CLERK’S
çp1:r~r~r~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
/~1UG
5
2003
PEOPLE OF THE STATE OF ILLINOIS,
)
STATEOFILLINOIb
Pollution
Control Boarc~
Complainant,
vs.
)
PCB
PACKT~GINGPERSONIFIED,
INC.,
)
(Enforcement)
an Illinois corporation,
Respondent.
NOTICE
OF FILING
PLEASE TAKE NOTICE that we have today, August
5,
2003,
filed
with the Office of the Clerk of the Illinois Pollution Control
Board an original and nine copies of our Complaint,
a copy of
which is attached herewith and 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 the complaint will be taken as
if admitted for
purposes of this proceeding.
If you have any questions about
this procedure,
you should contact the hearing officer assigned
to this proceeding,
the Clerk’s Office or an attorney.
NOTIFICATION
YOU ARE HEREBY NOTIFIED that financing may be available
through the Illinois Environmental facilities financing act
20
ILCS 3515/1 et
seq.
to correct the alleged pollution.
PEOPLE OF THE STATE OF ILLINOIS
ex
rel.
LISA MJ~DIGAN
Attor~neyGenera
of the
•~atdof Illino
s
BY:
\/
~
C~ISTOPHER
GRANT
A~istant Attorney General
Environmental Bureau
188 W. Randolph St.,
20th
Fir.
Chicago,
IL 60601
(312)
.814-5388
RECEiVE0
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERKS OFFV~F
I1UG
5 2003
PEOPLE OF THE STATE OF ILLINOIS,
STATE OFILLINQJS
Complainant,
)
Pollution Control Board
vs.
)
PCB
PACKAGING
PERSONIFIED,
INC.,
)
(Enforcement)
an Illinois corporation,
Respondent.
COMPLAINT
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
by LISA
MADIGAN, Attorney General of the State of Illinois,
complains
of
Respondent,
PACKAGING PERSONIFIED,
INC.,
as follows:
COUNT I
CONSTRUCTION
OF EMISSION SOURCES WITHOUT A PERMIT
1.
This Complaint
is brought on behalf of THE PEOPLE OF
THE STATE OF ILLINOIS by LISA MADIGAN, Attorney General of the
State of Illinois,
on her own motion and at the request of the
Illinois Environmental Protection Agency
(“Illinois EPA”)
pursuant to the terms and provisions of Section 31
of the
Illinois Environmental Protection Act
(“Act”)
,
415 ILCS 5/31
(2002)
2.
Illinois EPA is an administrative agency of the State
of Illinois,
established by Section
4 of the Act,
415 ILCS 5/4
(2002),
and is charged,
inter alia,
with the duty of enforcing
the Act, and regulations promulgated by the Illinois Pollution
Control Board
(“Board”)
3.
At all times relevant to this complaint, Respondent
1
PACKAGING PERSONIFIED,
INC.,
was, and is,
an Illinois
corporation,
duly authorized to transact business in the State of
Illinois.
4.
The Respondent owns and operates a polyethylene
and polypropylene film processing and printing facility located
at 246 Kehoe Boulevard,
Carol
Stream,
Du Page County,
Illinois
(“Facility” or
“Site”)
.
Du Page County.is classified pursuant to
the federal Clean Air Act,
42 U.S.C.
7401 et
seq.,
as a
‘severe
ozone nonattainment area’.
5.
As a regular part of its operations,
the Respondent
extrudes and prints plastic bags.
The extrusion process is
operated seven days per week,
24 hours per day.
The printing
process is operated
5 days per week,
16 hours per day.
extruders,
flexographic printing presses, curing ovens,
and other
equipment at the Site
(collectively “Emissions
sources”)
have
the capacity to emit in excess of 25 tons of volatile organic
material
(“VOM”)
per year.
The Respondent’s actual 2002 VOM
emissions were at least 44
tons.
6.
The Respondent began installation of emissions sources
at the Site on a date better known to Respondent,
but prior to
1989.
During the years
1989,
1992,
and 1995,
the Respondent
installed four flexographic printing presses and a curing oven.
During the years 1992 and 1995,
the Respondent installed four
extruders.
At no time from the date the Respondent began
installation of the emissions sources until the time of filing
this complaint did the Respondent obtain Illinois EPA
construction permits or operating permits for these emission
2
sources.
7.
Section
9 of the Act,
415
ILCS 5/9
(2002)
,
provides,
in
pertinent part,
as follows:
No person shall:
*
*
*
(b)
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
granted by the Agency,
or in
violation of any conditions imposed
by such permit.
8.
Section 3.26 of the Act,
415 ILCS 5/3.26
(2002),
provides,
as follows:
“PERSON” is any individual,
partnership,
co-partnership,
firm,
company,
limited
liability
company,
corporation,
association,
joint stock company,
trust,
estate,
political
subdivision,
state
agency,
or any other
legal
entity,
or
their
legal
representative,
agent
or
assigns.
