)
)
PCBO5-
)
(Enforcement
—
Air)
)
)
)
)
)
)
STATE OF ILLINOIS
Pollution Control Board
NOTICE OF FILING
TO:
See Attached Service List
PLEASE TAKE NOTICE that we have today filed with .the Illinois Pollution Control
Board a Complaint, a true and correct copy ofwhich is attached and herewith served upon you.
Failure to file an
answer to this complaint within 60 days may have severe consequences.
Failure to
answerwill mean that all allegations in the complaint will be taken as if admitted for
purposes ofthis proceeding.
Ifyou have any questions
about this procedure, you should contact
the hearing officer assigned to
this proceeding, the Clerk’s Office or an attorney.
Financing to correct the violations alleged may be available through the Illinois
Environmental Facilities Financing Act, 20 ILCS
3515/1
et
seq.
Respectfully submitted,
LISA MADIGAN, Attorney General
‘REBECCA A. BURLINGHAM
Senior Assistant Attorney General
Environmental Bureau
188 W.
Randolph St., 20th Fl.
Chicago, Illinois
60601
(312) 814-3776
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
NOV
16
2004
v.
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
ofthe State ofIllinois,
Complainant,
WIENMAR, INC.,
an Illinois
corporation, dlb/a MARBLE WORKS,
Respondent.
ofthe
DATE: November
16, 2004
THIS
FILING IS SUBMITTED ON RECYCLED PAPER
SERVICE LIST
Thomas J. Wienckowski, President
Wienmar, Inc.
225 Southwick
Schaumburg, IL 60173
BEFORE THE ILLINOIS POLLUTION CONTROL BOAB~E~’S
o~cP
NOV162
PEOPLE OF THE STATE OF ILLINOIS,
)
by LISA MADIGAN, Attorney General
)
p~èi1TE
OF ILLii~O,S
ofthe State ofIllinois,
)
U
IOn
Control i~oard
)
Complainant,
)
PCB 05-
)
v.
)
(Enforcement
-~
Air)
)
WIENMAR, INC., an Illinois
)
corporation, dlb/a MARBLE WORKS,
)
)
Respondent.
)
COMPLAINT
Complainant, PEOPLE OF THE STATE
OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State ofIllinois, complains ofRespondent, WIENMAR, INC.,
an Illinois
corporation, dlb/a MARBLE WORKS, as follows:
COUNT I
OPERATING A MAJOR STATIONARY SOURCE
WITHOUT A CAAPP PERMIT
1.
This Complaint is brought on behalfof the PEOPLE OF
THE STATE OF
ILLINOIS, by LISA MADIGAN, Attorney General ofthe State ofIllinois, on her own motion
and at the request ofthe illinois Environmental Protection Agency (“illinois EPA”) pursuant to
Section
31 ofthe Illinois Environmental Protection Act, 415 ILCS
5/31
(2004)(”Act”).
2.
The. Illinois EPA is an administrative agency ofthe State ofillinois, created by
Section 4 of the Act, 415 ILCS
5/4 (2004), and is charged,
inter alia,
with the duty ofenforcing
the Act.
1
3.
At all times relevant to this
Complaint, Respondent Wienmar, Inc. (“Wienmar”)
was and is an Illinois corporation in good standing.
4.
From
approximately February 2002, or a date better known to Wienmar, through
the date offiling ofthis Complaint, Wienmar has owned and/or operated a facility located at
1601
LaFox, South Elgin, Kane County, Illinois, where it manufactures molded resin products
such as sinks, counter tops and tubs (“facility”).
Wienmar operates the facilityunder the
assumed name of Marble Works.
In February 2002, Wienmar moved its operations from
Sundown Road, South Elgin, to
the current location at 1601
La Fox, South Elgin.
5.
Operations at the facility consist ofmarble casting, gelcoat spray lay-up, resin
storage arid miscellaneous cleaning and mold preparation.
Emission units at the facility include a
gelcoat spray booth, the marble casting operation and resin storage tanks.
6.
Volatile organic material (“VOM”) is emitted from the gelcoat spray and marble
casting operations.
Since at least February 2002, or a date better known to Wienmar, and
continuing through the date offiling ofthis Complaint, Wienmarhas discharged or emitted
VOM from the facility into the environment.
7.
Section 3.165 ofthe Act, 415 ILCS
5/3.165
(2004), contains the following
definition:
“CONTAMINANT” is any solid, liquid, gaseousmatter, any
odor, or any form ofenergy, from whatever source.
8.
VOM is a contaminant, as that term is defined in Section
3.165
ofthe Act, 415
ILCS
5/3.165
(2004).
9.
Section 201.102 ofthe illinois Pollution Control Board (“Board”) Air Pollution
2
Regulations, 35 Ill. Adm.
Code 201.102, contains the following definitions:
“Emission
Source”:
any
equipment
or
facility of
a
type
capable
of
emitting
specified
air
contaminants
to
the
atmosphere.
“New
Emission
Source”:
any
emission
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.
10.
Wienmar’s gelcoat spray and marble casting operations describedherein emit, or
are capable of emitting,
VOM, a specified air contaminant, to the atmosphere.
11.
Tn February 2002, or a date better known to Wienmar, Wienmar installed the
gelcoat spray booth and the marble casting equipment at the facility.
12.
The equipment described in paragraph 11,
above, constitutes new emission
sources, as that term is defined in Section 201.102 ofthe Board Air Pollution Regulations, 35
Ill.
Adm. Code 201.102.
13.
Section
3.115 ofthe Act,
415
ILCS
5/3.115 (2004), contains the following
definition:
“AIR POLLUTION” is the presence in the atmosphere ofone
or more contaminants in
sufficient
quantities and
of such
characteristics and durationas to be injuriousto human, plant,
or animal life, to
health,
or to
property,
or to
unreasonably
interferewith the enjoyment oflife or property.
