NOV 122004
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE
OF ILLINOIS
Pollution Contro’ Boarc~
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
vs.
No
C5R~
CLEAN HARBORS SERVICES, INC.,
)
(Air
-
Enforcement)
a Massachusetts corporation,
Respondent.
To: C.T; Corporation System, Registered Agent
208 South LaSalle Street
Suite 814
Chicago, Ii. 60604-1101
NOTICE OF FILING
PLEASE TAKE NOTICE that we have today, November 12, 2004
filed with the Office of the Clerk of the Illinois Pollution
Control Board an original and nine copies of.our Complaint, a
copy of which is attached herewith and served upon you.
Failure to file an answer to this complaint within 60 days
may have severe consequences. Failure to answer will mean that
all allegations in the complaint will be taken as if admitted for
purposes of this proceeding. If you have any questions about
this procedure, you should contact the hearing officer assigned
to this proceeding, the clerk’s office or an attorney.
NOTIFICATION
YOU ARE HEREBY NOTIFIED that financing may be available
through the Illinois Environmental facilities financing act 20
ILCS 3515/1 et
seq.
to correct the alleged pollution.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General of the
State of Illinois
BY: ~
~
PAULA ~ECKER WHEELER
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 2O~Flr.
Chicago, IL 60601 (312) 814-1511
THIS DOCUMENT IS PRINTED ON RECYCLED PAPER
C(~ ~ ~
BEFORE
THE
ILLINOIS POLLUTION CONTROL
BOARD
~
PEOPLE OF THE STATE OF
ILLINOIS,
)
Nov
/2~~
OF
ILLINOIS
Complainant,
)
PCB No.
~
—
‘—O(?trol
Board
vs.
)
(Air Enforcement)
)
CLEAN HARBORS
SERVICES, INC.,
)
a Massachusetts corporation,
)
)
Respondent.
)
COMPLAINT FOR
CIVIL PENALTIES
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General ofthe State ofillinois, and at the request ofthe ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY, complains ofthe Respondent, CLEAN HARBORS SERVICES,
iNC., (hereinafter “Clean Harbors” or “Respondent”), as follows:
COUNT
I
FAILURE
TO COMPLY WITH
PERMIT REQUIREMENTS
1.
This Complaint is brought by the Attorney General on her own motion and at the
request ofthe Illinois Environmental Protection Agency (“Illinois EPA”), pursuant to the terms
and provisions ofSection 31 ofthe Illinois Environmental Protection Act (“Act”),
415
IILCS 5/31
(2002).
2.
The Illinois EPA is an agency ofthe State of Illinois created by the Illinois
General Assembly in Section 4 ofthe Act,
415
ILCS
5/4
(2002), and charged,
inter alia,
with the
duty ofenforcing the Act in proceedings before the illinois Pollution Control Board (“Board”).
1
3.
Respondent is a Massachusetts corporation in good standing in the State of
Illinois.
4.
At all times relevant to this matter, Clean Harbors has operated a hazardous waste
transfer, storage and disposal facility on approximately 53 acres ofproperty located along Lake
Calumet at 11800 South Stony Island Avenue, Cook County, Chicago, Illinois.
5.
The hazardous waste transfer, storage and disposal facility is engaged in the
treatment, transfer and/or disposal ofhazardous wastes, including paint solvents, emergency
response spill clean-ups, spent pesticides poisons, refinery wastes and household hazardous
wastes. The company conducts three principal operations: 1) wastewater treatment and
discharge, 2) fuels blending and storage and 3) the consolidation and transfer ofhazardous and
non-hazardous wastes.
6.
Clean Harbors performs drum processing and fuel blending operations at its
Chicago facility inside a building enclosure known as “Building 43.” Drums containing various
liquid or solid wastes are sent through a device known as the “Pegasus unit,” which performs a
drum crushing and compaction process. The Pegasus unit encloses individual drums, turns them
on their side and augers out their remaining contents. The contents ofthe drums are processed
into a slurry in a large blending tank and then transferred to the tank farm for additional blending.
7.
Air emissions from Building 43 are collected at various points within the building
enclosure and then ducted to a two-bed carbon adsorption system. Inprior submissions made to
the Illinois EPA, Clean Harbors has identified Building 43 as a significant source of emissions
but has estimated that volatile organic material (“VOM”) emissions, after controls, are less than
0.1 pounds per hour (“lb/br”) and 0.44 tons per year (“tpy”).
2
8.
The empty drums from the fuels blending operation are compacted and then
removed from the Pegasus unit, where they are placed onto a conveyor that exits the building.
The empty drums are ejected onto a roll-offpad into a dumpster located on the outside of
Building 43. Clean Harbors has estimated that VOM emissions from the roll-offpad are less
than0.l lb/hr and 0.44 tpy.
9.
Tn addition to the drum processing and fuels blending operations, Clean Harbors
also conducts hazardous waste container storage and flammable waste consolidation activities
that occur within an enclosure designated as “Building
25.”
The hazardous waste container
storage activities primarily consist ofa flammable pour-offconsolidation area. Three fume
hoods collect emissions from these activities, which, in turn, are ducted to two carbon adsorbers
in a dual-canister arrangement.
10.
Clean Harbors also operates a flammable storage tank farm at the facility, which
consists of at least nine (9) 11,025 gallon tanks and one (1) 19,880 gallon tank. Air emissions
from the flammable storage tank farm are controlled by a closed vent system, which consists of
nitrogen gas blanketing with vents that are ducted to two dual-bed carbon adsorption systems.
The separate carbon adsorption systems are designated as a North system and a South system.
11.
During the time period relevant to the allegations in this Count I, the fuel blending
operations from Building 43, the roll-offpad for empty drums, the Building 25 storage building
and three fume hoods, and the flammable storage tank farm were governed by the terms and
conditions ofa revised operating permit, Operating Permit No. 94100016, issued by the Illinois
EPA on October 6, 2000, with an expiration date ofOctober 6, 2005.
3
12.
Special Condition
5
ofOperating Permit No. 94100016 provides, in part, as
follows:
“This permit is issued based on negligible emissions oforganic material and particulate
matter from drum storage and dock, bulk solids storage pad, truck staging area, truck to
truck transfer dock, drum crushing and compaction, flammable truck staging area, rail
car unloading area, truck unloading platform, flammable storage tank farm, building
#25
and #26 and five fume hoods, container handling dock, truck pad (unloading), roll offpad
for empty drums, fuels blending operation controlled with 4 bed carbon adsorption
system, 4— 500,000 gallon wastewater storage tanks, organic wastewater treatment
system including, Reactor 321 controlled with packed scrubber, precoat vacuum filter,
filtrate collection tank, multimedia filter, dirty backwash tank, backwash water storage
tank, filtrate collection tank 322, air stripper controlled with 2 carbon adsorption system,
carbon unit; inorganic listed wastewater treatment system including Reactors 1, 2 and 3
controlled with packed scrubber, sludge conditioning tank, drum and lab pack
consolidation tank, lab pack pour-offhood, 2 filter tanks, 2 plate and frame filter presses,
2 filtrate tanks, the FRP tank, and two lamella clarifiers. For this purpose, emissions of
each contaminant from each emission source shall not exceed nominal emission rates of
0.1 lb/hr and 0.44 tonlyear.”
