RECE~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JAN
302004
PEOPLE OF THE STATE OF ILLINOIS,
)
STATEOFILLINOIS
by
LISA MADIGAN, Attorney General
)
Pollution Control Board
of the State of Illinois,
Complainant,
v.
)
GF OFFICE FURNITURE, LTD. L.P.,
)
PCB No.
_________
£,1~f3S
a Limited Partnership,
)
(Enforcement
-
Air)
OFFICE SUITES, INC., an Illinois
Corporation and Subsidiary of
GF Office Furniture, Ltd. L.P., and
GF FURNITURE HOLDING, INC.,
a Foreign Corporation and General
Partner of GF Office Furniture,
Ltd. L.P.,
Respondents.
NOTICE OF FILING
TO: Pamela Foster, Esq. (for all Respondents)
Legal Department
National Material
1965 Pratt Boulevard
Elk Grove Village, IL 60007
PLEASE TAKE NOTICE that I have today filed the Complaint with
the Office of the Clerk of the Illinois Pollution Control Board, a
true and correct copy of which is attached hereto and herewith
served upon you. Pursuant to 35 Ill. Adm. Code 103.204(f), I am
required to advise you that 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.~
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
of the State of Illinois
BY:
__________
MICHAEL C. PARTEE
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, Suite 2001
Chicago, Illinois 60601
(312) 814-2069
Attorney No. 99000
RECE~vED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JAN 302004
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General )
PoHu~onCon~oIBo&d
of the State of Illinois,
Complainant,
v.
GF OFFICE FURNITURE, LTD. L.P.,
)
PCB No.
~J ...)
a Limited Partnership,
)
,
(Enforcement
-
Air)
OFFICE SUITES, INC., an Illinois
Corporation and Subsidiary of
GF Office Furniture, Ltd. L.P., and
GF FURNITURE HOLDING, INC.,
a Foreign Corporation and General
Partner of GF Office Furniture,
Ltd. L.P.,
Respondents.
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN,
Attorney General of the State of Illinois, complains of
Respondents, GF OFFICE FURNITURE, LTD. L.P., a limited partnership,
OFFICE SUITES, INC., an Illinois corporation and subsidiary of GF
Office Furniture, Ltd. L.P., and GF FURNITURE HOLDING, INC., a
foreign corporation and general partner of GF Office Furniture,
Ltd. L.P., as follows:
COUNT I
CAUSING OR ALLOWING AIR POLLUTION
1. This Count 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 pursuant to Section 31 of the
Illinois Environmental Protection Act (“Act”), 415 ILCS 5/31
(2002)
2. At all times relevant to this Complaint, Respondent GF
OFFICE FURNITURE, LTD. L.P., was and is a limited partnership
organized in Delaware.
3. At all times relevant to this Complaint, Respondent
OFFICE SUITES, INC., was and is an Illinois corporation and a
subsidiary of Respondent GF Office Furniture, Ltd. L.P. At all
times relevant to this Complaint, Office Suites, Inc., was and is
the operator of a wooden office furniture manufacturing facility
located at 1034 South Kostner Avenue, Chicago, Cook County,
Illinois (“facility”)
4. At all times relevant to this Complaint, Respondent GF
FURNITURE HOLDING, INC., was and is a Nevada corporation and a
‘general partner of GF Office Furniture, Ltd. L.P. At all times
relevant to this Complaint, GF Furniture Holding, Inc., was and is
the owner of the facility.
5. Since at least 1994 or a date better known to
Respondents, the facility contained seven wood furniture coating
spray booths and conveyorized infrared drying ovens, an adhesive
spray booth, various woodworking equipment, and four natural gas-
fired boilers.
6. As a result of the woodworking and coating operations at
the facility, volatile organic material (“VOM”) and particulate
matter (“PM”) were and are emitted to the environment.
7. On December 20, 2000, pursuant to the Clean Air Act
Permit Program (“CAAPP”) under Section 39.5 of the Act, 415 ILCS
5/39.5 (2002), the Illinois EPA issued permit no. 96020120 to
2
Office Suites, Inc., for the facility. CAAPP permit no. 96020120
has an expiration date of December 20, 2005.
8. Respondents’ facility is subject to the Act, the
Illinois Pollution Control Board’s (“Board”) Air Pollution
Regulations promulgated under the Act at Title 35, Subtitle B,
Chapter I of the Illinois Administrative Code, and the terms and
conditions of CAAPP permit no. 96020120.
9. Section 3.315 of the Act, 415 ILCS 5/3.315 (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, agency or
assigns.
10. Respondents are “persons” as that term is defined in
Section 3.315 of the Act.