14.
Because Wienmar’s gelcoat and marble casting operations emit, or are capable of
emitting,
VOM to the atmosphere, they are capable of causing or contributing to air pollution.
15.
When Wienmar moved its operations in February 2002 from Sundown Road in
3
South
Elgin to
its current facilityon La Fox in South Elgin, the facilityhad the potential to
emit
more than 25 tons per year ofVOM, and emitted greater than 10 tons per year ofstyrene.
16.
Section 112(d) ofthe Clean Air Act (“CAA”), 42 USC 73 12(d), titled,
Emissions
Standards,
provides in pertinent part as follows:
1.
The Administrator shall promulgate regulations
establishing emission standards for each category or
subcategory ofmajor sources and area sources of
hazardous air pollutants listed forregulation.
17.
Pursuant to Section 112(b) ofthe CAA, 42 USC 7412(b), the Administrator ofthe~
USEPA listed styrene as a hazardous air pollutant (“HAP”).
18.
Section 3.3 15
ofthe Act, 415 ILCS
5/3.3
15
(2004), provides the following
definition:
“PERSON”
is
any
individual,
partnership,
co-partnership,
firm,
company, limited
liability company, corporation,
association,
joint
stock company,trust, estate, political subdivision, stateagency, orany
other legal entity, or their legal representative, agent or assigns.
19.
Wienmar is a “person” as that term is defined in Section 3.3 15 ofthe Act, 415
ILCS
5/3.315
(2004).
..
.
20.
Section
39.5(6)(b)
ofthe Act, 415 ILCS
5/39.5(6)(b)(2004),
provides as follows:
6.
Prohibition
*
*
S
*
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 thecomplete CAAPP
permit or renewal application for such source
has been timely submitted to the Agency.
4
21.
Section 39.5(1) ofthe Act, 415 ILCS
5/39.5
(2004)(l), provides the following
definitions:
“CAAPP”
means
the
Clean
Air
Act
Permit
Program
developed pursuant to Title V ofthe Clean Air Act.
“CAAPP
permit”.
.
.means
any
permit
issued,
renewed,
amended, modified orrevisedpursuant to Title V ofthe Clean
Air Act.
“Source”
means
any
stationary
source
(or
any
group
of
stationary sources that are located on one ormore contiguous
or adjacent properties, and are under common control ofthe
same person orpersonsunder common control) belonging to
a single major industrial grouping.
“Owner or operator”
means
any
person who
owns,
leases,
operates, controls, or supervises a stationary source.
“Stationarysource”means any building, structure, facility, or
installation that emits ormayemit any regulated airpollutant
“Regulated Air Pollutant” means the following:
(1)
Nitrogen
oxides
(NOx)
or
any
volatile
organic
compound.
*
S
*
*
(5)
Any
pollutant
subject
to
a
standard
promulgated
under Section
112 or other requirements established
under
Section
112
of the
Clean Air Act,
including
Sections 112(g), (j) and (r).
22.
Section
39.5(2)
ofthe Act, 415 ILCS
5139.5(2)(2004),
provides in pertinent part, as
follows:
a.
Sources subject to this Section shall include:
1.
Any major source as defined in paragraph
c)
ofthis subsection.
5
*
*
*
*
.
c.
Forpurposes ofthis Section the term “major source”
means any source that is:
*
*
*
*
i.
Amajor source under Section
112 ofthe Clean
Air Act, which is defined as:
A.
For
pollutants
other
than
radionuclides, any stationary source or
group
of
stationary
sources
located
within
a
contiguous
area and
.
under
common control that emits or has the
potential
to
emit, in the aggregate,
10
tons
per
year
(tpy)
or more
of any
hazardous airpollutantwhich hasbeen
listed
pursuant
to
Section
112(b) of
the Clean Air Act...
*
*
*
iii.
A major stationary source as definedin part D
of Title I ofthe Clean Air Act including:
A.
For
ozone
nonattainment
areas,
sourceswith the potential to emit
100
tons
or
more
per
year
of
volatile
organic
compounds
or
oxides
of
nitrogen
in
areas
classified
as
“marginal” or..
.
to
emit 25
tons
or
more
per
year
in
areas
classified
as
severe..
23.
The Illinois EPARules pertainingto the Clean Air Act Permit Program Procedures,
35111. Adm.
Code Part 270
et seq.,
became effective on March 7,
1995.
24.
Section 270.107 ofthe Illinois EPA Rules, 35
Iii. Adrn. Code 270.107, provides as
follows:
This
Part
applies
to
the
owner or operator of any
source
6
required to have an operating permitpursuant to Section
39.5
ofthe Act.
S
25.
Section 270.301(b)ofthe illinois EPARules, 35111. Adm. Code 270.301(b),provides
as follows:
S
THE
OWNER
OR
OPERATOR
OF
A
NEW
CAAPP
SOURCE
SHALL
SUBMIT
ITS
COMPLETE
CAAPP
APPLICATION CONSISTENT WITH Section
39.5(5)
ofthe
Act.
S
26.
Section
39.5(5)(x)
ofthe Act, 415 ILCS
5/39.5(5)(x)(2004),
provides as follows:
The owner or operator ofa new CAAPP source shall submit
its
complete
CAAPP
application
consistent
with
this
subsectionwithin 12 months aftercommencing operations of
such source.
27.
The equipment described in paragraph
5
ofCount I ofthis Complaint emits or
may emit VOM and styrene, each a “regulated air pollutant”, as defined by Section
3
9.5(1)
ofthe
Act,
415 ILCS
5/39.5(1)(2004).
