BEFORE THE ILLiNOIS POLLUTION CONTROL BOARD
Ri
S
OFFICE
/WG212003
PEOPLE OF THE STATE OF ILLINOIS,
STA
Poll
r~
~
OF
ILLINOIS
oncont
Complainant,
ro, &qrd
v.
No. PCB 03220
LEHIGH PRESS, iNC., a Pennsylvania
corporation, a/k/a LEHIGH PRESS-
CADILLAC, LEHIGH CADILLAC-
DIRECT, LEHIGH DIGITAL and LEHIGH
DIRECT,
Respondent.
NOTICE
OF FILING
To:
Zemeheret Bereket-Ab
Assistant Attorney General
Environmental Bureau
188 West Randolph Street
20th Floor
Chicago, IL
60601
PLEASE TAKE NOTICE that on August 21,
2003, there was filed with the Clerk of the
Illinois Pollution Control Board,
the attached
ANSWER
To
COMPLAINT,
a true and correct copy
ofwhich is herewith served upon you.
Respectfully submitted,
LEHIGH PRESS, INC.
By:_______
Its Attorneys
Joseph A. Strubbe
Vedder, Price, Kaufman & Karnmholz, P.C.
222 North LaSalle Street
Suite 2600
Chicago, IL
6060 1-1003
Telephone:
(312)
609-7500
Facsimile:
(312)
609-5005
Dated: August 21,
2003
CHICAGO//ll 132518.1
8/21/03
CERTIFICATE OF SERVICE
The
undersigned
certifies
that
a
true
and
correct
copy
of
the
foregoing
Answer
to
Complaint was served on:
Zemeheret Bereket-Ab
Assistant Attorney General
Environmental Bureau
188 West Randolph Street
20th Floor
Chicago, IL
60601
by
depositing the same in the U.S.
mail, first-class postage prepaid, at 222 North LaSalle Street,
Chicago, Illinois
60601-1003 by 5:00
p.m.
on August 21,
2003.
The undersigned certifies that
this filing has been submitted on recyled paper.
/~?
/~/
2
BEFORE THE ILLINOIS POLLUTION
CONTROL BOA~ECJEIVED
CLERK’S
OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
AUt3
2
12003
Complainant,
STATE OF ILLINOIS
PollutIon Control Board
v.
No. PCB-03-220
LEHIGH PRESS, INC., a Pennsylvania
corporation, a/k/a LEHIGH PRESS-
CADILLAC, LEHIGH CADILLAC-
DIRECT, LEHIGH DIGITAL and LEHIGH
DIRECT,
Respondent.
ANSWER TO
COMPLAINT
Defendant,
LEHIGH
PRESS,
iNC.,
(“Lehigh”),
through
its
counsel,
answers
the
Complaint ofplaintiff, People ofthe State of Illinois, as follows:
COUNT I
CAUSING OR ALLOWING AIR POLLUTION
ALLEGATION NO.
1:
This
Complaint
is
brought
by
Attorney General
Lisa Madigan
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).
ANSWER:
Lehigh admits
that
the
Complaint purports to
be
brought
on
behalf of the
People
of the
State
of
Illinois
by
Attorney
General
Lisa
Madigan
pursuant
to
terms
and
provisions of the
Illinois
Environmental
Protection
Act
(the “Act”);
Lehigh denies
it
is
liable
under the Act; Lehigh lacks knowledge or information sufficient to
form
a belief as to the truth
ofthe remaining allegations ofparagraph 1.
ALLEGATION
NO. 2: The
Illinois
EPA
is
an
administrative
agency of the
State
of
Illinois,
created pursuant to
Section 4 of the
Act,
415
ILCS
5/4
(2002), and
charged, inter alia,
with the duty ofenforcing the Act.
ANSWER:
Lehigh admits the allegations ofparagraph 2.
CHICAGOI#1131098.1
8/19/03
ALLEGATION NO.
3: Respondent, Lehigh
Press,
Inc.,
is
a
Pennsylvania corporation
qualified to
do
business
in
the
State
of Illinois.
The
Illinois
Secretary
of State’s
corporate
records and business registration show that Lehigh Press, Inc. uses several trade style names such
as Lehigh Press-Cadillac,
Lehigh Cadillac -Direct, Lehigh Digital
and Lehigh Direct (hereinafter
referred to as “Lehigh”).
ANSWER:
Lehigh admits the allegations of paragraph 3.
ALLEGATION NO.
4: At
all
times
relevant
to
this
Complaint,
Lehigh
owned
and
operated a commercial printing facility located at 25th and Lexington Avenue, Broadview, Cook
County, Illinois (“Facility”).
ANSWER:
Lehigh admits the allegations of paragraph 4.
ALLEGATION NO.
5: At
the
Facility,
Lehigh
operates
eight
emission
units
which
consist ofheatset web offset lithographic printing presses with dryers.
ANSWER: Lehigh admits the allegations of paragraph
5.
ALLEGATION
NO.
