R~CEJVED
CLERK’S OFRCE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
APR
29 2005
PEOPLE OF THE STATE OF ILLINOIS,
)
Poflu~onControl Board
Complainant,
v.
)
PCB No.
05-
~7~
(Enforcement
-
Air)
Bag Makers,
Inc.,
an Illinois
)•
corporation,
)•
Respondent.
NOTICE OF FILING
To:
See Attached Service List.
PLEASE TAKE NOTICE that
I have today filed with the Office of
the Clerk of the Pollution Control Board Complainant’s Complaint
for Civil Penalties,
a copy of which is herewith 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.
Ifyou have any questions about
this procedure,
you should contact the hearing officer assigned
to this proceeding,
the Clerk’s Office,
or an attorney.
LISA
MADIGAN
Attorney General
State of Illinois
J
IFE
A.
TOMI4S
April
29,
2005
Jennifer A.
Tomas
Assistant Attorney General
Environmental Bureau
188
W. Randolph Street, 20~Fl
Chicago, Illinois 60601
(312)
814-0609
SERVICE LIST
Steven Murawski
Gardner Carton & Douglas
191 N. Wacker Drive,
Suite 3700
Chicago,
Illinois
60606
Maureen Wozniak
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield,
Illinois 62794-9276
-S
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECE~VED
CLERK’SOFFICE
PEOPLE OF THE STATE OF
ILLINOIS,
APR 292005
Complainant,
)
STATE OF ILLINOIS
Pollution
Control Board
v.
)
PCB No.
05-
(Enforcement
-
Air)
Bag Makers,
Inc.,
an Illinois
corporation,
Respondent.
COMPLAINT FOR CIVIL PENALTIES
Complainant,
PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN,
Attorney General of the State of Illinois, complains of
Respondent, BAG MAKERS,
INC.,
an Illinois corporation,
as
follows:
COUNT I
CONSTRUCTING AIR EMISSION SOURCES WITHOUT A PERMIT
1.
This Complaint is brought on behalf of the People of
the State of Illinois, by Lisa Madigan, Attorney General of the
State of Illinois,
on her own motion and at the request of the
Illinois Environmental Protection Agency
(“Illinois EPA”)
2.
The Illinois EPA is an administrative agency of the
State of Illinois, created pursuant to Section 4 of the Illinois
Environmental Protection Act
(“Act”),
415 ILCS 5/4
(2002)
,
and
is charged,
inter alia,
with the duty of enforcing the Act.
3.
This Complaint is brought pursuant to Section 31 of
the Act,
415 ILCS 5/31
(2002),
and is an action for civil
penalties.
4.
At all times relevant to this Complaint,
Bag Makers,
Inc.
(“Bag Makers”)
was and is an Illinois corporation,
licensed
by the Illinois Secretary of Stateto conduct business in
Illinois.
5.
Bag Makers operates a flexographic printing facility
located at 6606 South Union Road,
Union, McHenry County,
Illinois
(“Site”)
6.
Bag Makers designs and produces paper and plastic
bags.
This process results in the emission of volatile organic
materials
(“VOM”)
into the atmosphere.
Emission sources at the
facility incl~defifteen
(15)
flexographic printing presses and
five
(5) silk screening presses.
7.
On July
1,
2003, Bag Makers. untimely submitted a
Federally Enforceable State Operating Permit
(“FESOP”)
application to the Illinois EPA to operate its fifteen
(15)
flexographic printing presses.
However,
the FESOP application
did not include Bag Makers’
operation of its five
(5)
silk
screening presses.
Bag Makers has since obtained a construction
permit for the silk screening presses and they will be included
in the pending FESOP.
2
8.
Section 9(b)
of the Act, 415 ILCS 5/9(b) (2002),
provides as follows:
No person shall:
*
*
b.
Construct,
install,
or operate any equipment,
facility,
vehicle, vessel, or aircraft capable of
causing or contributing to air pollution or
designed to prevent air pollution,
of any type
designated by Board regulations, without a permit
granted by the Agency,
or in violation of any
conditions imposed by such permit;
*
*
*
9.
Respondent’s emissions sources are capable of emitting
VON,
a contaminant injurious to human health and the atmosphere,
and therefore are capable of causing or contributing to air
pollution.
10.
Sections 3.115,
3.165 and 3.315 of the Act,
415 ILCS
5/3.115, 5/3.165 and 5/3.315
(2002), provide the following
definitions, respectively:
“AIR POLLUTION”, is the presence in the atmosphere of
one or more contaminants in sufficient quantities and
of such characteristics and duration as to be
injurious to human, plant, or animal life,
to health,
or to property, or to unreasonably interfere with the
enjoyment of life or property.
“CONTAI’~1INANT” is any solid,
liquid,
or gaseous matter,
any odor,
or any form of energy,
from whatever source.
“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
3
other legal entity,
or their legal representative,
agent or assigns.
11.
Bag Makers
is a “person” as that term is defined in
Section 3.315 of the Act, 415 ILCS 5/3.315
(2002).
12.