9.
The Respondent,
an Illinois corporation,
is a “person”
as that term is defined in Section 3.26 of the Act,
415 ILCS
5/3.26
(2002)
10.
Section 201.142 of the Board regulations,
35
Ill. Adm.
Code 201.142, provides,
as follows:
No person shall cause or allow the construction of any
new emission source or any new air pollution control
equipment, without first obtaining a construction
permit from the Agency,
except as provided in Section
201.146.
11.
Section 201.102 of the Board regulations,
35
Ill.
Adm.
Code 201.102, provides,
in pertinent
part,’ as follows:
3
“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.
12.
Respondent’s extruders,
flexographic printing presses,
and ovens are “emission sourcesJ”
and
“new emission sources”
as those terms are defined in 35
Ill. Adm.
201.102.
13.
Section 3.02 of the Act,
415 ILCS 5/3.02
(2002),
contains the following definition:
“AIR
POLLUTION”
is
the presence
in
the
atmosphere of one or more contaminants in
sufficient
quantities
and
.
of
such
characteristics
and
duration
as
to
be
injurious
to
human,
plant,
or
animal
life,
to health,
or
to property,
or
to
unreasonably interfere with the enjoyment
of life or property.
14.
Section 3.06 of the Act,
415 ILCS 5/3.06
(2002),
provides,
as follows:
“CONTAMINANT”
is
any
solid,
liquid,
gaseous matter,
any odor,
or any form of
energy,
from whatever source.
15.
VOM emitted from emissions sources at the Site is a
“contaminant” as that term is defined in Section 3.06 of the Act,
415 ILCS 5/3.06
(2002).
16.
Respondent’s emissions sources are capable of emitting
VON,
a contaminant injurious to human health,
to the atmosphere,
and therefore are capable of causing or contributing to air
pollution.
17.
On various dates from 1989 to the present, the
4
Respondent commenced construction of the emissions sources at the
Site,
without first having applied for or obtained construction
permits from Illinois EPA.
Respondent thereby violated Section
9(b)
of the Act,
415 ILCS 5/9(b)
(2002), and 35
Ill. Adm.
Code
201.142.
Respondent’s violations were willful, knowing, and
repeated.
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order in favor of
Complainant and against the Respondent,
PACKAGING PERSONIFIED,
INC.,
on Count
I:
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(b)
of the Act,
and 35
Iii. Adm. Code 201.142;
3.
Ordering the Respondent to cease and desist from any
further violation
of Section 9(b)
of the Act and pertinent
regulations;
4.
Assessing against
the Respondent a civil penalty of
Fifty Thousand Dollars
($50,000.00)
for each violation of the Act
and pertinent regulations,
and an additional civil penalty of Ten
Thousand Dollars
($10,000.00)
for each day of violation;
5.
Ordering the Respondent to pay all costs,
including
attorney,
expert witness and consultant fees expended by the
State
in its pursuit of this action;
and
6.
Granting such other relief
as the Board deems
appropriate and just.
5
COUNT
II
OPERATION OF EMISSION
SOURCES WITHOUT A PERMIT
1-15.
Complainant realleges and incorporates by reference
herein paragraphs
1 through
9,
and paragraphs
11 through 16,
of
Count
I as paragraphs
1 through 15 of this Count
II.
16.
Section 201.143
of the Board regulations,
35
Ill.
Adm.
Code 201.143, provides,
as follows:
No person shall cause or allow the operation of any new
emission source or any new air pollution control
equipment of
a type for which a construction permit
is
required by Section 201.142 without
first obtaining an
operating permit from the Agency,
except for such
testing operations as may be authorized by the
construction permit.
17.
Since the date of first installation in 1989,
the
Respondent has operated one or more emissions
sources at the
Site without having first applied for and obtained operating
permits from Illinois EPA.
The Respondent has thereby violated
Section 9(b)
of the Act,
415 ILCS 5/9(b)
(2002), and 35
Ill. Adm.
Code 201.143.
Respondent’s violations were willful, knowing and
repeated.
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF
ILLINOIS,
respectfully requests that the Board enter an order in
favor of Complainant and against
the Respondent,
PACKAGING
PERSONIFIED,
INC., on Count
II:
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(b)
of the Act, and 35
Ill.. Adm.
Code 201.14.3;
3.
Ordering the Respondent to cease and desist from any
6
further violation of Section 9(b)
of the Act and pertinent
regulations;
4.
Assessing against the Respondent a civil penalty of
Fifty Thousand Dollars
($50,000.00)
for each violation of the Act
and pertinent regulations, and an additional civil penalty of Ten
Thousand Dollars
($10,000.00)
for each day of violation;
5.
Ordering the Respondent to pay all costs,
including
attorney,
expert witness and consultant fees expended by the
State in its pursuit of this action;
and
6.
Granting such other relief as the Board deems
appropriate and just.
