IRE
CE K
yED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
I~UG
1
0 2000
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE OFILLINOIS
by
JAMES
E.
RYAN,
Attorney
)
Pollution
Control Board
General of the State of Illinois
Complainant,
No.
PCB
v.
PLASTIC DECORATORS,
INC.,
an Illinois corporation,
Respondent.
NOTICE OF FILING
PLEASE TAKE NOTICE that
I have today filed a Complaint and
a
Certificate of Service,
on behalf of the People of the State
of
Illinois,
a copy of which is attached and herewith served upon you.
PEOPLE OF THE STATE OF ILLINOIS
JAMES
E. RYAN
Attorney General
State of Illinois
BY:
______
JOE~ilCA~RERA
Ass~tant Attorney General
Environmental Bureau
188
W.
Randolph Street,
20th
Floor
Chicago,
IL
60601
312/814-5282
DATE:
August
10,
2000
THIS FILING SUBMITTED ON RECYCLED PAPER
VIA REGISTERED MAIL
Ray DeMatteo,
C.E.O.
Plastic Decorators
Inc.
1330 Holmes Road
Elgin,
Illinois
60123
SERVICE LIST
RECEIVED
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
I\UG
1
0 2000
PEOPLE OF THE STATE
OF ILLINOIS,
)
STATE OFILLINOIS
by JAMES
E.
RYAN, Attorney
)
Pollution
Control Board
General of the State of Illinois
Complainant,
No.
PCB
o1~’-
v.
PLASTIC DECORATORS,
INC.,
an Illinois corporation,
Respondent.
COMPLAINT
FOR CIVIL
PENALTIES
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
by JAMES
E.
RYAN,
Attorney General
of the State of Illinois,
complains of Respondent,
PLASTIC DECORATORS,
INC.,
an Illinois corporation,
as follows:
COUNT
I
CONSTRUCTION
OF
A
MA~:roR
MODIFICATION
IN VIOLATION OF NEW SOURCE REVIEW’S EMISSION CONTROL
.AND
OFFSET REOUIREMENTS
l~
This Complaint is brought on behalf of the PEOPLE
OF THE
STATE
OF ILLINOIS,
(“Complainant”)
by JAMES
E.
RYAN,
Attorney General
of the State of Illinois,
on his own motion and upon the request
of
the Illinois Environmental Protection Agency (Tlllinois
EPA”)
pursuant
to the terms and provisions
of Section 31
of the Illinois
Environmental Protection Act
(“Act”),
415 ILCS 5/31(2000)
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
(2000),
and charged,
inter alia,
with the duty of enforcing the Act.
3.
At
all times relevant to this Complaint,
PLASTIC
DECORATORS,
INC.,
an Illinois corporation, (“Respondent”)
is an
Illinois corporation duly organized and existing under the
laws of the
State
of Illinois and is in good standing.
4.
The registered agent
for Respondent
is Norman Chimenti,
2215
South York Road,
Suite 550,
Oak Brook,
Illinois.
5.
At
all times relevant to this Complaint,
the Respondent has
and continues to operate at its facility located at 1330 Holmes Road,
Elgin, Kane
County,
IL
(“facility”).
6.
Respondent manufactures
a variety of automotive plastic
parts such as knobs,
switches,
dials,
control panels and bezels.
Respondent’s manufacturing process generally consists
of the formation
of the plastic parts in approximately thirty-two
(32)
injection
molding machines.
Once
formed,
the parts are coated with a variety of
primers,
black coatings and other high performance-type coating
materials.
Some parts
are also labeled by inkpad printing or laser
etching.
The primers and paints used in the manufacturing process
contain volatile organic material
(“VOM”.)
7.
Since
at least
1992 through the filing of the complaint,
the
Respondent has discharged or emitted greater than 25 tons/year of VON
from the facility into the environment
as part of its coating
operations.
8.
Beginning in 1984 and on dates better known to Respondent,
Respondent constructed and has operated the following air emission
sources at its facility:
twenty
(20)
spray booths,
thirty-four
(34)
2
molding machines,
twenty-nine
(29)
infra-red material dryers,
seventeen
(17)
pad print machines,
and twelve
(12)
laser machines.
9.
Section 3.06
of the Act,
415
ILCS 5/3.06
(2000),
contains
the following definition:
“CONTAMINANT”
is any
solid,
liquid,
gaseous
matter, any odor, or any form of energy, from
whatever source.