VOM is a “contaminant”
as that term is defined in
Section 3.165 of the Act, 415 ILCS 5/3.165
(2002)
13.
Section 201.142 of the Illinois Pollution Control
Board
(“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 ~onstruction
permit from the Agency,
except as provided in Sections
201.146 or Section 201.170(b)
of this Part.
14.
Section 201.102 of the Board Air Pollution
Regulations,
35
Ill. Adm. Code 201.102, provides the following
definitions:
“Construction”:
Commencement of on-site fabrication,
erection or installation of an emission source or of
air pollution control equipment.
“Emission Source”: Any equipment or facility of a type
capable of emitting specified air contaminants to the
atmosphere.
“New Emission Source”: Any emission source,
the
construction or modification of which is commenced on
or after April
14,
1972.
“Specified Air Contaminant”: any air contaminant as
to
which this Subtitle contains emission standards or
4
other specific limitations and any contaminant
regulated in Illinois pursuant ‘to Section 9.1 of the
Act.
15.
VOM is a “specified air contaminant” as that term is
defined in Section 201.102 of the Board Air Pollution
Regulations.
16.
Beginning, in 1996 and continuing until
2001,
on dates
better known to Bag Makers, Bag Makers constructed and began
operating fifteen
(15) flexographic printing presses at the Site
without the required State construction permit.
In 2003,
on a
date better known to Bag Makers, Bag Makers began constructing
and may have began operating its silk screening operation
without the required State construction permit.’
This new
equipment constituted “construction” of “new emission sources”
as those terms are defined by Section 201.102 of the Board Air
Pollution Regulations,
35
Ill. Adm. Code 201.102.
17.
Bag Makers failed to obtain the required construction
permit(s)
fror~the Illinois EPA prior to constructing new
emission sources at the Site.
18.
Bag Makers’
new emission sources were not exempted
from the State permitting requirements by the Illinois EPA
pursuant to Section 201.146 of the Board Air Pollution
Regulations,
35
Ill. Adm. Code 201.146.
19.
By constructing new emission sources without obtaining
any construction permits from the Illinois EPA, Bag Makers
5
violated Section 201.142 of the Board Air Pollution Regulations,
35
Ill. Adm. Code 201.142, and thereby, violated Section 9(b)
of
the Act,
415 ILCS 5/9(b) (2002),.
WHEREFORE,
Complainant, PEOPLE ‘OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter a~iorder against
Respondent,
BAG. MAKERS,
INC.,
for the following relief:
1.
Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2.
Fin~ingthat Respondent has violated Section 9(b)
of
the Act,
415 ILCS 5/9(b) (2002),
and Section 201.142
of the Board
Air Pollution Regulations,
35
Ill. Adm. Code 201.142;
3.
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,
and an additional civil
penalty of Ten Thousand Dollars
($10,000.00)
for
ea’ch day of
violation;
4..
Taxing all costs in this action,
including attorney,
expert witness and consultant fees,
against the Respondent;
and
5.
Granting such other relief as the Board deems
appropriate and just.
.
6
COUNT II
FAILURE TO OBTAIN OPERATING PERMITS FOR NEW EMISSION SOURCES
1-16.
Complainant realleges and incorporates by
reference herein paragraphs
1 through 12,
14 through 16, and 18
of Count
I as paragraphs
1 through 16 of this Count II.
‘.17.
Section 201.143 of the Board Air Pollution
Regulations,
35
Ill. Adm. Code 201.143, provides as follows:
Operating Permits 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 operati~nsas may be authorized by the
construction permit. Applications for operating
permits shall be made at such times and contain such
information
(in addition to the information required
by Section 201.157 as shall be specified in the
construction permit.
18.
Beginning in 1996 and continuing at least until
1998
when it became subject to the Clean Air Act Permitting Program
(“CAAPP”)
permitting requirement,
on dates better known to Bag
Makers, Bag Makers operated its flexographic printing and
silkscreen printing presses without the required State operating
permits.
.
19.
Bag Makers, by its actions’ and omissions as alleged
herein, violated Section 201.143 of the Board Air Pollution
Regulations,
35
Ill. Adm. Code 201.143, and thereby, violated
Section 9(b)
of the Act, 415 ILCS 5/9(b) (2002).
7
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondent,
BAG MAKERS,
INC.,
for the following relief:
‘1.
Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2.
Finding that Respondent has violated Section 9(b)
of
the Act, 415 ILCS 5/9(b) (2002),
and Section 201.143 of the Board
Air Pollution Regulations,
35
Ill. Adm. Code 201.143;
3.
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,
and an additional civil
penalty of Ten Thousand Dollars
($10,000.00)
for each day of
violation;
4.
Taxing all costs in this action,
including attorney,
expert witness and consultant
fees,
against the Respondent;
and
5.
‘
Granting such other relief as the Board deems
appropriate and just.
COUNT III
FAILURE
TO OBTAIN A CLEAN AIR ACT PERMIT PROGRAM
(CAAPP)
PERMIT
1-11.
Complainant realleges and incorporates by
reference herein paragraphs
1 through 7,
9 through 12,
and
paragraph 16 of Count
I
as paragraphs
1 through 11 of this Count
III.
