois.
ANSWER:
Respondent admits the allegations of this paragraph of the Complaint.
4.
At all times relevant to this complaint, Respondent has owned a plastic bag
manufacturing facility, located at 290 Illinois Street, Dundee, Kane County, Illinois ("Facility")
and, began operations at the Facility in 1999, or on a date better known to Respondent.
ANSWER:
Respondent admits the allegations of this paragraph of the Complaint.
5.
On information and belief, Respondent uses ten (10) plastic extruders and five (5)
flexographic printing presses as part of its manufacturing operations.
ANSWER:
Respondent state that it uses extruders and printing presses in its operations, but denies
the remaining allegations of this paragraph of the Complaint and demands strict proof thereof.
6.
Beginning in November 2003, Illinois EPA began receiving complaints about
odors emanating from the facility. These odors were described as smelling like "baby powder."
ANSWER:
Respondent denies the allegations of this paragraph of the Complaint and demands strict
proof thereof.
7.
An Illinois EPA inspector noticed "baby powder odors" on each of three visits to
the Facility during November 2003.
ANSWER:
Respondent denies the allegations of this paragraph of the Complaint and demands strict
proof thereof.
8.
On or about December 9, 2003, Illinois EPA sent a Non-Compliance Letter to
GOLDEN BAG notifying them that they had failed to secure an operating permit for their plastic
extruders and flexographic printing equipment.
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ANSWER:
Respondent admits receiving a Non-Compliance Letter, and avers that said Letter speaks
for itself.
9.
On or about December 22, 2003, GOLDEN BAG responded to the Non-
Compliance letter and noted that they would submit a permit application and the necessary
certifications for their printing presses to Illinois EPA within thirty (30) days and also notified
the agency that it was in the process of installing new air filters to rectify the odor problem at the
Facility.
ANSWER:
Respondent admits the allegations of this paragraph of the Complaint.
10.
On January 27, 2004, GOLDEN BAG submitted an application for an operating
permit to Illinois EPA ("January 27th Permit Application").
ANSWER:
Respondent admits the allegations of this paragraph of the Complaint.
11.
On February 2, 2004, after having reviewed the January 27`h Permit Application,
Illinois EPA issued a Notice of Incompleteness ("NOI") to GOLDEN BAG because it had failed
to supply the agency with Potential to Emit ("PTE") calculations as part of its permit application
and had also failed to demonstrate that the Facility and the printing equipment therein were in
compliance with the Illinois Pollution Control Board's ("Board") Air Pollution Control
Regulations ("Board's Air Pollution Regulations") for flexographic printing operations.
ANSWER:
Respondent admits receiving a Notice of Incompleteness, and avers that said Notice
speaks for itself.
12.
On May 14, 2004, Illinois EPA conducted an inspection of the Facility ("May 14
th
Inspection"). Upon reaching the Facility, prior to commencing the inspection, Illinois EPA
personnel became aware of "baby powder" odors while standing in Respondent's parking lot.
These odors were noticed by Illinois EPA personnel while inside the Facility, as well.
ANSWER:
Respondent admits that Illinois EPA conducted an inspection of the Facility, but denies
the remaining allegations of this paragraph of the Complaint, and demands strict proof thereof.
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13.
During the May 14th Inspection, Illinois EPA personnel observed that
Respondent was operating plastic extruders and flexographic printing presses.
ANSWER:
Respondent states that it is without knowledge or information sufficient as to the truth or
falsity of the allegations contained in this paragraph of the Complaint, and therefore denies said
allegations and demands strict proof thereof.
14.
On or about September 30, 2004, GOLDEN BAG submitted a new application for
an operating permit to Illinois EPA ("September 30th Permit Application").
ANSWER:
Respondent admits the allegations of this paragraph of the Complaint.
15.
On October 4, 2004, Illinois EPA issued Violation Notice A-2004-00391 to
GOLDEN BAG for causing or allowing air pollution, construction and operation of emission
units without first obtaining the required construction or operating permits, failure to timely file a
Clean Air Act Permitting Program ("CAAPP") application, failure to comply with the Board's
New Source Review ("NSR") regulations, failure to comply with the requirements for emissions
sources within the Chicago ozone non-attainment area to enroll in the Emissions Reduction
Marketing System ("ERMS"), failure to comply with the Board's flexographic printing
regulations, and failure to keep required records and make required reports.
ANSWER:
Respondent admits receiving a Violation Notice, and avers that said Notice speaks for
itself.
16.
On October 6, 2004, in response to the September 30th Permit Application, IEPA
issued an NOI to GOLDEN BAG with respect to its September 30th Permit Application because
GOLDEN BAG had, once again, failed to substantiate the PTE calculations included in its
permit application, as well as its failure to include information regarding the amount of VOMs
produced by its extruders.
ANSWER:
Respondent admits receiving a Notice of Incompleteness, and avers that said Notice
speaks for itself.
