RECE~VED
CLERK’S OFFICE
U
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
STATE
OF ILLINOIS
PEOPLE
OF THE
STATE
OF ILLINOIS,
)
)
Complainant,
)
)
v.
)
PCB 04-16
)
PACKAGING PERSONIFIED,
INC.
)
an Illinois corporation,
)
Respondent.
NOTICE OF FILING
Dorothy Gunn, Clerk
Christopher
J.
Grant
Illinois
Pollution Control Board
Assistant
Attorney
General
100 West Randolph Street
Office of the Attorney General
Suite
11-500
Environmental
Bureau
Chicago, Illinois
60601
188
W. Randolph, 20th Floor
Chicago, IL 60601
PLEASE TAKE NOTICE that on January
16,
2004, Petitioner,
Packaging Personified, Inc., filed with the Clerk ofthe Illinois Pollution
Control Board, the attached ANSWER, a copy which is
served upon you.
PACKAGING PERSONIFIED,
INC.
By:
Mark J.
Steger, Esq.
Holland & Knight LLP
131
S. Dearborn Street, 30th Floor
Chicago, Illinois 60603
(312) 263-3600
STATE OF ~LUNO~S
Pollution Contro’
board
**
THIS FILING IS
SUBMITTED ON RECYCLED PAPER
**
REC~VFD
CLERK’S
OFFICE
~
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
STATE
OF ILLINOIS
STATE OF ~LL~Oj~
Pollution
Contiol Board
PEOPLE
OF THE
STATE
OF ILLINOIS,
)
)
Complainant,
)
)
v.
)
PCB
04-16
)
PACKAGING PERSONIFIED,
INC.
an Illinois corporation,
Respondent.
)
ANSWER
NOW COMES Respondent,
PACKAGING PERSONIFIED, INC.
(“PPI”), by its attorneys, Holland
& Knight
LLP, for its Answer to the People
ofthe State ofIllinois’
Complaint, states as follows:
Countl
CONSTRUCTION OF EMISSION
SOURCES
WITHOUT A PERMIT
1.
This Complaint is brought on behalf ofTHE 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).
ANSWER:
Respondent admits the allegations set forth in paragraph
1
of Count I.
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
-1-
alia,
with the duty of enforcing the Act, and regulations
promulgated by the
Illinois Pollution
Control Board (“Board”).
ANSWER:
Respondent admits the allegations set forth in paragraph
2
of Count I.
3.
At all times
relevant to this
complaint, Respondent PACKAGING
PERSONIFIED,
INC., was, and is, an Illinois corporation,
duly authorized to
transact business
in the State of Illinois.
ANSWER:
Respondent admits the allegations set forth in paragraph
3
of Count I.
4.
The Respondent owns and operates a polyethylene and polypropylene
film processing and printing facility located at 246
Kehoe Boulevard,
Carol
Stream, DuPage County, Illinois (“Facility” or “Site”).
DuPage County is
classified pursuant
to the federal
Clean Air Act,
42
U.S.C.
7401 et
seq.,
as a
‘severe ozone nonattainment
area’.
ANSWER:
Respondent admits that it owns and operates a facility
located at 246 Kehoe Boulevard, Carol Stream, DuPage County, Illinois
and
denies the remaining allegations set forth in paragraph
4 of Count I.
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 of25
tons
ofvolatile
organic material
(“VOM”) per year. The
Respondent’s actual 2002
VOM emissions were at least 44 tons.
ANSWER:
Respondent
admits that part of its operations involves the
extrusion offilm into plastic bags and printing images on plastic bags.
Respondent
admits that its extruders,
flexographic printing presses and
-2-
curing oven emit volatile organic material
(“VOM”).
Respondent further
admits that its 2002 Annual Emission Report filed with the Illinois
Environmental
Protection
Agency indicated that
Respondent’s VOM
emissions for 2002 were 44.93 tons.
Respondent denies the remaining
allegations set forth in paragraph
5
of Count I.
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 sources.
ANSWER:
Respondent admits that it installed certain emission
sources during the years
1992-1995 without obtaining construction and
operating
permits from the Illinois EPA.
Respondent denies the remaining
allegations set forth in paragraph
6
of Count I.
7.
Section
9
of the Act, 415
ILCS 5/9 (2002), provides, pertinent part, as
follows:
No person shall:
(b) Construct, install,
or operate
any equipment, facility, vehicle,
vessel,
or aircraft capable ofcausing 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:
Respondent admits the allegations set forth in paragraph
7 of Count I.