COUNT
III
FAILURE TO SUBMIT TIMELY ANNUAL EMISSIONS REPORTS
1-11.
Complainant
realleges
and incorporates by reference
herein paragraphs
1 through
6,
paragraphs
8 and
9, and paragraphs
14 through 16 of Count
I as paragraphs
1 through 11 of this Count
III.
12.
The Respondent did not submit Annual Emission Reports
to Illinois EPA for the years
1992,
1993,
1994,
1995,
1996,
1997,
1998,
1999,
2000 and 2001,
until August
8,
2002.
13.
Section 9(a)
of the Act,
415 ILCS 5/9(a)
(2002),
provides,
in pertinent part,
as follows:
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;
7
14.
Section 201.302(a)
of the Board regulations,
35
Ill.
Adm.
Code 201.302(a), provides,
as follows:
The
owner
or
operator
of
any
emission
unit or air pollution 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
of
all
specified
air
contaminant emissions; provided, however,
that the Agency may require more frequent
reports where necessary to accomplish the
purpose of the Act and this Chapter..
15.
Section 211.1950 of the Board regulations,
35 Ill.
Adm.
Code 211.1950,
provides,
in pertinent part,
as follows:
“Emission
unit”
means
any
part
or
activity
at
a
stationary
source
that
emits
or has the potential
to emit
any
air pollutant.
16.
Section 211.6370 of the Board regulations provides,
as
follows:
“Stationary Source” means any building,
structure,
facility,
or installation that emits or may emit any
air pollutant.
17.
Respondent’s facility is a “stationary source”
as that
term is defined in 35 Ill. Adm. Code 211.6370.
18.
The emissions
sources
at the Site are
“emission
unit Es”
as that term is defined in 35
Ill. Adm.
Code 211.1950.
19.
Section 254.137 of the Board regulations,
35 Ill.
Adm.
Code
254.137, provides,
in pertinent part,
as
follows:
a)
All annual Emission Reports are due.
by May
1 of the year following the
calendar year in which the emissions
took place.
*
*
*
20.
The Respondent
is the owner or operator of the VOM
8
sources,
and therefore was required to submit Annual Emission
Reports,
according to the schedule contained in 35
Ill. Adm.
Code
254.137, for each calendar year from 1992 until the present.
21.
By failing to submit Annual Emission Reports for the
years
1992 through 2001 until August
8,
2002, Respondent violated
Sections 201.302(a)
and 254.137 of the Board regulations,
35
Ill.
Adm.
Code Sections 201.302(a)
and 254.137, and thereby also
violated Section 9(a)
of the Act,
415 ILCS 5/9(a)
(2002).
Respondent’s violations were willful, knowing,
and repeated.
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order in favor of
Complainant and against the Respondent,
PACKAGING PERSONIFIED,
INC.,
on Count
III:
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)
of the Act,
and 35
Ill. Adm.
Code Sections 201.302(a)
and
254.137;
3.
Ordering the Respondent to cease and desist from any
further violation of Section 9(b)
of the Act and pertinent
regulations;
4.
Assessing against the Respondent
a civil penalty of
Fifty Thousand Dollars
($50,000.00)
for each violation of the Act
and pertinent regulations,
and an additional civil penalty of Ten
Thousand Dollars
($10,000.00)
for each day of violation;
5.
Ordering the Respondent to pay all costs,
including
attorney,
expert witness and consultant fees expended by the
9
State in its pursuit of this action;
and
6.
Granting such other relief
as
the. Board deems
appropriate and just.
COUNT IV
OPERATING A
MAJOR
STATIONARY
SOURCE WITHOUT A CAAPP PERMIT
1-9.
Complainant realleges and incorporates by reference
herein paragraphs
1 through
8,
and paragraph 13, .of Count
11.1
as paragraphs
1 through
9 of this Count
IV.
10.
Section 39.5 of the Act,
415 ILCS 5/39.5
(2002)
provides,
in pertinent part,
as follows:
5.
Applications and Completeness
a.
An owner or operator of a CAAPP
source shall submit its complete
CAAPP application consistent with
the Act and applicable
regulations
*
*.
*
6.
Prohibition
*
*
*
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.
11.
Section 39.5(1)
of the Act,
415 ILCS 5/39.5(1)
(2002),
provides,
in pertinent
part,
as follows:
“CAAPP”
means
the Clean Air Act
Permit
Program developed pursuant to Title V of
the Clean Air Act.
10
“CAAPP
permit”.
.
.
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.
“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, and are under common
control
of
the
same person
or
persons
under
common
control)
belonging
to
a
single
major
industrial
grouping....
“Stationary source”
means
any building,
structure, facility, or installation that
emits
or
may
emit
any
regulated
air
pollutant
.
.
“Regulated
Air
Pollutant”
means
the
following:
1.
Nitrogen
oxides
(NOx)
or
any
volatile organic compound.
.
