ILLINOIS POLLUTION CONTROL BOARD
February
4,
1982
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
v.
)
PCB
80-152
APEX
INTERNATIONAL
ALLOYS,
INC.,
a
Delaware
corporation,
)
)
Respondent.
MR.
WILLIAM
J.
BARZANO,
JR.,
ASSISTANT
ATTORNEY
GENERAL•
APPEARED
ON
BEHALF
OF
COMPLAINANT;
MR.
RICHARD
J.
TROY,
TROY
AND
SNIEDER,
APPEARED
ON
BEHALF
OF
RESPONDENT.
OPINION
AND
ORDER
OF
THE
BOARD
(by
D.
Anderson):
This matter comes before the Board upon
a complaint filed
August 19,
1980 by the Illinois Environmental Protection Agency
(Agency)
naming as Respondent Apex International Alloys, Inc.,
a Delaware corporation
(Apex).
The complaint alleges violations
of Sections
9(a)
and 9(b)
of the Illinois Environmental Protec-
tion Act
(Act)
and Rules 103(b) (1)
,
103(b) (2), 202(b)
and
203(a)
of Chapter
2:
Air Pollution,
in connection with the
operation of an aluminum smelter.
A public hearing was held
in Chicago on December 16,
1981, at which time the parties
presented stipulation, statement of facts
and
proposal for
settlement.
No citizens appeared and there has been
no public
comment
(R.
6).
Apex operated an aluminum smelter described only
as located
in
the City of Chicago, Cook County.
It includes the
following
emission sources:
4 aluminum reverberatory furnaces; a
rotary
borings dryer;
a scrap crusher; one aluminum alloy melt
furnaces
2 zinc alloy melt furnaces;
and various air pollution control
equipment,
including afterburners and scrubbers.
Although some or all of the emission sources
and
air
pollution control equipment were in existence prior to
1973,
much of it was not utilized from 1973 until sometime after
March,
1979.
As
a result, physical changes in,
or changes
in
*The
Chicago phone directory indicates that Apex operates
a plant at 2537 West Taylor, Chicago.
4 5—261
—2—
the
method
of
operation
of,
the
emission
sources
and
air
pollution control equipment occurred which
increased
contaminant
emissions.
The sources and equipment therefore constitute
new sources and equipment as defined by Rule 101 of Chapter 2.
The complaint alleged the
following
violations:
Count
Section/Rule
Summary
I
§9(b)
Operation
of
new
source
or
equipment
Rule 103(b)
(1)
without a permit
II
§9(b)
Alternative to Count
I:
operation
Rule 103(b) (2)
of existing source or equipment
without a permit after November 1
1972
III
§9(a)
Emission of particulates from a new
Rule 203(a)
source in excess of allowable rates
on
5 dates from May through Novem-
ber,
1979
IV
§9(a)
Alternative to Count III:
Rules 203
Rule 203(a)
(b)
and 203(c)
require existing
process emission sources to comply
with Rule 203(a)
V
§9(a)
Emission of smoke with opacity
Rule 202(b)
greater than 30
on 5 dates between
May and November 1979.
Rule 203(a)
sets mass emission limitations based on process
weight rate.
There
is no indication of the process rate of the
facility or the allowable emission level.
Based
on the stipulated facts,
the Board finds that the
emission sources and air pollution control equipment constitute
new sources.
Alternative Counts
II and IV are therefore dis”
missed~pursuant to the Agency’s motion contained in the
stipulation.
Apex admits
that:
it did not possess operating permits
for any of the sources or equipment at this facility at any time
subsequent to March, 1979;
that it caused or allowed emission of
particulate matter in excess of emission rates allowable under
Rule 203 (a);
and that it caused or allowed emission of smoke or
other particulate matter with. an opacity greater than 30.
The
Board finds Apex in violation of §~9(a) and 9(b) of the Act and
Rules
103(b) (1)
,
203(a)
and 202(b)
,
substantially as alleged in
Counts
I, III and V of the complaint.
45—262
—3—
Apex
ceased
all
melting
operations
on
October
24,
1980
arid permanently closed the facility on or about January
1.
1981,
Apex has agreed to obtain all necessary construction and opera-
ting permits prior to resuming any operations at the facility.
Apex has agreed to pay a stipulated penalty of $1500.
There
is no evidence in the record concerning:
the char-
acter and degree of injury to health and physical property;
the
suitability of the pollution source to the area; or the technical
practicability and economic reasonableness of reducing the
emissions
S533
(c) (1)
,
33(c) (3)
and 33(c) (4)
of the Act
•
The
smelter apparently had social and economic value when it was
operating,
although this value was reduced by operation without
a permit in violation of emission limitations
11533(c) (2),
Under normal circumstances the facts would be too sketchy
to accept this stipulation.
However,
the facility has already
voluntarily closed.
There will be an opportunity for a thorough
review of the facts should a permit application be filed.
The
Board accepts the settlement pursuant to Procedural Rule
331,
The Board finds the penalty of $1500 necessary to aid enforcement
of the Act where a facility has ignored a long standing permit
requirement.
This
Opinion
constitutes
the
Board’s
findings
of
fact
and
conclusions
of
law
in
this
matter.
ORDER
1.
Respondent Apex International Alloys,
Inc.
has violated
§59(a)
and 9(b)
of the Act
and
Rules
103(b)
(1),
202(b)
and 203(a)
of
Chapter
2:
Air
Pollution,
substantially
as
alleged in Counts I, III and V of the Complaint.
2.
Counts II and IV are dismissed without leave to
reuile,
3.
Respondent shall apply for all necessary construction
and
operating
permits
prior
to reopening the facility
described
in
the
Opinion
and
shall
not
reopen
the
facility without first receiving all necessary
construction and operating permits.
4.
Respondent
shall
comply
with
the
terms
of
the
settle-
ment
filed
January
6,
1982
which is hereby incorporated
by reference.
5.
Within thirty-five days of the date of this Order
Respondent Apex International Alloys,
Inc.
shall1
45—263
—4—
by.
certified
check
or
money
order
payable
to
the
State of Illinois, pay a civil penalty of $1500
which.
is to be sent to:
State of Illinois
Fiscal Services Division
Illinois Environmental Protection Agency
2200 Churchill
Road
Springfield, Illinois 62706
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Po~Llution
Control
Board,
hereby
certify that the above Opinion and
Order
were adopted on the
‘/~
day of
~d
,
1982 by
avoteof
~
.
Christan L. Moff91~J,
clerk
Illinois Po1.uti~~ff’ControlBoard
45—264