6:
On February 24,
1999, the Illinois
EPA issued to Lehigh Press-
Cadillac Clean Air Act Permit Program permit No. 95100080 to
operate eight emission source(s)
and
pollution
control
equipment consisting of heatset web offset
lithographic printing
presses
with dryers including Press # 34.
The permit expires on February 24, 2004.
ANSWER: Lehigh admits
that on
or about February 24,
1999,
the
Illinois
EPA issued
Clean Air Act Permit Program permit No. 95100080 and that the permit expires on February 24,
2004;
Lehigh states that the terms ofthe permit
speak for themselves
and denies the allegations
ofparagraph 6 to the extent inconsistent therewith.
ALLEGATION NO.
7:
On
May 29,
2001,
the
Illinois
EPA issued
construction permit
No. 01040039 to Lehigh Cadillac-Direct to construct a ninth press(Press # 47).
ANSWER: Lehigh admits the allegations ofparagraph 7.
ALLEGATION
NO.8: On
January 16,
2002,
the
Cook
County
Department
of
Environmental
Control (“CCDEC”) inspected the Facility and observed the following violations
of
the
Act,
Illinois
Pollution
Control
Board
(“Board”)
Air
Pollution
Regulations,
and
Respondent’s CAAPP permit No. 95100080:
.
failure to promptly notify the Illinois EPA ofnoncompliance with CAAPP
permit No. 95100080;
-2-
CHICAGOI#1
131098.1 8/19/03
•
failure to operate and maintain the flame
oxidizer for Press #34
above the
required temperature
of, 1400° F
during
operation
of the
print
line
as
requiredby CAAPP permit no. 95100080;
•
failure to
operate the flame oxidizer
for Press #34
so that volatile organic
material
(“VOM”) emissions
from
the press
dryer
exhaust are reduced by
90 percent;
•
failure
to
install,
calibrate,
operate
and maintain,
in
accordance with
the
manufacturer’s
specifications,
a
continuous
recorder on
the
temperature
monitoring
device(s),
such as a
strip
chart, recorder or computer,
with at
least the same accuracy as the temperature monitor, for the flame oxidizer
on Press #34;
•
failure
to
collect
and
record
daily
afterburner
monitoring
data
for
the
flame oxidizer on Press 34;
ANSWER: Lehigh admits
that
on or about January 16,
2002, Cook
County Department
ofEnvironmental
Control inspected
Lehigh’s facility;
Lehigh denies that it has violated the Act,
Illinois
Pollution Control Board Air Pollution Regulations, or its
CAAPP;
Lehigh admits that the
CCDEC claimed the enumerated violations as a result ofits
inspection.
ALLEGATION NO.
9:
On the basis ofthe CCDEC’s observations, the Illinois EPA, on
May
16,
2002,
issued
a
violation notice
to
Lehigh
Cadillac-Direct
for violations
of the
Act,
Board regulations and CAAPP permit conditions.
ANSWER: Lehigh
admits
that
or
about
May
16,
2002,
the
Illinois
EPA
issued
a
violation notice; Lehigh denies that it violated the Act orthat it should be held liable thereunder.
ALLEGATION NO.
10:
Section 9(a) of the
Act,
415
ILCS
5/9(a)
(2002),
provides 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
ANSWER: Lehigh admits
that
paragraph 10
accurately
quotes
from
the
section of the
Act cited therein.
-3-
CHICAGO/#1 131098.1
8/19/03
ALLEGATION NO.
11:
Section 201.141
of
the
Illinois
Pollution
Control
Board
(“Board”)
Air
Pollution
Regulations,
35
111.
Adm.
Code
201.141,
titled,
Prohibition
of Air
Pollution, provides as follows:
No
person shall cause
or allow the discharge
or emission
of any
contaminant into the environment in any State so as, either alone or
in
combination with
contaminants from
other sources, to
cause or
tend
to
cause
air
pollution
in
Illinois,
or
so
as
to
violate
the
provisions
of this
Chapter,
or
so
as
to
prevent the
attainment or
maintenance ofany applicable ambient air quality standard.
ANSWER: Lehigh admits
that
paragraph 11
accurately
quotes
from
the
section of the
regulations cited therein.
ALLEGATION
NO.
12:
Section 201.102 of the Board Air Pollution Regulations,
35
Ill.
Adm.
Code 20 1.102,
defines “air pollution” as:
The presence in the atmosphere of one or more air 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.
ANSWER:
Lehigh admits
that
paragraph
12
accurately
quotes
from
the
section
of the
regulations cited therein.
ALLEGATION NO.
13:
Section 201.102 ofthe Board Air Pollution Regulations,
35
Ill.
Adm. Code 201.102, defines “air contaminant” as:
Any
solid,
liquid
or
gaseous
matter,
any
odor or
any
form
of
energy, that
is
capable of being released into the atmosphere
from
an emission source.
ANSWER:
Lehigh admits
that
paragraph 13
accurately
quotes
from
the
section of the
regulations cited therein.