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17.
By letter dated November 12, 2004 ("November 12th Letter"), GOLDEN BAG's
environmental consultant, Superior Environmental Corporation, stated that "GOLDEN BAG
acknowledges that it has caused and allowed air emissions from its plastic extruding and
flexographic printing operations."
ANSWER:
Respondent denies that Superior Environmental is its current environmental consultant,
and further states that said Letter speaks for itself.
18.
GOLDEN BAG's operation of the facility is subject to the Act, as well as the rules
and regulations which have been adopted by the Illinois Pollution Control Board ("Board") and
the Illinois EPA, respectively. The Board's regulations for air pollution are found in Title 35,
Subtitle B, Chapter I of the Illinois Administrative Code ("Board's Air Pollution Regulations"),
and the Illinois EPA rules and regulations for air pollution are found in Title 35, Subtitle B,
Chapter II of the Illinois Administrative Code ("Illinois's EPA Air Pollution Regulations").
ANSWER:
Respondent admits the allegations of this paragraph of the Complaint.
19.
Section 9(a) of the Act, 415 ILCS 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.
ANSWER:
Respondent admits that this paragraph of the Complaint accurately quotes the selected
section of the Act, and avers that the quoted section speaks for itself.
20.
Section 201.141 of the Board's Air Pollution Regulations, 35 Ill. Adm. Code
201.141, provides, in relevant part, as follows:
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 . . . .
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ANSWER:
Respondent admits that this paragraph of the Complaint accurately quotes the selected
section of the Board Regulations, and avers that the quoted section speaks for itself.
21.
Section 3.26 of the Act, 415 ILCS 5/3.26 (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 agency, or any other legal entity, or
their legal representative, agent or assigns.
ANSWER:
Respondent admits that this paragraph of the Complaint accurately quotes the selected
section of the Act, and avers that the quoted section speaks for itself.
22.
GOLDEN BAG is a "person," as that term is defined in Section 3.26 of the Act,
415 ILCS 5/3.26 (2004).
ANSWER:
The allegations of this paragraph of the Complaint constitute legal conclusions to which
no answer is required.
23.
Section 3.115 of the Act, 415 ILCS 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 liberty.
ANSWER:
Respondent admits that this paragraph of the Complaint accurately quotes the selected
section of the Act, and avers that the quoted section speaks for itself.
24.
Section 201.102 of the Board's Air Pollution Regulations, 35 Ill. Adm. Code
201.102, provides, in pertinent part, as follows:
"Emission Source": any equipment or facility of a type capable of emitting
specified air contaminants to the atmosphere. "New Emission Source" :
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Electronic Filing, Received, Clerk's Office, July 31, 2007
any emission source, the construction or modification of which is
commenced on or after April 14, 1972. "Owner or Operator": any person
who owns, leases, controls or supervises and emission source or air
pollution control equipment.
ANSWER:
Respondent admits that this paragraph of the Complaint accurately quotes the selected
section of the Board Regulations, and avers that the quoted section speaks for itself.
25.
Since at least 1999, or on a date better known to Respondent, GOLDEN BAG has
engaged in the manufacture and printing of plastic bags. The plastic extruding and flexographic
printing processes involved in GOLDEN BAG's manufacturing operations constitute "emission
sources," as that term is defined in 35 Ill. Adm. Code 201.102, by virtue of the specified air
contaminants that are emitted during the extrusion and flexographic printing processes.
ANWER:
Respondent admits that it has operated extruding and flexographic printing of plastic bags
since 1999, but denies the remaining allegations of this paragraph of the Complaint and demands
strict proof thereof.
26.
By virtue of GOLDEN BAG's commencement of operations after April 14, 1972,
GOLDEN BAG is a "new emission source," as that term is defined in 35 Ill. Adm. Code
201.102.
ANWER:
The allegations of this paragraph of the Complaint constitute legal conclusions to which
no answer is required.
27.
GOLDEN BAG is the "owner or operator" of the "emission source," as that term
is defined in 35 Ill. Adm. Code 201.102.
ANSWER:
The allegations of this paragraph of the Complaint constitute legal conclusions to which
no answer is required.
28.
Section 3.06 of the Act, 415 ILCS 5/3.06 (2004), provides, as follows:
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"CONTAMINANT" is any solid, liquid, gaseous matter, any odor, or any
form of energy, from whatever source.
ANSWER:
Respondent admits that this paragraph of the Complaint accurately quotes the selected
section of the Act, and avers that the quoted section speaks for itself.
29.
Section 211.7150 of the Board's Air Pollution Regulations, 35 Ill. Adm. Code
211.7150, contains the following definition:
"Volatile organic material (VOM)" or "volatile organic compound (VOC)"
means any compound of carbon, excluding carbon monoxide, carbon
dioxide, carbonic acid, metallic carbides or carbonates, and ammonium
carbonate which participates in atmospheric photochemical reactions.