13.
Section 9(b) ofthe Act, 415 1LCS 5/9(a)(2002), entitled “Acts Prohibited,”
provides as follows:
No person shall:
b)
Construct, install, or operate any equipment, facility, vehicle, vessel or
aircraft capable of causing or contributing to air pollution ordesigned to
prevent air pollution, of any type designated by Board regulations, without
a permit granted by the Agency, or in violation ofany conditions imposed
by suchpermit.
14.
Section 3.315 ofthe Act, 415 ILCS
5/3.26(2002),
provides as follows:
“Person” means 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.
15.
Section 211 ofTitle 35 of the illinois Administrative Code, 35 Ill. Adm. Code
211, provides, in pertinent part, as follows:
4
Section 211.370
Air Pollutant
“Air pollutant” means an air pollution agent orcombination of such agents,
including any physical, chemical, biological, radioactive (including source
material, special nuclear material, and byproduct material) substance or matter
which is emitted into orotherwise enters the atmosphere. Such term includes any
precursors to the formation ofany air pollutant, to the extent that the relevant
statute or rule has identified such precursor orprecursors for particular purpose
for which the term “air pollutant” is used.
Section 211.1930
Emission Rate
“Emission rate” means, if not otherwise stated in a specific provision, the total
quantity of a particular specified air contaminant discharged into the atmosphere
in any one-hour period.
Section 211.1950
Emission Unit
“Emission unit” means any part or activity at a stationary source that emits or has
the potential to emit any air pollutant.
Section 211.4550
Person
“Person” means any individual; corporation; partnership; firm; association; trust;
estate; public or private institution; group; state; municipality; political
subdivision of a state; any agency, department or instrumentality ofthe United
States; and any officer, agent or employee of any ofthe above.
Section 211.6370
Stationary Source
“Stationary source” means any building, structure, facility or installation that emits
or may emit any air pollutant.
Section 211.7150
Volatile Organic Material (VOM) or Volatile Organic
Compound (VOC)
“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 reactions.
5
16.
Clean Harbors is a “person” as that term is defined under Section 3.3 15 ofthe Act,
415 ILCS
5/3.15
(2002), and Section 211.4550 of Title 35 ofthe Illinois Administrative Code, 35
Ill. Adm. Code 211.4550.
17.
Clean Harbors’ manufacturing activities at the 11800 South Stony Island Avenue
facility in Chicago constitutes a “stationary source” as that term is defined under Section
211.6370 ofTitle 35 ofthe Illinois Administrative Code, 35 Iii. Adm. Code 211.6370.
18.
The fuels blending operations from Building 43, the roll-offpad and dumpster for
empty drums, the hazardous waste container storage activities form Building 25 and the
flammable storage tank farm that is controlled by separate carbon adsorber systems each
constitute an “emission unit” that emits “VOM” to the atmosphere as those terms are defined
under Sections 211.1950 and 211.7150 ofTitle 35 respectively, 35 Ill. Adm. Code 211.1950 and
211.7150.
19.
VOM is an “air pollutant” as that term is defined by Section 211.370 ofTitle
35,
35111. Adm. Code 211.370.
20.
On August 24, 2001, and again on April 12, 2002, and continuing until a date
better known to Respondent, various openings to Building 43 (i.e., vents or windows, overhead
doors, entrance-way doors, etc.) were sufficiently large enough to allow for emissions to escape
the building during normal operation. On August 24, 2001, as part ofthe operation ofthe
Pegasus unit within Building 43, emissions were observed exiting the enclosurewhen either of
the two doors to the enclosure was opened.
21.
On August 24, 2001, and again on April 12, 2002, and continuing until a date
better known to Respondent, liquid wastes from the fuels blending process accumulated in the
6
bottom ofthe roll-offpad dumpster from the wet drums discarded by the Pegasus unit. Such
liquid wastes would ultimately evaporate from the roll-offpad and result in uncontrolled VOM
emissions.
22.
On August 24, 2001, and continuing until a date better known to Respondent, the
booth and hood arrangement used to duct emissions from the flammable pour-offconsolidation
booth was not drawing vapors into the control system, in part, because a large ventilation (or
comfort) fan was blowing across the front of one ofthe hood openings. Thus, vapors were
directed out ofthe booth. Even in the absence ofthe ventilation fan, the negative pressure
exhibited by the capture system was minimal.
23.
On August 24, 2001, and continuing until a date better known to Respondent, the
ductwork from one of the two dual canister arrangements of the carbon adsorber system for
Building 25 was leaking. The ductwork had previously been taped, however, the seal from the
tape had been broken, allowing ambient air to be pulled into the control system.
24.
On August 24, 2001, and continuing to a date better known to Respondent, the
North carbon adsorption system for the flammable storage tank farm contained a sagging duct
that connected two carbon bed containerS and, a viscous type ofliquid was leaking from the duct
work.
25.
On April 12, 2002 and continuing to a date better known to Respondent, there
were elevated levels ofVOM emissions from various locations throughout the flammable tank
farm.
26.
On April 12, 2002 and continuing to a date better known to Respondent, in one
area ofthe flammable tank farm, there were elevated readings ofVOM emissions from the
7
corrugated plastic pipe which ducts gases and associated emissions from the tanks to and
betweenthe carbon adsorber systems. During the same time frame in another area ofthe
flammable tank farm, there were similar high readings from the plastic ductwork and the South
carbon adsorber system. There were also elevated readings ofVOM emissions at ornear the
safety relief valve of Tank No. 107, at or near Tank No. 104, at ornear the sampling ports of the
North carbon adsorber systems and in the vicinityofseveral flame arrestors for the various
storage tanks.
27.
On April 12, 2002 and continuing to a date better known to Respondent, the
gravity-activated seals formost ofthe flame arrestors were eroded and large pressure fluctuations
appeared to exist within the nitrogen blanketing system that could cause or contribute to
inconsistencies in the monitoring and compliance assessment ofthe flammable storage tank
farm.
28.
By virtue of the aforementioned operational deficiencies, Clean Harbors failed to
adequately capture and control VOM emissions from its hazardous waste storage container
activities at Building
25,
the drum processing and fuels blending activities at Building 43, the
roll-offpad dumpster, and the flammable storage tank farm as required by Section 9(b) ofthe
Act, 415 IL 5/9(b) (2002), and Special Condition
5
ofOperating Permit No. 94100016.
29.
Beginning on or before August 24, 2001 and continuing to a date better known to
Respondent, by failing to adequately capture and control VOM emissions from the emission
units identified in paragraph 18 above, Clean Harbors caused or allowed VOM emissions from
the aforementioned emission units to be emitted in excess of0.1 lb/hr.
8
30.
By failing to comply with the permitted 0.1 lb/hr VOM emission limit governing
the hazardous waste storage container activities at Building
25,
the drum processing and fuels
blending activities at Building 43, the roll-offpad dumpster, and the flammable storage tank
farm, Clean Harbors violated Section 9(b) ofthe Act, 415 IL
5/9(b)
(2002), and Special
Condition
5
of Operating Permit No. 94100016.