ALLEGATION NO.
14:
Section 39.5(6)(a) of the Act,
415
ILCS
5/39.5(6)
(a)
(2002),
titled, Prohibitions, provides as follows:
It
shall
be
unlawful
for
any
person
to
violate
any
terms
or
conditions
of a
permit
issued
under
this
Section,
to
operate
any
CAAPP source
except
in compliance with a permit
issued by the
Illinois
Environmental Protection
Agency under this
Section orto
violate any other applicable requirements.
-4-
C1-HCAGO/#1 131098.1
8/19/03
ANSWER:
Lehigh admits
that
paragraph 14
accurately
quotes
from
the
section of the
Act cited therein.
ALLEGATION NO.
15:
Section 3.26
of
the
Act,
415
ILCS
5/32.6
(2002),
defines
“person” 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.
ANSWER: Lehigh
admits
that
paragraph 15
accurately
quotes
from
the
section of the
Act cited therein.
ALLEGATION NO.
16:
Lehigh
is a person as that term is defined in Section 3.26 ofthe
Act,
415 ILCS 5/3.26
(2002).
ANSWER: Paragraph 16
states a
legal conclusion to
which
no
response
is
required;
to
the extent a response is required, Lehigh admits the allegations ofparagraph
16.
ALLEGATION
NO.
17:
Section 39.5(1) of the
Act,
415
ILCS
5/39.5(1)
(2002),
titled,
Definitions, provides the following relevant definitions:
“CAAPP” means the Clean Air Act Permit Program.
“CAAPP
Permit” or “permit” means
any
permit
issued,
renewed,
amended, modified or revised pursuant to Title V ofthe Clean Air
Act.
“CAAPP
Source”
means
any
source
for
which
the
owner
or
operator is required to obtain a CAAPP permit.
“Emission
unit” means
any
part or activity of a
stationary source
that emits or has the potential to emit any air pollutant.
“Owner or operator” means any person who
owns, leases, operates,
controls, or supervises a stationary source.
“Stationary
source”
means
any
building
structure,
facility,
or
installation, that emits or may emit any regulated air pollutant.
ANSWER: Lehigh
admits
that
paragraph 17
accurately
quotes from
the
section of the
Act cited therein.
-5-
CHICAGO/#1 131098.1 8/19/03
ALLEGATION NO. 18:
Lehigh
is
an
owner or
operator because it owns and
operates
the Lehigh-Cadillac stationary source.
ANSWER:
Paragraph 18
states a
legal
conclusion to
which
no response
is
required;
to
the extent a response is required, Lehigh admits the allegations ofparagraph 18.
ALLEGATION NO.
19:
The
nine heatset web
offset
lithographic printing
presses
are
emission units that have the potential to
emit regulated air pollutants.
ANSWER: Lehigh
denies
that
it
operates
nine
printing
presses;
Lehigh
admits
the
remaining allegations of paragraph 19.
ALLEGATION
NO. 20: The
Lehigh
facility
is
a
stationary
source
because
it
is
a
structure or facility that
emits
or may emit any regulated air pollutants such as volatile organic
materials (“VOM5”).
ANSWER: Lehigh admits the allegations ofparagraph 20.
ALLEGATION
NO.
21: VOMs,
air contaminants,
are gaseous
matter that
are capable
of being released
into the atmosphere from an
emission source as the term “air contaminant”
is
defined by Section 201.102 ofthe Board AirPollution Regulations, 35 Ill, Adm. Code
201.102.
ANSWER: Paragraph 21
states a
legal
conclusion to
which
no
response
is
required;
to
the extent
a response
is
required, Lehigh
lacks knowledge
or
information sufficient
to
form
a
belief as to the truth ofthe allegations of paragraph 21.
ALLEGATION
NO. 22: Section 218.407(a)(l)(c)
of
the
Board
Air
Pollution
Regulations,
titled, Emission Limitations
and
Control
Requirements for Lithographic
Printing
Lines on and after March 15,
1996, 35 Ill.
Adm. Code 218.407(a)(l) (c), provides as follows:
(a)
On and after.March
15,
1996, no
owner or operator oflithographic printing line(s)
subject to the requirements ofthis Subpart shall:
1)
Cause
or
allow
the
operation
of
any
heatset
web
offset
lithographic
printing line unless:
C)
An
afterburner
is
installed
and
operated
so
that
VOM
emissions
(excluding
methane
and
ethane)
from
the press
dryer exhaust(s)
are reduced by 90
percent, by weight, or to
a maximum afterburner
exhaust outlet concentration of 20
ppmv (as carbon).
-6-
CHICAGO/Ill 131098.1
8/19/03
ANSWER: Lehigh admits
that
paragraph 22
accurately
quotes
from
the
section of the
regulations cited therein.
ALLEGATION
NO. 23: Condition
7.1 .3(e)(i)(C)
of
CAAPP
permit
No.