10.
Section 211.7150 of
the Illinois Pollution Control Board
(“Board”) Air Pollution Regulations,
35
Iii. Adm.
Code 211.7150,
provides the following definitions:
“Volatile Organic Material
(VOM)” or “Volatile Organic
Compound
(VOC)” means any compound of carbon, excluding
carbon monoxide,
carbon dioxide,
carbonic acid,
metallic
carbides or carbonates,
and ammonium carbonate,
which
participates
in atmospheric photochemical
reactivity.
11.
VOM is
a “contaminant”,
as that term is defined in Section
3.06 of the Act,
415
ILCS 5/3.06
(2000)
12.
Sections
3.26
of the Act,
415
ILCS 5/3.06
(2000),
provides
the following definition:
“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.
13.
The Respondent,
is
a
“person”
as the term is defined in
Section 3.26 of the Act,
415
ILCS 5/3.26
(2000).
14.
Chapter
I of Subtitle
B of
35
Ill. Adm.
Code sets forth the
Board Air Pollution Regulations.
15.
Section 211.1950 of the Board Air Pollution Regulations,
35
3
Ill. Adm.
Code 211.1950,
provides as follows:
Emission unit
“Emission unit” means any part
or activity at
a
stationary source that emits
or has the potential
to emit any air pollutant.
16.
Respondent’s facility contains numerous emission units that
are capable of emitting VON to the atmosphere.
17.
Section 9(a)
of the Act,
415
ILCS
5/9(a) (2000),
provides
as follows:
No person shall:
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.
18.
Section 201.141
of the Board Air Pollution Regulations,
35
Ill.
Adm.
Code 201.141,
provides
as follows:
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
.
19.
Section
9.1(c)
of the Act,
415
ILCS 5/9.1(c) (2000),
provides
as follows:
The Pollution
Control Board may adopt
regulations
establishing permit programs meeting
the requirements
of
Sections
165 and 173
of the Clean Air Act
(42 USC 7475 and
42
USC
7503)
as amended.
The Agency may adopt procedures
for
the administration
of
such programs.
4
20.
Section
9.1(d)
of the Act,
415 ILCS 5/9.1(d) (2000),
provides in pertinent part as follows:
No person shall:
Construct,
install, modify or operate any equipment,
building,
facility,
source or installation which
is
subject
to regulation under Sections
111,
112,
165,
or
173 of the Clean Air Act,
as now or hereafter amended,
except
in compliance with the requirements
of such
Sections and federal regulations adopted pursuant
thereto, and no such action shall be undertaken without
a permit granted by the Agency or in violation
of any
conditions imposed by such permit.
Any denial of such
a permit or any conditions
imposed in such a permit
shall be reviewable by the Board in accordance with
Section 40 of this Act.
21.
Section
172 of the Clean Air Act,
42 U.S.C.S.
7502
(1997), provides,
in pertinent part as follows:
(c)
Non-attainment
Plan Provisions.
The plan provisions
(including plan items)
required to be submitted under this
part
shall comply with each of the following:
(5)
Permits for New and Modified Major Stationary
Sources
—
Such plan provisions
shall require permits
for the construction and operation of new or modified
major stationary sources anywhere in the non-attainment
area,
in accordance with Section 173.
22.
Section
173 of the Clean Air Act,
42 U.S.C.S.
7503
(1997),
provides,
in pertinent part as follows:
In General
-
The permit program required by Section
172(b) (6)
shall provide that permits to construct and
operate may be issued if
-
(1)
in accordance with regulations issued by the
Administrator for the determination of baseline
emissions in
a manner consistent with the assumptions
underlying the applicable implementation plan approved
under section
110 and this part,
the permitting agency
determines that
—
5
(A)
by the time the source
is to commence
operation,
sufficient offsetting emissions
reductions
have been obtained,
such that the
total allowable emissions from existing
sources
(as determined in accordance with the
regulations under this paragraph)
prior to
the application for such permit to construct
or modify so as
to represent
(when considered
together with the plan provisions required
under section
172)
reasonable further
progress
(as defined in section
171);
or
*
*
*
(2)
the proposed source is required to comply with the
lowest achievable emission rate;
*
*
*
23.
Section 203.201
of the Board Air Pollution Regulations,
35
Ill. Adm.
