OFFICE
OF
THE
ATTORNEY
GENERAL
STATE
OF
ILLINOIS
Lisa
Madigan
\TTORNEY
GENE
R\L
r
11
i’’.
May7,
2009
V—
)
‘
CLERK’S
OFFICE
John
T.
Therriault,
Assistant
Clerk
MAY
—
112009
Illinois
Pollution
Control
Board
STATL
OF
ILLINOIS
James
R.
Thompson
Center,
Ste.
11-500
r’OI1uton
Control
Board
100
West
Randolph
Chicago,
Illinois
60601
Re:
People
v.
Tate
and
Lyle
Dear
Clerk:
Enclosed
for
filing
please
find
the
original and
ten
copies
of
a
Notice
of
Filing,
Entry
of
Appearance
and
Complaint
in
regard
to
the
above-captioned
matter.
Please
file
the
originals
and
return
file-stamped
copies
to
me
in
the
enclosed,
self-addressed
envelope.
Thank
you
for
your
cooperation
and
consideration.
Very
truly
yours,
Step
e
J.
Janasie
Environmental
Bureau
500
South
Second
Street
Springfield,
Illinois
62706
(217)
782-9031
SJJ/pk
Enclosures
500
South
Second
Street,
Springfield,
Illinois
62706
•
(217)
782-1090
• 1TY:
(877)
844-5461
•
Fax:
(217)
782-7046
100 West
Randolph
Street,
Chicago,
Illinois
60601
• (312)
814-3000
• ITY:
(800)
964-3013
•
Fax:
(312)
814-3806
BEFORE
THE ILLINOIS
POLLU11ON
CONTROL
BOARD
PEOPLE
OF
THE STATE
OF
)
ILLINOIS,
Complainant,
vs.
)
PCBNo.
I)’
)
(Enforcement)
TATE
AND
LYLE
INGREDIENTS
)
AMERICAS,
INC.,
an Illinois
corporation,
Respondent.
)
NOTICE
OF
FILING
1
2U09
To:
Tate
and
Lyle
Ingredients
Americas,
Inc.
SThT
OF
do
CT
Corporation
System
poutiOfl
Contro
208 South
LaSalle
Street,
Suite
814
Chicago,
IL
60604
PLEASE
TAKE NOTICE
that on
this
date
I
mailed
for
filing
with
the
Clerk
of
the
Pollution
Control
Board
of
the
State
of
Illinois,
a
COMPLAINT,
a
copy
of which
is
attached
hereto
and
herewith
served
upon
you.
Failure
to
file
an
answer
to this
Complaint
within
60 days
may
have
severe
consequences. Failure
to
answer
will
mean
that all
allegations
in
this
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.
1
FURTHER,
please
take notice
that
financing
may
be
available,
through
the
Illinois
Environmental
Facilities
Financing
Act, 20
ILCS
3515/1
(2006),
to correct
the pollution
alleged
in
the
Complaint
filed
in this case.
Respectfully
submitted,
PEOPLE
OF THE
STATE
OF
ILLINOIS
LISA MADIGAN,
Attorney
General
of
the
State
of
Illinois
MATTHEWJ.
DUNN,
Chief
Environmental
Enforcement/Asbestos
Litigation
Division
BY:_____________________
Step1
J,,hasie
Assistant
Attorney General
Environmental
Bureau
500 South
Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated:
May 7,
2009
2
CERTIFICATE
OF
SERVICE
I
hereby
certify
that
I
did
on
May
7, 2009,
send
by certified
mail,
with
postage
thereon
fully
prepaid,
by
depositing
in a United
States
Post Office
Box
a
true
and
correct
copy
of
the
following
instruments
entitled
NOTICE
OF FILING,
ENTRY
OF
APPEARANCE
and
COM
PLAI
NT:
To:
Tate
and
Lyle
Ingredients
Americas,
Inc.
do
CT Corporation
System
208
South
LaSalle
Street,
Suite 814
Chicago,
IL
60604
and
the original
and
ten copies
by
First
Class
Mail with
postage
thereon
fully
prepaid
of the
same
foregoing
instrument(s):
To:
John
T.
Therriault,
Assistant
Clerk
Illinois
Pollution
Control
Board
James
R.
Thompson
Center
Suite
11-500
100 West
Randolph
Chicago,
Illinois
60601
Steh4JV(asie
AssistarT
Attorney
General
This
filing
is submitted
on recycled
paper.
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE
OF
THE
STATE
OF
)
ILLINOIS,
Complainant,
vs.
)
PCB
No.
i
)
(Enforcement)
TATE
AND
LYLE
INGREDIENTS
)
ERKS
OFFICE
AMERICAS,
INC.,
an Illinois
corporation,
)
MAY
i
i
2009
Respondent.
)
PolIutio
STATE
OF
Control
ILLINOIS
Board
ENTRY
OF APPEARANCE
On
behalf
of
the
Complainant,
PEOPLE
OF
THE
STATE
OF ILLINOIS,
STEPHEN
J.
JANASIE,
Assistant
Attorney
General
of the
State
of
Illinois,
hereby
enters
his
appearance
as
attorney
of record.