ANSWER:
Respondent admits that this paragraph of the Complaint accurately quotes the selected
section of the Board Regulations, and avers that the quoted section speaks for itself.
30.
VOM is a "contaminant," as that term is defined in Section 3.06 of the Act, 415
ILCS 5/3.06 (2004).
ANSWER:
The allegations of this paragraph of the Complaint constitute legal conclusions to which
no answer is required.
31.
Within the Facility, GOLDEN BAG employs extruding and printing processes
that are capable of emitting volatile organic material ("VOM"). These emissions meet the
statutory definition of a "contaminant," as that term is defined in 415 ILCS 5/3.06 (2004).
ANSWER:
Respondent admits the first sentence of this paragraph of the Complaint. Further,
Respondent states that the allegations in the second sentence of this paragraph of the Complaint
constitute legal conclusions to which no answer is required.
32.
GOLDEN BAG's production of scented bags resulted in the uncontrolled
emission of VOMs, which, in turn, caused, threatened or allowed the discharge or emission of a
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contaminant into the environment, in violation of applicable Board regulations and therefore
violated Section 9(a) of the Act, 415 ILCS 5/9(a) (2004), and Section 201.141 of the Board's Air
Pollution Regulations, 35 Ill. Adm. Code 201.141.
ANSWER:
Respondent denies the allegations of this paragraph of the Complaint and demands strict
proof thereof.
COUNT II
FAILURE TO OBTAIN CONSTRUCTION PERMIT
1 - 18. Complainant realleges and incorporates by reference herein paragraphs I through
18 of Count I, as paragraphs I through 18 of this Count II.
ANSWER:
Respondent adopts by reference and restates its answers to paragraphs 1 through 18 of
Count I, as its answers to paragraphs 1 through 18 of this Count II.
19.
Section 9(b) of the Illinois Environmental Protection Act, 415 ILCS 5/9(b)(2004),
in relevant part provides that "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;"
ANSWER:
Respondent admits that this paragraph of the Complaint accurately quotes the selected
section of the Act, and avers that the quoted section speaks for itself.
20.
Section 201.102 of the Board's Air Pollution Regulations, 35 Ill. Adm. Code
201.102, contains the following definitions:
"Construction": commencement of on-site fabrication, erection or
installation of an emission source or of air pollution control equipment.
"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
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construction or modification of which is commenced on or after April 14,
1972.
ANSWER:
Respondent admits that this paragraph of the Complaint accurately quotes the selected
section of the Board Regulations, and avers that the quoted section speaks for itself.
21.
GOLDEN BAG has engaged in the "construction" of "new emission source[s],"
as those terms are defined in Section 201.102 of the Board's Air Pollution Regulations, 35 Ill.
Adm. Code 201.102.
ANSWER:
The allegations of this paragraph of the Complaint constitute legal conclusions to which
no answer is required.
22.
Section 201.142 ("Construction Permit Required") of the Board's Air Pollution
Regulations, 35 Ill. Adm. Code 201.142, provides as follows:
"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,
except as provided in Sections 201.146 or Section 201.170(b) of this Part."
ANSWER:
Respondent admits that this paragraph of the Complaint accurately quotes the selected
section of the Board Regulations, and avers that the quoted section speaks for itself.
23.
GOLDEN BAG failed to obtain construction permits from Illinois EPA for any of
the extruders or flexographic printing presses which it constructed at the Facility.
ANSWER:
Respondent admits that it did not receive construction permits from Illinois EPA for its
printing operations at the Facility, but denies the remaining allegations of this paragraph of the
Complaint and demands strict proof thereof. Further answering, Respondent states it took steps
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to come into compliance as soon as it learned of the applicability of the Act and Board
Regulations.
24.
From at least 1999, or on dates better known to Respondent, GOLDEN BAG
failed to obtain the requisite construction permit(s) for the emission source(s) which it
constructed at the Facility, thereby violating Section 201.402 of the Board's Air Pollution
Regulations, 35 Ill. Adm. Code 201.402.
ANSWER:
Respondent admits that it did not receive construction permits from Illinois EPA since
1999 for its printing operations at the Facility, and further answers that the remaining allegations
of this paragraph of the Complaint are legal conclusions to which no answer is required. Further
answering, Respondent states it took steps to come into compliance as soon as it learned of the
applicability of the Act and Board Regulations.
25.
By violating Section 201.402 of the Board's Air Pollution Regulations, 35 Ill.
Adm. Code 201.402, GOLDEN BAG has also violated Section 9(b) of the Act, 415 ILCS 5/9(b)
(2004).
ANSWER:
The allegations of this paragraph of the Complaint constitute legal conclusions to which
no answer is required.
