RECE WED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JAN 30 2004
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGIAN, Attorney General
)
STATE OF ILLINOIS
o~ the State of Illinois,
)
Pollution Control
Board
Complainant,
)
PCBN0.
V
vs.
)
(Enforcement
-
Air)
CROMWELL-PHOENIX, INC.,
an Illinois Corporation,
Respondent.
NOTICE OF FILING
TO: Eric E. Boyd
Seyfarth Shaw
55 East Monroe Street, Suite 4200
Chicago, IL 60603-5803
PLEASE TAKE NOTICE that I have today filed the Complaint with
the Office of the Clerk of the Illinois Pollution Control Board, a
true and correct copy of which is attached hereto and herewith
served upon you. Pursuant to 35 Iii. Adm. Code 103.204(f), I am
required to advise you that failure to file an answer to this
Complaint within 60 days may have severe consequences. Failure to
answer will mean that all allegations in the Complaint will be
taken as if admitted for purposes of this proceeding. If you have
any questions about this procedure, you should contact the hearing
officer assigned to this proceeding, the Clerk’s Office or an
attorney.
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
of the State of Illinois
BY:
1MM
MICHAEL C.
1
ARTEE
LJ~
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, Suite 2001
Chicago, Illinois 60601
(312) 814-2069
Attorney No. 99000
RECE~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JAN 30 2004
PEOPLE OF THE STATE OF ILLINOIS,
)
STATEOFILLINOIS
by LISA MADIGAN, Attorney General
)
PollutIon Control
Board
of the State of Illinois,
Complainant,
)
PCBN0.
Li
vs.
)
(Enforcement
-
Air)
CROMWELL-PHOENIX, INC.,
an Illinois Corporation,
Respondent.
COMPLAINT
Complainant, 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,
complains of Respondent, CROMWELL-PHOENIX, INC., an Illinois
corporation, 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
ENVIRONMENTAL PROTECTION AGENCY (“Illinois EPA”), pursuant to
Section 31 of the Illinois Environmental Protection Act (“Act”)
415 ILCS 5/31 (2002)
2. The Illinois EPA is an agency of the State of Illinois
created by the Illinois General Assembly in Section 4 of the Act,
415 ILCS 5/4 (2002)
,
and charged, inter
alia,
with the duty of
enforcing the Act.
3. At all times relevant to the Complaint, CROMWELL-
PROENIX, INC. (“Cromwell”), was and is an Illinois corporation,
authorized to do business in the State of Illinois.
4. From at least 1993 until about September 2000, Cromwell
operated a facility located at 7401 South Pulaski Road, Chicago,
Cook County, Illinois (“former facility”)
5. At its former facility, Cromwell produced corrosion
inhibiting packaging materials by using two paper coating machines
to coat paper with corrosion inhibiting compounds.
6. These corrosion inhibiting compounds contained more than
0.28 kilograms per liter or 2.3 pounds per gallon volatile organic
material (“VOW’)
,
which was emitted to the environment from
Cromwell’s former facility.
7. On June 16, 1993, Cromwell’s former facility was issued
operating permit no. 88050052 by the Illinois EPA, which expired on
June 16, 1994.
8. Cromwell did not renew operating permit no. 88050052.
9. In about 2000, or a date better known to Cromwell,
Cromwell moved its operations to another facility located at 12701
South Ridgeway Avenue, Alsip, Cook County, Illinois (“current
facility”)
.
10. At its current facility, Cromwell constructed and
commenced operation of the same type of paper coating machines as
it had operated at its former facility and began to apply the same
type of corrosion inhibiting compounds containing more than 0.28
kilograms per liter or 2.3 pounds per gallon VOM as it had applied
2
at its former facility.
11. On April 27, 2001, while attempting to inspect another
business, an Illinois EPA representative discovered Cromwell’s
current facility. On the same date, the Illinois EPA
representative proceeded to inspect Cromwell’s current facility.
12. Based on the April 27, 2001 inspection, the Illinois EPA
representative determined that Cromwell did not obtain construction
and/or operating permits from the Illinois EPA for its current
facility and that Cromwell did not otherwise demonstrate compliance
with the air pollution rules and regulations at its current
facility.
13. The Illinois EPA issued to Cromwell a Violation Notice
and Notice of Intent to Pursue Legal Action, dated November 20,
2001, and March 19, 2002, ‘respectively.