Respectfully
submitted,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
LISA
MADIGAN
Attorney
General
of
the
State
of
Illinois
MATTHEWJ.
DUNN,
Chief
Environmental
Enforcement/Asbestos
Litig,atiop
49
ion
BY:__________
Stephe.
ane
Environmental
Bureau
Assistant
Attorney
General
500
South
Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated:
May
7,
2009
BEFORE
THE ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE
OF THE STATE
OF
ILLINOIS,
)
Complainant,
)
NOjO
V.
)
PCBNO.
jJ
L
(Enforcement)
TATE AND LYLE
INGREDIENTS
AMERICAS,
)
INC,
an
Illinois corporation,
Respondent.
)
CLEI4K’S
cv
OFFICE
MAY
11
2009
COMPLAINT
STATE
OF
ILLINOIS
Pollution
Control
Boarc
NOW COMES
Complainant,
PEOPLE
OF THE
STATE OF ILLINOIS,
by
LISA
MADIGAN,
Attorney General
of the State of
Illinois, and
complains
of
Respondent,
TATE
AND
LYLE INGREDIENTS
AMERICAS,
INCORPORATED,
as follows:
COUNT
I
EMISSION
OF
CONTAMINANTS
IN VIOLATION
OF
REGULATIONS
OR
STANDARDS
1.
This Complaint
is brought by the
Attorney
General
of
the State
of
Illinois
on her
own
motion.
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 (2006),
and charged,
inter a/ia,
with
the
duty
of
enforcing
the Act
in
proceedings
before
the
Illinois Pollution
Control
Board.
3.
Respondent,
Tate &
Lyle
Ingredients
Americas,
Inc. (TLIA”) is
an
Illinois
corporation registered
with
the Secretary
of State’s Office and
is in good
standing.
Its
registered
agent is CT Corporation
System,
208 South
LaSalle
Street,
Suite
814,
Chicago,
Illinois 60604. TLIA’s
corporate
offices are located
at 2200 East
Eldorado
Street,
Decatur,
Illinois.
4.
At all times
relevant
to this
Complaint,
Respondent has
owned
and
operated
a
Corn
Wet Mill
multi-plant complex
(“the Complex”)
at
2200
East
Eldorado
Street,
Macon
County,
Decatur,
Illinois.
5.
The
Complex
is a grain
processing
facility
engaged
in the
manufacture
of
various
food
and
industrial
grade
ingredients
from
renewable
crops.
6.
One of
the plants
located
within
the
Complex
is the
Utilities
Area Plant,
also
known as
the
Co-Generation
Plant.
The
Co-Generation
Plant
is comprised
of two
buildings
containing
a
combined
total
of six
boilers. These
boilers
provide
steam,
compressed
air,
cooling
and
process
water
services
to the Complex.
7.
Emissions
sources
at the Co-Generation
Plant
include
two coal-fired
boilers;
boiler
numbers
1
and 2. Eaàh
boiler
is a source
of sulfur
dioxide
(‘S02”) emissions.
8.
On
August
12,
2003, based
upon information
contained
within
Respondent’s
Clean
Air Act
Permit Program
(CAAPP”)
permit
application,
the
Illinois EPA
issued
CAPP
permit
number
96020099
(‘CAAPP
permit”)
to Respondent
as
a
CAAPP
source.
The
CAAPP
permit
would
allow
operation
of the
Complex
as a major
source.
9.
The
CAAPP permit
contains
permit
condition
7.7.3(g),
stating
coal boiler
numbers
1 and
2 are
subject
to New
Source
Performance
Standards
(‘NSPS”)
and emissions
standards
applicable
to steam generating
boilers.
Permit
condition
7.7.3(g),
CAAPP
permit
96020099,
provides,
in pertinent
part:
g.
The affected
boilers #1
and
#2 are
subject
to
emission
limits
and
requirements
of 40
CFR
Part
60
Subparts
D and Db
and
shall
not exceed
the
following
limits:
ii.
S02: 1.2
lb!mmBtu
(Subpart
D)
10.
On
September
28,
2005, Respondent
informed
Illinois
EPA
that, during
the
period
July through
September
2005,
coal-fired boiler
operations
at boiler
numbers
1 and 2
caused
excess
802
emissions.
11.
On
November
3, 2005, the
Illinois
EPA
received
Respondent’s
third
quarter 2005
2
excess
emissions report and
compliance emission
monitor
downtime performance
report
(‘the
Third
Quarter
2005
Reports”). Respondent
submitted
the Third
Quarter 2005
Reports
for
the
period
July
through September
2005, as prescribed
by
CAAPP
permit
condition
77.10.
12.
The Third
Quarter
2005
Reports,
in
part, informed
Illinois
EPA
that
coal-fired
boiler
#1 ceased
operation
during
the
period
September
9 through
15, 2005
to
facilitate
the
replacement
of three broken primary
air nozzles
that
had
caused fuel
solids
to fuse
within
the
boiler’s combustion chamber,
resulting
in S02 emissions
in excess
of the applicable
NSPS
and
CAAPP permit
limit.