COUNT III
FAILURE TO OBTAIN OPERATING PERMIT
1 - 19. Complainant realleges and incorporates by reference herein paragraphs I through
19 of Count 11 as paragraphs I through 19 of this Count III.
ANSWER:
Respondent adopts by reference and restates its answers to paragraphs 1 through 19 of
Count II, as its answers to paragraphs 1 through 19 of this Count III.
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20.
Section 201.143 ("Operating Permits for New Sources") of the Board's Air
Pollution Control Regulations, 35 Ill. Adm. Code 201.143, provides 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 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."
ANSWER:
Respondent admits that this paragraph of the Complaint accurately quotes the selected
section of the Board Regulations, and avers that the quoted section speaks for itself.
21.
As of the date of the filing of this Complaint, GOLDEN BAG has failed to obtain
an operating permit for its new emissions sources and air pollution control equipment, as
required by Section 201.143 of the Board's Air Pollution Control Regulations, 35 Ill. Adm. Code
210.143.
ANSWER:
Respondent admits that at the time of the filing of the Complaint, it had not received an
operating permit for its printing operations or air pollution control equipment, but states that the
remaining allegations of this paragraph of the Complaint are legal conclusions to which no
answer is required.
22.
Through its continuing violations of Section 201.143 of the Board's Air Pollution
Control Regulations, 35 Ill. Adm. Code 201.143, GOLDEN BAG is also continuing to violate
Section 9(b) of the Act, 415 ILCS 5/9(b) (2004).
ANSWER:
The allegations of this paragraph of the Complaint constitute legal conclusions to which
no answer is required.
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COUNT IV
OPERATING A MAJOR SOURCE WITHOUT A CAAPP PERMIT
1 - 18. Complainant realleges and incorporates by reference herein paragraphs 1 through
18 of Count 1, as paragraphs I through 18 of this Count IV.
ANSWER:
Respondent adopts by reference and restates its answers to paragraphs 1 through 18 of
Count I, as its answers to paragraphs 1 through 18 of this Count IV.
19.
Based on information submitted by GOLDEN BAG to Illinois EPA, GOLDEN
BAG's plastic extruding and flexographic printing operations have the potential to emit at least
25.4 tons of VOMs per year.
ANSWER:
Respondent denies the allegations of this paragraph of the Complaint and demands strict
proof thereof.
20.
Section 39.5(1) of the Act, 415 ILCS 5/39.5(1), defines a CAAPP permit as:
[A]ny permit issued, renewed, amended, modified or revised pursuant to 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 this
Section.
"Owner or operator" means any person who owns, leases, operates,
controls, or supervises a stationary source.
"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) belonging to a single major industrial grouping. . .
"Stationary Source" means any building, structure, facility, or installation
that emits or may emit any regulated air pollutant . . .
"Regulated Air Pollutant" means the following:
Nitrogen oxides (No.) or any volatile organic compound.
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"Major Source" means a source for which emissions of one or more air
pollutants meet the criteria for major status pursuant to paragraph 2(c) of
this Section.
ANSWER:
Respondent admits that this paragraph of the Complaint accurately quotes the selected
section of the Act, and avers that the quoted section speaks for itself.
21.
Section 39.5(6)(b) of the Act, 415 ILCS 5/39.5(6)(b)(2004), provides as follows :
6. Prohibition:
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 source has been timely submitted to
the Agency.
ANSWER:
Respondent admits that this paragraph of the Complaint accurately quotes the selected
section of the Act, and avers that the quoted section speaks for itself.
22.
Section 39.5(2)(c)(iii) of the Act, 415 ILCS 5/39.5(2)(c)(iii) (2004), provides as
2.
Sources subject to this Section shall include:
a. 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. A major stationary source as defined in part D of Title I of the
Can Air Act including:
A. For ozone nonattainment areas, sources with the potential to
emit 100 tons or more per year of volatile organic
compounds or oxides of nitrogen in areas classified as
"marginal" or "moderate", 50 tons or more per year in areas
classified as "serious", 25 tons or more per year in areas
classified as "severe", and 10 tons or more per year in areas
classified as "extreme" ; except that the references in this
clause to 100, 50, 25, and 10 tons per year of nitrogen
oxides shall not apply with respect to any source for which
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USEPA has made a finding, under Section 182(f)(1) or (2)
of the Clean Air Act, that requirements otherwise
applicable to such source under Section 182(f) of the Clean
Air Act do not apply. Such sources shall remain subject to
the major source criteria of paragraph 2(c)(ii) of this
subsection.
B. For ozone transport regions established pursuant to
Section 184 of the Clean Air Act, sources with the
potential to emit 50 tons or more per year of volatile
organic compounds (VOCs).
C. For carbon monoxide nonattainment areas (1) that are
classified as "serious", and (2) in which stationary
sources contribute significantly to carbon monoxide
levels as determined under rules issued by USEPA,
sources with the potential to emit 50 tons or more per
year of carbon monoxide.