95100080
issued to Respondent provides as follows:
An
afterburner
is
installed
and
operated
so
that
VOM emissions
(excluding methane and ethane) from the press dryer
exhaust(s) are
reduced by
90
percent,
by
weight,
or to
a
maximum
afterburner
exhaust outlet concentration of20 ppmv (as carbon).
ANSWER: Lehigh
admits
that
paragraph 23
accurately
quotes
from
the
section of its
CAAPP
permit
No. 95100080.
Further
answering,
Lehigh
states
that
it
reduced its
volatile
organic emissions by more than 90,
by weight, at all relevant times.
ALLEGATION
NO. 24:
Condition 7.1.5(a)
of CAAPP permit
No. 95100080
issued
to
Lehigh-Cadillac on February 24,
1999, provides as follows:
The afterburners (2013, 2046,
and
the flame oxidizer)
combustion
chamber
shall
be
preheated
to
the
manufacturer’s
recommended
temperature but not lower than 1400’ F, before the printing process
is begun, and this temperature shall be maintained during operation
ofthe affectedprinting lines.
ANSWER: Lehigh admits
the
allegations
of paragraph 24;
further
answering,
Lehigh
states
that
the temperature
limit
contained in
paragraph 24
is
not
necessary to
reduce
volatile
organic materials by more than 90
as required by
law,
and that
the Illinois EPA was
aware of
this
fact
and
the appropriate
lower
operating
temperature
as
established
by
Lehigh
through
a
December
13,
1990
test observed
by
Mr.
George
Kimura of the Illinois
EPA, and
reported on
January 22,
1991 by Lehigh to the Illinois EPA.
ALLEGATION NO.
25:
From
February
1999,
until
July
2002,
Respondent
failed
to
operate the afterburner ofPress #34 at or above the minimumtemperature of 1400°F as required.
by permit condition 7.1.5(a)of CAAPP permit No. 95100080.
ANSWER: Lehigh admits
that it did not operate
its
afterburner ofpress #34 at or above
the temperature
1400°F;further answering,
Lehigh states that
its
actual operating
temperature
-7-
CHICAGO/#1131098.1
8/19/03
did reduce volatile
organic material emissions
by more than 90,
a fact established by
Lehigh in
December
1990
and
reported to
the Illinois EPA in
January,
1991,
and that
Lehigh
should not
have been required to
operate the flame oxidizer at
1400°since that requirement in the CAAPP
permit was contrary to the operating
temperature
as established to
the Illinois
EPA in
1990
and
which should
have been utilized
by
the Illinois
EPA in the
CAAPP permit,
further answering,
Lehigh states that the
1400°temperature requirement is unlawful and unenforceable as it was not
required in order to reduce emissions ofvolatile organic materials by the required 90.
ALLEGATION
NO. 26: The
required
minimum
operating
temperature
of
1400° F
would
ensure
a
90
percent
reduction
in
VOM
emissions
as
required
by
35
Ill.
Adm.
Code
21 8.407(a)(l)(c) and permit condition 7.1.5(a).
ANSWER: Lehigh denies the allegations ofparagraph 26.
ALLEGATION
NO. 27: By
operating
the
afterburner
of
press #34
at
a
temperature
below 1400°F,Respondent failed
to
demonstrate compliance
with the 90
reduction
in VOM
emissions,
thereby, causing, threatening or allowing the release of VOM, air contaminants, into
the environment in the
State ofIllinois.
ANSWER: Lehigh denies the allegations of paragraph 27.
ALLEGATION
NO.
28: By
causing, threatening or allowing VOM, air contaminants, to
be
released
into
the environment,
Respondent
caused,
threatened, or allowed
air
pollution
in
Illinois
in
violation of Section 9(a)
of the Act
and
Section 201.141 of the Board Air Pollution
Regulations.
ANSWER: Lehigh denies the allegations ofparagraph 28.
ALLEGATION NO.
29:
By
operating
the
afterburner
at a
temperature
below
1400°F
and
by
failing
to
demonstrate
that
it
reduces
VOM
emissions
from
the
Facility
by
90,
Respondent violated
Sections 9(a)
and
39.5(6)(a)
of the
Act,
415
ILCS
5/9(a)
and
39.5(6) (a)
(2002),
35
111.
Adm.
Code
218.407(a)
(1)
(c),
and
conditions
7.1.5(a)
and
7.1.3(e)(i)(C)
of
CAAPP permit No. 95100080.
ANSWER: Paragraph 29
states
a legal
conclusion to
which no
response
is
required;
to
the extent a response is required, Lehigh denies the allegations of paragraph 29.
WHEREFORE,
defendant, Lehigh Press,
Inc. prays for judgment in its favor
and against
plaintiff, and such other relief as the Pollution Control Board deems appropriate.
-8-
CHICAGO/Ill 131098.1
8/19/03
COUNT II
FAILURE TO
INSTALL RECORDING DEVICES AND FAILURE TO
COLLECT MONITORING DATA
1-20.