Code 203.201, provides as follows:
Prohibition
In any non-attainment area, no person shall cause or 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 non-attainment
area,
except
as in
compliance with this
Part
for that pollutant.
In areas
designated non-attainment
for ozone,
this prohibition shall
apply to new major stationary sources or major modifications
of sources that emit volatile organic materials or nitrogen
oxides.
Revisions to this
Part which were adopted to
implement the Clean Air Act Amendments of 1990 shall not
apply to any new major stationary source or major
modification for which a permit application was submitted by
June
30,
1992
for PM-b,
May
15,
1992
for SO2
,
or by
November
15,
1992 for nitrogen oxides and volatile organic
material emissions for sources located in all ozone non-
attainment areas.
24.
Section 203.112 of the Board Air Pollution Regulations,
35
Iii. Adm.
Code 203.112, provides as follows:
6
Building,
Structure and Facility
The terms “building”,
“structure”, and “facility” include
all of the pollutant-emitting activities which belong to the
same industrial grouping,
are located on one or more
contiguous or adjacent properties, and are under the control
of the same person
(or persons under common control)
25.
Section 203.136
of the Board Air Pollution Regulations,
35
Ill. Adm.
Code 203.136, provides as follows:
Stationary Source
“Stationary source” means any building,
structure,
facility
or installation which emits or may emit any air pollutant
subject to regulation under the Act
or this Chapter,
or by
USEPA under the Clean Air Act
(42
U.S.C.
7401
et seq.).
26.
Section 203.206 of the Board
Air Pollution Regulations,
35
Ill. Adm.
Code 203.206, provides,
in pertinent part as follows:
Major Stationary Sources
(a)
For purposes of this
Part,
the term “major stationary
source” shall exclusively mean “building,
structure and
facility,”
as those terms are defined in Section 203.113 of
this
Part.
(b)
(1)
For
an
area designated as non-attainment for ozone,
a
major stationary source is a stationary source which
emits or has the potential to emit volatile organic
material in an amount equal to or greater than the
following:
*
*
*
C)
25 tons per year in an area classified as severe
non-attainment for ozone.
27.
Respondent’s facility is located in an area designated
severe non-attainment for ozone and constitutes a stationary source as
that term is defined by Section 203.136 of the Board Air Pollution
7
Regulations,
35
Ill. Adm.
Code 203.136.
28.
Respondent’s facility emitted,
and possessed the potential
to emit, VON emissions of at least 25 tons per year.
Respondent’s
facility,
therefore,
constituted a major stationary source,
as defined
by Sections 203.113 and 203.206(a)
of the Board Air Pollution
Regulations,
35
Ill. Adm.
Code 203.113 and 203.206 (a)
29.
Section 203.207 of the Board Air Pollution Regulations,
35
Ill. Adm.
Code 203.207, provides,
in pertinent part
as follows:
Major Modification
of a Source
a)
Except
as provided in subsection
(c),
(d),
(e),
or
(f)
below, a physical change,
or change in the method of
operation of a major stationary source that would result in
a significant net emissions increase of any pollutant for
which the area is designated a non-attainment area,
shall
constitute a major modification of a source.
30.
Section 203.208 of the Board Air Pollution Regulations,
35
Ill. Adm.
Code 203.208,
provides,
in pertinent part
as follows:
Net Emission Determination
A net emission increase in the amount by which the sum of any
increase
in actual emissions from a particular physical change or
change in method of operation at a source,
and any other
increases and decreases
in actual emissions
at the source that
are contemporaneous with the particular change and are otherwise
creditable,
exceeds zero.
The following steps determine whether
the increase or decrease in emissions
is available.
a)
Except for increases or decreases in volatile organic
material and nitrogen oxide emissions in serious and
severe ozone non-attainment areas which are
addressed in Section 203.209(b),
an increase or
decrease in actual emissions
is contemporaneous
only if
it occurs between the date that an
increase from
a particular change occurs and the
date five years before
a timely and complete
8
application
is submitted
for
the particular
change.
It must also occur after either April
24,
1979,
or the date the area is designated by the
United States Environmental Protection Agency as
a
non—attainment area for the pollutant, whichever
is more recent.
31.
Section 203.104 of the Board Air Pollution Regulations,
35
Ill.
Adm.
Code 203.104, provides in pertinent part
as follows:
Actual Emissions
“Actual Emissions” means
the actual rate of annual emissions
of
a
pollutant from an emissions unit as of a particular date.