-3-
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.
ANSWER:
Respondent admits the allegations set forth in paragraph
8
of Count I.
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).
ANSWER:
Respondent admits the allegations set forth in paragraph
9 of Count I.
10.
Section
20 1.142 ofthe 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.
ANSWER:
Respondent admits the allegations set forth in paragraph
10 of Count I.
11.
Section
201.102
of the Board regulations,
35 Ill. Adm.
Code 201.102,
provides,
in pertinent part, as follows:
“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.
-4-
ANSWER:
Respondent
admits the allegations set forth in paragraph
11 of Count I.
12.
Respondent’s extruders,
flexographic printing
presses, and ovens are.
“emission sources”
and “new emission sources”
as those terms are defined
in 35 Ill. Adm.
201.102.
ANSWER:
Respondent denies the allegations set forth in paragraph
12 of Count I as it calls for a legal conclusion.
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.
ANSWER:
Respondent admits
the allegations set forth in paragraph
13
of Count I.
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.
ANSWER:
Respondent admits the allegations
set forth in paragraph
14
of Count I.
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).
ANSWER:
Respondent denies
the allegations in paragraph
15 of
Count I as it calls for a legal conclusion.
-5-
16.
Respondent’s
emissions sources are capable of emitting VOM,
a
contaminant
injurious to human health,
to the atmosphere,
and therefore are
capable of causing or contributing to air pollution.
ANSWER:
Respondent admits that certain emission sources at its
facility emit VOM.
Respondent denies the remaining allegations
set forth in
paragraph
16 of Count I.
17.
On various dates from 1989
to the present,
the Respondent
commenced
construction ofthe 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.
ANSWER:
Respondent admits that
it constructed
certain emission
sources without first having applied
for or obtained
construction permits
from
the Illinois EPA.
Respondent
denies the remaining allegations set forth in
paragraph
17 of Count I.
WHEREFORE, Packaging Personified,
Inc., respectfully requests
that
the Board enter an order in favor ofRespondent and against Complainant.
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 ofthis
Count II.
ANSWER:
Respondent
realleges and incorporates
by reference
herein its answers and objections
to paragraphs
1 through
9, and paragraphs
11 through
16, of Count las paragraphs
1 through
15
of this Count II.
-6-
16.
Section 201.143
ofthe Board
regulations,
35 Iii. 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.
ANSWER:
Respondent admits
the allegations set forth in paragraph
16 of Count II.
17.
Since the date offirst 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.
ANSWER:
Respondent admits that it operated certain
emission
sources without having first
applied for and obtained
operating permits from
the Illinois EPA.
Respondent denies the remaining
allegations set forth in
paragraph
17 of Count II.
WHEREFORE,
Packaging Personified,
Inc., respectfully requests
that
the Board
enter an order in favor of Respondent and against Complainant.
Count III
FAILURE TO SUBMIT TIMELY ANNUAL EMISSION 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.
-7-
ANSWER:
Respondent realleges
and incorporates
by reference
herein its answers and objections to 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.
ANSWER:
Respondent admits that by letter dated August
7,
2002 it
filed its Annual Emission Reports for 1995-2001 with the Illinois EPA.
Respondent denies the allegations set forth in paragraph
12 ofCount III.
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;
ANSWER:
Respondent admits
the allegations set forth in paragraph
13
of Count III.
14.
Section
201.302(a) ofthe Board regulations,
35
Iii. 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
-8-
require more frequent reports where necessary to accomplish the
purpose ofthe Act and this Chapter.
ANSWER:
Respondent admits
the allegations set forth in paragraph
14 of Count III.
15.
Section 211.1950
ofthe 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.
ANSWER:
Respondent admits the allegations set forth in paragraph
15
of Count
III.
16.
Section 211.6370 ofthe Board regulations provides, as follows:
“Stationary Source” means any building,
structure, facility, or
installation
that
emits
or may emit any air pollutant.
ANSWER:
Respondent admits
the allegations set forth in paragraph
16 of Count III.
17.
Respondent’s facility
is
a “stationary source” as that term is defined in
35 Ill. Adm.
Code 211.6370.
ANSWER:
Respondent denies the allegations
set forth in paragraph
17 of Count III as it calls for a legal
conclusion.
18.
The emissions
sources at the Site are “emission units”
as that term is
defined in
35
Ill. Adm.
Code
211.1950.