14. On May 29, 2003, after receiving a Violation Notice and
Notice of Intent to Pursue Legal Action, Cromwell filed a Petition
with the Board seeking an Adjusted Standard from the VOM paper
coating requirements under 35 Ill. Adm. Code 218.204(c).
15. Cromwell’s current facility continued to operate without
a permit until September 18, 2003, when the Board granted its
Adjusted Standard request.
16. Cromwell’s former and current facilities are and were
subject to the Act and the Illinois Pollution Control Board’s
(“Board”) Air Pollution Regulations promulgated under the Act at
Title 35, Subtitle B, Chapter I of the Illinois Administrative
Code.
3
17. Section 9(a) of the Act, 415 ILCS 5/9(a) (2002),
provides as follows:
Acts prohibited. No person shall:
(a) Cause or threaten or allow the discharge or
emission of any contaminant into the environment in
any state so as to cause or tend to cause air
pollution in Illinois either alone or in
combination with contaminants from other source, or
so as to violate regulations or standards adopted
by the Board under this Act;
18. Section 201.141 of the Board’s Air Pollution
Regulations, 35 Ill. Adm. Code 201.141, provides 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, or so as to prevent the
attainment or maintenance of any applicable ambient air
quality standard.
19. Section 3.115 of the Act, 415 ILCS 5/3.115 (2002),
defines air pollution as follows:
“AIR POLLUTION” is the presence in the atmosphere of one
or more contaminants in sufficient quantities and of
such characteristics and duration as to be injurious to
human, plant, or animal life, to health, or to property,
or to unreasonably interfere with the enjoyment of life
or property.
20. Section 3.165 of the Act, 415 ILCS 5/3.165 (2002),
defines contaminant as follows:
“CONTAMINANT” is any solid, liquid, or gaseous matter,
any odor, or any form of energy, from whatever source.
21. The corrosion inhibiting compounds applied to paper at
Cromwell’s former and current facilities contain VOM and constitute
contaminants as that term is defined in Section 3.165 of the Act.
4
22. Section 3.315 of the Act, 415 ILCS 5/3.315 (2002),
defines person as follows:
“PERSON” is any individual, partnership, co-partnership,
firm, company, limited Liability company, corporation,
a-ssociation, joint stock company, trust, estate,
political subdivision, state agency, or any other legal
entity, or their legal representative, agency or
assigns.
23. Cromwell, a corporation, is a “person” as that term is
defined in Section 3.315 of the Act.
24. From at least 1993 until September 18, 2003, when the
Board granted Cromwell’s Adjusted Standard request, Cromwell
caused, threatened or allowed the emission of contaminants to the
environment from its former and current facilities so as to cause
or tend to cause air pollution in Illinois.
25. By causing or tending to cause air pollution in
Illinois, Cromwell violated Section 9(a) of the Act and Section
201.141 of the Board’s Air Pollution Regulations.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Illinois Pollution Control Board
enter an order in favor of Complainant and against Respondent,
CROMWELL-PHOENIX, INC., on this Count I:
1. Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2. Finding that Respondent violated the Act and regulations
as alleged herein;
3. Ordering Respondent to cease and desist from any further
violations of the Act and regulations;
5
4. Assessing against Respondent a civil penalty of Fifty
Thousand dollars ($50,000.00) for each violation of the Act and an
additional Ten Thousand Dollars ($10,000.00) for each day during
which the violation continued;
5. Assessing against Respondent the Complainant’s costs and
reasonable attorney’s fees pursuant to Section 42(f) of the Act,
415 ILCS 5/42(f) (2002); and
6. Granting such other relief as the Board deems
appropriate.
COUNT II
CONSTRUCTING AN AIR POLLUTION SOURCE
WITHOUT A CONSTRUCTION PERMIT
.1-16. Complainant realleges and incorporates by reference
herein paragraphs 1 through 16 of Count I as paragraphs 1 through
16 of this Count II.
17. Section 9(b) of the Act, 415 ILCS 5/9(b) (2002),
provides as follows:
Acts prohibited. No person shall:
***
(b) Construct, install, or operate any equipment,
facility, vehicle, or aircraft capable of causing
or contributing to air pollution or designed to
prevent air pollution, of any type designated by
the Board regulations, without a permit granted by
the Illinois EPA, or in violation of any
conditions imposed by such permit;
18-22. Complainant realleges and incorporates by reference
herein paragraphs 19 through 23 of Count I as paragraphs 18 through
22 of this Count II.