D. For particulate matter (PM-10) nonattainment areas
classified as "serious", sources with the potential to
emit 70 tons or more per year of PM-10.
ANSWER:
Respondent admits that this paragraph of the Complaint accurately quotes the selected
section of the Act, and avers that the quoted section speaks for itself.
23.
Because GOLDEN BAG has the potential to emit greater than 25 tons per year of
VOMs, it is a "major source," as that term is defined in Section 39.5(1) of the Act, 415 ILCS
5/39.5(1) (2004), and is therefore a "CAAPP source," as that term is defined in Section 39.5(1)
of the Act, 415 ILCS 5/39.5(1) (2004).
ANSWER:
The allegations of this paragraph of the Complaint constitute legal conclusions to which
no answer is required.
24.
GOLDEN BAG owns and operates a stationary source or source(s), and therefore
is the "owner and operator" of a "CAAPP source," as those terms are defined in Section 39.5(1)
of the Act, 415 ILCS 5/39.5(1) (2004).
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ANSWER:
The allegations of this paragraph of the Complaint constitute legal conclusions to which
no answer is required.
25.
GOLDEN BAG has effectively operated a CAAPP source without the required
CAAPP permit. In doing so, GOLDEN BAG violated Section 39.5(6)(b) of the Act, 415 ILCS
5/39.5(6)(b) (2004).
ANSWER:
The allegations of this paragraph of the Complaint constitute legal conclusions to which
no answer is required.
COUNT V
FAILURE TO COMPLY WITH
NEW SOURCE REVIEW REOUIREMENTS
1 - 19. Complainant realleges and incorporates by reference herein paragraphs I through
19 of Count 1, as paragraphs 1 through 19 of this Count V.
ANSWER:
Respondent adopts by reference and restates its answers to paragraphs 1 through 19 of
Count I, as its answers to paragraphs 1 through 19 of this Count V.
20.
Section 203.127 of the Board's Air Pollution Regulations 35 Ill. Adm. Code
203.127, defines the term "nonattainment area," as:
"An area designated by USEPA as nonattainment for a given pollutant
pursuant to Section 107 of the Clean Air Act (42 U.S.C. 7407)."
ANSWER:
Respondent admits that this paragraph of the Complaint accurately quotes the selected
section of the Board Regulations, and avers that the quoted section speaks for itself.
21.
Section 203.201 of the Board's Air Pollution Regulations, Ill. Adm. Code
203.201 provides as follows:
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"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 or nitrogen oxides. Revisions to this Part which
were adopted to implement the Clean Air Act Amendments of 1990 shall
not apply to any new major stationary source or major modification for
which a permit application was submitted by June 30, 1992 for PM- 10,
May 15, 1992, for S02, or by November 15, 1992, for nitrogen oxides and
volatile organic material emissions for sources located in all ozone
nonattainment areas."
ANSWER:
Respondent admits that this paragraph of the Complaint accurately quotes the selected
section of the Board Regulations, and avers that the quoted section speaks for itself.
22.
Section 205.127 of the Board's Air Pollution Regulations, 35 Ill. Adm. Code
203.206(b)(1)(C) provides:
"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;"
ANSWER:
Respondent admits that this paragraph of the Complaint accurately quotes the selected
section of the Board Regulations, and avers that the quoted section speaks for itself.
23.
At the time of the violations alleged in this Count, the Facility was located in an
area that had been designated as a severe ozone nonattainment area.
ANSWER:
The allegations of this paragraph of the Complaint constitute legal conclusions to which
no answer is required.
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24.
Because the Facility has the potential to emit 25 tons per year of VOMs per year,
it is considered a "major stationary source," as that term is defined in Section 203.206(b) of the
Board's Air Pollution Regulations, 35 Ill. Adm. Code 203.206(b).
ANSWER:
The allegations of this paragraph of the Complaint constitute legal conclusions to which
no answer is required.
25.
Because the Facility is classified as a "major source" for VOM emissions and, at
the time of the violations alleged herein, was located in severe ozone non-attainment area, it was
required to comply with the Board's Air Pollution regulations governing new source review.
ANSWER:
The allegations of this paragraph of the Complaint constitute legal conclusions to which
no answer is required.
26.
GOLDEN BAG has violated and continues to violate Section 203.201 of the
Board's Air Pollution Regulations, 35 Ill. Adm. Code 203.201. As the result of such violations,
GOLDEN BAG has also violated Section 9(a) of the Act, 415 ILCS 5/9(a) (2004).
ANSWER:
The allegations of this paragraph of the Complaint constitute legal conclusions to which
no answer is required.
COUNT VI
FAILURE TO SUBMIT COMPLETE AND ACCURATE
ANNUAL EMISSIONS REPORTS
1 - 20. Complainant realleges and incorporates by reference herein paragraphs I through
20 of Count III as paragraphs 1 through 20 of this Count VI.