28.
Since February 2002, the exact datebeing better known to Wienmar, and
continuing through the date offiling of this Complaint, the facility has emitted or may emit a
regulated pollutant.
Therefore, the facility is a stationary source, as that term is
defined in
Section
39.5(1)
ofthe Act, 415 ILCS
5/39.5(1)(2004).
S
29.
Wienmar operates a stationary source and is an owner or operator, as that term is
defined in Section
39.5(1) ofthe Act, 415 ILCS
5/39.5(1)(2004).
30.
The facility is located in a severe non-attainment area for ozone.
31.
The facility,is a major stationary source, as that term is defined in Section
39.5(2)(c)(i)(A)
and (iii)(A) ofthe Act, 415 ILCS
5/39.5(2)(c)(i)(A) and (iii)(A)(2004).
Therefore, the Clean Air Act Permit Program, set forth in. Section
39.5
ofthe Act,’415 ILCS
7
S
5/39.5
et seq.
(2004), and
35
Ill.
Adm. Code 270.107, the corresponding Part 270 Illinois EPA
Rules,
35 Iii. Adm.
Code 270
et seq.,
pursuant to the Section 270.107 ofthe Illinois
EPA Rules,
35 ill. Adm.
Code, 270.107,
are applicable to the facility.
32.
Section 270.105 ofthe illinois EPA Rules, 35 Ill.
Adm. Code 270.105, contains
the following definition:
“New CAAPP Source” means a CAAPP source that is not an
existing CAAPP source.
33.
The facility is a new CAAPP source, as that term is defined in Section 270.105 of
the Illinois EPA Rules, 35
Ill. Adm. Code 270.105.
34.
As a manufacturer ofmolded resin products, the facility’s SIC code is 3281.
Wienmar began operating its marble. casting, gelcoat spray lay-up operations, resin storage tanks
and cleaning operations at the facilityin February 2002, the exact date better known to Wienmar.
As a CAAPP source, Wienmar was required to
submit a CAAPP permit application to the
Illinois EPA by February 2003.
Wienmar failed to submit its
CAAPP permit
application to
the
Illinois EPA by February 2003.
35.
On March 3, 2003, Wienmar submitted a CASAPP permit application for air
emission sources located at the facility.
36.
Because this application was untimely, the facility did not receive a “shield” from
the requirement to operate under a CAAPP permit during the Illinois EPA’s review of the
application.
Accordingly, from at leastFebruary 2003
through the date offiling ofthis
Complaint, Wienmar has operated a CAAPP source without first timely submitting a complete
CAAPP permit application and obtaining a CAAPP permit, pursuant to Section 39.5(6)(b) ofthe
8
~Act,415
ILCS
5/39.5(6)(b)(2004),
and Section 270.301(b), 35 Ill.
Adm. Code 270.301(b).
37.
By not timely submitting a complete CAAPP permit prior to operating a facility
that is regulated by theprovisions ofthe CAAPP and by subsequently operating a facilitywithout
the requisite CAAPP permit, Wienmar violated Section
39.5(6)(b)
oftheAct, 415 ILCS
5/39.5(6)(b)(2004),
and Section 270.30 1(b), 35 Ill. Adm.
Code 270.301(b).
WHEREFORE,
Complainant, PEOPLE
OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against Respondent, WJENMAR, INC.:
1.
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein;
S
2.
Finding that Respondent has violated Section
39.5(6)(b)
ofthe Act and 35
Ill.
Adm.
Code 270.301(b);
3.
Ordering the Respondent to cease and desist from any further violations of
Section
39.5(6)(b)
ofthe Act
and 35
Ill.
Adm. Code 270.301(b);
4.
Assessing a civil penalty of$50,000.00 against Respondent for each violation of
the Act
and pertinent Board regulations, with an additional penalty of $10,000.00 per day for
each day that the violations continued;
5.
Taxing all
costs in this action, including expert witness, consultant and attorneys
fees, against Respondent; and
6.
Granting such other relief as the Board deems appropriate and just.
9
COUNT II
S
FAILURE TO COMPLY WITH NEW SOURCE
REVIEW
REQUIREMENTS
1-19.
Complainant realleges and incorporates by reference herein paragraphs
1
through
19 ofCount I as paragraphs
1
through 19 ofthis Countil.
20.
Section 9(a) ofthe Act, 415 JLCS 5/9(a)(2004), provides as follows:
No person shall:
a.
Cause orthreaten or allow the discharge or emission ofany 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.
‘S
21.
Section 203.201 ofthe Board Air Pollution Regulations,
35 Ill.
Adm. Code
203 .201, provides, in pertinent part, as follows:
Prohibition
In any nonattainment area, no person shall,cause orallow the
construction
of
a
new
major
stationary
source
or
major
modification that is major forthepollutant forwhich‘thearea
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 VOM
or nitrogen oxides.
Revisions to this Part’
S
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
.
.
.
November
15,
1992
for
‘
nitrogen oxides and VOM
for sources located in all
ozone
nonattainment
areas.
22.
Kane
County is located in a severe nonattairiment area for ozone.’
23.
Section 203.112 ofthe Board Air Pollution Regulations, 35
ill. Adm. Code
10
203.112, provides, in pertinent part, the following defmition:
Building, Structure and Facility
Theterms “building”, “structure”, and “facility”include all of
•
the
pollutant-emitting activities
which
belong to
the same
industrial grouping, are located on one ormore contiguous or
adjacent properties,
and
are under the
control of the same
person
(or
persons
under
common
control).