ANSWER:
Respondent denies the allegations set forth in paragraph
18 ofCount III as it calls for a legal conclusion.
-9-
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.
ANSWER:
Respondent admits the allegations set forth in paragraph
19
of Count III.
20.
The Respondent is the owner or operator ofthe VOM sources, and
therefore was required to submit Annual Emission Reports,
according to the
scheduled set forth in
35
Ill. Adm.
Code
254. 137, for each calendar year from
1992 until the present.
ANSWER:
Respondent
admits that it has filed annual
emission
reports with the Illinois
EPA for 1995-2002.
Respondent denies the
remaining allegations
set forth in paragraph 20
of Count
III.
21.
By
failing to submit Annual Emission Reports for the years
1992
through 2001 until August 8, 2002,
Respondent violated Sections 20 1.302(a)
and 254.137 ofthe 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.
ANSWER:
Respondent denies the allegations set forth in paragraph
21 of Count III as it calls for a legal conclusion.
WHEREFORE,
Packaging Personified,
Inc., respectfully requests
that
the Board
enter an order in favor ofRespondent and against Complainant.
-
10
-
Count TV
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 III as paragraphs
1
through
9 ofthis
Count IV.
ANSWER:
Respondent realleges
and incorporates
by reference
herein its answers and objections to paragraphs
1 through
8, and paragraph
13,
of Count III as paragraphs
1 through
9 ofthis 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.
ANSWER:
Respondent admits
the allegations set forth in paragraph
10
of Count IV.
-
11
-
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.
“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 ofthe 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..
ANSWER:
Respondent
admits the allegations set forth in paragraph
11
of Count IV.
12.
Section
39.5(2) of the Act,
415
ILCS
5/39.5(2) 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:
-
12
-
iii.
A major stationary source
as defined in part D ofTitle I of
the Clean Air Act including:
A.
For ozone nonattainment
areas,
Sources with the
potential
to emit
100 tons
or more per year ofvolatile
organic compounds or oxides ofnitrogen in areas
classified as “marginal” or.
.
.
to emit 25 tons or more per
year in areas
classified as severe.
ANSWER:
Respondent admits the allegations set forth in paragraph
12 of Count IV.
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).
ANSWER:
Respondent denies the allegations set forth in paragraph
13 of Count IV as it calls for a legal conclusion.
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).
ANSWER:
Respondent denies the allegations set forth in paragraph
14 of Count IV as it calls for a legal conclusion.
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.
ANSWER:
Respondent
admits the allegations set forth in paragraph
15
of Count IV.
-13-
16.
Section 270.201(b) ofthe 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 and
allied products);
27 (printing and publishing).
ANSWER:
Respondent admits the allegations set forth in paragraph
16 of Count IV..
17.
Respondent began operation ofemissions
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.
ANSWER:
Respondent admits that it submitted its Clean Air Act
Permit Program application to the Illinois EPA by letter dated July
1,
2002.
Respondent
denies the remaining allegations set forth in paragraph
17
of
Count IV.
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) ofthe 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
Iii. 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.
ANSWER:
Respondent
denies the allegations set forth in paragraph
18
of Count IV as it calls for a legal conclusion.
WHEREFORE, Packaging Personified,
Inc., respectfully requests that
the Board
enter an order in favor ofRespondent
and against Complainant.
-
14
-
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.
ANSWER:
Respondent reafleges and incorporates by reference
herein its answers and objections to paragraphs
1 through
9, and paragraphs
11 through
14, ofCount 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
III.
Adm.
Code, Part
203
(“Board Major Source
regulations”).
ANSWER:
Respondent admits the allegations set forth in paragraph
14 of Count V.
15.
Section
203.201
ofthe 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
pollutant.
In areas designated
for ozone, this prohibition
shall apply to
new major stationary
sources or major modifications
ofsources that
emit volatile
organic materials or Nitrogen
Oxides.
*
*
*
ANSWER:
Respondent admits the allegations set forth in paragraph
15
of Count V.
16.
Section
203.203
of the Board Major Source Regulations,
35 Iii. Adm.
Code 203.203,
provides, in pertinent part, as follows:
-
15
-
a)
A construction permit is required prior to actual construction
of
a major new source or major modification.
*
*
*
ANSWER:
Respondent admits the allegations set forth in paragraph
16
of Count V.
17.
Section
203.301
ofthe Board Major Source regulations,
35 Iii. 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 ofa 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.
.
ANSWER:
Respondent admits the allegations set forth in paragraph
17 of Count V.