Complainant realleges and incorporates by reference herein, paragraphs
1 through
6 and paragraphs 8-21 ofCount I as paragraphs
1 through 20 ofthis Count II.
ANSWER:
Lehigh
incorporates
by
reference
its
answers to
paragraphs
1
through
6
and paragraphs
8
through 21
of Count I as if fully restated in this paragraph.
ALLEGATION
NO. 21:
Section 9(b) of the Act,
415
ILCS
5/9(b)(2002),
provides
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.
ANSWER: Lehigh admits
that
paragraph 21
accurately
quotes
from
the
section of the
regulations cited therein.
ALLEGATION
NO.22: Section 218.410(c)
(2) of the Board Air Pollution Regulations,
35
Ill.
Adm.
Code
218.410(c)(2),
titled,
Monitoring
Requirements
for
Lithographic Printing,
provides as follows:
c)
Afterburners For Heatset Web Offset Lithographic Printing
Line(s).
If
an
afterburner
is
used
to
demonstrate
compliance,
the owner or operator of a
heatset web offset
lithographic
printing
line
subject
to
Section 218.407(a)(l)(C) ofthis Subpart shall:
2)
Install,
calibrate,
operate
and
maintain,
in
accordance
with
manufacturer’s
specifications,
a
continuous recorder on
the
temperature monitoring
device(s),
such
as
a
strip
chart,
recorder
or
computer,
with
at
least the
same
accuracy
as
the
temperature monitor.
ANSWER: Lehigh
admits
that
paragraph 22
accurately
quotes
from
the
section of the
regulations cited therein.
-9-
CHICAGO/#1 131098.1
8/19/03
ALLEGATION NO.
23: Condition 7.1.9(c)(ii)
of
CAAPP
permit
No. 95100080
provides as follows:
Pursuant
to
35
IAC
218.411(b)(3),
an
owner
or
operator
of
a
heatset
web
offset
lithographic
printing
line(s)
subject
to
the
control requirements of Condition
7. l.3(e)(i)(C)
(see
also
35
IAC
218.407(a)(1)(C)
shall
collect
and
record
daily
the
following
information for each heatset web
offset
lithographic printing
line
subject
to
the
requirements
of Condition 7.1 .3(e)(i)(c)
(see
also
35 JAC 218.407(a)(l)(c):
A
log
of
operating
time
for
the
afterburner,
monitoring
equipment,
and
the
associated
printing
press
35
IAC
218.41 1(b)(3)(B);
ANSWER: Lehigh
admits
that
paragraph 23
accurately
quotes
from
the
section of the
CAAPP permit No. 95100080 cited therein.
ALLEGATION
NO. 24:
Section 218.41 l(b)(3) of the Board Air Pollution Regulations,
35
Ill.
Adm.
Code
218.411(b)(3),
titled,
Recording
and
Reporting
for Lithographic
Printing,
provides, in pertinent part, as follows:
b)
An owner or operator of a heatset web offset lithographic printing
line(s)
subject to the control requirements of Section 21 8.407(a)(l)(C) or (b)(1) of
this Subpart shall comply with the following:
3)
On and after
March 15,
1996,
collect and
record daily the
following
information
for
each
heatset
web
offset
lithographic
printing
line
subject
to
the
requirements
of
Section 218.407(a)(l)(C)( or (b)(1) ofthis Subpart:
A)
Afterburner
or
other
approved
control
device
monitoring
data
in
accordance
with
Section 218.410(c)
or
(d)
of
this
Subpart,
as
applicable;
B)
A log
ofoperating time
for the afterburner or other
approved
control
device,
monitoring
equipment,
and the associated printing line;
C)
A
maintenance
log
for
the
afterburner
or
other
approved control device and
monitoring
equipment
detailing
all
routine
and
non-routine
maintenance
performed,
including
dates
and
duration
of
any
outages;
-10-
CHICAGO/Ill 131098,1 8/19/03
ANSWER: Lehigh admits
that paragraph 24
accurately
quotes
from
the
sections of the
Regulations cited therein.
ALLEGATION NO.
25: Operating
permit
condition 7.1 .9(c)(i)
of
CAAPP
permit
No 95100080 provides as follows:
‘Pursuant
to
31
IAC 218.4l1(b)(3),
an
owner
or
operator
of
a
heatset
web
offset
lithographic printing
line(s)
subject
to
control
requirements
of
Condition 7.1.3 (e)(i)(C)
(see
also
35 IAC
218.407(a)(1)(C)
shall
collect
and
record
daily
the
following
information for each heatset
web offset
lithographic
printing
line
subject to
the
requirements
of Condition 7.1.3(e)(i)(C)
(see
also
35 IAC 2l8.407(a)(l)(C)):
i.
Afterburner
monitoring
data
in
accordance
with
Condition 7.1.8(c)
(see
also
35 IAC 218.401(c)
35
IAC 218.411(b)(3)(A);
ANSWER: Lehigh
admits
that paragraph 25
accurately
quotes
from
the
section of the
CAAPP permit No. 95100080 cited therein.