11. Section 3.165 of the Act, 415 ILCS 5/3.165 (2002),
provides as follows:
‘TCONTAMINANT” is ~any solid, liquid, or gaseous matter,
any odor, or any form of energy, from whatever source.
12. Section 3.115 of the Act, 415 ILCS 5/3.115 (2002),
provides as follows:
11AIR 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.
13. The VOM and PM emitted from Respondents’ facility are
“contaminants” as that term is defined in Section 3.165 of the Act.
3
14. These contaminants have existed in sufficient quantities
arid 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 to
constitute “air pollution” as that term is defined in Section 3.115
of the Act.
15. Section 8 of the Act, 415 ILCS 5/8 (2002), provides as
follows:
The General Assembly finds that pollution of the air of
this State constitutes a menace to public health and
welfare, creates public nuisances, adds to cleaning
costs, accelerates the deterioration of materials,
adversely affects agriculture, business, industry,
recreation, climate, and visibility, depresses property
values, and offends the senses.
It is the purpose of this Title to restore, maintain,
and enhance the purity of the air of this State in order
to protect health, welfare, property and the quality of
life and to assure that no air contaminants are
discharged into the atmosphere without being given the
degree of treatment or control necessary to prevent
pollution.
16. Section 9(a) of the Act, 415 ILCS 5/9(a) (2002),
provides as follows:
Acts prohibited. 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;
. . .
17. Section 201.141 of the Board’s Air Pollution
Regulations, 35 Ill. Adm. Code 201.141, provides, in relevant part,
as follows:
4
Prohibition of Air Pollution.
No person shall cause or threaten 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
. .
18. By causing, threatening or allowing the discharge or
emission of contaminants into the environment from their facility
from at least 1994 until the present so’ as to unreasonably
interfere with the enjoyment of life and/or property of nearby
residents, Respondents caused or tended to cause air pollution in
Illinois.
19. By causing or tending to cause air pollution in
Illinois, Respondents violated Section 9(a) of the Act and Section
201.141 of Board’s Air Pollution Regulations.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Illinois Pollution Control Board
enter an order in favor of Complainant and against Respondents on
‘this Count I:
1. Authorizing a hearing in this matter at which time
Respondents will be required to answer the allegations herein;
2. Finding that Respondents violated the Act and
regulations as alleged herein;
3. Ordering Respondents to cease and desist from any
further violations of the Act and regulations;
4. Assessing against Respondents a civil penalty of Fifty
Thousand dollars ($50,000.00) for each violation of the Act and an
additional Ten Thousand Dollars ($10,000.00) for each day during
5
which the violation continued;
5. Assessing against Respondents the Complainant’s costs
and reasonable attorney’s fees; and
6. Granting such other relief as the Board deems
appropriate.
COUNT
II
FAILURE TO PARTICIPATE IN ERMS
1. This Count 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
EIWIRONMENTAL PROTECTION AGENCY (“Illinois EPA”) pursuant to
Section 31 of the Act.
2. The Illinois EPA is an agency of the State of Illinois
created by the Illinois General Assembly in Section 4 of the Act,
415 ILCS 5/4 (2002), and charged,
inter alia,
with the duty of
enforcing the Act.
3-11. Complainant realleges and incorporates by reference
paragraphs 2 through ‘10 of Count I as paragraphs 3 through 11 of
this Count II.
12. The Emissions Reduction Market System (“ERMS”) under 35
Ill. Adm. Code Part 205 is described in Section 6.1 of CAAPP permit
no. 96020120, in relevant part, as follows:
6.0 Emissions Reduction Market System (ERMS)
6.1 Description of ERMS.
The ERMS is a “cap and trade” market system
for major stationary sources located in the
Chicago ozone nonattainment area. It is
designed to reduce VOM emissions from
6
stationary sources to contribute to reasonable
further progress toward attainment, as
required by the Clean Air Act
The ERMS addresses VOM emissions during a
seasonal allotment period from May 1 through
September 30. Participating sources must hold
“allotment trading units” (ATUs) for their
actual seasonal VOM emissions. Each year
participating sources are issued ATU5 based on
allotments set in the sources’ CAAPP permits.
These allotments are established from
historical VOM emissions or “baseline
emissions” lowered to provide the emissions
reductions from stationary sources required
for reasonable further progress.
By December 31 of each year, the end of the
reconciliation period following the seasonal
allotment period, each source should have
sufficient ATU5 in its transaction account to
cover its actual VOM emissions during the
preceding season
. .
13. The applicability of ERMS to Respondent~’ facility is
covered by Section 6.2 of CAAPP permit no. 96020120, which provides
as follows:
Applicability.
This permit is issued based on this source not being a
participating source in the Emissions Reduction Market
System (ERMS)
,
35 IAC Part 205, pursuant to 35 IAC
Section 205.200. This is based on the source’s actual
VOM emissions during the seasonal allotment period from
May 1 through September 30 of each year being less than
10 tons and’ the source’s baseline emissions also being
less than 10 tons.