12.
Section 39.5(2)
of the Act, 415
ILCS
5/39.5(2)
(2002),
provides in pertinent part,
as follows:
a.
Sources
subject
to
this
Section
shall include:
1.
Any major source as defined in
paragraph
c)
of
this
subsection.
*
*
*
c.
For
purposes
of
this
Section
the
term “major source” means any source
that
iS:
*
*
*
iii. A
major
stationary
source
as
11
defined in part D of Title
I of
the Clean Air Act including:
A.
For
ozone
nonattainment
areas,
sources
with
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.
13.
Respondent’s facility,
located in a severe ozone
nonattainment area,
has the potential
to emit over 25 tons per
year of VOM
,
and is a “major stationary source” as that term is
defined in Section 39.5(2)
of the Act,
415 ILCS 5/39.5(2)
(2002),
and therefore also a “CAAPP source” as defined in Section 39.5(1)
of the Act,
415 ILCS 5/39.5(1)
(2002).
14.
Respondent owns and operates the emission sources at
the Site, and therefore
is the “owner and operator”
of
“CAAPP source”
as those terms are defined in Section 39.5(1)
of
the act,
415 ILCS 5/39.5(1)
(2002).
15.
Section 39.5(5)
of the Act,
415 ILCS 39.5(5)
(2002),
provides,
in pertinent part,
as follows:
a.
An owner or operator of a CAAPP source shall
submit its complete CAAPP application consistent
with the Act and all applicable regulations.
*
.*
*
16. Section 270.201(b)
of the Board regulations,
35
Ill.
Adm.
Code 270.201(b)
provides,
in pertinent part,
as follows:
b)
an owner or operator of a CAAPP source with the
following SIC codes
shall submit its initial
complete CAAPP application not later than
6 months
after the effective date of the CAAPP:
26
(paper
12
and allied products);
27
(printing and
publishing).
17.
Respondent began operation of emissions
sources at the
Site in 1989,
and was required to submit its CAAPP application by
March
1,
1996.
However,
the Respondent did not submit a CAAPP
application to Illinois EPA until July
2,
2002.
18.
By failing to submit its application for a CAAPP permit
by March
1,
1996,
the Respondent violated Sections 39.5(5)
and
39.5(6) (b)
of the Act,
415 ILCS 5/39.5(5)
and 5/39.5(6) (b)
(2002), and 35
Ill. Adm.
Code 270.201(b).
By violating 35
Ill.
Adm.
Code 270.201(b),
the Respondent thereby also violated
Section 9(a)
of the Act,
415 ILCS 5/9(a)
(2002).
Respondent’s
violations were willful,
knowing, and repeated.
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order in favor of
Complainant and against the Respondent,
PACKAGING PERSONIFIED,
INC.,
on Count
IV:
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 Sections
9 (a),
39.5(5), and 39.5(6) (b)
of the Act,
and 35
Ill. Adm.
Code
270.201(b);
3.
Ordering the Respondent to cease and desist from any
further violation of Sections 9(a),
39.5(5), and 39.5(6)(b)
of
the Act, and pertinent regulations;
4.
Assessing.against the Respondent a civil penalty of
Fifty Thousand Dollars
($50,000.00)
for each violation of Section
13
9(a)
of the
Act,
and pertinent regulations,
and an additional
civil penalty of Ten Thousand Dollars
($10,000.00)
for each day
of violation;
5.
Assessing against the Respondent a civil penalty of Ten
Thousand Dollars
($10,000.00)
for each day of violation of
Section 39.5 of the Act;
6.
Ordering the Respondent to pay all costs,
including
attorney,
expert witness and consultant fees expended by the
State in its pursuit
of this action;
and
7.
Granting such other relief as the Board deems
appropriate and just.
COUNT V
VIOLATION OF NEW SOURCE REVIEW
1-13.
Complainant realleges and incorporates by
reference herein paragraphs
1 through
9, and paragraphs
11 through 14,
of Count
IV as paragraphs
1 through
13 of this
Count V.
14.
Pursuant to authority granted under the Act,
the
Board has promulgated standards applicable to major stationary
sources of contaminants,
at
35 Ill.
Adm. Code,
Part 203
(“Board
Major Source regulations”)
15.
Section 203.201
of the Board Major Source regulations,
35
Ill. Adm. Code 203.201, provides,
in pertinent part,
as
follows:
In any nonattainment area,
no person shall cause of
allow the construction of a new major stationary source
or major modification that is major for the pollutant
for which the area
is designated a nonattainment area,
except as in compliance with the part for that
14
pollutant.
In areas designated nonattainment for
ozone,
this prohibition shall apply to new major
stationary sources or major modifications of sources
that emit volatile organic materials or Nitrogen
Oxides.
*
*
*
16.
Section 203.203
of the Board Major Source Regulations,
35
Ill. Adm.