18.
During the years
1992,
1994, and
1995, the Respondent commenced
construction ofemission
sources at the Site, a new major source, without
first
having applied for and obtained a construction permit from Illinois EPA. The
Respondent thereby violated Section 203.203, and thereby also violated
Section 9(a) ofthe Act, 415 ILCS
5/9(a) (2002), and 35
Ill. Adm.
Code 203.201.
ANSWER:
Respondent admits that
it constructed
certain emission
sources without first having applied for and obtained construction permits
-
16
-
from the Illinois EPA.
Respondent denies the remaining allegations
set forth
in paragraph
18 ofCount
V.
19.
The Respondent operated a new major stationary
source without
having first demonstrated that control equipment and process measures at
its facility complied with
LAER.
Respondent thereby violated Section
203.30 1
of the Board. Major
Source regulations,
35 Ill. Adm.
Code 203.301, and
thereby also violated Section 9(a) ofthe Act, 415 ILCS 5/9(a) (2002) and 35
Ill. Adm. Code 203.201. Respondent’s
violations were willful, knowing,
and
repeated.
ANSWER:
Respondent denies the allegations set forth in paragraph
19 ofCount V as it calls for a legal conclusion.
WHEREFORE, Packaging Personified, Inc., respectfully requests that
the Board enter an order in favor of Respondent and against Complainant.
Count VI
EMISSION 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.
ANSWER:
Respondent realleges and incorporates
by reference
herein its answers and objections to paragraphs
1 through
13 of Count III as
paragraphs
1 through
13 ofthis 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.
-
17-
ANSWER:
Respondent admits that its VOM emissions during the
five-month period May
1
-
September
30, for the years
2000, 2001
and 2002
were more than ten tons each year.
Respondent denies the remaining
allegations set forth in paragraph
14 of Count VI.
15.
Respondent did not submit annual emission reports listing seasonal
emissions for the years
2000,
2001, and
2002, until May 16,
2003.
ANSWER:
Respondent admits
that it submitted to the Illinois EPA
its seasonal VOM emissions for 2000,
2001 and 2002.
Respondent denies the
remaining
allegations set forth in paragraph 15 of Count VI.
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
Iii. Adm.
Code, Part
205
(“ERMS regulations”)
ANSWER:
Respondent admits the allegations set forth in paragraph
16
of Count VI.
17.
Section 205.130 of the ERMS regulations,
35
Ill. Adm.
Code 205.130
provides, in pertinent part, as follows:
“Annual Emissions
Report” means the report submitted
to the Agency
annually pursuant
to
35
Iii. 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 ofthe Act (415 ILCS 5/39.5.
-
18
-
“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
ofVOM.
“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.
ANSWER:
Respondent admits the allegations set forth in paragraph
17
of Count VI.
18.
From at least
1997 until
the present,
Respondent’s facility had
seasonal emissions
of at least
10 tons ofVOM, 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”.
ANSWER:
Respondent admits that
its VOM emissions
during the
five-month period May
1 through
September
30 for years
2000-2002 were in
excess of 10 tons each year.
Respondent denies the remaining allegations
set
forth in paragraph
18 of Count VI.
19.
Section
205.310 ofthe ERMS regulations,
35
Iii. 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 following schedule:
-
19
-
1)
For a participating
source with
baseline emissions
ofat least
10
tons of VOM, as determined in accordance with
Section 20 5.320(a) of
this Subpart, by March
1,
1998;
*
*
*
ANSWER:
Respondent admits the allegations set forth in paragraph
19 of Count VI.
20.
Section
205.300 of the ERMS regulations,
35 Iii. 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 ofits Annual Emissions Report, seasonal
emissions information to the Agency for each seasonal allotment period
after the effective date ofthis Part in accordance with the following
schedule:
1)
For each participating
source or new participating
source
that generates
VOM emissions
from less than
10
emission units, by
October 31 of each year; and
ANSWER:
Respondent admits the allegations set forth in paragraph
20 of Count VI.
21.
Section 254.501 ofthe 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
Iii. Adm.
Code 205.300 must provide the following information:
1)
Source identification information:
A)
Source name, physical location and mailing
address;
-
20
-
B)
Name ofResponsible
Official; and
C)
Source contact telephone number.
*
*
*
b)
The owner or operator of a participating
source or
new participating
source under 35
Ill. Adm.