ALLEGATION NO.
26:
The
afterburner
on
Press #34
was
equipped
with
a
chart
recorder.
However,
in
June
1997,
the
chart
recorder
broke
and
sometime
in
July
2002,
Respondent reconfigured Press #34
by removing the flame oxidizer and reducing the
emissions
from Press #34 to the Facility’s larger existing afterburner.
During this time, the afterburner was
not equipped with the required recording device.
ANSWER: Lehigh
admits
that,
for
a
time,
the
chart
recorder
on
press
#34
was
inoperable,
a
fact
not promptly
known
by
Lehigh;
further
answering,
Lehigh
states
that,
after
learning
that
the
chart recorder
was
inoperable,
it
attempted
to
repair or
replace
the
chart
recorder,
but
was
unable to
obtain
parts,
given the
age of the afterburner;
further
answering,
Lehigh admits
that it reconfigured press #34
by
reducting
the emissions
to .the facility’s larger
existing
afterburner,
in
August and
September,
2002;
further answering,
Lehigh
states that the
emissions ofvolatile
organic materials from press #34 never failed to meet the 90
destruction
requirement;
Lehigh denies the remaining allegations ofparagraph 26.
ALLEGATION NO.
27: From June 1997
until the press was reconfigured in
July 2002,
Respondent did not collect and record monitoring data for Press #34.
—11—
CHICAGO/#1131098.1
8/19/03
ANSWER: Lehigh admits the allegations ofparagraph 27.
ALLEGATION NO.
28: By
failing
to
install,
calibrate,
operate,
maintain,
collect
and
record data on press #34, Respondent violated Sections 9(b) and
39.5(6)(a) of the Act,
415 ILCS
5/9(b)
and
39.5(6)(a)
(2002),
35
Ill.
Adm.
Code
218.410(c)(2),
218.411(b)(3)
and
Condition
7.1 .9(c)(i)
of
CAAPP
operating
permit
No. 95100080
and
Condition
1.1 .9(b)(i)
of
construction permit No. 01040039.
ANSWER:
Lehigh denies the allegations ofparagraph 28.
WHEREFORE, defendant, Lehigh Press, Inc.
prays for judgment in its favor and against
plaintiff, and such other relief as the Pollution Control Board deems appropriate.
COUNT Ill
FAILURE TO REPORT TO THE ILLINOIS EPA
NONCOMPLIANCE WITH PERMIT CONDITIONS
1-8.
Plaintiff
realleges
and
incorporates
by
reference herein,
paragraphs
1
through
6
and paragraphs
8 and 9 ofCount I as paragraphs
1
through 8 ofthis Count Ill.
ANSWER: Lehigh incorporates
by reference
its
answers to
paragraphs
1
through
6 and
paragraphs
8
through 9 of Count I as if fully restated in this paragraph.
ALLEGATION NO.
9:
Condition 5.7.1
of
CAAPP
p~rmitNo. 95100080
issued
to
Lehigh provides as follows:
The Permittee shall promptly
notify the Illinois
EPA, Compliance
Section ofnoncompliance with the permit requirements as follows,
pursuant to
Section 39.5(7)(f)(ii) ofthe Act. Reports shall describe
the
probable cause of such deviations,
and
any
corrective actions
or preventive measures taken.
ANSWER:
Lehigh admits
that
paragraph 9
accurately
quotes
from
the
section of’the
CAAPP permit No. 95100080 cited therein.
ALLEGATION NO.
10:
From
February 24,
1999,
the
date
the
CAAPP
permit
was
issued, until July 2002, when Lehigh reconfigured Press #34 by removing the flame oxidizer and
reducing the emissions
from
Press #34
to
the Facility’s
larger existing
afterburner, Respondent
did
not
operate
Press
#34
in
compliance
with
the
terms
and
conditions of its
CAAPP
permit
No. 95100080
which
requires
Respondent
to
maintain
a
continuous
temperature
recorder and
datamonitoring equipment.
-12-
CHICAGO/Il 1 131098,1 8/19/03
ANSWER: Lehigh
admits
that
from
approximately
February 24,
1999
until
approximately
July,
2002,
Lehigh’s
continuous
temperature
recorder
and
data
monitoring
equipment for Press #34
had become
inoperable, a fact which was unknown to
Lehigh;
further
answering,
Lehigh states that
it complied with
its
CAAPP permit No. 95100080
in that volatile
organic material emissions forPress #34 were reduced by more than 90.
ALLEGATION NO.
11:
As
required
by
condition 5.7.1
of
CAAPP
permit
No 95100080,
Respondent
did
not
promptly notify the Illinois
EPA when it reconfigured
Press
#34 and also operated the press without the required data monitoring equipment.
ANSWER: Lehigh
admits
that,
because
it
was
unaware
that
the
data
monitoring
equipment
associated
with
Press #34
had
become
inoperable,
it
did
not
promptly
notify
the
Illinois
EPA;
Lehigh denies the remaining allegations
of paragraph 11
and
affirmatively states
that it filed a minor modification reconfiguration noticeforpress #34
ALLEGATION NO.