14. On about November 27, 2001, Office Suites, Inc.,
reported to the Illinois EPA that the facility’s VOM emissions for
the ERMS seasonal allotment period from May 1, 2001, through
September 30 2001, were approximately 12.99 tons.
15. On about February 20, 2002, Office Suites, Inc.,
reported to the Illinois EPA that the facility’s VOM emissions for
7
the ERMS seasonal allotment period from May 1, 2000, through
September 30, 2000, were approximately 11.08 tons.
16. The Illinois EPA then determined that the facility’s VOM
emissions for the ERMS seasonal allotment period from May 1, 1999,
through September 30, 1999, were at least 10 tons.
17. Respondents did not participate in ERMS in 2000 and 2001
by holding sufficient ATU5 to cover their actual VOM emissions by
December 31 of each of these years.
18. Section 9.2.1 of CAAPP permit no. 96020120 provides as
follows:
9.2 General Obligations of Permittee.
9.2.1
Duty to Comply.
The Permittee must comply with all terms
and conditions of this permit. Any
permit noncompliance constitutes a
violation of the Clean Air Act and the
Act, and is grounds for any or all of the
following: enforcement action, permit
termination, revocation and reissuance,
modification, or denial of a permit
renewal application Section
39.5(7) (o) (i) of the Act
The Permittee shall meet applicable
requirements that become effective during
the permit term in a timely manner unless
an alternate schedule for compliance with
the applicable requirement is
established.
19. Section 39.5 of the Act, 415 ILCS 5/39.5 (2002),
provides, in relevant part, as follows:
Clean Air Act Permit Program.
***
(6) Prohibitions.
8~
(a) 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 Agency under this Section or to
violate any other applicable requirements.
All terms and conditions of a permit issued
under this Section are enforceable by USEPA
and citizens under the Clean Air Act, except
those, if any, that are specifically
designated as not being federally enforceable
in the permit pursuant to paragraph 7(m) of
this Section.
***
(7) Permit Content.
***
(o) Each CAAPP permit issued under subsection 10
of this Section shall include provisions
stating the following:
i) Duty to comply. The permittee must comply
with all terms and conditions of the
CAAPP permit. Any permit noncompliance
constitutes a violation of the Clean Air
Act and the Act, and is grounds for any
or all of the following: enforcement
action; permit termination, revocation
and reissuance, or modification; or
denial of a permit renewal application
20. Section 205.200 of the Board’s Air Pollution
Regulations, 35 Ill. Adm. Code 205.200, provides, in relevant part,
as follows:
Participating source.
The requirements of this Part shall apply to any source
operating prior to May 1999, located in the Chicago ozone
nonattainment area, that is required to obtain a CA~PPpermit
and has
. . .
seasonal emissions of at least 10 tons in any
seasonal allotment period beginning in 1999. Each
participating source shall hold ATUs, as specified in
205.150(c) of this Part, in accordance with the following
schedule:
9
(a) For any participating source that has baseline
emissions of at least 10 tons of VON, as determined
in accordance with Section 205.320(a) of this Part,
beginning with the 1999 seasonal allotment period;
(b) For any source that first becomes a participating
source because its VOM emissions increase to 10
tons per season or more in any seasonal allotment
period beginning with 1999 and this emissions
increase is not a major modification pursuant to 35
Ill. Adm. Code 203, beginning with the first
seasonal allotment period after such increased
emissions occurred;
. .
21. The VOM emissions from Respondents’ facility were at
least 10 tons during the 1999 seasonal allotment period and,
pursuant to Section 205.200 of the Board’s Air Pollution
Regulations, Respondents were required to participate in ERMS by
purchasing the required ATU5 beginning in 2000, which is the first
seasonal allotment period after the facility’s seasonal VON
emissions increased to at least’ 10 tons.
22. The VOM emissions from Respondents’ facility for the
2000 and 2001 seasonal allotment periods also exceeded 10 tons, but
Respondents failed to participate in ERMS by purchasing sufficient
ATU5 to cover their actual VOM emissions for these seasons.
23. By emitting in excess of 10 tons of VON during the 1999,
2000 and 2001 seasonal allotment periods, but failing to
participate in ERNS during 2000 and 2001, Respondents violated
Section 9.2.1 of CAAPP permit no. 96020120.
24. By violating Section 9.2.1 of CAAPP permit no. 96020120,
Respondents violated Section 39.5 of the Act and Section 205.200 of
the Board’s Air Pollution Regulations.