Pollutant-
emitting
activities
shall be
considered
as part
of the same
“Major Group” (Le., which have the same two-digit code) as
described in
the Standard Industrial Classification Manual,
1972, as amended bythe 1977 Supplement (U.S. Government
Printing
Office
stock
numbers
4101-0066
and
003-005-
00176-0,
respectively) incorporated by
reference in
35
Ill.
Adm.
Code 720.111.
24.
.
Section 203.136 ofthe Board Air Pollution Regulations, 35
ill. Adm.
Code
203.136, provides the following definition:
Stationary Source
.
“Stationary Source” means any building, structure, facility or
installation which emits or may emit any air pollutant subject
to regulation under
the
Act
or this
Chapter or by USEPA
under the Clean Air Act (42 U.S.C.
7401
et seq.).
25.
The facility is a “facility” and a “stationary source”,
as those terms are defined in
Sections 203.112 and 203.136, respectively, ofthe Board Air Pollution Regulations.
26.
Section 203.206 ofthe Board Air Pollution Regulations, 35
111. Adm.
Code
203 .206, provides the following definition:
Major Stationary Source
(a)
For purposes ofthis Part, the term “major stationary
source” shall
exclusively mean “building,
structure
and facility,”,
as those
terms are defined in
Seôtion
203.113 ofthis Part.
11
(b)
The following constitute a major stationary source:
(1)
For an area designated as nonattainment for
ozone, a majorstationary source is a stationary
source which emits orhas the potential to emit
volatile organic material in an amount equalto
or greater than the following:
*
*
*
(C)
25
tons per
year in
an area classified
•
as severe nonattainment for ozone.
27.
On March
14, 2001, the Illinois EPA issued to.Marble Works, the assumed name
ofWienmar, Joint Construction and Lifetime Operating Permit number 00120001
authorizing
the construction and operation ofa marble casting operation, gelcoat spray lay-up operation, resin
storage tank, and miscellaneous cleaning and mold prep operations at the 1601
La Fox, South
Elgin, facility.
.
28.
At the time ofWienmar’s February 2002 move to the La Fox facility, the facility
constituted a “major stationary source” under Section 203 .206 ofthe Board Air Pollution
Regulations because it had the potential to
emit 25 tons per year ormore ofVOM and was
located in a severe nonattainment area for ozone.
29.
Although Wienmar obtained a construction permit from the Illinois EPA for the
equipment at the La Fox location, the permit
did not address compliance with 35111. Adm.
Code
Part 203.
30.
‘
By constructing a.major stationary source in February 2003, or a date better
known to Wienmar, without demonstrating compliance with 35
111.
Adm. Code Part 203,
Wienmar violated Section 203.201 ofthe Board AirPollution Regulations, 35 ill.
Adm. Code
12
203 .201,
and Section 9(a) ofthe Act, 415 ILCS
5/9(a)(2004).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against Respondent, WIENMAR, INC.:
1.
Authorizing a hearing in this matterat which time the Respondent will be required
to
answer the allegations herein;
2.
Finding that Respondent has violated
Section 9(a) ofthe Act and 35 Ill. Adm.
Code 203 .201;
3.
Ordering the Respondent to
cease and desist from any further violations of
Section 9(a) ofthe Act and 35 Ill.
Adm.
Code 203.201;
4.
Assessing a civil penaltyof $50,000.00 against Respondent for each violation of
the Act and pertinent Board regulations, with,an additional penalty of$10,000.00 per day for
each day that the violations continued;
5.
Taxing all costs in this action,
including expert witness, consultant and attorneys
fees, against’.Respondent; and
6.
Granting such other relief as the Board deems appropriate and just.
COUNT III
FAILURE TO SEEK MACT DETERMINATION
1-33.
Complainant realleges and incorporates
by reference herein paragraphs
1 through
33 of Count las paragraphs
1
through 33 of this Count Ill
S
34.
Section 9.1(d)(1) ofthe Act, 415 ILCS
5/9.l(d)(l)(2004),
provides as follows:
No person shall:
13
(1)
Violate any provisions ofSections 111,
112,
165,
173 ofthe Clean Air
Act, as now or hereafter amended, or federal regulations adopted pursuant
thereto.
35.
Section
1 12(g)(2)(B) ofthe Clean Air Act, 42 USC 7412(g)(2)(B)(2004), provides
as follows:
S
S
After the effective date of a permit program under title V in
any State, no person may construct or reconstruct any major
source ofhazardous air pollutants, unless the Administrator
(or
the
State)
determines
that
the
maximum
achievable
control technology emission limitation under this section for
new sources will be met.
Such determiiaation shall be made
on
a
case-by-case
basis
where
no
‘
applicable
emission
limitations have been established by the Administrator.
36.
.
At the time Wienmar constructed and began operating the facility on La Fox in
South Elgin in February 2002, it was a major source ofHAPs.
Although Wienmar obtained a
construction permit for the facility, it did not seek a determination from the illinois EPA relative.
to maximum achievable control technology (MACT).
37.
Wienmar, by its actions and omissions as alleged herein, violated Section
9.1(d)(1) ofthe Act, 415 ILCS 5/9.1(d)(l)(2004),
and 42 USC 7412(g)(2)(B).
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against Respondent, WIENMAR, INC.:
1.
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein;
S
2.
Finding that Respondent has violated
Section 9.1(d)(l) ofthe Act and 42 USC
74l2(g)(2)(B);
3.
Ordering the Respondent to cease and desist from any further violations of
14
Section 9.1(d)(1) ofthe Act and 42 USC 74l2(g)(2)(B);
4.
Assessing a civil penaltyof $50,000.00 against Respondent for each violation of
the Act, with an additional penalty of$10,000.00 per day for each day that the violations
continued;
5.
Taxing all costs in this action, including expert witness, consultant and attorneys
fees, against Respondent;
and
6.