Code 203.203, provides,
in pertinent part,
as
follows:
a)
A construction permit
is required prior to
actual construction of a major new source or
major modification.
*
*
*
17.
Section 203.301 of the Board Major Source regulations,
35
Ill. Adm.
Code 203.301, provides,
in pertinent part,
as
follows:
Section 203.301 Lowest Achievable Emission Rates:
a)
For any source
,
lowest achievable
emission rate
(LAER)
will be the more stringent rate of
emissions based on the following...
*
*
*
b)
The owner or operator of a new major stationary
source shall demonstrate that the control
equipment and process measures applied to the
source will produce LAER.
*
*
*
d)
The owner or operator shall provide a detailed
showing that the proposed emission limitation
constitutes LAER
18.
During the years 1992,
1994,
and 1995,
the Respondent
commenced construction of emission sources at the Site,
a new
major source,
without first having applied for and obtained a
construction permit from Illinois EPA.
The Respondent thereby
15
violated Section 203.203 of the Board Major Source regulations,
35
Ill. Adm.
Code 203.203, and thereby also violated Section 9(a)
of the Act,
415 ILCS 5/9(a)
(2002),
and 35 Ill. Adm.
Code
203.201.
19.
The Respondent operated a new major stationary source
without h~vingfirst demonstrated that control equipment and
process measures at its facility complied with LAER.
Respondent
thereby violated Section 203.301 of the Board Major Source
regulations,
35
Ill. Adm.
Code 203.301,
and thereby also violated
Section 9(a)
of the Act,
415 ILCS 5/9(a)
(2002)
and 35
Ill.
Adm.
Code 203.201.
Respondent’s violations, were willful, knowing, and
repeated.
WHEREFORE, Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order in favor of
Complainant and against the Respondent, PACKAGING PERSONIFIED,
INC.,
on Count V:
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)
of the Act,
and 35
Ill. Adm.
Code Sections 203.201,
203.301, and
203.203;
3.
Ordering the Respondent to cease and desist from any
further violation of Section 9(a)
of the Act and pertinent
regulations;
4.
Assessing against the Respondent
a civil penalty of
Fifty Thousand Dollars
($50,000.00)
for each violation of the Act
and pertinent regulations, and an additional civil penalty of Ten
16
Thousand Dollars
($10,000.00)
for each day of violation;
5.
Ordering the Respondent to pay all costs,
including
attorney,
expert witness and consultant
fees expended by the
State in its pursuit of this action; and
6.
Granting such other relief as the Board deems
appropriate and just.
COUNT VI
EMISSIONS REDUCTION
MARKET
SYSTEM VIOLATIONS
1-13.
Complainant realleges
and incorporates by reference
herein,
paragraphs
1 through 13 of
Count
III as paragraphs
1
through 13 of this Count VI.
14.
During the five month period, May
1 until September 30,
of each year. from at least
1997 until the time of filing this
complaint,
Respondent’s facility emitted more than 10 tons of
VOM.
15.
Respondent did not submit annual emission reports
listing seasonal emissions for the years 2000,
2001,
and 2002,
until May 16,
2003.
16.
Pursuant to the requirements of Section 9.8 of the Act,
415 ILCS 5/9.8
(2002),
the Board has established regulations
creating and regulating alternative air pollution controls,
including the Emission Reduction Market System
(“ERMS”)
Regulations requiring participation and managing ERMS credits are
found at
35
Ill. Adm.
Code,
Part 205
(“ERMS regulations”)
17.
Section 205.130 of the ERMS regulations,
35
Ill.
Adm.
Code 205.130 provides,
in pertinent part,
as follows:
17
“Annual Emissions Report” means the report submitted to
the Agency annually pursuant to 35
Ill.
Adm.
Code
254.
“Baseline emissions” means a participating source’s VOM
emissions for the seasonal allotment period based on
historical operations as determined under Subpart C of
this Part.
Baseline emissions shall be the basis of
the allotment for each participating source.
“CAAPP” means the Clean Air Act Permit Program,
pursuant to Section 39.5 of the Act
415
ILCS 5/39.5
“Chicago ozone nonattainment area” means the area
composed of Cook,
DuPage,
Kane,
Lake,
McHenry, and Will
Counties and Aux Sable Township and Goose Lake Township
in Grundy County and Oswego Township in Kendall County.
“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 of at
least
10 tons of VOM.
“Participating source” means a source operating prior
to May 1,
1999,
located in the Chicago ozone
nonattainment area,
that
is required to obtain a CAAPP
permit and has baseline emissions of at least
10 tons,
as specified in Section 205.320(a)
of this Part,
or
seasonal emissions of
at least
10 tons in any seasonal
allotment period beginning
in 1999.
“Seasonal allotment period” means the period from May
1
through September 30 of each year.
“Seasonal emissions”
means actual VOM emissions at
a
source that occur during a seasonal allotment period.
18.