13.
The Third
Quarter
2005
Reports
also
informed llHnois
EPA that limestone
utilized
by the facility
from September
15 through
29,
2005,
as
a measure
to control
S02 emissions
during
coal-fired boiler
operations,
was
introduced
into the fuel combustion
system
wet,
causing
the
emission
of S02 in excess
of CAAPP permit
and regulatory
limits.
14.
On
November
3, 2008,
Illinois EPA
received
Respondent’s
third
quarter 2008
excess emissions
report
and compliance
emission
monitor downtime
performance
report
(“the
Third
Quarter
2008 Reports”).
Respondent
submitted the
Third
Quarter
2008
Reports
for
the
period July through
September 2008,
as prescribed
by CAAPP permit
condition
7.7.10.
15.
The
Third
Quarter
2008 Reports,
in part, informed
Illinois EPA
that, during
the
period July
3 through July
27, 2008, limestone
gravimetric feeder
R7, utilized
to convey
limestone matehal
into
boiler
#1, ceased
operation
on
numerous occasions
and introduced
limestone
into the
boiler at an inconsistent
rate. This
issue
resulted
in S02 emissions
in
excess
of
the
applicable
NSPS and CAAPP
permit
limit.
16.
In addition,
the Third
Quarter
2008 Reports
informed
Illinois
EPA
that
on
various
dates,
during the
period July through
September
2008, events
that include
process problems,
boiler load
changes, soot blowing,
and
the failure of its boiler
equipment
control process,
in
3
addition
to
undetermined
causes,
resulted
in
the emission
of
S02
in
excess
of
CAAPP
permit
and
regulatory
limits.
17.
On
February
2,
2009,
Illinois
EPA
received
Respondent’s
fourth
quarter
2008
excess
emissions
report
and compliance
emission
monitor
downtime
performance
report
(“the
Fourth
Quarter
2008
Reports”).
Respondent
submitted
the
Fourth
Quarter
2008
Reports
for
the
period
October
through
December
2008,
as prescribed
by CAAPP
permit
condition
7.7.10.
18.
The
Fourth
Quarter
2008
Reports,
in
part,
informed
Illinois
EPA
that,
during
the
period
October
through
December
2008,
friction
belts
located
on
limestone
gravimetric
feeders
utilized
to
convey
limestone material
into
boilers
#1
and
#2 ceased
operation
on numerous
occasions,
as the
result
of large
limestone
blocks
becoming
wedged
between
discharge
chutes
and
friction
belts.
Due
to
this issue,
the
limestone
gravimetric
feeders
introduced
limestone
into
each
boiler
at
an inconsistent
rate.
The
issue
resulted
in
SO2
emissions
in excess
of
the
applicable
NSPS
and
CAAPP
permit
limit.
19.
In
addition,
the
Fourth
Quarter 2008
Reports
informed
Illinois
EPA
that
on
various
dates,
during
the
period
October
through
December
2008,
events
that
include
process
problems,boiler
load
changes,
soot
blowing,
and
the
failure
of
its boiler
equipment
control
process,
in
addition
to
undetermined
causes,
resulted
in
the
emission
of
SO2
in
excess
of
CAAPP
permit
and
regulatory
limits.
20.
Another
facility
within
the
Complex
is the
Xanthan
Gum
Plant.
The
Xanthan
Gum
Plant
operations
include
batch
fermentation,
alcohol
mix
and
precipitation,
desolventization, drying,
distillation,
packaging
and
storage
operations
to
facilitate
the
manufacture
of
xanthan
gum.
21.
The
Xanthan
Gum
Plant’s
emissions
include
isopropyl
alcohol
(“IPA”)
emissions
and
volatile
organic
material
(“VOM”)
emissions
generated
during
xanthan
gum
production.
4
22.
On July
10, 2003,
the Illinois
EPA received
Respondent’s
construction
permit
application
to construct
the
Xanthan
Gum Plant
situated
within
the multi-facility
complex.
Data
contained
within
the application
documented
xanthan
gum
production
would
result
in
total
IPA
and
VOM
emissions
discharged
to the
atmosphere
of
less than
31 .5
tons per
year
(“tlyr”)
and
35
tlyr, respectively,
determined
based
upon
rolling,
12-month
average
emissions
data.
23.
On
February
25, 2004,
based
upon information
contained
within
the
construction
permit application,
the Illinois
EPA
issued
to Respondent
construction
permit 03070016
(“the
construction
permit”).
24.
The
construction
permit
contains
construction
permit
condition
6(a),
which
states
that:
a.
Total
facility
emissions
of
VOM shall
not
exceed
35 tons per
year.
Compliance
with
this limit
shall
be
determined
on
a
rolling
12 month
basis,
calculated
monthly
in
accordance
with
Condition
12.
25.
The
construction
permit
also
contains construction
permit
condition
5(a)(ii),
which
states that:
ii.
The Permittee
shall track
solvent
(isopropyl
alcohol)
inventory
and
perform
mass
balance
calculations
sufficient
to verify
whether losses
to
the
atmosphere
are
less
than
31.5
tons on
a 12-month
rolling basis
(see
Condition
6(a).)