Code 205
must provide total
seasonal actual
emissions ofhazardous
air pollutants
(HAPs) that are also VOM for the following
HAP5:
*
*
*
c)
The owner or operator of each participating
source
or new participating
source under
35
Iii. Adm.
Code 205
must
provide responses to the following questions
regarding VOM HAPs for the seasonal allotment period
addressed in the Seasonal Emissions Report:
1)
To your knowledge, did emissions
ofany
HAP increase at your source due to receipt or
expected receipt of additional
Allotment Trading
Units (ATUs)?
*
*
*
ANSWER:
Respondent admits the allegations
set forth in paragraph
21 of Count VI.
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
205.3 10 ofthe ERMS 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.
ANSWER:
Respondent denies the allegations set forth in paragraph
22 of Count VI as it calls for a legal conclusion.
23.
Respondent’s facility contains less than
10 emissions
sources.
Respondent was therefore required to submit seasonal emission information
-
21
-
for the years
2000, 2001, and 2002,
conforming with
35
III.
Adm.
Code
Sections 205.300
and 254.501, by October 31st of each respective year.
ANSWER:
Respondent
denies the allegations set forth in paragraph
23 ofCount VI as it calls for a legal conclusion.
24.
By failing to submit seasonal emission information for any year until
May 16, 2003, Respondent violated
35 Ill. Adm. Section 9(a) ofthe Act, 415
ILCS
5/9(a)(2002). Respondent’s violations were
willful, knowing,
and
repeated.
ANSWER:
Respondent denies the allegations set forth in paragraph
24 of Count VI as it calls for
a
legal
conclusion.
WHEREFORE, Packaging Personified,
Inc., respectfully requests that
the Board enter an order in favor of Respondent and against Complainant.
Count VII
VIOLATION OF FLEXOGRAPHIC
PRINTING RULES:
FAILURE TO DEMONSTRATE
COMPLIANCE
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.
ANSWER:
Respondent realleges and incorporates
by reference
herein its answers and objections to paragraphs
1 through
8, and paragraph
13, of Count III, as paragraphs
1 through
9 ofthis. 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)
**
-
22
-
Suntex H/R Silver
67.5
Sunsheen 021
Orange
57.69
Sunsheen Madras Orange
59.3
\~IethylViolet Base
62.97
Sunsheen Pant Purple
71.3
~/C
Carbozole Purple
86.62
*
Trade names of Sun Chemical Company
**
VOC content does not include water or other excluded substances
ANSWER:
Respondent admits that it applied or applies flexographic
printing
inks identified in paragraph
10 of Count VII.
Respondent denies the
remaining allegations set forth in paragraph
10 of Count VII.
11.
From at least September
27,
1993 until
the time offiling 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 VOM content, and
failed to record the daily weighted average ofVOM content of flexographic
inks used at the Site.
ANSWER:
Respondent
denies the allegations set forth in paragraph
11
of
Count
VII.
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
(“O/M” Emission regulations”).
ANSWER:
Respondent
admits the allegations set forth in paragraph
12
of Count VII.
13.
Section 218.103
ofthe
O/M Emission regulations,
35
Iii. Adm.
Code
218.103, provides, in pertinent
part,
as follows:
Applicability
-
23
-
The provisions ofthis Part
shall apply to all sources located in the
Chicago area, which is
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.
*
*
*
ANSWER:
Respondent admits the allegations set forth in paragraph
13
of Count
VII.
14.
Section 218.106 ofthe 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
ofthis Part,
compliance with the
requirements of all rules is required
by July
1,
1991.
.
*
*
*
ANSWER:
Respondent admits the allegations
set forth in paragraph
14 of Count VII.
15.
Subpart H ofthe O/M 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 DuPage County,
Illinois.
ANSWER:
Respondent admits the allegations set forth in paragraph
15
of Count VII.
16.
Section
2 18.402
of the Flexographic Printing rules,
35
Iii. Adm.
Code
28 1.402 provides,
in pertinent part, as follows:
a)
The limitations ofSection 218.401 ofthis Part apply to all
flexographic and rotogravure printing lines at a subject source. Sources
-
24
-
with flexographic and/or rotogravure printing lines are subject sources
if:
*
*
*
2)
The flexographic and rotogravure printing lines(s).
.
.
at
the sources have a potential
to emit (25 tons
or more of VOM
per year.
ANSWER:
Respondent admits the allegations set forth in paragraph
16 of Count VII.
17.
Respondent’s four flexographic printing lines have the potential
to emit
more than 25
tons
ofVOM 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” ofsubject flexographic printing emission sources.