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an order in favor ofthe Complainant and against the Respondent,
CLEAN HARBORS, on this Count I:
1.
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein.
2.
Finding that the Respondent has violated Section 9(b) ofthe Act, 415 ILCS 5/9(b)
(2002), and Special Condition
5
ofOperating Permit No. 94100016;
3.
Ordering the Respondent to cease and desist from further violations of Section
9(b) ofthe Act, 415 ILCS
5/9(b)(2002),
and Special Condition
5
of OperatingPermit No.
94100016;
4.
Assessing against the Respondent a civil penalty ofFifty Thousand Dollars
($50,000.00) for each and every violation ofthe Act and pertinent regulations, and an additional
penalty ofTen Thousand Dollars ($10,000.00) per day for each day ofviolation;
5.
Ordering the Respondent to pay all costs in this action, including attorney, expert
witness and consulting fees expendedby the State in its pursuit ofthis action; and
6.
Granting such other relief as the Board deems just and appropriate.
9
COUNT II
FAILURE TO COMPLY WITH POLLUTION CONTROL
BOARD’S EMISSION STM4DARDS FOR “OTHER EMISSION UNITS”
1-28. Complainant realleges and incorporates by reference herein paragraphs 1 through
12 and 14 through 29 ofCount I above as paragraphs 1 through 28 of this Count II.
29.
Section 9(a) ofthe Act, 415 ILCS 5/9(a) (2002), provides as follows:
No person shall:
a)
Cause or threaten or allow the discharge or emission ofany 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 other
contaminants from other sources, or so as to violate regulations or
standards adoptedby the Board under this Act.
30.
Section 211 ofTitle 35 ofthe Illinois Administrative Code, 35111. Adm. Code
211, provides the following definition:
Section 211.4970
Potential to Emit
“Potential to emit” (PTE) means the maximum capacityof a stationary source to
emit any air pollutant under its physical and operational design. Any physical or
operational limitation on the capacity ofa source to emit an air pollutant,
including air pollution control equipment and restriction on hours of operation or
on the type or amount ofmaterial combusted, stored, orprocessed, shall be treated
as part ofits design if the limitation is federally enforceable.
31.
Section 218.100(a) ofTitle 35 ofthe Illinois Administrative Code, 35 Ill. Adm.
Code 218.100(a), provides as follows:
a.
This Part contains standards and limitations for emissions oforganic
material and volatile organic material from stationary sources located in
the Chicago area, which is comprised of Cook, DuPage, Kane, Lake,
McHenry and Will Counties and Aux Sable Township or Goose Lake
Township in Grundy County and Oswego Township in Kendall County.
10
32.
Section 218.103 ofTitle 35 ofthe Illinois Administrative Code, 35 Ill. Adm. Code
2 18.103, provides as follows:
The provisions ofthis Part shall apply to all sources located in the Chicago area,
which is composed ofCook, DuPage, Kane, Lake, McHenry and Will Counties,
and Aux Sable Township and Goose Lake Township in Grundy County and
Oswego Township in Kendall County.
a.
The provisions ofthis Part shall become effective on July 1, 1991...
***
33.
Section 2 18.106 ofTitle 35 ofthe Illinois Administrative Code, 35 Iii. Adm. Code
218.106, provides, in pertinent part, as follows:
a)
Except as otherwise provided in this Section or as otherwise provided in a
specific Subpart ofthis Part, compliance with the requirements ofall rules
is required by July 1, 1991, or September 1, 1991, for all sources located
in Cook, DuPage, Kane, Lake, McHenry or Will Counties, consistent with
the appropriate provisions of Section 218.103 ofthis Subpart.
b)
Except as otherwise provided in this Section or as otherwise provided in a
specific Subpart ofthis Part, compliance with the requirements of this Part
is required by November 26, 1993, for all sources located in Aux Sable
Township or Goose Lake Township in Grundy County, or in Oswego
Township in Kendall County.
c)
All emission units which meet the applicability requirements ofSections
21 8.402(a)(2), 218.611(b), 218.620(b), 218.660(a), 218.680(a),
218.920(b), 218.940(b), 218.960(b) or 218.980(b) ofthis Part, including
emission units at sources which are excluded from the applicability criteria
of Sections 218.402(a)(1), 218.611(a), 218.620(a), 218.920(a), 218.940(a),
218.960(a), or 218.980 of this Part by virtue ofpermit conditions or other
enforceable means, must comply with the requirements of Subparts H, Z,
AA, CC, DD, PP,
QQ,
RR or TT ofthis Part, respectively, by March 15,
1995.
Any owner or operator ofan emission unit which has aheady met
the applicability requirements ofSections 218.402(a)( 1), 218.611(a),
218.620(a), 218.920(a), 218.940(a), 218.960(a), 218.980(a) ofthis Part on
or by the effective date ofthis subsection is required to comply with all
compliance dates or schedules found in Sections 218.106(a) or 218.106(b),
as applicable.
11
34.
Section 2 18.980 ofTitle 35 ofthe illinois Administrative Code, 35 Ill. Adm. Code
218.980, provides, in pertinent part as follows:
***
b)
Potential to emit:
1)
A source is subject to this Subpart if it has the potential to emit
22.7 Mg (25 tons) ormore ofVOM per year, in aggregate, from
emission units, other than furnaces at glass container
manufacturing sources and VOM leaks from components, that are:
A)
Not regulated by Subparts B, E, F, H,
Q,
R, S, T,
(excluding Section 218.486 ofthis Part), V, X, Y, Z, or BB
ofthis Part, or
B)
Not included in any ofthe following categories: synthetic
organic chemical manufacturing industry (SOCMI)
distillation, SOCMI reactors, wood furniture, plastic parts
coating (business machines), plastic parts coating (other),
offset lithography, industrial wastewater, autobody
refinishing, SOCMI batch processing, volatile organic
liquid storage tanks and clean-up solvents operations.
2)
Ifa source is subject to this Subpart as provided above, the
requirements of this Subpart shall apply to a source’s VOM
emission units, which are:
A) Not included within any ofthe categories specified in Subparts
B,E,F,H,Q,R,S,T,V,X,Y,Z,AA,BB,CC,DD,PP,QQ
or RR ofthis Part, orwhich are not exempted from permitting
requirements pursuant to 35 Ill. Adm. Code 201.146
(excluding Section 201.146(o) and (p)), or
B) Not included in any ofthe following categories: synthetic
organic chemical manufacturing industry (SOCMI) distillation,
SOCMI reactors, wood furniture, plastic parts coating (business
machines) plastic parts coating (other), offset lithography,
industrial wastewater, autobody refinishing, SOCMI batch
processing, volatile organic liquid storage tanks and clean-up
solvents operations.
12
C) Ifa source ceases to fulfill the criteria ofsubsections (a) and/or
(b) ofthis Section, the requirement ofthis Subpart shall
continue to.apply to an emission unit which was ever subject to
the control requirements of Section 219.986
sic
ofthis Part
does not exceed
4.5
Mg
(5.0
tons) per calendar year.
35.