Granting such other relief as the Board deems appropriate and just.
COUNT IV
FAILURE TO COMPLY WITH EMISSION
REDUCTION
MARKET SYSTEM REQUIREMENTS
1-42.
Complainant realleges and incorporates by reference herein paragraphs
1
through
34 of Count I and paragraph 20 and paragraphs 22 through 28
ofCount II as paragraphs
1
through 42 ofthis Count
N.
43.
‘Section 9.8(b) ofthe Act,
415
ILCS
5/9.8(b)
(2004), provides as follows:
Emissions reduction market system.
*
*
*
b.
The Agency shalldesign. an emissions market system thatwill
assist the
State in meeting applicable post-1996
provisions
under
the
Clean
Air
Act
Amendments
of
1990,
provide
maximum
flexibility
for
designated
sources
that
reduce
emissions,
and
that
takes into
account
the
findings of the
national
ozone
transport
assessment,
existing
air
quality
conditions,
and
resultant
emissions
levels
necessary
to
achieve or maintain attainment.
44.
Section 205.3 10 ofthe Board AirPollution Regulations, 35 Ill. Adm.
Code
15
205.3 10, provides, in pertinent part, as follows:
ERMS Applications
a)
The owner or operator of each participating source or new
participating source
shall submit to
the Agency
an
ERMS
application in accordance with the following schedule:
*
*
‘
*
3)
For
a
new
participating
source
or
for
a
major
modification
on any source existing prior to May
1,
1999, that is
subject to
35 Ill. Adm.
Code 203 based
on VOM emissions, at the time a construction permit
application
is
submitted
or
due
for
the
source
or
modification, whichever come first.
45.
Section 205.130 ofthe Board Air Pollution Regulations, 35 Ill.
Adm.
Code
215.130, provides, in pertinent part, the following definitions:.
“New participating source” means a source not operating prior to May 1,
1999, located in the Chicago ozone nonattainment area, that is, required to
obtain a CAAPP permit and has or will have seasonal emissions ofat least
10 tons ofVOM.
“Chicago ozone nonattainment area” means the area composed ofCook,
DuPage, Kane,
Lake, McHenry, and Will Counties and Aux Sable
Township and Goose Lake Township in Grundy County and Oswego
Township in Kendall County.
46.
Part 205 of35 Ill. Adm.
Code, titled “Emissions Reduction Market System”,
became effective on November 27,
1997.
47.
In addition, the facility is in a severe ozone nonattainment area and was required
to obtain a CAAPP permit, as alleged in Count I, above.
48.
Therefore, the facility was a newparticipating source subject to the requirements
defined in Sections 205 .200
and 205.3 10 ofthe Board Air Pollution Regulations.
16
49.
As a major source,
Wienmar was required to submit an Emissions Reduction.
Market System (“ERMS”) baseline application to
the Illinois EPA by December
1, 2000,
the date
on which Wienmar submitted its’ application for construction permit number 00120001, issued
on March
14, 2001.
50.
However, Wienmar did not submit an ERMS baseline application to
the Illinois
EPA until March 3, 2004, when Wienmar submitted its CAAPP permit application to
the Illinois
EPA.
51.
Wienmar, by its actions and omissions as alleged herein, violated Section
205.3 10(a)(3) ofthe Board Air Pollution Regulations,
35 Ill. Adm.
Code 205.3 10(a)(3).
52.
By violating Section 205.3 l0(a)(3) of35 Ill. Adm.
Code, Wienmar also violated
Section 9.8(b) ofthe Act, 415
ILCS
5/9.8(b)(2004).
53.
Plaintiff is without an adequate remedy at law.
Plaintiffwill be irreparably
injured and violations ofthe pertinent environmental statutes and regulations will continue unless
and until this court grants equitable relief in the form ofpreliminary and, aftertrial, permanent’
injunctive relief.
S
WHEREFORE, Complainant, PEOPLE OF THE STATE
OF ILLINOIS, respectfully
requests that the Board, enter an order against Respondent, WIIENMAR, INC.:
1.
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein;
‘
‘
2.
Finding that Respondent has violated
Section 9.8(b) ofthe Act and
and 35 ill.
Adm.
Code 205.3 lO(a)(3);
3.
Ordering the Respondent to cease and
desist from any further violations of
17
Section 9.8(b) ofthe Act
and
and 35
Ill. Adm.
Code 205.3 10(a)(3);
4.
Assessing a civil penalty of$50,000.00 against Respondent for eachviolation of
the Act and pertinent Board regulations, with an additional penaltyof$10,000.00 per day for
each day that the violations continued;
S
5.
Taxing all costs in this action,
including expert witness, consultant and attorneys
fees, against Respondent; and
6.
Granting such Other relief as the Board deems appropriate and just.
COUNTY
VIOLATION OF CONSTRUCTION/OPERATING
PERMIT
CONDITIONS
AND
REGULATORY REQUIREMENTS
1-29.
Complainant realleges and incorporates by reference herein paragraphs
1
through
28 ofCount I, and paragraph 27 ofCount II, as paragraphs
1
through 29 of this Count V.
30.
Section
9(b) ofthe Act, 415 ILCS 5/9(b)(2004), provides as follows:
No person shall:
S
*
*
*
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 grantedby
the Agency, orin violationofany conditions imposed by such
permit.
31.