Actual
emissions are equal to the average rate,
in tons per year,
at
which the emissions unit actually emitted the pollutant during
the two-year period which immediately precedes the particular
date or such other period which is determined by the Illinois
Environmental Protection Agency (Agency)
to be representative of
normal source operation.
32.
Section 203.209(b)
of the Board Air Pollution Regulations,
35
Ill.
Adm.
Code 203.209(b), provides as follows:
Significant Emissions Determination
b)
For areas classified as serious or severe non-attainment for
ozone,
an increase in emissions of volatile organic material
or nitrogen oxides shall be considered significant if the
net emissions increase of such air pollutant from a
stationary source located within such area exceeds 25 tons
when aggregated with all other net increases in emissions
from the source over any period of
5 consecutive calendar
years which includes the calendar year in which such
increase occurred. This provision shall become effective
beginning November 25,
1992,
or such later date than an area
is classified as a serious or severe non-attainment area for
ozone.
33.
The Respondent caused or allowed the construction of
numerous emission units in 1993 at the subject facility that resulted
in a significant net emissions increase in VON emissions.
9
Specifically,
the Respondent constructed spray-booths nos.
11,
12,
23,
24 and 25 in 1993 which resulted in an net emissions increase
in
actual VON emissions
of approximately
55 tons when compared to the
average rate of VOM emissions from the subject facility in the prior
two-year period.
As
a consequence of an increase in VON emissions
that exceeded the 25 ton significance threshold for a severe ozone
non-attainment area,
the Respondent caused or allowed a major
modification to an existing major source.
34.
The Respondent caused or allowed the construction of two
additional emission units in 1994 at the subject facility that
resulted in a significant net emissions increase in VON emissions.
Specifically,
the Respondent constructed spray-booths nos.
22 and 29
in 1994 that resulted
in a net emissions increase in actual VON
emissions
of approximately
50
tons when compared to the average rate
of VON emissions from the subject facility in the prior two-year
period.
As
a consequence of an increase
in VON emissions that
exceeded
the
25
ton
significance
threshold
for
a
severe
ozone
non-
attainment area,
the Respondent caused or allowed a major modification
to an existing major source.
35.
Section
203.301
of
the
Board
Air
Pollution
Regulations,
35
Ill.
Adm.
Code 203.301,
provides in pertinent part
as follows:
Lowest Achievable Emissions
a)
For any source,
the lowest achievable emissions rate
(LAER)
will be the more stringent rate of emissions based on the
following:
10
1)
The most stringent emission limitation which
is
contained in the implementation plan of any state
for
such class
or category of stationary source,
unless it
is demonstrated that such limitation
is not
achievable;
or
2)
The most stringent emission limitation which
is
achieved in practice by such
a class
or category of
stationary source.
*
*
*
c)
Except
as provided in subsection
(e)
or
(f)
below,
the owner
or operator of
a major modification shall demonstrate
that
the control equipment and process measures applied to the
major modification will produce LAER.
This requirement
applies to each emission unit at which a net increase
in
emissions of the pollutant has occurred or would occur as a
result
of a physical change or change in the method of
operation.
36.
Section 203.302 of the Board Air Pollution Regulations,
35
Ill.
Adm.
Code 203.302,
provides in pertinent part as follows:
Maintenance
of Reasonable Further Progress and Emission Offsets
a)
The owner or operator of
a new major source or major
modification shall provide emission offsets equal to or
greater than the allowable emissions from the source or the
net increase in emissions from the modification sufficient
to allow the Agency to determine that
the source
or
modification will not interfere with reasonable further
progress as
set forth in Section 173
of the Clean Air Act
(42 U.S.C.
7401 et seq.).
1)
For new major sources or major modifications
in ozone
non-attainment areas the ratio of total emission
reductions provided by emission offsets for volatile
organic material or nitrogen oxides to total increased
emissions of such contaminants
shall be
at least as
follows:
D)
1.3
to
1 in areas classified as severe;
*
*
*
11
37.
The Respondent failed to demonstrate LAER or obtain emission
offsets at the required 1.3
to
1 ratio in conjunction with the
construction of
the major modifications
at the subject facility in
both 1993 and
1994.