26.
On March
6, 2006,
the Illinois
EPA received
from Respondent
a
letter
notifying
the
Illinois EPA
of the
emission
of VOM
in excess
of the limits
set
forth in
construction
permit
condition 6(a),
as well
as
the
emission
of
IPA
in
excess
of
construction
permit
condition
5(a)(ii).
27.
On
March
6, 2006,
Respondent
informed
the
Illinois EPA
that based
upon
an
internal
audit, Respondent
determined
material
balance
calculations
utilized
to
calculate
IPA
losses discharged
to
the
environment
incorrectly
determined
IPA and VOM
emissions.
Revised
mass
balance
calculations
based
upon 12-month,
rolling
average
data
for the periods
December
2004
through
November
2005, January
2005 through
December
2005, and
February
5
2005
through
January
2006
revealed
IPA and
VOM
emissions
totaled
43.41
tlyr,
41.96
tlyr,
and
40.06
t/yr,
respectively.
28.
Section
9 of
the
Act,
415
ILCS
5/9
(2006),
provides,
in
pertinent
part:
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;
**
*
29.
Section
201.141
of the
Board’s
Air Pollution
Regulations,
35 III.
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.
30.
Section
3.06
of the
Act,
415
ILCS
5/3.06
(2006),
defines
“contaminant”
as
follows:
-
“CONTAMINANT”
is any
solid,
liquid,
or
gaseous
matter,
any
odor,
or
any
form
of
energy,
from
whatever
source.
31.
During
the
period
July
through
September
2005,
Respondent’s
coal-fired
boiler
operations
at
the
Co-Generation
Plant
resulted
in
the emission
of
S02
in excess
of
the
regulatory standard
specified
in
40 CFR
Part
60,
Subparts
D and
DB,
in violation
of
Section
9(a)
of the
Act,
415
ILCS
5/9(a)
(2006)
and
35
Ill.
Adm.
Code
Section
201.141.
32.
During
the period
July
through
September
2008,
Respondent’s
coal-fired
boiler
operations
at
the
Co-Generation
Plant
resulted
in
the
emission
of
S02
in excess
of the
regulatory
standard
specified
in 40
CFR
Part
60,
Subparts
D
and
DB,
in violation
of
Section
9(a)
6
of
the
Act, 415
ILCS
5/9(a)
(2006)
and 35111.
Adm.
Code
Section
201.141.
33.
During
the
period
October
through
December
2008,
Respondent’s
coal-fired
boiler
operations
at
the
Co-Generation
Plant
resulted
in
the emission
of S02
in excess
of
the
regulatory standard
specified
in
40 CFR
Part
60,
Subparts
D
and
DB,
in
violation
of
Section
9(a)
of the
Act, 415
ILCS
5/9(a)
(2006)
and
35111.
Adm.
Code
Section
201.141.
34.
During
the
period
beginning
approximately
December
2004
through
at
least
March
2006,
TLIA’s
xanthan gum
production
operations
at
the Xanthan
Gum
Plant
resulted
in
the
emission
of
IPA
and
VOM
in excess
of construction
permit
conditions
6(a)
and
5(a)(ii)
in
violation
of
Section
9(a)
of
the
Act,
415
ILCS
5/9(a)
(2006)
and
35 Ill.
Adm.
Code
Section
201.
141.
PRAYER
FOR
RELIEF
WHEREFORE,
Complainant,
People
of
The
State
of
Illinois,
respectfully
requests
that
this
Board
enter
an order
against
the
Respondent,
TATE
AND
LYLE
INGREDIENTS
AMERICAS, INCORPORATED:
A.
Authorizing
a
hearing
in
this matter
at which
time
the
Respondent
will
be
required
to
answer
the
allegations
herein;
B.
Finding
that
the Respondent
has
violated
the Act
and
regulations
as
alleged
herein;
C.
Ordering
Respondent
to
cease
and
desist
from
any further
violations
of the
Act
and
associated regulations;
D.
Pursuant
to
Section
42(a)
of the
Act,
415
ILCS
5/42(a)
(2006),
impose
upon
the
Respondent
a
civil
penalty
of
not
more
than
the statutory
maximum;
E.
Pursuant
to
Section
42(f)
of
the
Act,
415
ILCS
5/42(f)
(2006),
award
the
Complainant its costs
in
this matter,
including
reasonable
attorney’s
fees
and
costs;
and
7
F.
Grant
such
other
and
further
relief
as
the Board
deems
appropriate.
COUNT
II
CLEAN
AIR ACT
PERMIT
PROGRAM
PERMIT
VIOLATIONS
1.
Complainant
repeats
and
realleges
paragraphs
1 through
27
of
Count
I as
paragraphs
1 through
27 of
Count
II.
28.
Respondent’s
excess
emission
report
for
the period
of
July
through
September
2005
states
that
S02
emissions
generated
during the
operation
of
coal-fired
boilers
#1 and
#2
exceeded
1.2 lb/mmBtu.
29.