Section 218.986 ofTitle 35 of the illinois Administrative Code, 35 ill. Adm. Code
2 18.986, provides, in pertinent part, as follows:
Every owner or operator ofan emission unit subject to this Subpart shall comply
with the requirements of subsection (a), (b), (c), (d), or (e) below.
a)
Emission capture and control equipment which achieves an overall
reduction in uncontrolled VOM emissions of at least 81 percent from each
emission unit, or (Board Note: For the purpose ofthis provision, an
emission unit is any part oractivity at a source ofa type that by itself is
subject to control requirements in other Subparts ofthis Part or 40 CFR
60, incorporatedby reference in Section 218.112, e.g., a coating line, a
printing line, a process unit, a wastewater system, or other equipment, or is
otherwise any part or activity at a source.)
***
C)
An equivalent alternative control plan which has been approved by
the Agency and the USEPA in federally enforceable permit or as a
SIP revision.
** *
36.
Clean Harbors’ manufacturing facility at 11800 South Stony Island Avenue is
located in Cook County, Illinois and any emission units owned or operated by Clean Harbors that
has satisfied the applicability requirements ofthe Board’s Part 218 source categories was
requiredto comply with the emission control, reporting and other requirements ofPart 218 as of
March 15,
1995.
37.
Tn 2001, Clean Harbors’ manufacturing facility reportedVOM emissions ofat
least 15 tons per year (“tpy”) and, in 2002, it reported at least 19 tpy ofVOM emissions.
13
38.
Numerous emission units at the manufacturing facility emit VOM emissions to
the atmosphere, including the hazardous waste storage container activities at Building 24, the
drum processing and fuels blending activities at Building 43, the roll-offpad dumpster, and the
flammable storage tank farm, that are not regulated by B, E, F, H,
Q,
R, 5, T, V, X, Y, Z, AA,
BB, CC, DD, PP,
QQ
or RR ofthe Board’s Part 218 requirements, and that are not exempted
from the applicable permitting requirements and are not included within any applicable exempt
categories.
39.
The combined total ofpotential VOM emissions from the emissions units
identified in paragraph 18 above is greater than 25 tpy.
40.
Because the numerous emission units referenced in paragraph 38 above meet the
applicability requirements for “other Emission Units” under Section 21 8.980(b)(l), Clean
Harbors was required to install controls oridentify an equivalent alternative control plan with
respect to each ofthe affected Subpart TT emission units in accordance with Section 218.986 of
Title 35 ofthe Illinois Administrative Code, 35 Ill. Adm. Code 218.986.
41.
On August 24, 2001, and continuing to a date better known to Respondent, there
were numerous operational deficiencies with the emission capture and control equipment
associated with Clean Harbors’ operation ofits hazardous waste storage container activities at
Building
25,
the drum processing and fuels blending activities at Building 43, the roll-offpad
dumpster and flammable storage tank farm. As a result ofsaid deficiencies, Clean Harbors was
not adequately controlling VOM emission from the affected Subpart TT emission units.
42.
By failing to adequately control VOM emissions from its hazardous waste storage
container activities at Building
25,
the drum processing and fuels blending activities at Building
14
43, the roll-offpad dumpster arid flammable storage tank farm, Clean Harbors has failed to
install adequate controls or identify an equivalent alternative control plan for each ofits affected
Subpart TT emission units for a period beginning on or before August 24, 2001 and continuing
through a date better known to Respondent.
43.
By failing to comply with the emission standards for Other Emission Units under
the Board’s Part 218 regulations, Clean Harbors violated Section 9(a) of the Act, 415 ILCS
5/9(a)(2002),
and Section 218.986 ofTitle 35 of the Illinois Administrative Code, 35 Ill. Adm.
Code 218.986.
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
requestthat the Board enter an order in favor ofthe Complainant and against the Respondent,
CLEAN HARBORS, on this Count II:
1.
Authorizing a hearing in this matter at which time the Respondentwill be required
to answer the allegations herein.
2.
Finding that the Respondent has violated Section.9(a) ofthe Act, 415 ILCS
5/9(a)(2002),
and SectiOn 2 18.986 ofTitle 35 ofthe Illinois Administrative Code, 35 Ill. Adm.
Code 218.986;
3.
Ordering the Respondent to cease and desist from further violations ofSection
9(a) ofthe Act, 415 ILCS
5/9(a)(2002),
and Section 218.986 ofTitle 35 ofthe Illinois
Administrative Code, 35 Ill. Adm. Code 218.986;
4.
Assessing against the Respondent a civil penalty of Fifty Thousand Dollars
($50,000.00) for each and every violation ofthe Act and pertinent regulations, and an additional
• penalty ofTen Thousand Dollars ($10,000.00) per day for each day ofviolation;
15
5.
Ordering the Respondent to pay all costs in this action, including attorney, expert
witness and consulting fees expended by the State in its pursuit ofthis action; and
6.
Granting such other relief as the Board deems just and appropriate.
COUNT III
FAILURE TO COMPLY WITH NATIONAL EMISSION STANDARDS FOR
HAZARDOUS
AIR
POLLUTANTS FROM OFF-SITE WASTE
AND
RECOVERY
OPERATIONS
-
REQUIREMENTS FOR CLOSED-VENT SYSTEMS
AND
CONTROL DEVICES
1-12. Complainant realleges and incorporates by reference herein paragraphs 1 through
12 of Count I as paragraphs 1 through 12 ofthis Count ifi.
13.
Section 9.1(d) ofthe Act, 415 ILCS 5/9.1(d) (2002), provides, in pertinent part, as
follows:
No person shall:
1.
violate any provisions of Sections 111, 112,
165
or 173 ofthe Clean Air
Act, as now or hereafter amended, or federal regulations adopted pursuant
thereto; or
***
14.
Section 112(a) of the Clean Air Act, 42 USCA §7412, provides, in pertinent part,
as follows:
a)
Definitions
-
For purposes of this section, except subsection (r)
-
3.
STATIONARY SOURCE
-
The term “stationary source” shall
have the same meaning as such term has under Section 111(a).
***
6.
HAZARDOUS AIR POLLUTANT
-
The term “hazardous air
pollutant” means any air pollutant listed pursuant to subsection (b).
16
9~
OWNER OR OPERATOR
-
The term 1’owner or operator” means
• any person who owns, leases, operates, controls, or supervises a
stationary source.
15.
Section 111(a) ofthe Clean AirAct, 42 USCA §7411(a), provides, in pertinent
part, as follows:
For purposes ofthis section:
(3)
The term “stationary source” means any building, structure, facility,
or installation which emits or may emit any air pollutant. Nothing
in Title ifi ofthis Act relating to nonroad engines shall be
construed to apply to stationary internal combustion engines.
16.
Section 112(b) ofthe Clean Air Act, 42 USCA §7412, provides, in pertinent part,
as follows:
(1)
INITIAL LIST
-
The Congress establishes forpurposes ofthis section a
list ofhazardous air pollutants as follows:
CAS Number Chemical Name
1336363
Polychlorinated Biphenyls
0
Cyanide Compounds
17.