As such,
the Respondent violated Sections
9(a)
and 9.1(d)
of the Act,
415
ILCS
5/9.1(d) (2000),
and Sections 201.141
and 203.201 of the Board Air Pollution Regulations,
35
Ill. Adm.
Code
201.141 and 203.201.
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that
this Board enter judgment
in favor of
Complainant and against the Respondent,
PLASTIC DECORATORS,
INC.,
on
Count
I:
1.
Authorizing
a hearing
in this matter at which time
Respondent will
be required to answer the allegations herein;
2.
Finding that
the Respondent have violated Sections 9(a)
and
9.1(d)
of
the Act and 201.141 and 203.201 of
35
Ill. Adm.
Code;
3.
Ordering the Respondent
to cease
and desist from further
violations of Sections
9(a)
and 9.1(d)
of the Act and 201.141 and
203.201 of 35
Ill. Adm.
Code;
4.
Assessing
against the Respondent
a civil penalty of Fifty
Thousand Dollars
($50,000.00)
for each and every violation of the Act
and pertinent regulations,
with an additional penalty of Ten Thousand
Dollars
($10,000.00)
per day for each day of violation;
5.
Taxing all costs in this action pursuant
to Section 42(f)
of
the Act,
including attorney,
expert witness and consultant
fees,
12
against the Respondent;
and
6.
Granting such other relief as the Board deems appropriate
and just.
COUNT II
CONSTRUCTION OF EMISSION SOURCES WITHOUT A PERMIT
1-16.
Complainant realleges and incorporates by reference herein
paragraphs
1 through 16 of Count
I as paragraphs
1 through 16 of this
Count
II.
17.
Section 9(b)
of the Act,
415
ILCS 5/9(b) (2000),
provides as
follows:
No person
shall:
*
*
*
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.
18.
Section 201.142 of the Board Air Pollution Regulations,
35
Ill.
Adm. Code 201.142, provides
as follows:
Construction Permit Required
No person shall cause or allow the construction of any new
emission source or any new air pollution control equipment,
or cause
or allow the modification of any existing emission
source
or air pollution control equipment,
without first
obtaining
a construction-permit from the Agency,
except
as
provided in Section 201.146.
13
19.
Section 201.102 of the Board Air Pollution Regulations,
35
Ill. Adm.
Code 201.102,
contains the following definitions:
Definitions
“Emission Source”:
any equipment
or facility of
a type
capable of emitting specified air contaminants
to the
atmosphere.
“Existing Emission Source”:
any emission source,
the
construction or modification of which has commenced prior
to
April
14,
1972.
“New Emission Source”:
any emission source,
the
construction or modification of which is commenced on
or
after April
14,
1972.
“Specified Air Contaminant”:
any air contaminant
as to
which this Subtitle contains emission standards or other
specific limitations.
20.
VON is
a “specified air contaminant”
as that term is defined
in Section 201.102 of the Board Air Pollution Regulations,
35
Ill.
Adm.
Code 201.102.
21.
The Respondent
is
a major source of VOM in the Elgin,
Kane
County,
Illinois,
severe non-attainment ozone area.
22.
Because
the equipment located at Respondent’s facility
referenced in paragraph
8 of Count
I above,
emit,
or are capable of
emitting VON,
a specified air contaminant,
they are “emission sources”
as that term
is defined in Section 201.102 of the Board Air Pollution
Regulations
35
Ill.
Adm. Code 201.102.
23.
Because Respondent’s
equipment was constructed after April
14,
1972,
they are “new emission sources”
as the term is defined in
Section 201.102 of the Board Air Pollution Regulations,
35
Ill. Adm.
14
Code 201.102.
24.
Since August
of 1984,
or on dates better known to
Respondent,
the Respondent has constructed twenty
(20)
spray booths,
thirty-four
(34)
molding machines,
twenty-nine
(29)
infra-red material
dryers,
seventeen
(17)
pad print machines,
and twelve
(12)
laser
machines,
new emission sources without having first obtained the
required construction permits from the Illinois
EPA.
25.
Respondent by constructing the equipment referenced in
paragraph 24 above without first obtaining the requisite permits from
the Illinois
EPA,
violates Section 9(b)
of the Act,
415
ILCS
5/9(b) (2000)
and Section 201.142 of the Board Air Pollution
Regulations,
35
Ill. Adm.
Code 201.142.
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that
this Board enter
a judgment in favor of
Complainant and against the Respondent,
PLASTIC DECORATORS,
INC.,
on
Count
II:
1.