Respondent’s
excess
emission
report
for
the period
of
July
through
September
2008
states
that
S02
emissions
generated
during
the
operation
of
coal-fired
boilers
#1 and
#2
exceeded
1.2
lb/mmBtu.
30.
Respondent’s
excess
emission
report for
the period
of
October
through
December
2008
states
that
S02
emissions
generated
during
the
operation
of
coal-fired
boilers
#1
and #2exceeded
1.2
lb/mmBtu.
31.
Based
upon
emissions
data
received
from
Respondent
on
March
6,
2006,
Respondent’s
IPA
and
VOM
emissions
from
approximately
December
2004
through
at
least
March
2006
exceed
the limits
set
by construction
permit
conditions
5(a)(ii)
and
6(a).
32.
Section
39.5
of the
Act,
415 ILCS
5/39.5
(2006),
provides,
in pertinent
part:
6.
Prohibitions.
a.
It
shall
be
unlawful
for
any person
to
violate
any
terms
or conditions
of a
permit
issued
under
this
Section,
to
operate
any
CAAPP
source
except
in
compliance
with
a permit
issued
by the
Agency
under
this
Section
or
to
violate
any
other
applicable
requirements.
All terms
and
conditions
of a permit
issued
under this
Section
are
enforceable
by
USEPA
and
citizens
under
the Clean
Air
Act,
except
those,
if
any,
that are
specifically
designated
as
not
being federally
8
enforceable
in
the permit
pursuant
to paragraph
7(m)
of
this
Section.
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.
33.
Section
39.5 of
the Act,
415
ILCS
5/39.5
(2006),
provides,
in pertinent
part:
6.
Definitions.
*
*
*
“CAAPP”
means
the Clean
Air Act
Permit
Program,
developed
pursuant
to Title
V
of
the
Clean Air Act.
*
*
*
“CAAPP
Permit”
or
“permit”
(unless
the
context suggests
otherwise)
means
any
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.
*
*
*
“Major
source”
means
a source
for which
emissions
of
one
or
more air
pollutants
meet
the
criteria for
major status
pursuant
to paragraph
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
that
are
under
common
control of the
same person
(or persons
under
common
control)
and
that
belongs
to a single
major
industrial
grouping.
For
the
purposes
of defining
“source,”
a stationary
source
or group
of stationary
sources
shall be
considered
part of
a single
major industrial
grouping
if all
of the
pollutant
emitting
activities
at
such source
or group
of sources
located on
contiguous
or adjacent
properties
and
under
common
control belong
to
the same
Major
Group (i.e.,
all have
the
same
two-digit
code)
as
described
in
the
Standard
Industrial
Classification
Manual,
1987,
or
such pollutant
emitting
activities
at a
stationary
source
(or
group
of stationary
sources)
located
on
contiguous
or
adjacent
properties
and
9
under
common
control
constitute
a
support
facility.
The
determination
as
to
whether
any
group
of stationary
sources
are
located
on contiguous
or
adjacent
properties,
and/or
are under
common
control,
and/or
whether
the
pollutant
emitting
activities
at such
group of
stationary
sources
constitute
a
support
facility
shall
be made
on
a
case
by case
basis.
“Stationary
source”
means
any
building,
structure,
facility,
or installation
that
emits
or may
emit
any
regulated
air
pollutant
or
any pollutant
listed
under
Section
112(b)
of
the Clean
Air
Act.
*
*
*
34.
Respondent
caused
or allowed
the
emission
of
S02 in
excess
of
the
1.2
Ib/mmBtu
NSPS
emission
standard
so
as to
cause
air
pollution
in
violation
of
CAAPP
permit
condition
7.7.3(g),
as well
as
Section
39.5(6)(a)
of
the
Act,
415
ILCS
39.5(6)(a)
(2006).
35.
Respondent
caused
or allowed
the excess
emission
of IPA
for the
period
beginning
approximately
December
2004 through
at least
March
2006,
resulting
in
the
exceedance
of
VOM
emission
limits
prescribed
by
construction
permit
conditions
5(a)(ii)
and
6(a).
In doing
so,
Respondent
operated
a
CAAPP
source
without
first
submitting
a
revised
permit
application
accurately
setting
forth
VOM
emissions
discharged
by the
facility
in
violation
of
Section
39.5(6)(a)
of the Act,
415
ILCS 39.5(6)(a)
(2006).
36.
Due
to IPA
and VOM
emissions
in
excess
of
limits
set
by
construction
permit
conditions
5(a)(ii)
and 6(a),
Respondent
operates
a
facility
without
the
requisite
CAAPP
permit
for
the
entire
source,
in violation
of
Section
39.5(6)(b)
of
the
Act, 415
ILCS
5/39.5(6)(b)
(2006).
PRAYER
FOR
RELIEF
WHEREFORE,
Complainant,
People
of
The
State
of
Illinois,
respectfully
requests
that
this
Board
enter
an
order
against
the Respondent,
TATE
AND LYLE
INGREDIENTS
AMERICAS,
INCORPORATED:
A.