12:
By failing to
comply with condition 5.7.1 ofits CAAPP permit
No. 95100080,
Respondent
violated
Sections 39.5(6)(a)
and
9(b)
of
the
Act,
415
ILCS 5/39.5(6)(a)
and 9(b) (2002).
ANSWER:
Paragraph
12
states
a legal
conclusion to
which
no
response
is
required;
to
the extent a response
is required, Lehigh denies the allegations ofparagraph 12.
WHEREFORE,
defendant,
Lehigh Press,
Inc. prays for judgment in its favor and against
plaintiff, and such other relief as the Pollution Control Board deems appropriate.
COUNT IV
FAILURE TO SUBMIT
COMPLETED SEMI-ANNUAL REPORTS
AND ANNUAL COMPLIANCE CERTIFICATIONS
1-20.
Plaintiff realleges
and
incorporates
by
reference herein, paragraphs
1
through
6
and paragraphs 8 through 21 of Count I as paragraphs
1
through 20 ofthis Count IV.
ANSWER
Lehigh
incorporates
by
references
its
answer to
paragraphs
1
through
6
and paragraphs 8 through 21 ofCount I as if fully restated in this paragraph.
-
13
-
CHICAGO/#1 131098.1
8/19/03
ALLEGATION NO. 21:
Condition 8.6.1
of CAAPP permit
No. 95100080
provides as
follows:
A
report
summarizing
required
monitoring
as
specified
in
the
conditions ofthis
permit shall be
submitted to the Air Compliance
Section
of
the
Illinois
EPA
every
six
months
as
follows
Section
39.5(7)(t) ofthe Act:
Monitoring Period
Report Due Date
January
—
June
September
1
July
—
December
March
1
All
instances
of
deviations
from
permit
requirements’ must
be
clearly
identified
in
such reports.
All
such
reports
shall
be
in
accordance with Condition 9.9.
ANSWER: Lehigh admits
that
paragraph21
accurately
quotes
from
the
section of the
CAAPP permit No. 95100080 cited therein.
ALLEGATION
NO. 22: Condition 9.8(a)
of CAAPP permit No. 95100080 provides
as
follows:
Pursuant
to
Section 39.5(7)(~p)(v)of the
Act,
the
Permittee
shall
submit compliance
certifications
annually
or
more,
frequently
as
specified in the applicable requirement or by permit condition.
a.
The
certification shall
include
the
identification of
each
term or
condition
of this
permit
that
is
the
basis
of
the
certification;
the
compliance
status;
whether compliance was continuous or intermittent;
the
method(s) used for determining the
compliance
status
of the
source,
both
currently
and
over
the
reporting period
consistent
with
the
conditions
of
this permit.
•ANSWER: Lehigh admits
that
paragraph22
accurately
quotes
from the
section of the
CAAPP permit No. 95100080 cited therein.
ALLEGATION NO.
23:
Respondent
submitted
incomplete
semi-annual
monitoring
reports and annual compliance
certifications for calendar years
2000 and 2001.
ANSWER: Paragraph 23
states legal conclusions to
which no response is required; to the
extent a response is required, Lehigh denies the allegations of paragraph 23.
-14-
CHICAGO/Ill 131098.1
8/19/03
ALLEGATION NO. 24:
Respondent
did
not
report
the
instances
of
deviations
from
permit
requirements
for
press #34
in
the
semi-annual
reports
and
annual
compliance
certifications
for calendaryears
2000 and 2001.
ANSWER: Lehigh denies that
it deviated from its
permit requirements for press #34,
in
that it reduced volatile organic material emissions by more than 90;
further answering, Lehigh
denies the allegations ofparagraph 24.
ALLEGATION NO.
25:
By
failing
to
submit
complete
semi-annual
reports
and
compliance
certifications
for
calendar
years
2000
and
2001,
Respondent
violated
permit
Conditions 8.6.1 and 9.8(a).
ANSWER: Paragraph 25
states
a legal
conclusion to
which
no
response
is
required;
to
the extent a response
is required, Lehigh denies the allegations ofparagraph 25.
ALLEGATION
NO. 26: By
failing
to
comply
with permit
conditions 8.6.1
and
9.8(a),
Respondent
violated
Sections 39.5(6)(a)
and
9(b) of the Act,
415
ILCS
5/39.5(6)(a)
and
9(b)
(2002).
ANSWER: Paragraph 26
states a
legal
conclusion to
which no
response
is
required;
to
the extent a response is required, Lehigh denies the allegations ofparagraph 26.
WHEREFORE, defendant,
Lehigh Press,
Inc.
prays for judgment in its favor and against
plaintiff, and such other relief as the Pollution Control Board deems appropriate.
COUNT V
CONDUCTING EMISSION TESTING
WITHOUT NOTIFYING
THE ILLINOIS EPA
1-8.