ANSWER:
Respondent adopts by reference and restates its answers to paragraphs 1 through 20 of
Count III, as its answers to paragraphs 1 through 20 of this Count VI.
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21.
Section 254.102(b) of the Board's Air Pollution Regulations, 35 Ill. Adm. Code
254.102(b), provides as follows:
Subpart C of this Part applies to the owner or operator of any source of
regulated air pollutants required to have an operating permit in accordance
with 35 Ill. Adm. Code 201 that is not subject to subsection (a) of this
Section.
ANSWER:
Respondent admits that this paragraph of the Complaint accurately quotes the selected
section of the Board Regulations, and avers that the quoted section speaks for itself.
22.
GOLDEN BAG is required to have an operating permit by virtue of its status of
as the owner or operator of a source of regulated air pollutants. Accordingly, GOLDEN BAG is
subject to 254.102(b) of the Illinois EPA's Air Pollution Regulations, 35 Ill. Adm. Code
254.102(b).
ANSWER:
Respondent admits that this paragraph of the Complaint accurately quotes the selected
section of the Board Regulations, and avers that the quoted section speaks for itself.
23.
Section 254.137(a) of the Illinois EPA's Air Pollution Regulations, 35 Ill. Adm.
Code 254.137(a), provides as follows:
All Annual Emissions Reports are due by May I of the year following the
calendar year in which the emissions took place.
ANSWER:
Respondent admits that this paragraph of the Complaint accurately quotes the selected
section of the Board Regulations, and avers that the quoted section speaks for itself.
24.
Section 254.137(a) of the Illinois EPA's Air Pollution Regulations, 35 Ill. Adm.
Code 254.137(a), provides as follows:
All Annual Emissions Reports are due by May I of the year following the
calendar year in which the emissions took place.
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ANSWER:
Respondent admits that this paragraph of the Complaint accurately quotes the selected
section of the Board Regulations, and avers that the quoted section speaks for itself.
25.
GOLDEN BAG was required to submit AERs for the years 1999 to the present.
ANSWER:
The allegations of this paragraph of the Complaint constitute legal conclusions to which
no answer is required.
26.
GOLDEN BAG failed to submit an AER for the years 1999 through 2004.
ANSWER:
Respondent admits that it did not submit annual emissions reports for 1999 through 2002,
but denies the remaining factual allegations of this paragraph of the Complaint and demands
strict proof thereof, and further answers that the remaining allegations of this paragraph are legal
conclusions to which no answer is required. Further answering, Respondent states it took steps to
come into compliance with the Act and Board Regulations as soon as it learned of their
applicability.
27.
By failing to submit AERs for the calendar years 1999 through 2004, GOLDEN
BAG violated Sections 254.132(a) and 254.137(a) of the Illinois EPA's Air Pollution
Regulations, 35 Ill. Adm. Code 254.132(a) and 254.137(a).
ANSWER:
The allegations of this paragraph of the Complaint constitute legal conclusions to which
no answer is required.
28.
Section 203.122 of the Board's Air Pollution Regulations, 35 Il1.Adm.Code
203.122, in relevant part, defines the term "emissions unit" as:
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"any part of a stationary source which emits or has the potential to emit any air
pollutant subject to regulation under the Act or this Chapter or by the United
States Environmental Protection Agency under the Clean Air Act (42 U.S.C. 7401
et seq.)."
ANSWER:
Respondent admits that this paragraph of the Complaint accurately quotes the selected
section of the Board Regulations, and avers that the quoted section speaks for itself.
29.
Section 201.302(a) of the Board's Air Pollution Regulations, 35 Ill. Adm. Code
201.302(a), provides:
"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."
ANSWER:
Respondent admits that this paragraph of the Complaint accurately quotes the selected
section of the Board Regulations, and avers that the quoted section speaks for itself.
30.
By violating Sections 254.132(a) and 254.137(a) of the Board's Air Pollution
Regulations, 35 Ill. Adm. Code 254.132(a) and 254.137(a), GOLDEN BAG also violated Section
201.302(a) of the Board's Air Pollution Regulations, 35 Ill. Adm. Code 201.302(a).
ANSWER:
The allegations of this paragraph of the Complaint constitute legal conclusions to which
no answer is required.
31.
Furthermore, through its violations of Section 201.302(a) of the Board's Air
Pollution Regulations, and Sections 254.132(a) and 254.137(a) of the Illinois EPA's Air
Pollution Regulations, 35 Ill. Adm. Code 201.302(a), 254.132(a) and 254.137(a), GOLDEN
BAG also violated Section 9(b) of the Act, 415 ILCS 5/9(b) (2004).
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ANSWER:
The allegations of this paragraph of the Complaint constitute legal conclusions to which
no answer is required.