Authorizing
a hearing
in this
matter
at which
time
the
Respondent
will
be
required
to
answer
the
allegations
herein;
10
B.
Finding that
the
Respondent
has
violated
the Act
and
regulations
as
alleged
herein;
C.
Ordering
Respondent
to
cease and
desist
from any
further violations
of the
Act
and
associated
regulations;
D.
Pursuant
to Section
42(a)
of
the
Act,
415
ILCS
5/42(a)
(2006),
impose
upon
the
Respondent
a
civil penalty
of not more
than
the statutory
maximum;
E.
Pursuant
to Section
42(f)
of
the
Act,
415
ILCS 5/42(f)
(2006), award
the
Complainant
its costs
in this
matter,
including
reasonable
attorney’s
fees
and
costs;
and
F.
Grant
such
other
and
further relief
as the Board
deems
appropriate.
COUNT
III
VIOLATION
OF NEW SOURCE
PERFORMANCE
STANDARDS
1.
Complainant
repeats and
realleges
paragraphs
1 through
19 of Count
I as
paragraphs
I
through
19
of Count
Ill.
20.
Respondent’s
excess emission
report
for
the period
of
July
through
September
2005
states that
SO2 emissions
generated
during
the operation
of coal-fired
boilers
#1
and
#2
exceeded
1.2 lb/mmBtu.
21.
Respondent’s
excess
emission
report
for
the period
of
July
through
September
2008 states
that S02
emissions
generated
during
the operation
of
coal-fired
boilers
#1 and
#2
exceeded
1.2
lb/mmBtu.
22.
Respondent’s
excess
emission
report
for the period
of October
through
December
2008
states that
S02
emissions
generated
during the
operation
of coal-fired
boilers
#1
and
#2 exceeded
1.2
lb/mmBtu.
23.
Section
9.1
of the Act,
415 ILCS
5/9.1
(2004),
provides,
in pertinent
part:
(d)
No person
shall:
11
(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
(2) construct,
install,
modify
or
operate
any
equipment,
building,
facility,
source
or
installation
which
is subject
to regulation
under
Sections
111,
112,
165
or
173
of the
Clean
Air
Act,
as
now
or hereafter
amended,
except
in compliance
with
the
requirements
of
such
Sections
and
federal
regulations
adopted
pursuant
thereto,
and
no such
action
shall be
undertaken
without
a
permit
granted
by
the
Agency
or
in
violation
of
any
conditions
imposed
by such
permit.
Any
denial
of
such
a permit
or
any
conditions
imposed
in such
a
permit
shall
be
reviewable
by
the Board
in
accordance with
Section
40 of
this Act.
24.
Section
60.43
of
the
Code
of
Federal
Regulations,
40 CFR
60.43,
provides,
in
pertinent
part:
(a)
On and
after
the date
on
which
the performance
test
required
to
be
conducted
by
§
60.8
is
completed,
no
owner
or operator
subject
to the
provisions
of
this
subpart
shall
cause
to
be
discharged
into
the
atmosphere
from
any
affected
facility
any
gases
which
contain
sulfur
dioxide
in excess
of:
(2)
520 nanograms
per
joule heat
input
(1.2 lb
per million
Btu)
derived
from
solid
fossil
fuel or
solid
fossil
fuel
and wood
residue,
except
as
provided
in
paragraph
(e)
of
this section.
25.
TLIA
caused
or
allowed
the
emission
of S02
in excess
of
the
applicable
New
Source
Performance
Standard,
Section
60.43(a)(2)
of
the Code
of
Federal
Regulations,
40
CFR
60.43(a)(2), and therefore
in
violation
of
Section
9.1(d)
of the
Act, 415
ILCS
5/9.1(d)
(2006).
PRAYER
FOR
RELIEF
WHEREFORE,
Complainant, People
of
The
State
of
Illinois,
respectfully
requests
that
this
Board
enter
an
order
against
the Respondent,
TATE
AND
LYLE
INGREDIENTS
AMERICAS,
INCORPORATED:
A.
Authorizing
a
hearing
in
this matter
at
which
time
the
Respondent
will be
12
required to answer
the
allegations
herein;
B.
Finding
that
the
Respondent
has
violated
the
Act
and
regulations
as
alleged
herein;
C.
Ordering
Respondent
to
cease
and
desist
from
any
further violations
of
the
Act
and
associated
regulations;
D.
Pursuant
to
Section
42(a)
of
the
Act,
415
ILCS
5/42(a)
(2006),
impose
upon
the
Respondent
a
civil
penalty of not
more
than
the
statutory
maximum;
E.
Pursuant
to
Section
42(f)
of
the
Act,
415
ILCS
5/42(f)
(2006),
award
the
Complainant
its
costs
in this
matter,
including
reasonable
attorney’s
fees
and
costs;
and
F.
Grant
such
other
and
further
relief
as
the
Board
deems
appropriate.
COUNT
IV
CONSTRUCTION
PERMIT
VIOLATIONS
1.
Complainant
repeats
and
realleges
paragraphs
I
through
6
and
20
through
27
of
Count
I
of
this
Complaint,
as
paragraphs
1 through.