10
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Illinois Pollution Control Board
enter an order in favor of Complainant and against Respondents on
this Count II:
1. Authorizing a hearing in this matter at which time
Respondents will be required to answer the allegations herein;
2. Finding that Respondents violated the Act and
regulations as alleged herein;
3. Ordering Respondents to cease and desist from any
further violations of the Act and regulations;
4. Assessing against Respondents a civil penalty of Ten
Thousand dollars ($10,000.00) for each day during which the
violations continued;
5. Assessing against Respondents the Complainant’s costs
and reasonable attorney’s fees; and
6. Granting such other relief as the Board deems
appropriate.
COUNT III
FAILURE TO APPLY FOR ERMS EXEMPTION
1-19. Complainant realleges and incorporates by reference
paragraphs 1 through 19 of Count II as paragraphs 1 through 19 of
this Count III.
20. Respondents did not obtain an exemption from ERMS during
2000 and 2001 by operating with seasonal VOM emissions of no more
than 15 tons pursuant to a limitation applied for and established
in their CAAPP permit.
11
21. Condition 6.3(b) of CAAPP permit no. 96020120, provides
as follows:
Recordkeeping and Reporting.
***
(b) In the event that the source’s VOM emissions during
the seasonal allotment period equal or exceed 10
tons, the source shall become a participating
source in the ERMS and beginning with the following
seasonal allotment period, shall comply with 35
Ill. Adm. Code, by holding allotment trading units
(ATU5) for its VOM emissions during each seasonal
allotment period, unless the source obtains
exemption from the ERMS by operating with seasonal
VON emissions of no more than l5,tons pursuant to a
limitation applied for and established in its CAAPP
permit.
22. Section 205.205 of the Board’s Air Pollution
Regulations, 35 Ill. Adm. Code 205.205 (2002), provides, in
relevant part, as follows:
Exempt Source.
***
(a) (2) If the source is required to participate in
the ERMS in any seasonal allotment period
after 1999 because its VON emissions increase
to 10 tons or more in any seasonal allotment
period beginning with 1999 in accordance with
Section 205.200(b) of this Subpart, such
source shall apply for the applicable permit
limitation by December 1 of the first year in
which its seasonal emissions are at least 10
tons.
23. Because Respondent did not participate in ERMS in 2000
and 2001, pursuant to Section 205.205 of the Board’s Air Pollution
Regulations and Condition 6.3(b) of CAAPP permit no. 96020120,
Respondents were required to obtain an exemption from ERMS during
2000 and 2001 by operating with seasonal VOM emissions of no more
12
than 15 tons pursuant to a limitation applied for and established
in their CAAPP permit.
24. Respondents failed to obtain an exemption from ERMS
during 2000 and 2001 by operating with seasonal VON emissions of no
more than 15 tons pursuant to a limitation applied for and
established in their CAAPP permit.
25. By failing to obtain an exemption from ERNS during 2000
and 2001 by operating with seasonal VON emissions of no more than
15 tons pursuant to a limitation applied for and established in
their CAAPP permit, Respondents violated Sections 6.3(b) and 9.2.1.
of CAAPP permit no. 96020120.
26. By violating Sections 6.3(b) and 9.2.1 of CAAPP permit
no. 96020120, Respondents violated Section 39.5 of the Act and
Section 205.205 of the Board’s Air Pollution Regulations.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Illinois Pollution Control Board
enter an order in favor of Complainant and against Respondents on
this Count III:
1. Authorizing a hearing in this matter at which time
Respondents will be required to answer the allegations herein;
2. Finding that Respondents violated the Act and
regulations as alleged herein;
3. Ordering Respondents to cease and desist from any
further violations of the Act and regulations;
13
4. Assessing against Respondents a civil penalty of Ten
Thousand dollars ($10,000.00) for each day during which the
violations continued;
5. Assessing against Respondents the Complainant’s costs
and reasonable attorney’s fees; and
6. Granting such other relief as the Board deems
appropriate.
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
of the State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
BY:
/~2~t41
ROSEMARIE CAZEAU, hief
Environmental Bur au
Assistant Attorney General
OF COUNSEL:
MICHAEL C. PARTEE
Environmental Bureau
Assistant Attorney General
188 West Randolph Street, Suite 2001
Chicago, Illinois 60601
Tel: (312)814-2069
Attorney ID# 99000
14
CERTIFICATE OF SERVICE
It is hereby certified that a true and correct copy of the
Complaint was sent by certified mail with return receipt requested
to each of the persons listed on the Notice of Filing on January
30, 2004.
BY:____
MICHAEL C. ARTEE
It is hereby certified that the originals plus nine (9) copies
of the foregoing were hand-delivered to the following person on
January 30, 2004:
Pollution Control Board, Attn: Clerk
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
BY:
__________________
MICHAEL C. PARTEE