COUNT VII
FAILURE TO DEMONSTRATE COMPLIANCE WITH STANDARDS AND
REQUIREMENTS FOR FLEXOGRAPHIC PRINTING OPERATIONS
1 - 18. Complainant realleges and incorporates by reference herein paragraphs 1 through
18 of Count 1, as paragraphs 1 through 18 of this Count VII.
ANSWER:
Respondent adopts and restates its answers to paragraphs 1 through 18 of Count I, as its
answers to paragraphs 1 through 18 of this Count VII.
19.
Section 218.401 (a) and (c) of the Board's Air Pollution Regulations, 35 Ill. Adm.
Code 218.401 (a) and (c), in relevant part, provides as follows:
"a) No owner or operator of a subject flexographic, packaging rotogravure
or publication rotogravure printing line shall apply at any time any coating
or ink unless the VOM content does not exceed the limitation specified in
either subsection (a)(1) or (a)(2) below. Compliance with this Section
must be demonstrated through the applicable coating or ink analysis test
methods and procedures specified in Section 218.105(a) of this Part and
the recordkeeping and reporting requirements specified in Section
218.404(c) of this Part. As an alternative to compliance with this
subsection, a subject printing line may meet the requirements of
subsection (b) or (c) below.
1) Forty percent VOM by volume of the coating and ink (minus
water and any compounds which are specifically exempted from
the definition of VOM), or
2) Twenty-five percent VOM by volume of the volatile content in
the coating and ink.
*
*
*
*
c) No owner or operator of a subject flexographic, packaging rotogravure
or publication rotogravure printing line equipped with a capture system
and control device shall operate the subject printing line unless the owner
or operator meets the requirements in subsection (c)(1), (c)(2), or (c)(3)
and subsections (c)(4), (c)(5) and (c)(6) below.
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1) A carbon adsorption system is used which reduces the captured
VOM emissions by at least 90 percent by weight, or
2) An incineration system is used which reduces the captured
VOM emissions by at least 90 percent by weight, or
3) An alternative VOM emission reduction system is used which is
demonstrated to have at least a 90 percent control device
efficiency, approved by the Agency and approved by USEPA as a
SIP revision, and
4) The printing line is equipped with a capture system and control
device that provides an overall reduction in VOM emissions of at
least:
A) 75 percent where a publication rotogravure printing line
is employed, or
B) 65 percent where a packaging rotogravure printing line
is employed, or
C) 60 percent where a flexographic printing line is
employed,
ANSWER:
Respondent admits that this paragraph of the Complaint accurately quotes the selected
section of the Board Regulations, and avers that the quoted section speaks for itself.
20.
Section 211.2370 of the Board's Air Pollution Regulations, 35 Ill. Adm. Code
211.2370, defines "Flexographic printing," as:
"a roll printing technique in which the pattern to be applied is raised above
the printing roll and the image carrier is made of rubber or other
elastomeric materials."
ANSWER:
Respondent admits that this paragraph of the Complaint accurately quotes the selected
section of the Board Regulations, and avers that the quoted section speaks for itself.
21.
Section 211.2390 of the Board's Air Pollution Regulations, 35 Ill. Adm. Code
211.2390, defines "Flexographic printing line," as:
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"a printing line performing flexographic printing."
ANSWER:
Respondent admits that this paragraph of the Complaint accurately quotes the selected
section of the Board Regulations, and avers that the quoted section speaks for itself.
22.
GOLDEN BAG is the owner or operator of a "flexographic printing line, as that
term is defined in Section 211.2390 of the Board's Air Pollution Regulations, 35 Ill. Adm. Code
211.2390.
ANSWER:
The allegations of this paragraph of the Complaint constitute legal conclusions to which
no answer is required.
23.
Golden Bag is subject to the requirements of Section 218.401 (a) and (c) of the
Board's Air Pollution Regulations, 35 Ill. Adm. Code 218.401 (a) and (c).
ANSWER:
The allegations of this paragraph of the Complaint constitute legal conclusions to which
no answer is required.
24.
GOLDEN BAG has failed, and continues to fail, to demonstrate that it has
complied with the Board's Air Pollution Regulations under Section 218.401 (a) and (c), 35 Ill.
Adm. Code 218.401 (a) and (c) governing either inks and coatings or the capture and control of
VOMs generated during flexographic printing operations.
ANSWER:
Respondent denies the factual allegations of this paragraph of the Complaint and
demands strict proof thereof, and further answers that the remaining allegations of this paragraph
are legal conclusions to which no answer is required. Further answering, Respondent states that
is has taken steps to come into compliance with the Act and Board Regulations as soon as it
learned of the applicability.
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COUNT VIII
FAILURE TO COMPLY WITH THE BOARD'S REOUIREMENTS TO CERTIFY
COMPLIANCE AND TO COLLECT RECORDS
1- 19. Complainant realleges and incorporates by reference herein paragraphs 1 through
19 of Count 1, as paragraphs 1 through 19 of this Count VIII.