Authorizing a hearing in this matter at which time
the
Respondents will be required to answer the allegations herein;
2.
Finding that
the Respondent has violated Section 9(b)
of the
Act and 35
Ill. Adm.
Code 201.142;
3.
Ordering the Respondent
to cease and desist from further
violations
of Section 9(b)
of the Act and 35
Ill. Adm. Code 201.142;
4.
Assessing against the Respondent
a civil penalty of Fifty
Thousand Dollars
($50,000.00)
for each violation of the Act and
15
pertinent Board Air Pollution Regulations,
and an additional
civil
penalty of Ten Thousand Dollars
($10,000.00)
for each day of
violation;
5.
Taxing all costs in this action pursuant
to Section 42(f)
of
the Act,
including attorney,
expert witness and consultant
fees,
against the Respondent; and
6.
Granting such other relief as the Board deems appropriate
and just.
COUNT III
OPERATION OF EMISSIONS SOURCES WITHOUT A PERMIT
1-22.
Complainant realleges and incorporates by reference herein
paragraphs
1 through 17 and paragraphs
19 through 23 of Count
II as
paragraphs
1 through 22 of
this Count
III.
23.
Section 201.143
of the Board Air Pollution Regulations,
35
Ill. Adm.
Code 201.143,
provides in pertinent part
as follows:
Operating Permit for New Sources
No person shall cause or allow the operation of any new
emission source or 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.
24.
Since August of
1984,
or on dates better known to
Respondent,
the Respondent has operated twenty
(20)
spray booths,
thirty-four
(34)
molding machines,
twenty-nine
(29)
infra-red material
dryers,
seventeen
(17)
pad print machines and twelve
(12)
laser
16
machines,
without having the requisite operating permits from the
Illinois
EPA.
25.
The Respondent,
by its conduct
as alleged herein, violated
Section 9(b)
of the Act,
415 ILCS
5/9(b) (2000) and Section 201.143 of
the Board Air Pollution Regulations,
35
Ill.
Adm.
Code 201.143.
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that this Board enter a judgment in favor of
Complainant and against the Respondent,
PLASTICS DECORATORS,
on Count
III:
1.
Authorizing
a hearing in this matter at which time the
Respondent
will be required to answer the allegations herein;
2.
Finding that the Respondent
has violated Section 9(b)
of
the
Act and 35
Ill. Adm.
Code 201.143;
3.
Ordering the Respondent
to cease and desist from further
violations
of Section 9(b)
of the Act and 35
Ill.
Adm.
Code 201.143;
4.
Assessing against the Respondent
a civil penalty of Fifty
Thousand Dollars
($50,000.00)
for each violation of the Act and
pertinent Board Air Pollution Regulations,
and an additional
civil
penalty of Ten Thousand Dollars
($10,000.00)
for each day of
violation;
5.
Taxing all costs
in this action pursuant to Section 42(f)
of
the Act,
including attorney,
expert witness and consultant
fees,
against the Respondent; and
6.
Granting such other relief as the Board deems appropriate
17
and just.
COUNT IV
CONSTRUCTION OF A MAJOR SOURCE IN VIOLATION OF NEW
SOURCE REVIEW’S PRE-CONSTRUCTION REVIEW REOUIREMENTS
1-30.
Complainant realleges and incorporates by reference
herein paragraphs
1 through 17 and paragraphs
19 through 29 of Count
I
and paragraphs
19 and 23 of Count II as paragraphs
1 through 30 of
this Count
IV.
31.
Section 203.202 of the Board Air Pollution Regulations,
35
Ill. Adm.
Code 203.202,
provides
as follows:
Coordination with Permit Requirement and Application Pursuant to
35
Ill. Adm.
Code
201
For new major sources and major modifications, the fulfillment of
the requirements
of 35
Ill.
Adm.
Code 201 relating to
construction,
including the permit requirements
of 35
Ill. Adm.
Code 201.142,
shall be combined with the requirements of this
Subpart.
32.
Section 203.203 of the Board Air Pollution Regulations,
35
Ill. Adm.
Code 203.203, provides
in pertinent part
as follows:
Construction Permit Requirement and Application,
a)
A construction permit is required prior to actual
construction of
a major new source or major modification.
b)
Applications
for construction permits required under this
Section shall contain sufficient information to demonstrate
compliance with 35
Ill.