Section 112(e) of the Clean Air Act, 42 USCA §7412, provides, in pertinent part,
as follows:
Emission Standards
(1)
In general
The Administrator shall promulgate regulation establishing emission
standards for eachcategory or subcategory ofmajor sources and area
sources ofhazardous air pollutants listed forregulation pursuant to
subsection (c) ofthis section in accordance with the schedules provided in
subsections (c) and (e) ofthis section. The Administrator may distinguish
among classes, types, and sizes ofsources within a category or
subcategoryin establishing such standards except that, there shall be no
delayin the compliance date for any standard applicable to any source
17
under subsection (i) ofthis section as the result ofthe authority provided
by this sentence.
18.
Section 1 12(f)(4) ofthe Clean Air Act, 42 USCA §7412(f)(4), provides, in
pertinent part, as follows:
Prohibition
•
No air pollutant to which a standard under this subsection applies may be emitted
from any stationary source in violation of such standard, except that in the case of
an existing source...
***
19.
Part 63 ofTitle 40 ofthe Code of Federal Regulations, 40 C.F.R. Part 63 (2001),
entitled, “National Emission Standards forHazardous Air Pollutants for Source Categories,” was
promulgatedby the United States Environmental Protection Agency pursuant to the authority of
the aforementioned Section 112(e) ofthe Clean Air Act, 42 USCA §7412.
20.
The Illinois EPA administers the National Emission Standards for Hazardous Air
Pollutants for Source Categories promulgated at 40 C.F.R. Part 63 in accordance with delegated
authority from the United States Environmental Protection Agency.
21.
Section 63 .680 ofSubpart DD, Title 40 ofthe Code ofFederal Regulations, 40
C.F.R.
63.6580
(2001), entitled, “National Emission Standards for Hazardous Air Pollutants
From Off-Site Waste and Recovery Operations,” provides, in pertinent part, as follows:
Applicability and designation ofaffected sources.
a.
The provisions ofthis subpart apply to the owner and operator of a plant
site for which both ofthe conditions specified in paragraphs (a)(1) and
(a)(2) ofthis section are applicable. Ifeither one ofthese conditions does
not apply to the plant site, then the owner and operator ofthe plant site are
not subject to the provisions ofthis subpart.
18
(1)
The plant site is a major source ofhazardous air pollutant (HAP)
emissions as defined in 40 CFR 63.2.
(2)
At the plant site is located one or more ofoperations that receives
off-site materials as specified in paragraph (b) ofthis section and
the operations is one ofthe following waste management
operations orrecovery operations as specified in paragraphs
(a)(2)(i) through (a)(2)(vi) ofthis section.
i.
A waste management operation that receives off-site
material and the operation is regulated as a hazardous waste
treatment, storage, and disposal facility (TSDF) under
either 40 CFR part 264 orpart
265.
b.
For the purpose ofimplementing this subpart, an off-site material is a
material that meets all ofthe criteria specified in paragraph (b)(1) ofthis
section but is not one ofthe materials specified in paragraph (b)(2) ofthis
section.
(1)
An off-site material is a material that meets all ofthe criteria
specified in paragraphs (b)(1)(i) through (b)(l)(iii) of this section.
If any one of these criteria do not apply to the material, then the
material is not an off-site material subject to this subpart.
(i)
The material is a waste, used oil, or used solvent as
defmed in §63.68 1 of this subpart;
(ii)
The waste, used oil, or used solvent is not produced or
generated within the plant site, but the material is delivered,
transferred, or otherwise moved to the plant site from a
location outside the boundaries ofthe plant site; and
(iii)
The waste, used oil, or used solvent contains one or more of
the hazardous air pollutants (HAP) listed in Table 1 ofthis
subpart based on the composition ofthe material at the
point-of-delivery, as defined in §63.68 1 ofthis subpart.
22.
Section 63 .681 ofSubpart DD, Title 40 ofthe Code ofFederal Regulations, 40
C.F.R. 63.68 1 (2001), provides, in pertinent part, as follows:
Definitions:
Closed-vent
system
means a system that is not open to the atmosphere and is
•
19
composed ofhard-piping, ductwork, connections, and, if necessary, fans, blowers
or other flow-inducing devices that conveys gas or vapor from ~anemission point
to a control device.
Control
device
means equipment used for recovering, removing, oxidizing, or
destroying organic vapors. Examples ofsuch equipment include but are not
limited to carbon adsorbers condensers, vapor incinerators flares, boilers, and
process heaters.
23.
Section 63.693 ofSubpart DD, Title 40 ofthe Code ofFederal Regulations, 40
C.F.R. 63.693 (2001), provides, in pertinent part, as follows:
Closed-vent systems and control devices.
(a)
The provisions ofthis section apply to closed-vent systems and control
devices used to control air emissions for which another standard references
the use ofthis section for such air emission control.
(b)
For each closed-vent system and control device used to comply with this
section, the owner or operator shall meet the following requirements:
***
(2)
The owner or operator must use a control device that meets the
requirements specified in paragraphs (d) through (h) ofthis section
as applicable to the type and design ofhe control device selected
by the owner or operator to comply with the provisions ofthis
section.
***
(d)
Carbon adsorption control device requirements.
(1)
The carbon adsorption system must achieve the performance
specifications in either paragraph (d)(1)(i) or (d)(1 )(ii) ofthis
section.
(i)
Recover 95 percent or more, on a weight-basis, of the total
organic compounds (TOC), less methane and ethane,
contained in the vent stream entering the carbon adsorption
system; or
20
(ii)
Recover
95
percent or more, on a weight-basis, ofthe total
HAP listed in Table 1 ofthis subpart contained in the vent
stream entering the carbon adsorption system.
24.
Clean Harbors’ manufacturing facility is engaged in waste management operations
that receive “off-site materials” as that term is defined in accordance with Section 63 .680(b)(1) of
Title 40 ofthe Code ofFederal Regulations, 40 C.F.R. 63.380(b)(1)(2001).
25.
•
Clean Harbors’ manufacturing facility is an operation that is regulated as a
hazardous waste Treatment, Storage, and Disposal Facility (“TSDF”) under 40 CFR Part 264.
26.
Clean Harbors is also a major source ofHazardous Air Pollutants (“HAPs”),
emitting a variety ofHAP emissions from its waste management operations, including
Polychlorinated Biphenyls and compounds ofCyanide.
27.
Because Respondent is a major source ofHAP emissions and is also a regulated
hazardous waste treatment, storage and disposal facility that receives off-site materials, it is
subject to the provisions ofSubpart
DD
of40 C.F.R. Part 63 in accordance with 40 C.F.R.
63.680(a) and (b)(2001).
28.
The two carbon adsorption systems that control VOM emissions from Building 25
each constitute a “control device” as that term is defmed under Section 63.681 ofTitle 40 of the
Code ofFederal Regulations, 40 C.F.R. 63.68 1 (2001), and are therefore subject to the carbon
adsorption control device requirements ofSection 63.693(d)(1) ofTitle 40 ofthe Code ofFederal
Regulations, 40 C.F.R. 63 .63(d)(1 )(2001).
29.
On August 24, 2001, and continuing until a date better known to Respondent, the
booth and hood arrangement from the flammable pour-offconsolidation booth was not drawing
vapors into the control system, in part because ofthe operation ofa large ventilation fan that
•
21
blew across the front ofa hood opening. In addition, the ductwork for one ofthe carbon
adsorbers (i.e., from the northernmost set ofcontrol systems) was leaking.