From at least
1997 until the present, Respondent’s
facility had seasonal emissions of at least
10 tons of VON,
and
was
a
“participating source”
as that term is defined in 35 Ill.
Adm.
Code 205.130. The Respondent is owner and operator of a
“participating source”.
19.
Section 205.310 of the ERMS regulations,
35
Ill.
Adm.
Code 205.310, provides,
in pertinent part,
as follows:
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
18
following schedule:
1)
For a participating source with baseline
emissions of at least 10 tons of VON,
as
determined in accordance with Section
205.320(a)
of this Subpart, by March
1,
1998;
*
*
*
20.
Section 205.300 of the ERMS regulations,
35
Ill.
Adm.
Code 205.300 provides,
in pertinent part,
as follows:
Section 205.300
Seasonal Emissions Component of the
Annual Emissions Report
a)
For each year in which the source
is operational,
the owner or operator of each participating source
and new participating source shall
submit,
as a
component of its Annual Emissions Report,
seasonal
emissions information to the Agency for each
seasonal allotment period after the effective date
of this Part in accordance with the following
schedule:
1)
For each participating source or new
participating source that generates VON
emissions from less than 10 emission
units,
by October 31 of each year;
and
*
*
*
21.
Section 254.501 of the Board regulations,
35
Ill.
Adm.
Code 254.501, provides,
in pertinent part,
as follows:
Section 254.501
Contents of a Seasonal Emissions
Report
a)
The
owner or operator of a source subject to the
seasonal emissions reporting requirements for ERMS
required by 35
Ill. Adm.
Code 205.300 must provide
the following information:
1)
Source identification information:
A)
Source name,
physical location and
mailing address;
B)
Name of Responsible Official;
and
C)
Source contact telephone number.
19
*
*
*
b)
The owner or operator of a participating source or
new participating source under 35 Ill.
Adm. Code
2
05 must provide total seasonal actual emissions of
hazardous air pollutants
(HAP5)
that are also VON
for the following RAPs:
*
*
*
c)
The owner or operator of each participating source
or new participating source under 35
Ill. Adm.
Code 205 must provide responses
to the following
questions regarding VON HAP5 for the seasonal
allotment period addressed in the Seasonal
Emissions Report:
1)
To your knowledge, did emissions of any
HAP
increase at your source due to receipt or
expected receipt of additional Allotment
Trading Units
(ATUs)?
*
*
*
22.
Respondent was required submit its ERMS baseline
application to Illinois EPA by March
1,
1998.
By failing to
submit ERMS baseline at any time up to the date of filing this
Complaint,
Respondent violated Section 205.310 of the ERNS
regulations,
and thereby also violated Section 9(a)of the Act,
415 ILCS 5/9(a)
(2002).
Respondent’s violations were willful,
knowing and repeated.
23.
Respondent’s facility contains less than 10 emissions
sources.
Respondent was therefore required to submit seasonal
emission information for the years
2000,
2001,
and 2002,
conforming with 35
Ill. Adm. Code Sections 205.300 and 254.501,
by October 31st of each respective year.
24.
By failing to submit seasonal emission information for
any year until May 16,
2003, Respondent violated 35
Ill.
Adm.
20
Code Sections 205.300 and 254.501, and thereby also violated
Section 9(a)
of the Act,
415 ILCS 5/9(a) (2002).
Respondent’s
violations were willful,
knowing, and repeated.
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order in favor of
Complainant and against the Respondent,
PACKAGING PERSONIFIED,
INC.,
on Count VI:
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)
of the Act,
and 35
Ill. Adm.
Code Sections 205.310,
205.300,
and
254.501;
3.
Ordering the Respondent to cease and desist from any
further violation of Section 9(a)
of the Act and 35
Ill.
Adrn.
Code Sections 205.310,
205,300, and 254.501;
4.
Assessing against the Respondent a civil penalty of
Fifty Thousand Dollars
($50,000.00)
for each violation of the Act
and pertinent regulations, and an additional civil penalty of Ten
Thousand Dollars
($10,000.00)
for each day of violation;
5.
Ordering the Respondent to pay all costs,
including
attorney,
expert witness and consultant fees expended by the
State in its pursuit of this action; and
6.
Granting such other relief as the Board deems
appropriate and just.
COUNT VII
VIOLATION OF FLEXOGRAPHIC PRINTING RULES:
FAILURE TO DEMONSTRATE COMPLIANCE
21
1-9.
Complainant realleges and incorporates by reference
herein, paragraphs
1 through
8,
and paragraph
13,
of Count III,
as paragraphs
1 through
9 of this Count VII.
10.
From at least April,
1992 until the present, Respondent
has applied flexographic printing inks at the its facility having
a VOC content
as listed below:
FLEXOGRAPHIC PRINTING
INK
*
VOC CONTENT
(
by volume)**
Suntex H/R Silver
67.5
Sunsheen 021 Orange
57.69
Sunsheen
Madras
Orange
59.3
Methyl
Violet
Base
62.97
Sunsheen Pant Purple
71.3
N/C Carbozole Purple
.