Adm.
Code
201 and the requirements
of this Part including,
but not limited to,
Subpart
C.
33.
The Respondent constructed numerous
spray booths
in 1993 and
1994
that resulted in major modifications
to the subject facility
in
those respective years.
The Respondent did not obtain any
18
construction permits authorizing
the major modifications.
By failing
to obtain the necessary pre-construction review from the Illinois EPA
for the major modifications,
the Respondent violated Sections
9.1(d)
and 9(b)
of
the Act,
and Sections 203.203(a)
and 203.203(b)
of the
Board Air Pollution Regulations,
35
Ill. Adm.
Code 203.203(a),
203.203(b).
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests
that
this Board enter a judgment
in favor of
Complainant and against the Respondent,
PLASTIC DECORATORS,
INC.,
on
Count VI:
1.
Authorizing
a hearing
in this matter at which time the
Respondent will be required to answer the allegations herein;
2.
Finding that the Respondent has violated Sections 9.1(d)
and
9(b)
of the Act and Sections 203.203(a)
and 203.203(b)
of 35
Ill. Adm.
Code;
3.
Ordering the Respondent
to cease and desist from further
violations of Sections
9.1(d)
and 9(b)
of the Act and Sections
203.203(a)
and 203.203(b)
of 35
Ill. Adm.
Code;
4.
Assessing against the Respondent
a civil penalty of Fifty
Thousand Dollars
($50,000.00)
for each violation of the Act and
pertinent Board Air Pollution Regulations,
and an additional civil
penalty of Ten Thousand Dollars
($10,000.00)
for each day of
violation;
5.
Taxing all costs
in this action pursuant to Section 42(f)
of
19
the Act,
including attorney,
expert witness and consultant
fees,
against the Respondent; and
6.
Granting such other relief
as the Board deems appropriate
and just.
COUNT V
FAILURE TO SUBMIT 1~NNUALEMISSION REPORTS
1-22.
Complainant realleges and incorporates by reference herein
paragraphs
1 through 17 and paragraphs
19 through 23 of Count II as
paragraphs
1 through 22 of this Count V.
23.
Section 201.302 of the Board Air Pollution
Regulations,
35
Ill. Adm. Code 201.302,
provides
as follows:
Reports
The owner or operator of any emission source or air
pollution control equipment
.
.
.
shall submit to the Agency
as a minimum,
annual reports detailing the nature,
specific
emission units and total annual quantities of all specified
air contaminant emissions; provided, however,
that
the
Agency may require more frequent reports where necessary to
accomplish the purposes of the Act and this Chapter.
24.
Section 254.201 of the Illinois EPA Air Pollution
Regulations,
35
Ill. Adm. Code 254.201 provides as follows:
Annual
Emission Report
At least ninety
(90)
days prior to
a
source’s deadline for
filing an
Annual
Emissions Report,
the Agency shall provide
to such source
the Source Inventory Report and the Inventory
Edit Summary,
if applicable.
The Source Inventory Report
shall contain all data fields for the available to the owner
or operator of the source or emission unit.
25.
Section 254.102(a)
of the Illinois EPA Air Pollution
20
Regulations,
35
Ill. Adm.
Code 254.102(a), provides
as follows:
Applicability
a)
Subpart
B of this
Part applies to the owner and
operator of any source required to have
an operating
permit
in accordance with 35
Ill. Adm.
Code 201 and
that
is permitted to emit
25 tons per year or more of
any combination of regulated air pollutants.
Subpart
B also applies to the owner and operator of any source
required to have
an operating permit
in accordance
with Section 39.5
of the Environmental Protection Act
(Ill.
Rev.
Stat.
1991,
ch.
111 ~ par.
39.5,
as amended
by P.A.
87-1213,
effective September 26,
1992) 415
ILCS 5/39.5,
the State’s approved permit program
established pursuant to Title V of the Clean Air Act
(42 U.S.C.,’7401
et.
seq.)
(CAAPP).
26.
Section 254.202 of the Illinois EPA Air Pollution
Regulations,
35
Ill. Adm.
254.202 provides
as follows:
Reporting Schedule
a)
For each source subject to the applicability
requirements
of Section 254.102(a)
of this Part,
the first
Annual Emissions Report filed for all regulated air
pollutants pursuant to Subpart B
of this Part shall
be for
the calendar year following the year in which the USEPA
approves or conditionally approves
the State’s CAAPP
implemented pursuant to Section 39.5
of the Environmental
Protection Act
(Ill.