30.
On August 24, 2001, a review ofthe inlet and outlet concentrations recorded by
company personnel forthe flammable pour-offmonitoring operation associated with Building
25,
revealed that the designated North and South canister systems were reporting control
efficiencies ofapproximately fifty percent
(5
0).
31.
As a result ofthe operational deficiencies in the capture and control system for
Building 25 Clean Harbors failed to achieve the required ninety-five percent
(95)
control
efficiency as required by Subpart DD of 40 C.F.R. part 63. The resulting excess emissions from
activities relating to Building 25 occurred for a period beginning on or before August 24, 2001,
and continued until a date better known to Respondent.
32.
On August 24, 2001, the field inspector also observed that the North carbon
adsorption system forthe flammable tank farm possessed a sagging duct that connected two
carbon bed containers. The field inspector noted that a viscous type ofliquid was leaking from
the ductwork.
33.
On April 12, 2002, there were elevated levels ofVOM emissions emanating from
affected Subpart DD equipment. There were high VOM emissions coming from the corrugated
plastic piping associated with the North and South carbon adsorber systems as well as tankNo.
104, Tank No. 107 and the vicinity ofseveral flame arrestors. There were also deficiencies with
the gravity-activated seals formost ofthe flame arrestors located on the storage tanks and
observed large pressure fluctuations within the nitrogen blanketing system.
22
34.
As a result ofthe operational deficiencies in the capture and ôontrol system for the
flammable storage tank farm, Clean Harbors failed to achieve the required ninety-five percent
(95)
control efficiency as required by Subpart DD of40 C.F.R. Part 63. The resulting excess
emissions from activities relating to the flammable storage tank farm occurred for a period
beginning on or before August 24, 2001 and continued until a date better known to Respondent.
35.
By failing to comply with the control efficiency requirements governing HAP
emissions from Off-Site Waste and Recovery Operations in both its Building 25 and flammable
storage tank farm operations, Clean Harbors violated Section 9.1(d) ofthe Act, 415 ILCS
5/9.l(d)(2002),
and 40 C.F.R. 63.693(d)(1).
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an order in favor ofthe Complainant and against the Respondent,
CLEAN HARBORS, on this Count ifi:
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 9.1(d) ofthe Act, 415 IILCS
5/9.1(d)(2002), and 40 C.F.R. 63.693(d)(1);
3.
Ordering the Respondent to cease and desist from further violations ofSection
9.1(d) ofthe Act, 415 1LCS
5/9.1(d)(2002),
and 40 C.F.R. 63.693(d)(l);
4.
Assessing against the Respondent a civil penalty ofFifty Thousand Dollars
($50,000.00) for each and every violation ofthe Act and pertinent regulations, and an additional
penalty ofTen Thousand Dollars ($10,000.00) per day for each day ofviolation;
23
5.
Ordering the Respondent to pay all costs in this action, including attorney, expert
witness and consulting fees expended by the State in its pursuit ofthis action; and
6.
Granting such other relief as the Board deems just and appropriate.
COUNT IV
FAILURE TO COMPLY WITH NATIONAL EMISSION STANDARDS FOR
HAZARDOUS
AIR
POLLUTANTS FROM OFF-SITE WASTE AND RECOVERY
OPERATIONS
-
REPORTING REQUIREMENTS
1-28. Complainant realleges and incorporates by reference herein paragraphs 1 through
12 ofCount I, and paragraphs 13 through 28 ofCount ifi, as paragraphs 1 through 28 ofthis
Count IV.
29.
Section 63.697 of Subpart DD, Title 40 ofthe Code ofFederal Regulations, 40
C.F.R. 63.697 (2001), entitled, “National Emission Standards for Hazardous Air Pollutants From
Off-Site Waste and Recovery Operations,” provides, in pertinent part, as follows:
Reporting Requirements
a.
Each owner or operator ofan affected source subject to this subpart must
comply with the notification requirements specified in paragraph (a)( 1) of
this section.
1.
The owner ofoperator ofan affected source must submit notices to
the Administrator in accordance with the applicable notification
requirements in 40 C.F.R. 63.9 as specified in Table 2 ofthis
subpart.
30.
Section 63.9 ofSubpart A, Title 40 ofthe Code ofFederal Regulations, 40 C.F.R.
63.9(2001), entitled, “Notification Requirements,” provides, in pertinent part, as follows:
(b)
Initial notifications.
24
(1)(i) The requirements ofthis paragraph apply to the owner or operator
of an affected source when such source becomes subject to a
relevant standard.
***
(h)
Notification ofcompliance status.
(1)
The requirements ofparagraphs (h)(2) through (h)(4) ofthis
section apply when an affected source becomes subject to a
• relevant standard:
(2)(i) Before a title V permit has been issued to the owner or operator of
an affected source, and each time a notification ofcompliance
status is required under this part, the owner or operator ofsuch
source shall submit to the Administrator a notification of
compliance status, signed by the responsible official who shall
certify its accuracy, attesting to whether the source has complied
with the relevant standard...
***
(2)(ii) The notification shall be sent before the close ofbusiness on the
60th day following the completion ofthe relevant compliance
demonstration activity specified in the relevant standard...
***
31.
On or about September
5,
2002, Clean Harbors notified the Illinois EPA ofthe
applicability ofSubpart DD to its manufacturing activities.
32.
CleanHarbors had previously conducted various manufauturing activities
including the flammable pour-offconsolidation area ofbuilding 25 and the flammable tank farm,
for an unknown period prior to providing the initial notification ofapplicability to the Illinois
EPA. In doing so, Clean Harbors failed to timely notify the Illinois EPA ofthe applicability of
Subpart DD at the time when its affected Subpart DD source became subject to those
requirements.
25
33.
On or about September
5,
2002, Clean Harbors notified the Illinois EPA ofthe
compliance status ofits affected Subpart DD source and, on November 17, 2003, was issued a
Tile V permit by the Illinois EPA.
• 34.
Clean Harbors conducted various activities including the flammable pour-off
consolidation area ofBuilding 25 and the flammable tank farm, for a period oftime better known
to Respondent prior to providing a notification ofcompliance status to the illinois EPA. In doing
so, Clean Harbors failed to timely notify the Illinois EPA ofthe compliance status of its affected
Subpart DD source at the time when such source became subjectto Subpart DD.
35.
By failing to provide both an initial notification and a notification ofcompliance
status to the Illinois EPA in the manner described above, Clean Harbors violated Section 9.1(d)
ofthe Act, 415 ILCS 5/9.1(d)(2002), 40 C.F.R. 63.697(A)(10) and 40 C.F.R. 63.9(b)(1)(i) and
(h)(2).
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an order in favor ofthe Complainant and against the Respondent,
CLEAN HARBORS, on this Count IV:
1.
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein.
2.
Finding that the Respondent has violated Section 9.1(d) ofthe Act, 415 ILCS
5/9.l(d)(2002), 40 C.F.R. 63.697(a)(l) and 40 C.F.R. 63.9(b)(1)(i) and (h)(2);
3.