Condition
3 of Joint Construction and Lifetime Operating Permit number
001200011, issued to Marble Works, the assumed name ofWienmar, provides in pertinent part
18
as follows:
Emissions of volatile organic material (VOM) and operation ofthe marble casting
and gelcoat operation shall not exceed the following limits:
Usage’
VOM/Styrene VOM/Styrene Emissions
Material
(Tons/Mo)
(Tons/Yr)
Content
(Tons/Mo)’
(Tons/Yr)
Gelcoat
1.85
18.5
50
0.60
5.98
Resin
4.78
478
3 1.4
‘
0.30
3.00
Total:
0.90
8.98
These limits
define the potential emission ofVOM and are based on maximum
material usage, maximum VOM content,
AP-42 Standard Emission Factors, and
USEPA CFA emission factors.
Compliancewith annual limits shall be determined
on a monthly basis from the sum of the data forthe current month plus the preceding
11
months.
32.
Wienmar violated the
1.85 tons per month gelcoat usage limit each month in
2002.
The exceedances ranged from 2.51
tons in March and in November through 3.83 tons in
October.
33.
Wienmarviolated the 4.78 tons per month resin usage limit each month in 2002.
The exceedances ranged from 8.94 tons in June through 53.11
tons in November.
34.
Wienmar exceeded its monthly gelcoat VOM emission limit of0.6 tons in
January, April, May, June and August through and including December 2002.
The exceedances
ranged from
0.65
tons
in January through 0.87 tons in October.
35.
Wienmar exceeded its monthly resin VOM emission limit of0.3
tons
each month
in 2002, except June.
The exceedances ranged from 0.37 tons in December through
0.95
tons in
August.
36.
Wienmar emitted 8.35 tons gelcoatVOM emissions in 2002, in excess of the 5.98
tons per year limit.
Wienmar emitted 6.05 tons resin VOM emissions
in 2002, in excess ofthe
19
3.00 tons per year limit.
37.
From January through and including November 2003, Wienmarviolated the
1.85
tons per month gelcoat usage limit.
The exceedances ranged from 2.27 tons in July through 3.88
tons in June.
38.
‘
Wienmar exceeded its monthly resin usage limit of 4.78 tons each month from
January through September 2003.
The exceedances ranged from 30.82 tons in April through
52.52
tons in May.
39.
Wienmar exceeded its monthly gelcoat VOM emission limit of 0.6 tons in
January, February, March, May, June, August and
September 2003.
The exceedances ranged
from 0.61
tons in January through 0.86 in September.
40.
Wienmar. exceeded its monthly resin VOM emission limit of0.3 tons each month
in 2003.
The exceedances ranged from 0.42 tons in July through
0.65
tons in May.
L
41.
Wienmar emitted 7.78 tons gelcoat VOM emissions
in 2003, in excess of the 5.98
tons per year limit.
Wienmar emitted 7.83 tons resin VOM emissions in 2003,
in excess ofthe
3.00 tons per year limit.
42.
Tn 2002 and 2003, Wienmar violated the monthly and annual,usage, and monthly
and annual emission limitations
as set forth in its permit, as alleged in paragraphs
32 through 41,
above.
‘
43.
Wienmar, by its actions as alleged herein, violated Condition 3 ofJoint
Construction and Lifetime Operating Permit number 001200011.
44.
Condition
7 ofJoint Construction and Lifetime Operating Permit number
001200011 provides
as follows:
20
‘
The emissions ofHazardous Air Pollutants (HAP) as listed in
Section
112(b) of the Clean Air Act
shall be
less
than
10
‘tons/year
of
any
single
HAP
and
25
‘tons/year
of
any
combination ofsuchHAPs.
As a result ofthis condition, this
permit is issued based on the emission ofall HAPs from this
source not triggering the requirements to obtain a Clean Air
Act Permit Program Permit (CAAPP), and Section 112(g) of
the Clean Air Act.
45.
In 2002,
the
facility’s
HAP
emissions
were
12.17
tons.
The
facility’s
styrene
emissions in 2003 were
11.17 tons.
46.
Wierimar, by its actions as alleged herein, violated Condition
7 ofJoint
Construction and Lifetime OperatingPermit number 001200011.
47.
Section 2 18.301 of the Board Air Pollution Regulations, 35 Ill. Adm.
Code
2 18.301, provides as follows:
S
No person shall cause orallow thedischarge ofmore than 3.6
kg/hr (8 lbs/hr) oforganic material into the atmosphere from
any emission unit,
except as provided in Sections 218.302,
2 18.303, 218.304 ofthis Part and the following exception: If
no
odor nuisance exists
the limitation of this
Subpart shall
apply only to photochemicallyreactive material.
48.
Section 211.1950 ofthe Board Air Pollution Regulations, 35
Ill. Adm.
Code
211.1950, contains the following definition:
“Emission
unit”
means any part or activity
at a
stationary
source that emits orhasthe potential to emit any air pollutant.
49.
The gelcoat spraybooth and the marble casting operation at the facility are
“emission units”, as that term is defined in 35 Ill. Adm. Code 211.1950.
50.
Condition
10 ofJoint Construction and Lifetime Operating Permit number
00120001 provides as follows:
21
This permit is issued based upon the volatile organic
material (VOM) emissions from the above referenced
emission units being subject to
35 Ill. Adm. Code 2 18.301.
Therefore, emission ofVOM from any single emission unit
shall not exceed 8 lb/hr.
Ifno odor nuisance exists this
limitation shall apply only to photochemically reactive
materials.
51.
The facility mayhave emitted more than
8 pounds per hour ofVOM from its
operations when using an atomized gelcoat.
Wienmar has failed to demonstrate to the Illinois
EPA that its emissions in 2002 and 2003 did not violate the
8 pounds per hour rule.
52.
Wienmar, by its actions and omissions as alleged herein, violated ConditiOn
10 of
Joint Construction and Lifetime Operating Permit number 001200011
and 35 Ill. Adm. Code
218.301.
53.