86.62
E*
Trade names of Sun Chemical Company
E**
VOC content does not include water or other excluded
substances
11.
From at least September 27,
1993 until the time of
filing of this Complaint,
the Respondent failed to perform
testing to demonstrate compliance with the VOC limitation
applying to flexographic printing operations,
failed to collect
and record ink usage and VON content,
and failed to record the
daily weighted average of VON content of flexographic inks used
at the Site.
12.
Pursuant to authority granted under the Act,
the Board
has
promulgated regulations limiting organic material emissions
in the Chicago area,
found at 35 Ill.
Adm.
Code part 218
(“0/N”
Emission
regulations”)
22
13.
Section 218.103
of the 0/N Emission regulations,
35
Ill.
Adm.
Code 218.103, provides,
in pertinent part,
as
follows:
Applicability
The provisions
of this Part shall apply to all sources
located in the Chicago area, which
is composed of Cook,
DuPage,
Kane,
Lake,
NcHenry and Will Counties,
and Aux
Sable Township and Goose Lake Township in Grundy County
and Oswego Township in Kendall County.
*
*
*
14.
Section
218.106
of the O/M emission regulations
provides,
in pertinent part,
as ‘follows:
Compliance Dates
a)
Except as otherwise provided in this Section or as
otherwise provided in a specific Subpart of this
Part,
compliance
with the requirements of all
rules
is required by July
1,
1991....
*
*
*
15.
Subpart H of the 0/N emission regulations,
titled
PRINTING AND PUBLISHING
(“
Flexographic Printing rules”),
regulates organic material content, material usage reporting,
and
record keeping for the flexographic printing industry within the
greater Chicago area,
including Du Page County,
Illinois.
16.
Section 218.402
of the Flexographic Printing rules,
35
Ill. Adm.
Code 281.402 provides,
in pertinent part,
as follows:
a)
The limitations of Section 218.401
of this Part
apply to all flexographic and rotogravure printing
lines
at a subject source.
Sources with
flexographic and/or rotogravure printing lines
ar,e
subject sources
if:
*
*
*
2)
The flexographic and rotogravure printing
lines(s)
.
.
.at the sources have a potential
to emit
E25 tons
or more of VON per year.
23
17.
Respondent’s four flexographic printing lines have the
potential
to e~nitmore than 25 tons of VOM per year,
and are
“subject sources”
as that term is defined and used in 35
Ill.
Adm. Code 218.402.
The Respondent
is the “owner and operator”
of
subject flexographic printing emission sources.
18.
Section 218.401 of the Board Printing Rules,
35
Ill.
Adm.
Code 218.401
effective
September 27,
1993,
provides, in~
pertinent part,
as follows:
a)
No owner or operator of a subject flexographic,
packaging rotogravure or publication rotogravure
printing line shall apply at any time any coating
or ink unless the VON content does not exceed the
limitation specified in either subsection
(a) (1)
or
(a)
(2)
below.
Compliance with this Section
must be demonstrated through the applicable
coating or Ink analysis test methods and
procedures specified in Section 218.105(a)
of this
part and the recordkeeping and reporting
requirements specified in 218.404(c)
of this
Part....
1)
Forty percent VON by volume of the coating
and ink
(minus water and any compounds which
are
specifically exempted from the
definition
of VON),
or
*
*
*
b)
No owner or operator of a subject
flexographic.
.
.printing line shall apply coatings
or inks on the subject printing line unless the
weighted average, by volume, VOM content of all
coatings and inks as applied each day on the
subject printing line does not exceed the
limitations specified in either subsection
(a) (1) Eas determined by subsection
(b) (1)
or
subsection
(a) (2)
as
determined by subsection
b(2)
.
Compliance with this subsection must be
demonstrated through the applicable coating or ink
analysis test methods and procedures specified in
Section 218.105(a)
of this Part and the
recordkeeping and reporting requirements specified
in Section 218.404(d)
of this Part.
19.
From September 27,
1993 until the date of filing this
24
complaint,
the Respondent applied inks with a VON content in
excess of forty percent,
without performing any analysis of ink
usage or otherwise demonstrating compliance with Section 218.401
of the Flexographic Printing Rules,
218.401.
The Respondent
thereby violated 35
Ill. Adm.
Code 218.401, and thereby also
violated Section 9(a)
of the Act,
415
ILCS 5/9(a)
(2002).
Respondent’s violations were willful, knowing,
and repeated.
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order in favor of
Complainant and against the Respondent,
PACKAGING PERSONIFIED,
INC.,
on Count VII:
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)
of the Act,
and 35
Ill. Adm.
Code 218.401;
3.
Ordering the Respondent to cease and desist from any
further violation of Section 9(a)
of the Act, and 35 Ill. Adm.
Code 218.401;
4.