6
23. Section 201.142 of the Board’s Air Pollution
Regulations, 35 Ill. Adm. Code 201.142, provides:
Construction Permit Required.
No person shall cause or allow the construction of any
new emission source or any new air pollution control
equipment, or cause or allow the modification of any
existing emission source or air pollution control
equipment, without first obtaining a construction permit
from the Illinois EPA
,
except as provided in Section
201.146
24. Section 201.102 of the Board’s Air Pollution
Regulations, 35 Ill. Adm. Code 201.102, provides, in relevant part,
the following definitions:
“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
capable of emitting specified air contaminants to the
atmosphere.
“New Emission Source”: any emissions 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 emission standards or other
specific limitations
.
25. The VOM emitted from Cromwell’s current facility is a
“specified air contaminant” as that term is defined in Section
201.102 of the Board’s Air Pollution Regulations.
26. The fabrication, erection or installation of two paper
coating machines which emit VOM at Cromwell’s current facility
after April 14, 1972, constitutes “construction” of a “new emission
source” as these terms are defined in Section 201.102 of the
Board’s Air Pollution Regulations.
7
27. By constructing a new emission source at its current
facility after April 14, 1972, without first obtaining a
construction permit from the Illinois EPA, Cromwell violated
Section 9(b) of the Act and Section 201.142 of the Board’s Air
Pollution Regulations.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Illinois Pollution Control Board
enter an order in favor of Complainant and against Respondent,
CROMWELL-PHOENIX, INC., on this Count II:
1. Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2. Finding that Respondent violated the Act and regulations
as alleged herein;
3. Ordering Respondent to cease and desist from any further
violations of the Act and regulations;
4. Assessing against Respondent a civil penalty of Fifty
Thousand dollars ($50,000.00) for each violation of the Act and an
additional Ten Thousand Dollars ($10,000.00) for each day during
which the violation continued;
5. Assessing against Respondent the Complainant’s costs and
reasonable attorney’s fees pursuant to Section 42(f) of the Act,
415 ILCS 5/42 (f) (2002)
;
and
6. Granting such other relief as the Board deems
appropriate.
8
COUNT III
OPERATING AN AIR POLLUTION SOURCE
WITHOUT AN OPERATING PERMIT
1-22. Complainant realleges and.±ncorporates by reference
herein paragraphs 1 through 22 of Count II as paragraphs 1 through
22 of this Count III.
23. Section 201.143 of the Board’s Air Pollution
Regulations, 35 Ill. Adm. Code 201.143, provides, in relevant part,
as follows:
Operating Permits for New Sources.
No person shall cause or allow the operation of any new
emission source or new air pollution control equipment
of a type for which a construction permit is required by
Section 201.142 without first obtaining an operating
permit from the Illinqis EPA
,
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.
24-26. Complainant realleges and incorporates by reference
herein paragraphs 24 through 26 of Count II as paragraphs 24
through 26 of this Count III.
27. By operating new emission sources at both its former and
current facilities without an operating permit from June 16, 1994,
when operating permit no. 88050052 expired, until September 18,
2003, when the Board granted Cromwell’s Adjusted Standard request,
Cromwell violated Section 9(b) of the Act and Section 201.143 of
the Board’s Air Pollution Regulations.
9
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Illinois Pollution Control Board
enter an order in favor of Complainant and against Respondent,
CROMWELL-PHOENIX, INC., on this Count III:
1. Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2. Finding that Respondent violated the Act and regulations
as alleged herein;
3. Ordering Respondent to cease and desist from any further
violations of the Act and regulations;
4. Assessing against Respondent a civil penalty of Fifty
Thousand dollars ($50,000.00) for each violation of the Act and an
additional Ten Thousand Dollars ($10,000.00) for each day during
which the violation continued;
5. Assessing against Respondent the Complainant’s costs and
reasonable attorney’s fees pursuant to Section 42(f) of the Act,
415 ILCS 5/42(f) (2002); and
6. Granting such other relief as the Board deems
appropriate.
COUNT IV
EXCEEDING THE EMISSION LIMITATION FOR A COATING LINE
1-22. Complainant realleges and incorporates herein by
reference paragraphs 1 through 17 and 19 through 23 of Count I as
paragraphs 1 through 22 of this Count IV.