ANSWER:
Respondent adopts by reference and restates its answers to paragraphs 1 through 19 of
Count I, as its answers to paragraphs 1 through 19 of this Count VIII.
20.
Section 201.404 (c) and (e) of the Board's Air Pollution Regulations, 35 Ill. Adm.
Code 201.404 (c) and (e), provides as follows:
c) Any owner or operator of a printing line subject to the limitations of
Section 218.401 of this Part and complying by means of Section 218.401
(a) of this Part shall comply with the following:
1) By a date consistent with Section 218.106 of this Part, or upon
initial start-up of a new printing line, or upon changing the method
of compliance from an existing subject printing line from Section
218.401(b) or Section 218.401(c) of this Part to Section 218.401(a)
of this Part, the owner or operator of a subject printing line shall
certify to the Agency that the printing line will be in compliance
with Section 218.401(a) of this Part on and after a date consistent
with Section 218.106 of this Part, or on and after, the initial start-
up date. Such certification shall include:
A) The name and identification number of each coating and
ink as applied on each printing line.
B) The VOM content of each coating and ink as applied
each day on each printing line.
2) On and after a date consistent with Section 218.106 of this Part,
or on and after the initial start-up date, the owner or operator of a
printing line subject to the limitations of Section 218.401 of this
Part and complying by means of Section 218.401 (a) of this Part
shall collect and record all of the following information each day
for each coating line and maintain the information at the source for
a period of three years:
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A) The name and identification number of each coating and
ink as applied on each printing line.
B) The VOM content of each coating and ink as applied
each day on each printing line.
3) On and after a date consistent with Section 218.106 of this Part,
the owner or operator of a subject printing line shall notify the
Agency in the following instances:
A) Any record showing violation of Section 218.401 (a) of
this Part shall be reported by sending a copy of such record
to the Agency within 30 days following the occurrence of
the violation.
B) At least 30 calendar days before changing the method of
compliance with Section 218.401 of this Part from Section
218.401 (a) of this Part to Section 218.401(b) or (c) of this
Part, the owner or operator shall comply with all
requirements of subsection (d)(1) or (e)(1) of this Section,
respectively. Upon changing the method of compliance
with Section 218.401 of this Part from Section 218.401 (a)
of this Part to Section 218.401(b) or (c) of this Part, the
owner or operator shall comply with all requirements of
subsection (d) or (e) of this Section, respectively.
C) Any owner or operator of a printing line subject to the
limitations of Section 218.401 of this Part and complying
by means of Section 218.401(c) of this Part shall comply
with the following:
1) By a date consistent with Section 218.106 of this Part, or upon
initial start-up of a new printing line, or upon changing the method
of compliance for an existing printing line from Section 218.401
(a) or (b) of this Part to Section 218.401(c) of this Part, the owner
or operator of the subject printing line shall perform all tests and
submit to the Agency the results of all tests and calculations
necessary to demonstrate that the subject printing line will be in
compliance with Section 218.401(c) of this Part on and after a date
consistent with Section 218.106 or on and after the initial start-up
date.
2) On and after a date consistent with Section 218.106 of this Part,
or on and after the initial start-up date, the owner or operator of a
printing line subject to the limitations of Section 218.401 of this
Part and complying by means of Section 218.401(c) of this Part
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shall collect and record all of the following information each day
for each printing line and maintain the information at the facility
for a period of three years:
A) Control device monitoring data.
B) A log of operating time for the capture system, control
device, monitoring equipment and the associated printing
line.
C) A maintenance log for the capture system, control
device and monitoring equipment detailing all routine and
nonroutine maintenance performed including dates and
duration of any outages.
3) On and after a date consistent with Section 218.106 of this Part,
the owner or operator of a subject printing line shall notify the
Agency in the following instances:
A) Any record showing violation of Section 218.401(c) of
this Part, shall be reported by sending a copy of such record
to the Agency within 30 days following the occurrence of
the violation.
B) At least 30 calendar days before changing the method of
compliance with Section 218.401 of this Part from Section
218.401(c) of this Part to Section 218.401(a) or (b) of this
Part, the owner or operator shall comply with all
requirements of subsection (c)(1) or (d)(1) of this Section,
respectively. Upon changing the method of compliance
with Section 218.401 of this Part from Section 218.401(c)
of this Part to Section 218.401(a) or (b) of this Part, the
owner or operator shall comply with all requirements of
subsection (c) or (d) of this Section, respectively.
ANSWER:
Respondent admits that this paragraph of the Complaint accurately quotes the selected
section of the Board Regulations, and avers that the quoted section speaks for itself.
21.
GOLDEN BAG failed to comply with the recordkeeping and reporting
requirements specified under Section 201.404 (c) and (e) of the Board's Air Pollution
Regulations, 35 Ill. Adm. Code 201.404 (c) and (e).
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