Condition 20(b) ofJoint Construction and Lifetime Operating Permit number
00120001 provides
as follows:
The
Permittee
shall
make
the
above
determinations
as
follows:
i.
Annual
.Usage:
Compute
the weight of each
(i.e., raw polyester styrene resin,
gelcoat, solvent, etc.) used
eachmonthby the l5~”
ofthe followingmonth.
By the
15th
of
each month, add the latest monthly material usage used for
the month to the monthly usage for the
11
previous months
(to obtain the annual usage ofeach material)
ii.
Annual Emissions: compute the emission of
each
material
(i.e.,
raw
polyester
styrene
resin,
gelcoat,
solvent,
etc.) used each month by the
1
5th
of the following
month.
By the
1 ~
of each month,
add the latest
monthly
material
emissions for the month to
the emission ofthe
11
previous
months
(to
obtain
the
annual
emission
of each
material).
iii..
Themonthly determinationofcompliance, for
the month of record,
shall be
performed by the
1
5th
of the
following month.
By the
15th
ofeach month, add the latest
calculated
monthly
emissions
and
material
usages
for the
22
month
of record to
the
calculated
emissions
and
material’
usages of all
the
11
previous
months
(to
obtain the
annual
emissions ofeach material).
54.
From March 2001 through January 2004, Wienmar failed to compute monthly and
annual emissions and usages by the
15th
ofeachmonth, as required by its permit.
55.
Wienmar, by its actions and omissions as alleged herein, violated Condition 20(b)
of Joint Construction and Lifetime Operating Permit number 001200011.
56.
Section 218.672(a)(l) ofthe Board Air Pollution Regulations, 35 Ill. Adm.
Code
218.672(a)(l), provides in pertinent part as follows:
Any owner or operator ofa polyester resin products
S
manufacturingprocesswhich is subjectto therequirements of
this Subpart shall comply with the following:
S
(1)
By
a
date
consistent
with
Section
218.106
of this
Part,
or
upon
initial
start-up
of a
process subject to this Subpart, the owner or operator
of the subject process shall certify to the Agency that
the
process
will
be
in
compliance
with
Section
218.666(a)
of
this
Subpart
on
and
after
a
date
consistent with Section 218.106 ofthis part, oron and
after
the
initial
start-up
date
as
demonstrated
by
testing in
accordance with
Section 218.668
of this
Subpart.
57.
Condition
13 of Joint Construction and Lifetime Operating Permit number
00120001 provides in pertinent part as follows:
Pursuant to
35
111.
Adm.
Code Section
218.672,, the
owneroroperatorofa polyesterresin products manufacturing
process shall upon initial start-up of a process subject to this
Subpart certify to the illinois EPA that the process will be in
compliance with Section 218.666(a).
58.
The facility’s operations are subject to the requirements of35 Ill.
Adm. Code 218,
23
Subpart CC.
Wienmar was required to certify to’the Illinois EPA that the facility’s operationswere
in compliancewith Subpart CC upon start-up atthe LaFox locationin February 2002.
Wienmardid
not submit the required certification until February 18, 2004.
59.
Wienmar, by its actions and omissions as alleged herein, violated Condition
1,3 of
Joint Construction and Lifetime
Operating Permit number 001200011
and 35
111. Adm.
Code
218.672(a)(l).
60.
Section 218.672(a)(4)(A) ofthe Board Air Pollution Regulations,
35 Ill.
Adm.
Code 218.672(a)(4)(A), provides as follows:
On and aftera date consistent with Section 218.106 of
this
Part,
the owner
or operator of a
subject process
shall
notify the Agency:
(A)
Of
any
violation
of
the
operating
requirements ofthis Subpart by sending a copy ofsuch record
to the Agency within 30’days followingthe occurrence ofthe
violation; and
61.
Condition
16(a) ofJoint
Construction and Lifetime Operating Permit number
00120001 provides
as follows:
Pursuant to
35
Ill.
Adm.
Code
Section
2 18.672,
on
and after the initial start-up date, the owner or operator of a
subjectprocess shall notify the Illinois EPA:
a.
Of ‘any
violation
of
the
‘
operating
requirementsofthis Subpartby sending a copy ofsuchrecord
to the Illinois
EPAwithin 30 days following the occurrence
ofthe violation;
and
‘
62.
Wienmar failed to notify the Illinois EPA ofWienmar’s failure to timely certify
the facility’s compliance status with Subpart CC.
‘.
63.
Wienmar, by its actions and omissions as alleged herein, violated Condition
16(a)
ofJoint Construction and Lifetime Operating Permit number 001200011
and 35111. Adm. Code
24
218 .672(a)(4)(A).
64.
Condition 22 of Joint Construction and Lifetime Operating Permit number
00120001
provides as follows:
Ifthere
is
an exceedance of the requirements ofthis
permit as determined by the records required by this~permit,
the
Permittee
shall
submit
a
report
to
the
Illinois
EPA’s
Compliance Section’ in
Springfield,
Illinois
within 30
days
afterthe exceedance.
The report shall include the emissions
released in accordance with the recordkeeping requirements,
a
copy
of the
relevant records,
and
a
description
of the
exceedance or violation and efforts to reduce emissions
and
future occurrences.
65.
As alleged in paragraphs 32 through 63 ofthis Count V, in 2002 and 2003
Wienmar violated numerous conditions of its permit.
Moreover, Wienmar failed to
report its
permit exceedances and violations to
the Illinois EPA within 30 days after the violation.
66.
Wienmar, by its actions and omissions as alleged herein, violated Condition 22 of
Joint
Construction and
Lifetime Operating Permit number 001200011.
67.