23. Section 218.103 of the Board’s Air Pollution
Regulations, 35 Ill. Adm. Code 218.103, provides, in relevant part,
10
a~ follows:
The provisions of this Part shall apply to all sources
located in the Chicago area, which is composed of Cook,
DuPage, Kane, Lake, McHenry, and Will, Counties, and Aux
Sable Township and Goose Lake Township in Grundy County,
and Oswego Township in Kendall County.
24. Section 218.204(c) of the Board’s Air Pollution
Regulations, 35 Ill. Adm. Code 218.204(c), provides, in relevant
part, as follows:
Emission Limitations.
Except as provided in Sections’ 219.205, 218.207,
218.208, 218.212, 218.215 and 218.216 of this Subpart,
no owner or operator of a coating line shall apply at
any time any coating in which the VOM content exceeds
the following emission limitations for the specified
coating. Except as provided in Section 218.204(1),
compliance with the emission limitations marked with an
asterisk in this Section is required on or after March
15, 1996
. . .
The emission limitations are as follows:
*
r
*
*
(c) Paper Coating
kg/i
lb/gal
0.28*
2.3*
25. Section 211.4470 of the Board’s Air Pollution
Regulations, 35 Ill. Adm. Code 211.4470, defines paper coating as
follows:
“Paper coating” means any protective, decorative or
functional coating applied on paper, plastic film, or
metallic foil to make certain products, including but
not limited to adhesive tapes and labels, book covers,
post cards, office copier paper, drafting paper, or
pressure sensitive tapes. For purposes of 35 Ill. Adm.
Code 218 and 219, paper coating includes coatings
applied by impregnation or saturation.
26. The coating of paper at Cromwell’s former and current
facilities with corrosion inhibiting compounds constitutes “paper
coating” as that term is defined in Section 211.4470 of the Board’s
11
Mr Pollution Regulations.
27. The VOM content of the corrosion inhibiting compounds
used on or after March 15, 1996, to coat paper. at Cromwell’s former
and current facilities exceeds’the emission limitation for paper
coating of 0.28 kilograms per liter or 2.3 pounds ‘per gallon under
Section 218.204 of the Board’s Air Pollution Regulations.
28. By exceeding the emission limitation for paper coating
at its former and current facilities from on or after March 15,
1996, until September 18, 2003, when the Board granted Cromwell’s
Adjusted Standard request, Cromwell violated Section 9(a) of the
Act and Section 218.204(c) of the Board’s Air Pollution
Regulations.
WHEREFORE, Complainant, PEOPLE OF’THE STATE OF ILLINOIS,
respectfully requests that the Illinois Pollution Control Board
enter an order in favor of Complainant and against Respondent,
CROMWELL-PHOENIX, INC., on this Count IV:
1. Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2. Finding that Respondent violated the Act and regulations
as alleged herein;
3. Ordering Respondent to cease and desist from any further
violations of the Act and regulations;
4. Assessing against Respondent a civil penalty of Fifty
Thousand dollars ($50,000.00) for each violation of the Act and an
additional Ten Thousand Dollars ($10,000.00) for each day during
which the violation continued;
12
5. Assessing against Respondent the Complainant’s costs and
reasonable attorney’s fees pursuant to Section 42(f) of the Act,
415 ILCS 5/42(f) (2002); and
6. Granting such other relief as the Board deems
appropriate.
COUNT V
FAILING TO DEMONSTRATE COMPLIANCE WITH THE EMISSION LIMITATION
FOR A COATING LINE
1-28. Complainant realleges and incorporates herein by
reference paragraphs 1 through 28 of Count IV as paragraphs 1
through 28 of this Count V.
29. Section 218.204 of the Board’s Air Pollution
Regulations, 35 Ill. Adm. Code 218.204, provides, in relevant part,
as follows:
Emission Limitations.
Compliance with this Subpart must be demonstrated
through the applicable coating analysis methods and
procedures specified in Section 218.105(a) of this Part
and the recordkeeping and reporting requirements
specified in Section 218.211(c) of the Subpart except
where noted
. .
30. Section 218.105(a) of the Board’s Air Pollution
Regulations, 35 Ill. Adm. Code 218.105(a), provides, in relevant
part, as follows:
Test Methods and Procedures.
(a) Coatings, Inks and Fountain Solutions
The following test methods and procedures shall be
used to determine compliance of as applied
coatings, inks, and fountain solutions with the
limitations set forth in this Part.