Complainant
realleges and
incorporates by reference herein, paragraphs
1
through
7 and
14 ofCount I as paragraphs
1 through
8 this Count V.
ANSWER:
Lehigh incorporates
by
reference its
answers to
paragraphs
1
through
7
and
14 ofCount I as if fully restated in this paragraph.
ALLEGATION NO. 9:
Section 9(b) of the
Act,
415
ILCS
5/9(b)
(2002), provides as
follows:
No person shall:
-
15
-
CHICAGO/Ill 131098.1
8/19/03
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, ofany type designated by Board regulations,
without
a permit granted by the Agency, or in
violation of any conditions imposed
by suchpermit;
ANSWER: Lehigh admits
that paragraph 9 accurately quotes from the section ofthe Act
cited therein.
ALLEGATION NO.
10:
Condition 1.1.7(a) ofconstruction permit No. 01040039 issued
to
Respondent to construct press #47 provides as follows:
Testing
to
demonstrate
compliance
with
the
requirements
of
Condition 1.1.3(d) (see
also 35
IAC 218.407(a))
shall be conducted
by the Permittee within 60 days of initial startup.
Such testing
shall
be
conducted
at
the
expense
of the
Permittee and
the
Permittee
shall
notify
the
Illinois
EPA
in
writing
45
days
in
advance
of
conducting
such
testing
to
allow the
Illinois
EPA to
review the
procedures proposed for emission testing
and to
be present during
such testing.
ANSWER: Lehigh
admits
that
paragraph 10
accurately
quotes
from
the
construction
permit cited therein.
ALLEGATION NO.
11:
Respondent had
an
initial
startup
for press #47
on
August2,
2001.
ANSWER: Lehigh
denies
the
allegations
of paragraph 11;
further
answering,
Lehigh
states that
it
experienced numerous
start-up
difficulties with press #47,
further complicated
by
the
events
of
September 11,
2001,
and
the
difficulties
experienced
in
travel
arrangements
of
engineers from the German manufacturer ofpress #47,
such that press
#47 did not come on line
and become fully operational until late November or early December, 2001.
ALLEGATION
NO.
12:
On February
5,
2002,
Respondent conducted
emission testing
on press #47 to
demonstrate compliance with permit conditions.
ANSWER: Lehigh admits the allegations ofparagraph 12.
ALLEGATION NO.
13:
Construction permit
condition
1.1.7(a)
requires Respondent to
notifythe Illinois EPA in writing 45 days in advance ofconducting such testing.
-16-
CHICAGO/Ill
13 1098,1
8/19/03
ANSWER: Lehigh admits the allegations of paragraph 13.
ALLEGATION NO.
14:
Respondent
did
not
notify
the
Illinois
EPA
45
days prior
to
February
5,
2002.
Respondent notified
the
Illinois
EPA
on
February 7,
2002,
two
days after it
had already conducted the emission testing.
ANSWER:
Lehigh admits the allegations ofparagraph
14
(?).
ALLEGATION NO.
15:
By
failing
to
notify the Illinois
EPA 45
days
prior
to
testing,
Respondent violated Condition 1.1.7(a) ofits
construction permit No. 01040039.
ANSWER: Paragraph 15
states
a
legal
conclusion to
which
no
response
is
required; to
the extent a response is required, Lehigh denies the allegations of paragraph 15.
ALLEGATION NO.
16:
By violating its construction permit condition, Respondent also
violated Sections 9(b) and 39.5(6) (a) ofthe Act, 415 ILCS
5/9(b)
and
39.5(6)
(a) (2002).
ANSWER: Paragraph
16
states
a legal
conclusion to
which
no
response is
required;
to
the extent a response is required
,
Lehigh denies the allegations ofparagraph
16.
WHEREFORE,
defendant, Lehigh Press,
Inc. prays forjudgment
in its favor and against
plaintiff, and such other relief as the Pollution Control Board deems appropriate.
AFFIRMATIVE DEFENSES
First Affirmative Defense
The
plaintiff’s
action
is
barred
by
the equitable
doctrine
of waiver or
estoppel in
that
plaintifffailed
to
timelynotify defendant of the purported violations.
Second Affirmative Defense
Plaintiff’s
action
is
barred
by
the equitable
doctrine of latches
in that plaintiff failed to
timely notify defendant ofthe purported violations.
Third Affirmative Defense
Plaintiff is
not entitled to injunctive relief prayed for given that any alleged violations
of
the pertinent environmental
statutes have ceased.
-17-
CHICAGO/Ill 131098.1 8/19/03
Respectfully
submitted,
LEHIGH PRESS, iNC.
By:________
On~
o?Its Attorneys
JosephA.
Strubbe
Vedder, Price, Kaufman & Kammholz, P.C.
222 North LaSalle Street
Suite 2600
Chicago, IL
60601-1003
Telephone: (312) 609-7500
Facsimile:
(312) 609-5005
Dated: August~/,2003
-
18-
CHICAGO/#l 131098.1 8/19/03