14 of
Count
IV.
15.
Section
9
of
the
Act,
415
ILCS
5/9
(2006),
provides, in
pertinent part:
No
person shall:
b.
Construct,
install,
or
operate
any
equipment,
facility,
vehicle, vessel,
or
aircraft
capable
of
causing
of
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
**
*
16.
Based
upon
emissions
data
Illinois
EPA
received
from
Respondent
on
March
6,
2006,
IPA
and
VOM
emissions
generated
by
TLIA
beginning
approximately
December
2004
13
through
at
least
March
2006
exceed
the
limits
set
by
construction
permit
conditions
5(a)(ii)
and
6(a),
respectively,
in
violation
of
Section
9(b)
of the
Act,
415
ILCS
5/9(b) (2006).
PRAYER
FOR
RELIEF
WHEREFORE,
Complainant,
People
of
The
State of Illinois,
respectfully
requests
that
this
Board
enter
an
order
against
the
Respondent,
TATE
AND
LYLE
INGREDIENTS
AMERICAS,
INCORPORATED:
A.
Authorizing
a
hearing
in
this
matter
at which
time
the
Respondent
will
be
required
to
answer
the
allegations
herein;
B.
Finding
that
the
Respondent
has
violated
the
Act
and
regulations
as alleged
herein;
C.
Ordering
Respondent
to
cease
and
desist
from
any
further
violations
of
the
Act
and
associated
regulations;
D.
Pursuant
to
Section
42(a)
of
the
Act,
415
ILCS
5/42(a)
(2006),
impose
upon
the
Respondent
a
civil
penalty
of
not
more
than
the
statutory maximum;
E.
Pursuant
to
Section
42(f)
of
the
Act,
415
ILCS
5/42(f)
(2006),
award
the
Complainant
its
costs
in
this
matter, including
reasonable
attorney’s
fees
and
costs;
and
F.
Grant
such
other
and
further
relief
as
the
Board
deems
appropriate.
COUNT
V
VIOLATION
OF
PSD
REQUIREMENTS
1
Complainant
repeats
and
realleges paragraphs
1 through
6
and
20
through
27
of
Count
I
of
this
Complaint,
as
paragraphs
1
through
14
of
Count
V.
15.
Information
and
emissions
data
contained
within
Respondent’s
construction
14
permit
application,
dated
July
7,
2003,
states
that
construction
of the
Xanthan
Gum
Plant
would
not result
in
a
significant
increase
in
VOM
emissions
and,
therefore,
the
project
is
not subject
to
Prevention
of
Significant
Deterioration
(“PSD”)
requirements.
16.
The
application
also
indicated
the
multi-facility
complex
was
a
major
source
for
VOM
emissions
prior
to the
submission
of
the
permit
application
to construct the Xanthan
Gum
Plant.
17.
Section
165
of
the Clean
Air
Act,
42 USCS
7475(a)
(1997)
states
in
pertinent
part:
(a)
Major
emitting
facilities
on
which
construction
is commenced
No
major
emitting
facility
on
which
construction
is
commenced
after
August
7,
1977,
may
be
constructed
in any
area
to which
this
part
applies
unless-
1)
a
permit
has
been
issued
for
such
proposed
facility
in
accordance
with
this
part setting
forth
emission
limitation
for
such
facility
which
conform
to
the requirements
of
this
part;
*
*
*
4)
the
proposed
facility
is
subject
to
the
best
available
control
technology
for
each
pollutant
subject
to regulation
under
this
chapter
emitted
from,
or
which
results
from,
such
facility;
*
**
18.
Section
52.21
of
Title
40
of
the
Code
of
Federal
Regulations,
40
CFR
52.21
(1995),
provides
in
pertinent
part:
Prevention
of
significant
deterioration
of
air
quality.
15
*
**
(2)
Applicability
procedures.
*
**
(ii)
The
requirements
of
paragraphs
(j)
through
®)
of this
section
apply
to
the
construction
of
any
new
major
stationary
source
or the
major
modification
of
any
existing
major
stationary
source,
except
as
this
section
otherwise
provides.
(iii)
No
new
major
stationary
source
or
major
modification
to
which
the
requirements
of
paragraphs
(j)
through
(r)(5)
of
this
section
apply shall
begin
actual
construction
without
a
permit
that
states
that
the
major
stationary
source
or
major
modification
will
meet
those
requirements.
The
Administrator
has
authority
to
issue
any
such permit.
**
*
(b)
Definitions.
For
the
purposes
of
this
Section:
(1)(l)
Major
stationary
source
means:
(a)
Any
of
the
following
stationary
sources
of
air
pollutants
which
emits, or
has
the
potential
to
emit,
100
tons
per
year
or
more
of
any
regulated
NSR
pollutant.
.
.fossil-fuel
boilers
(or
combinations
thereof)
totaling
more
than
250
million
British
thermal
units
per
hour
heat
input.
*
*
*
(ii)
A major
source
that
is major
for
volatile
organic
compounds
or
NO
shall
be
considered
major
for
ozone.
