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

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—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