Ordering the Respondent to cease and desist from further violations of Section
9.1(d) of the Act, 415 ILCS 5/9.1(d)(2002), 40 C.F.R. 63.697(a)(1) and 40 C.F.R. 63.9(b)(1)(i)
and(h)(2);
26
4.
Assessing against the Respondent a civil penalty ofFifty Thousand Dollars
($50,000.00) for each and every violation ofthe Act and pertinent regulations, and an additional
penalty of Ten Thousand Dollars ($10,000.00) per day for each day ofviolation;
5.
Ordering the Respondent to pay all costs in this action, including attorney, expert
witness and consulting fees expended by the State in its pursuit ofthis action; and
• 6.
Granting such other relief as the Circuit Court deems just and appropriate.
COUNT V
FAILURE TO COMPLY WITH NATIONAL EMISSION STANDARDS FOR
HAZARDOUS AIR POLLUTANTS FROM OFF-SITE WASTE AND RECOVERY
OPERATIONS
-
REQUIREMENT FOR TANKS
1-28. Complainant realleges and incorporates by reference herein paragraphs 1 through
12 ofCount I, and paragraphs 13 through 28 ofCount ifi above, as Paragraphs 1 through 28 of
this Count V.
29.
Section 63.68 1 ofSubpart DD, Title 40 ofthe Code ofFederal Regulations 40
C.F.R. 63.68 1 (2001), entitled, “National Emission Standards for Hazardous Air Pollutants From
Off-Site Waste and Recovery Operations,” provides, in pertinent part, as follows:
Definitions:
Off-site material management unit
means a tank, container, surface impoundment,
oil-water separator, organic-water separator, or transfer system usedto manage
off-site material.
30.
Section 63.683 ofSubpart DD, Title 40 ofthe Code ofFederal Regulations,40
C.F.R. 63.683 (2001), provides, in pertinent part, as follows:
27
Standards: General
(a)
The general standards under this section apply to owners and operators of
affected sources as designated in §63.680(c) ofthis subpart.
(b)
Off-site management units
1.
For each off-site material management unit that is part ofan
affected source, the owner or operator must meet the requirements
in either paragraph (b)(1)(i), (b)(l)(ii), or (b)(1)(iii) ofthis section
except for those off-site material management units exempted
under paragraph (b)(2) ofthis section.
i)
The owner or operator controls air emissions from the off-
site material management unit in accordance with the
applicable standards specified in
§~63.685
through 63.689 ofthis subpart.
31.
Section 63.685 ofSubpart DD, Title 40 ofthe Code ofFederal Regulations, 40
C.F.R. 63.685 (2001), provides, in pertinent part, as follows:
Standards: Tanks
(a)
The provisions ofthis section apply to the control ofair emissions from
tanks for which §63.683(b)(1)(i) ofthis subpart references the use ofthis
section for such air emission control.
*
**
(g)
The owner or operator who controls tank air emissions by venting to a
control device shall meet the requirements specified in paragraphs (g)(1)
through (g)(3) ofthis section.
1.
The tank shall be covered by a fixed roofand vented directly
through a closed-vent system to a control device in accordance
with the following requirements:
***
ii.
Each opening in the fixed roofnot vented to shall be
equipped with a closure device. Ifthe pressure in the vapor
headspace underneath the fixed roofis less than
28
atmospheric pressure when the control device is operating,
the closure devices shall be designed to operate such that
when the closure device is secured in the closed position
there are no visible cracks, holes, gaps, or other open
spaces in the closure device orbetween the perimeter ofthe
cover opening and the closure device. Ifthe pressure in the
vapor headspace underneath the fixed roofis equal to or
greater than atmospheric pressure when the control device
is operating, the closure device shall be designed to operate
with no detectable organic emissions.
iii.
The fixed roof and its closure devices shall be made of
suitable materials that will minimize exposure ofthe off-
site material to the atmosphere, to the extent practical, and
will maintain the integrity ofthe equipment throughout its
intended service life. Factors to be considered when
selecting the materials for and designing the fixed roofand
closure devices shall include organic vapor permeability,
the effects ofany contact with the liquid and its vapor
managed in the tank; the effects ofoutdoor exposure to
wind, moisture, and sunlight; and the operating practices
used for the tank on which the fixed roof is installed.
32.
The several fixed roof tanks that are associated with Clean Harbors’ flammable
tank farm each constitute an “off-sitematerial management unit” as that term is defined under
Section 63.681 ofTitle 40 of the Code ofFederal Regulations.
33.
Clean Harbors ducts air emissions from its several fixed rooftanks associated
• with the flammable tank farm to two dual-bed carbon adsorption systems. The tanks are part of
the affected Subpart DD source for which Clean Harbors must comply with the applicable
standards specified in Section 63.685 through 63.689 ofTitle 40 ofthe Code ofFederal
Regulations.
34.
On April 12, 2002, there were elevated levels of VOM emissions emanating from
the affected Subpart DD fixed rooftanks. There were particularly high VOM emissions coming
29
from Tank No. 104, Tank No. 107 and in the vicinity ofseveral flame arrestors. Severalother
fixed roof tanks had readings that were elevated and ranged between 30 and 100 parts per
million.
35.
Further on April 12, 2002, notwithstanding the venting ofthe fixed rooftanks to
control device, the pressure in the vapor headspace underneath the fixed rooftanks was equal to
or greater than atmospheric pressure when the control device was operating. Clean Harbor was
therefore required to ensure that the closure device was designed to operate with no detectable
organic emissions in accordance with Section 63.685(g)(l)(ii) of Title 40 ofthe Code ofFederal
Regulations.
36.
By allowing the presence ofdetectable organic emissions from some ofthe fixed
rooftanks ofthe flammable tank farm when the pressure in the vapor headspace underneath the
rooftanks were equal to or greater than atmospheric pressure while the control device was
operating, Clean Harbors violated 40 C.F.R. 63.685(g)(1)(ii)(2001).
37.
On April 12, 2002, some ofthe gravity-activated seals for the flame arrestors were
eroded and the corrugated plastic piping associated with the North and South carbon adsorber
systems were the source ofelevated VOM emissions. Clean Harbors was required to ensure that
the fixed rooftank and closure devices were made ofsuitable materials for minimizing exposure
ofair emissions to the atmosphere and that the integrity of said equipment was maintained in
accordance with Section 63.685(g) (1)(iii) of Title 40 ofthe Code of Federal Regulations.
38.
By allowing the materials relating to some of the fixed rooftank and closure
devices to degrade and their integrity to fail, Clean Harbors violated also Section 9.1(d) ofthe
Act, 415 ILCS
5/9.1
(d)(2002), and 40 C.F.R. 63.685(g)(l)(iii)(2001).
30
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an order in favor ofthe Complainant and against the Respondent,
CLEAN HARBORS, on this Count V:
1.
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein.
2.
Finding that the Respondent has violated Section 9.1(d) ofthe Act, 415 ILCS
5/9.l(d)(2002), and 40 C.F.R. 63.685(g)(1)(ii) and (iii)(2001);
3.