13
(1) Sampling: Samples collected for analyses shall
be one-liter taken into a one-liter container
at a location and time such that the sample
will be representative of the coating as
applied (i.e., the sample shall include any
dilution solvent or other VOM added during the
manufacturing process)
.
The container must be
tightly sealed immediately after the sample is
taken. Any solvent or other VOM added after
the sample is taken must be measured and
accounted for in the calculations in
subsection (a) (3) of this Section. For
multiple package coatings, separate samples of
each component shall be obtained. A mixed
sample shall not be obtained as it will cure
in the container. Sampling procedures shall
follow the guidelines presented in:
(A) ASTM D3925-8l (1985) standard practice
for sampling liquid paints and related
pigment coating. This practice is
incorporated by reference in Section
218.112 of this Part.
(B) ASTM E300-86 standard pradtice for
sampling industrial chemicals. This
practice is incorporated by reference in
Section 218.112 of this Part.
31. Section 218.211(c) of the Board’s Air Pollution
Regulations, 35 Ill. Adm. Code 218.211(c), provides, in relevant
part, as follows:
Recordkeeping and Reporting.
***
(c) Any owner or operator of a coating line subject to
the limitations of Section 218.204 Of this Subpart
other than Section 218.204 (a) (2) or (a) (3) of this
Subpart shall comply with the following:
(1)
. . .
upon initial start-up of a new coating
line
. . .
the owner or operator of a subject
coating line shall certify to the Illinois
EPA that the coating line will be in
compliance with section 218.204 of this
Subpart on and after a date consistent with
Section 218.106 of this Part, or on and after
the initial start-up date. Such certification
14
shall include:
(A) The name and identification number of
each coating as applied on each coating
line;
(B) The weight of VOM per volume of each
coating (minus water and any compounds
which are specifically exempted from the
definition of VOM) as applied on each
coating line;
. .
32. From on or after March 15, 1996, until September 18,
2003, when the Board granted Cromwell’s Adjusted Standard request,
Cromwell failed to demonstrate compliance through the applicable
coating analysis methods and procedures specified in Section
218.105(a) of the Board’s Air Pollution Regulations and the
recordkeeping and reporting requirements specified in Section
218.211(c) of the Board’s Air Pollution Regulations.
33. By failing to demonstrate compliance through the
applicable coating analysis methods and procedures specified in
Section 218.105(a) of the Board’s Air Pollution Regulations and the
recordkeeping and reporting requirements specified in Section
218.211(c) of the Board’s Air Pollution Regulations from on or
after March 15, 1996, until September 18, 2003, when the Board
granted Cromwell’s Adjusted Standard request, Cromwell violated
Section 218.204 of the Board’s Air Pollution Regulations.
34. By violating Section 218.204 of the Board’s Air
Pollution Regulations, Cromwell violated Section 9(a) of the Act.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Illinois ‘Pollution Control Board
enter an order in favor of Complainant and against Respondent,
15
CROMWELL-PHOENIX, INC., on this Count V:
1. Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2. Finding that Respondent violated the Act and regulations
as alleged herein;
3. Ordering Respondent to cease and desist from any further
violations of the Act and regulations;
4. Assessing against Respondent a civil penalty of Fifty
Thousand dollars ($50,000.00) for each violation of the Act and an
additional Ten Thousand Dollars ($10,000.00) for each day during
which the violation continued;
5. Assessing against Respondent the Complainant’s costs and
reasonable attorney’s fees. pursuant to Section 42(f) of the Act,
415 ILCS 5/42(f) (2002); and
6. Granting such other relief as the Board deems
appropriate.
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:
_______
ROSEMARIE CAZEAU, C ef
Assistant Attorney General
Environmental Bureau North
OF COUNSEL:
MICHAEL C. PARTEE
Assistant Attorney General
Environmental Bureau North
188 West Randolph Street, Suite 2001
Chicago, Illinois 60601
Attorney ID #99000
Tel:. (312)814-2069
16
CERTIFICATE OF SERVICE
It is hereby certified that a true and correct copy of the
Complaint was sent by certified mail with’ return receipt requested
to each of the persons listed on the Notice of Filing on January
30, 2004.
BY: __________________________________
MICHAEL C. PARTEE
It is hereby certified that the originals plus nine (9) copies
of the foregoing were hand-delivered to the following person on
January 30, 2004:
Pollution Control Board, Attn: Clerk
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
BY:
____
MICHAEL C. PARTEE