As a person who, from at least March 14, 2001
through the date offiling ofthis
Complaint, operated a gelcoat spray and marble casting equipment at the La Fox facility, which
equipment is capable ofcausing or contributing to air pollution, in violation ofconditions
imposed by the facility’s construction and operating permit,
Wienmar violated Section 9(b) of the
Act, 415
ILCS
5/9(b)(2004).
‘
‘
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against Respondent, WIENMAR, INC.:
1.
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein;
25
2,.
Finding that theRespondent has violated Section
9(b) ofthe Act, Conditions 3,
7,
10,
20(b),
13, 16(a)
and 22 ofJoint Constructionand Lifetime Operating Permit number
001200011, and
35 Ill.
Adm.
Code 218.301,
218.672(a)(1)and2l8.672(a)(4)(A);
3.
Ordering the Respondent to cease and desist from any further violations of
Section 9(b) ofthe Act, Conditions
3, 7,
10, 20(b),
13,
16(a) and 22 ofJoint Construction and
Lifetime Operating Permit number 001200011, and 35 Ill. Adm.
Code 218.301, 218.672(a)(1)
and 218.672(a)(4)(A);
4.
Assessing against the Respondent a civil penalty ofFifty Thousand Dollars
($50,000.00) for each and everyviolation ofthe Act and pertinent regulations, and an additional
civil penalty of TenThousand Dollars ($10,000.00) for each day ofcontinued
violation;
5.
Ordering the Respondent
to
pay all costs, including attorney, expert witness and
consultant fees
expended by the State in its pursuit ofthis action; and
6.
‘
Granting such other relief as the Board deems appropriate and just.
S
S
COUNTVI
FAILURE TO TIMELY SUBMIT
ANNUAL
EMISSIONS REPORTS
1-42.
Plaintiff realleges
and incorporates by
reference herein paragraphs
1
through 31 of
Count I, paragraphs 20 through 28 ofCount II, and paragraphs 48 and 49 of Count V as
paragraphs
1
through 42
ofthis
Count VI.
S
43.
Section 201.302(a) ofthe Board Air Pollution Regulations, 35 Ill. Adm. Code
201.302(a), provides as follows:
The owner or operator ofany emission unit or air pollution
26
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 ofall specified air contaminant emissions;
provided,
however,
that
the
Agency
may
require
more
frequent reports where necessary to accomplish the purpose
ofthe Act and this Chapter.
44.’
Section 254.132 ofthe Board AirPollution Regulations, 35
111. Adm.
Code
254.132, provides in pertinent part as follows:
S
Failure to File a Complete Report
a)
Failure to filea complete Annual Emissions Reportby
the
~pplicable
deadlines
prescribed
in
Section
254.137(a) ofthis Subpart shall be a violation ofthis
Part and 35
Ill. Adm.
Code 201.302(a).
45.
Section 254.137(a) ofthe Board AirPollution Regulations,
35
Ill.
Adm.
Code
254.137(a), provides as follows:
Reporting Schedule
a)
All Annual Emissions Reports aredue by May 1 ofthe
year
following
the
calendar
year
in
which
the
emissions took place.
46.
The Annual Emissions Report for calendaryear 2001
for.Wienmar’s Sundown
Road facility was due on orbefore May 1, 2002.
Wienmar did not
submit the report to the
illinois EPA until February
18, 2004.
47.
The Annual Emissions Report for calendaryear 2002’for Wienmar’s La Fox
facility was due on orbefore May 1,
2003.
Wienmar failed to
submit an Annual Emissions
Report that accurately reflected its emissions in 2002 until February 18, 2004.
48.
By failing to timely submit Annual Emissions Reports forboth sources for the
27
years 2001
arid 2002, Wienmar
violated Sections 201.302(a), 254.132(a)
and 254.137(a) ofthe
Board
Air Pollution Regulations, 35 Ill.
Adm.
Code 201.302(a), 254.132(a) and 254.137(a).
49.
By violating regulations or standards adopted by the Board under the Act,,
Wienmar also violated Section 9(a) ofthe Act, 415 ILCS
5/9(a)(2004).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against Respondent, WIENMAR, INC.:
1.
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein;
2.
Finding that the Respondent has violated Section 9(a) ofthe Act and 35111. Adm.
Code 201.302(a), 254.132(a) and 254.137(a);
3.
Ordering the Respondent to cease and desist from any further violations of
Section 9(a) ofthe Act and 35 Ill. Adm. Code 201.302(a), 254.132(a) and 254.137(a);
4.
Assessing against the Respondent a civil penalty ofFifty Thousand Dollars
($50,000.00) for each and every violation ofthe Act and pertinent regulations, and an additional
civil penalty ofTen Thousand Dollars ($10,000.00) for each day ofcontinued
violation;
5.
Ordering the Respondent to pay all costs, including attorney, expert witness and
consultant fees expended by the State in its pursuit ofthis action; and
28
6.
Granting such other reliefas the Board deems appropriate and
just.
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN, Attorney General
ofthe
State ofillinois
OfCounsel:
REBECCA A.
BURLINGHAM
Senior AssistantAttorney General
Environmental Bureau
188
W. Randolph St., 20th Floor
Chicago, Illinois
60601
(312) 814-3776
MATTHEW J. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
By~
Chief
Assistant Attorney General
29
CERTIFICATE OF SERVICE
I, REBECCA A.
BLTRLINGHAM, an Assistant Attorney General in this
case, do certify that I caused to be mailed this
16th
day ofNovember, 2004, the foregoing Notice
ofFiling and Complaint upon the person listed on said Notice by certified mail in an envelope
bearing sufficient postage with the United States Postal Service located at
100 West Randolph
Street, Chicago, Illinois.
REBECCA A. BURLINGHAM