Assessing against the Respondent
a civil penalty of
Fifty Thousand Dollars
($50,000.00)
for each violation of the Act
and pertinent regulations, and an additional civil penalty of Ten
Thousand Dollars
($10,000.00)
for each day of violation;
5.
Ordering the Respondent to pay all costs,
including
attorney,
expert witness and consultant fees expended by the
State in its pursuit of this action; and
6.
.
Granting such other relief as the Board deems
appropriate and just.
25
COUNT VIII
VIOLATION OF FLEXOGRAPHIC PRINTING RULES:
FAILURE TO MAINTAIN RECORDS
1-17.
Complainant realleges and incorporates by reference
herein paragraphs
1 through 17,
of Count VII,
as paragraphs
1
through 17 of this Count VIII.
18.
Section 218.404 of the Board Printing Rules
Eeffective
September 27,
1993
,
provides,
in pertinent part,
as follows:
Recordkeeping and Reporting
*
*
*
c)
Any owner or operator of a printing line subject
to the limitations of Section 218.401 of this Part
shall comply with the following:
2)
On and after a date consistent with Section
218.106 of this Part,
or on and after the
initial start-up date,
the owner or operator
of a printing line subject to the limitations
of Section 218.401 of this Part.. .shall
collect and record all
of the following
information each day for each coating line
and maintain the information at the source
for a period of three years:
A)
The name and identification number
of each coating and ink as applied on
each
printing
line.
B)
The VON content of each coating and ink
as applied each day on each printing
line.
*
*
d)
Any owner or operator of a printing line subject
to the limitations of Section 218.401 of this
Part..
.
shall comply with the following:
2)
On and after a date consistent with Section
218.106
of this Part,
or on and after the initial
start-up date,
the owner or operator of a printing
26
line subject
to the limitations of Section 218.401
of this Part.
.
.
shall collect and record all of the
following information each day for each printing
line and maintain the information at the source
for a period of three years:
A)
The name and identification number of each
coating and ink as applied on each printing
line.
B)
The VOM content and the volume of each
coating and ink as applied each day on each
printing line.
C)
The daily-weighted average VOM content of all
coatings and inks as applied on each printing
line.
19.
From at least September 27,
1993,
until the time of
filing this complaint,
the Respondent failed to collect,
record,
and maintain records of the volume, name,
identification number,
VOC content,
and daily weighted VOC content of inks and coatings
used and applied at its facility.
Respondent thereby violated
Section 218.404
(c) and
(d)
of the Board Flexographic Printing
Rules,
35
Ill. Adm.
Code 218.404
(c) and
(d), and thereby
also
violated Section 9(a)
of the Act,
415 ILCS 5/9(a)
(2002).
Respondent’s violations were willful, knowing, and repeated.
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF
ILLINOIS,
respectfully requests that the Board enter an order in
favor of Complainant and against the Respondent,
PACKAGING
PERSONIFIED,
INC.,
on Count VIII:
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)
of the Act, and 35
Ill. Adm.
Code 218.404;
3.
Ordering the Respondent to cease and desist from any
27
further violation of Section 9(a)
of the Act and 35
Ill. Adm.
Code 218.404;
4.
Assessing against the Respondent
a civil penalty of
Fifty Thousand Dollars
($50,000.00)
for each violation of the Act
and pertinent regulations,
and an additional civil penalty of Ten
Thousand Dollars
($10,000.00)
for each day of violation;
5.
Ordering the Respondent to pay all costs,
including
attorney,
expert witness and consultant
fees expended by the
State in its pursuit of this action;
and
6.
Granting such other relief as the Board deems
appropriate and just.
BY:
PEOPLE OF THE STATE OF ILLINOIS
ex rel.
LISA
MADIGAN
Attorney General
State of Illinois
MATTHEW J.
DUNN,
Chief
Environmental Enforcement/Asbestos
L~i-~\qation
‘Division
i
‘
OF COUNSEL:
CHRISTOPHER J. GRANT
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.,
~
Flr
Chicago,
Illinois
60601
(312)
814-5388
Assistant Attorney Genera
28
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
vs.
)
PCB
PACKAGING PERSONIFIED,
INC.,
)
(Enforcement)
an Illinois corporation,
Respondent.
CERTIFICATE OF SERVICE
I,
CHRISTOPHER GRANT,
an attorney,
do certify that
I caused
to be served this 5th day of August,
2003,
by certified mail,
the
foregoing Complaint and Notice of Filing upon the person listed
below, by placing same in an envelope bearing sufficient postage
with the United States ‘Postal Service located at 100 W.
Randolph,
Chicago Illinois.
\~
\__~__,
\,-~---,
J
CHRISTOPHER
GRANT
Service
List:
Ms. Phyllis Muccianti
Registered Agent
Packaging Personified,
Inc.
246 Kehoe Blvd.
Carol
Stream,
Illinois
60188-1816