ANSWER:
Respondent admits that its four flexographic printing
lines emit VOM.
Respondent
denies the remaining allegations
set forth in
paragraph
17 of Count VII.
18.
Section 218.401 of the Board Printing Rules,
35 Iii. 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 VOM 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 2 18.404(c) of this Part.
.
.
1)
Forty percent VOM by volume of the coating and ink
(minus water
and any compounds which are specifically
exempted from the definition of VOM), or
*
*
*
-
25
-
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)
as
determined by
subsection
(b)(1)1
or subsection (a)(2) (as determined
by subsection
b(2)J.
Compliance with this
subsection must be demonstrated through
the applicable coating or ink analysis test methods and procedures
specified in Section 218.105(a) ofthis Part
and the recordkeeping and
reporting requirements
specified in Section 218.404(d) of. this Part.
ANSWER:
Respondent admits the allegations set forth in paragraph
18 of Count VII.
19.
From September 27,
1993 until the date offiling this complaint, the
Respondent applied inks with a VOM content in excess of forty percent,
without performing any analysis of ink usage or otherwise demonstrating
compliance with Section 218.401 ofthe Flexographic Printing Rules,
218.401.
The Respondent thereby violated
35 Ill. Adm.
Code 218.401,
and thereby also
violated Section 9(a) ofthe Act, 415
ILCS
5/9(a) (2002).
Respondent’s
violations
were willful, knowing,
and repeated.
ANSWER:
Respondent admits that it applied inks with a VOM
content in excess of 40.
Respondent denies the remaining allegations
set
forth in paragraph
19 of Count VII.
WHEREFORE, Packaging Personified,
Inc., respectfully requests that
the Board enter an order in favor ofRespondent
and against Complainant.
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 ofthis
Count VIII.
-
26
-
ANSWER:
Respondent realleges
and incorporates by reference
herein its answers and objections to paragraphs
1 through
17,
of Count VII,
as paragraphs
1 through
17 ofthis
Count VIII.
18.
Section
218.404
of the Board Printing Rules
effective
September 27,
1993,
provides, in pertinent part, as follows:
Recordkeeping
and Reporting
*
*
*
c)
Any owner or operator ofa 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 2 18.106 of
this Part,
or on and after the initial
start-up date, the owner or
operator of a printing line
subject to the limitations ofSection
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 ofthree
years:
A)
The name and identification number ofeach
coating and ink as applied on each printing
line.
B)
The VOM content of each coating and
ink as
applied each day
on each printing
line.
*
*
*
d)
Any owner or operator ofa 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
2 18.106 of
this Part,
or on and after the initial start-up
date, the owner or
operator ofa printing line
subject to the limitations
of Section
218.401 of this Part.
.
.
shall collect and record all
ofthe
following information each day for each printing line and
maintain
the information
at the source for a period of three
years:.
-
27
-
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.
ANSWER:
Respondent admits the allegations set forth in paragraph
18
of Count VIII.
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 ofinks
and coatings used and applied at its facility. Respondent
thereby violated Section
2 18.404(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) ofthe Act, 415
ILCS
5/9(a)
(2002). Respondent’s
violations were willful, knowing,
and repeated.
ANSWER:
Respondent denies the allegations set forth in paragraph
19 of Count VIII.
WHEREFORE,
Packaging Personified,
Inc., respectfully requests that
the Board enter an order in favor of Respondent and against Complainant.
Respectfully
submitted,
PACKA
By:
Mark J. Steger, Esq.
Holland & Knight LLP
131
S. Dearborn
Street, 30th Floor
Chicago, Illinois
60603
(312) 263-3600
-
28
-
CERTIFICATE OF SERVICE
Mark J.. Steger, one ofthe attorneys for Packaging Personified, Inc.,
states that he caused a copy ofthe foregoing Notice of Filing and Answer
to be
served via U.S. Mail before the hour of5:00 p.m. on January
16,
2004 to:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100
West Randolph Street
Suite 11-500
Chicago, Illinois
60601
Mark J. Steger, Esq.
Holland
& Knight LLP
131 S. Dearborn
Street, 30th Floor
Chicago, IL 60603
(312) 236-3600
# 723226_vi
Christopher J. Grant
Assistant Attorney General
Office ofthe Attorney General
Environmental Bureau
188
W. Randolph,
20th Floor
Chicago, IL 60601
Mark J. Steg~/
(j
-
29
-