Ordering the Respondent to cease and desist from further violations ofSection
9.1(d) ofthe Act, 415 ILCS 5/9.1(d)(2002), and 40 C.F.R.
63.685(g)(1)(ii)
and (iii)(2001);
4.
Assessing against the Respondent a civil penalty ofFifty Thousand Dollars
($50,000.00) for each and every violation ofthe Act and pertinent regulations, and an additional
penalty ofTen Thousand Dollars ($10,000.00) per day for each day ofviolation;
5.
Ordering the Respondent to pay all costs in this action, including attorney, expert
witness and consulting fees expended by the State in its pursuit ofthis action; and
6.
Granting such other relief as the Circuit Court deems just and appropriate.
COUNT VI
FAILURE TO COMPLY WITH NATIONAL EMISSION
STANDARDS FOR CONTAINERS
1-28. Complainant realleges and
incorporates by reference herein paragraphs 1 through
12 of Count I, and paragraphs 13 through 28 ofCount ffi, as paragraphs 1 through 28 ofthis
CountVI.
•
~
31
29.
Section 63.68 1 ofSubpart DD, Title 40 ofthe Code ofFederal Regulations, 40
C.F.R. 63.681 (2001), entitled “National Emission Standards for Hazardous AirPollutants From
Off-Site Waste and Recovery Operations,” provides, in pertinent part, as follows:
Definitions:
Container
means a portable unit used to hold material. Examples ofcontainers
include but are not limited to drums, dumpsters, roll-offboxes, bulk cargo
containers commonly known as “portable tanks” ortotes,” cargo tank trucks, and
tank rail cars.
Light material service
means the container is used to manage an off-site material
for which both ofthe following conditions apply: the vapor pressure ofone or
more ofthe organic constituents in the off-site material is greater than 0.3
kilopascals (kPa) at 20°Cis equal to or greater than 20 percent by weight.
30.
Section 63.683 of Subpart DD, Title 40 ofthe Code ofFederal Regulations, 40
C.F.R. 63.683 (2001), provides, in pertinent part, as follows:
Standards: General
(a)
The general standards under this section apply to owners and operators of
affected sources a designated in §63.680(c) ofthis subpart.
(b)
Off-site management units.
1.
For each off-site material management unit that is part of~an
affected source, the owner or operator must meet the requiniements
in either paragraph (b)(1)(i), (b)(1)(ii) or (b)(l)(iii) ofthis section
except for those off-site material management units exempted
under paragraph (b)(2) ofthis section.
31.
Section 63.688 of40 C.F.R. Part 63, Subpart DD, provides, in pertinent part, as
follows:
Standards: Containers
32
(a)
This section applies to owners and operators subject to this subpart and
required to control air emissions from containers using Container Level 2
controls.
(b)
The owner or operator shall control air emissions from each container
subject to this section in accordance with the following requirements, as.
applicable to the container...
***
(3)
For a container having a design capacity greater than 0.46
cubic meters and the container is in light-material service as
defmed in §6368 1 of this subpart, the owner or operator
must control air emissions from the container in accordance
with the requirements in either paragraph (b)(3)(i) or
(b)(3)(ii) ofthis section.
i.
The owner or operator controls air emissions from
the container in accordance with the standards for
Container Level 2 controls as specified in 40 CFR
Part 63, Subpart PP
-
National Emission Standards
for Containers.
32.
Section 63.920 of40 C.F.R. Part 63, Subpart PP, entitled “National Emission
Standards for Containers,” provides, in pertinent part, as follows:
Applicability
The provisions ofthis subpart apply to the control ofair emissions from
containers for which another subpart of40 CFR parts 60, 61 or 63 references the
use of this subpart for such air emission control. These air emission standards for
containers are placed here for administrative convenience and only apply to those
•
owners and operators offacilities subject to the other subparts that reference this
subpart.
33.
Section 63.923 of40 C.F.R. Part 63, Subpart PP, provides, in pertinent part, as
follows:
Standards
-
Container Level 2 controls
33
(a)
This section applies to owners and operators subjectto this subpart and
required to control air emissions from containers using Container Level 2
controls.
***
(d)
Whenever a regulated-material is in a container using Container Level 2
controls, the owner or operator shall install all covers and closure devices
for the container, and secure and maintain each closure device in the
closed position...
34.
The drums used in Clean Harbors’ drum processing activities in the consolidation
booth ofBuilding 25 each constitute a “container” that possess a design capacity of greater than
0.46 cubic meters and provide “light material service” as those terms are defined under Section
63.68 1 ofTitle 40 ofthe Code ofFederal Regulations.
35.
The drums associated with Clean Harbors’ drum processing activities in the
consolidation booth ofBuilding 25 also constitute an “off-site material management unit” as that
term is defined under Section 63.681 of Title 40 of the Code of federal regulations and must
control emissions from said containers in accordance with the requirements of40 C.F.R.
63.688(b)(3)(i) and 63.923(d).
36.
On August 24, 2001, the containers from the consolidation booth ofBuilding 25
were left open while the employees went to lunch.
37.
Clean Harbors failed to secure the containers in a closed position at the
aforementioned date and time in accordance with the requirements ofSubparts DD and PP of40
C.F.R. Part 63.
34
38.
By failing to comply with the applicable requirements forcontainers engaged in
Off-site Waste and Recovery Operations, Clean Harbors violated Section 9.1(d) ofthe Act, 415
JLCS 5/9.l(d)(2000) and 40 C.F.R. 63.688(b)(3)(i) and 63.923(d)(200l).
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an order in favor ofthe Complainant and against the Respondent,
CLEAN HARBORS, on this 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 9.1(d) ofthe Act, 415 ILCS
5/9.1(d)(2002), and 40 C.F.R. 63.688(b)(3)(i) and 63.923(d)(2001);
3.
Ordering the Respondent to cease and desist from further violations ofSection
9.1(d) of the Act, 415 ILCS 5/9.1(d)(2002), and 40 C.F.R. 63.688(b)(3)(i) and 63.923(d)(2001);
4.
Assessing against the Respondent a civil penalty ofFifty Thousand Dollars
($
50,000.00) for each and every violation ofthe Act and pertinent regulations, and an additional
penalty ofTen Thousand Dollars ($10,000.00) per day for each day ofviolation;
5.
Ordering the Respondent to pay all costs in this action, including attorney, expert
witness and consulting fees expendedby the State in its pursuit ofthis action; and
6.
Granting such other relief as the Circuit Court deems just and appropriate.
35
BY:
OF COUNSEL:
Paula Becker Wheeler
Assistant Attorney General
Environmental Bureau
Illinois Attorney General’s Office
188 W. Randolph St., 20th Fir.
Chicago,
IL 60601
Tel.: (312) 814-1511
PEOPLE OF THE STATE OF ILLINOIS,
ex rel.
LISA MADIGAN, Attorney General
ofthe State ofIllinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
Environmental Bureau
Assistant Attorney General
36
CERTIFICATE OF SERVICE
I, PAULA BECKER WHEELER, an attorney, do
certify
that I
caused to be served this 12th day of November, 2004, the
foregoing Complaint and Notice of Filing upon the person listed
on said Notice, by Certified Mail.
~
PAULA BECKER WHEELER