*
*
*
(2)(l)
Major
modification
means
any
physical
change
in
or
change
in
the
method
of
operation
of a
major
stationary
source
that
would
result
16
in: a
significant
emissions
increase
(as
defined in
paragraph
(b)(40)
of
this
section)
of
a
regulated
NSR
pollutant
(as
defined
in
paragraph
(b)(50)
of
this
section);
and
a
significant
net
emissions
increase
of
that
pollutant
from
the
major
stationary
source.
*
*
*
(23)(I)
Significant
means,
in reference
to
a
net
emissions
increase
or
the
potential
of
a
source
to
emit
any
of
the
following
pollutants,
a
rate
of
emissions
that
would
equal
or exceed
any
of
the
following
rates:
Pollutant
and
Emissions
Rate
***
Ozone:
40
tpy
of volatile
organic
compounds
or
nitrogen
oxides
***
(j)
Control
Technology
Review.
(1)
A
major
stationary
source
or major
modification
shall
meet
each
applicable
emissions
limitation
under
the
State
Implementation
Plan
and
each
applicable
emissions
standard
and
standard
of
performance
under
40
CFR
Parts
60 and
61.
*
**
(3)
A
major
modification
shall
apply
best
available
control
technology
for
each
regulated
NSR
pollutant
for
which
it would
result
in
a
significant
net
emissions
increase
at the
source.
This
requirement
applies
to
each
proposed
emissions
unit
at which
a
net
emissions
increase
in the
pollutant
would
occur
as
a result
of
a
physical
change
or
change
in the
method
of
operation
in
the
unit.
***
19.
Respondent’s
Complex
is
a
major
stationary
source
located
in an
attainment
17
area
for
ozone.
20.
Respondent’s
revised
mass
balance
calculations
for
the
periods December
2004
through
November
2005, January
2005
through
December
2005,
and
February
2005
through
January 2006
revealed
IPA
and
VOM
emissions
at
the
Xanthan
Gum
Plant
totaled
43.41
tlyr,
41.96
tfyr,
and
40.06
t/yr,
respectively.
21.
Respondent’s
construction
of
the
Xanthan
Gum
Plant
resulted
in a
significant
net
increase
in
VOM
emissions
in
excess
of
40
tlyr.
As
a
result,
Respondent’s
construction
of
the
Xanthan
Gum
Plant
constitutes
a
major
modification
of
a
major
stationary
source
subject
to
Prevention
of
Significant
Deterioration
(“PSD”)
requirements.
22.
Respondent
failed
to conduct
the
requisite
best
available
control
technology
(“BACT”)
analysis,
consisting
of
a
control
technology
review
to
facilitate
calculation
of
an
emission
limitation
which
is
determined
to
be
BACT.
Respondent
failed
to
acquire
the
requisite
Prevention
of
Significant
Deterioration
(PSD”)
construction
permit
setting
forth
the
BACT
limitation
prior
to
constructing
the
facility,
and
thereafter
failed
to implement
BACT,
in
violation
of
Section(s)
165(a)(1)
and
(4)
of
the
Clean
Air
Act,
42
USCS
7475(a)(1)
and
(4)
(1997),
as
well
as
Section(s)
52.21(a)(2)(ii)
and
(iii),
as
well
as
(j)(1)
and
(3)
of
Title
40
of
the
Code
of
Federal
Regulations,
40
CFR
52.21(a)(2)(ii)
and
(iii),
(j)(1)
and
(3)
(1995).
PRAYER
FOR RELIEF
WHEREFORE,
Complainant,
People
of
The
State
of
Illinois,
respectfully
requests
that
this
Board
enter
an
order
against
the
Respondent,
TATE
AND
LYLE
INGREDIENTS
AMERICAS, INCORPORATED:
A.
Authorizing
a hearing
in
this
matter
at which
time
the
Respondent
will
be
required
to
answer
the
allegations
herein;
18
B.
Finding
that
the
Respondent
has
violated
the
Act
and
regulations
as
alleged
herein;
C.
Ordering
Respondent
to
cease
and
desist
from
any
further
violations
of
the
Act
and
associated regulations;
D.
Pursuant
to
Section
42(a)
of
the
Act,
415
ILCS
5/42(a)
(2006),
impose
upon
the
Respondent
a
civil
penalty
of not
more
than
the
statutory
maximum;
E.
Pursuant
to
Section
42(f)
of the
Act,
415
ILCS
5/42(f)
(2006),
award
the
Complainant
its
costs
in
this
matter,
including
reasonable
attorney’s
fees
and
costs;
and
F.
Grant
such
other
and
fUrther
relief
as
the Board
deems
appropriate.
19
Respectfully
submitted,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
LISA
MADIGAN,
Attorney
General
of the
State
of Illinois
MATTHEWJ.
DUNN,
Chief
Environmental Enforcement/Asbestos
Litigation
Division
BY:__________________
THOMAS
DAVIS,
Chief
Environmental
Bureau
Assistant
Attorney
General
Of
Counsel:
Stephen
J.
Janasie
Assistant
Attorney General
500
South
Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated:
May
7,
2009
20