Rev.
Stat.
1991,
ch.
111
~,
par.
39.5,
as amended by P.A.
87-1213,
effective September
26,
1992)
415
ILCS
5/39.5
.
For example,
if the USEPA approves or
conditionally approves
the CAAPP program in 1994,
the first
full Annual Emissions Report shall include emissions
information for calendar year
1995 and shall be filed with
the Agency by May
1,
1996.
Thereafter,
an Annual Emissions
Report shall be filed with the Agency for each calendar year
by May
1 of the subsequent year.
b)
Commencing with calendar year
1992,
all sources
subject to Section 254.102(a)
of this Part shall file
an
Annual Emissions Report pursuant
to Subpart
D
of this Part
until such time as the source
is required to file
a
full
Annual Emissions Report pursuant
to subsection
(a)
above.
For example,
if the first
full Annual Emissions Report
for
a
21
source must be filed before calendar year 1995,
the owner or
operator must file an Annual Emissions Report pursuant
to
the requirements
of Subpart
D of this
Part for calendar
years 1992,
1993 and 1994.
27.
The Respondent is an owner and operator of emission sources
that emitted a regulated air pollutant in the form of VON in excess of
25 tons per year since at least
1992.
The Respondent was therefore
subject to the reporting requirements
of Section 254.202 of the
Illinois EPA Air Pollution Regulations,
35
Ill. Adm.
254.202;~
28.
Since
at least 1992,
the Respondent failed to submit annual
emissions reports detailing the nature,
specific sources and total
annual quantities
of specified air contaminant emissions to the
Illinois
EPA.
29.
By the actions
as alleged herein,
the Respondent has
violated Sections 201.302,
254.201 and 254.202 of
35 Ill. Adm.
Code,
and thereby,
also violated Section 9(a) of the Act,
415
ILCS
5/9(a)
(2000)
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that
this Board enter a judgment
in favor of
Complainant and against the Respondent, PLASTIC DECORATORS,
INC.,
on
Count VI:
1.
Authorizing a hearing in this matter at which time the
Respondent
will be required to answer the allegations herein;
2.
Finding that
the Respondent has violated Section
9(a)
of the
Act and Sections 201.302,
254.201 and 254.202 of 35
Ill. Adm.
Code;
22
3.
Ordering the Respondent
to cease and desist from further
violations of Section
9(a)
of the Act and Sections 201.302, 254.201
and 254.202 of 35
Ill. Adm.
Code;
4.
Assessing against the Respondent
a civil penalty of Fifty
Thousand Dollars
($50,000.00)
for each violation of the Act and
pertinent Board Air Pollution Regulations, and an additional civil
penalty of Ten Thousand Dollars
($10,000.00)
for each day of
violation;
5.
Taxing all costs
in this action. pursuant
to Section 42(f)
of
the Act,
including attorney,
expert witness and consultant
fees,
against the Respondent; and
6.
Granting such other relief as the Board deems appropriate
and just.
PEOPLE OF THE STATE OF ILLINOIS,
ex rel.
JAMES
E.
RYAN,
Attorney
General of the State of Illinois
MATTHEW J.
DUNN,
Chief
Environmental Enforcement/
Asbea~os
Lij,icrat
ion..
Division
Of Counsel:
JOEL CABRERA
Assistant Attorney General
Environmental Bureau
188
W.
Randolph St.,
20th
Floor
Chicago,
Illinois
60601
(312)
814-5282
Atty No.
99000
H
\Corninon\Environmental\Carmel\PlasticsDecoratorsCompl
wpd
BY:
ROSEMARIE CAZEAU~Chief
Environmental Bureau
Assistant Attorney General
23
CERTIFICATE OF SERVICE
I,
JOEL
CABRERA,
an Assistant Attorney General in this
case,
do
certify that on the 10th day of August 2000,
I caused to be served, by
certified mail,
the foregoing Notice of Filing,
and a Complaint in the
U.S. Main depository located at 100 West Randolph Street,
Chicago,
Illinois,
in an envelope with sufficient postage prepaid.
‘~4
C~
JOE
CABRERA
H
\Common\Environmental\Carmel\PlasticDecNOFCOS8O700