8
12.
Information available to the Illinois EPA through
inspections, permit applications and other documents submitted
by Bag Makers to the Illinois EPA, indicates that since 1998,
on
dates better known to Bag Makers, Bag Makers has had a potential
to emit
(“PTE”)
of VON greater than 25 tons per year,
the
threshold for a major source,
and was thus required to obtain a
CAAPP permit.
On July 1,
2003,
Bag Makers submitted a FESOP
application,
excluding the five
(5)
silk screening presses,
at
least six (6)years after it arguably became a major source.
Bag Makers continues to operate without the required CAAPP
permit or FESOP permit.
13.
Section 39.5(1)
of the Act,
415 ILCS 5/39.5(1) (2002),
provides the following definitions:
“CAAPP” means the Clean Air Act Permit Program,
developed pursuant to Title V of the Clean Air Act.
“CAAPP Permit” or “permit”
(unless the context
suggests otherwise)
means any permit issued,
renewed,
amended, modified or revised pursuant to Title V of
the Clean Air Act.
“CAAPP source” means any source for which the owner or
operator is required to obtain a CAAPP permit pursuant
to subsection
2 of this Section.
“Owner or operator” means any person who owns,
leases,
operates, controls, or supervises a stationary source.
“Potential to emit” means the maximum capacity of a
stationary source to emit any air pollutant under its
physical and operational design. Any physical or
operational limitation on the capacity of a source to
emit an air pollutant,
including air pollution control
equipment and restrictions on hours of operation or on
9
the type or amount of material combusted;
stored,
or
processed,
shall, be treated as part of its design if
the limitation is enforceable by USEPA.
This
definition does not alter or affect the. use of this
term for any other purposes under the Clean Air Act,
or the term “capacity factor”
as used in Title
IV of
the Clean Air Act or the regulations promulgated
thereunder.
“Stationary source” means any building,
structure,
facility,
or installation that emits
or may emit any
regulated air pollutant or any pollutant listed under
Section 112(b)’ of the Clean Air Act.
14.
Bag Makers owns or operates a stationary source as
defined in Section 39.5(1)
of the Act, 415 ILCS 5/39.5(1) (2002).
15.
Section 39.5(2)
of the Act, 415 ILCS 39.5(2) (2002),
provides in pertinent part as follows:
2.
Applicability.
a.
Sources subject to this Section shall
include:
i.
Any major source as defined in
paragraph
(c) of this subsection.
*
*
*
c.
For purposes of this Section the term “major
source” means any source that is:
*
*
*
iii. A major stationary source as defined in
part D of Title
I of the Clean Air Act
including:
A.
For ozone nonattainment areas,
sources with the potential to emit
100 tons or more per year of
volatile organic compounds or
oxides of nitrogen in areas
classified as “marginal”
or
10
“moderate”,
.
.
.
25 tons or more
per year in. areas classified as
“severe”,
.
16.
The Bag Makers Site
is located in an area classified
as
“severe” nonattainment for ozone.
17.
Since at least
1998,
on dates better known to Bag
Makers, Bag Makers has had a potential to emit VON greater than
25 tons per year,
and thus became a major source under Section
39.5(2) (c) (iii) (A)
of the Act, 415 ILCS
5/39.5(2) (c) (iii) (A) (2002), and was required to obtain a CAAPP
permit from the Illinois EPA.
18.
Section 39.5(6) (b)
of the Act,
415
ILCS
5/39.5(6) (b) (2002), provides in pertinent part
as follows:
6.
Prohibition
*
*
*
b.
...
no person shall operate a CAAPP source
without a CAAPP permit unless the complete
CAAPP permit or renewal application for such
source has been timely submitted to the
Agency.’
19.
Since at least
1998,
the exact date being best known
by Bag Makers, Bag Makers has operated a major source without
the requisite CAAPP permit.
20.
By operating a major source without the requisite
CAAPP.permit, Bag Makers violated Section 39.5(6) (b)
of the Act,
415 ILCS 5/39.5(6) (b) (2002);
11
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondent, BAG MAKERS,
INC.,
for the following relief:
1.
Authorizing a hearing in this matter at which time
Respondent will be’ required to answer the allegations herein;
2.
Finding that Respondent has violated Section
39.5(6)(b)
of the Act, 415 ILCS 5/39.5(6)(b) (2002);
3.
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,
and an additional civil
penalty of Ten Thousand Dollars
($10,000.00)
for each day of
violation;
4.
Taxing all costs in this action,
including attorney,
expert witness and consultant
fees,
against the Respondent;
and
5.
Granting such other relief
as the Board deems
appropriate and just.
COUNT IV
FAILURE TO COMPLY WITH NEW SOURCE REVIEW
(NSR)
REQUIREMENTS
1-14.
Complainant realleges and incorporates by
•
reference herein paragraphs
1 through
7,
9 through 12,
and
paragraph 16 of Count
I and paragraphs
13 through 16 of Count
III as paragraphs
1 through 14 of this Count
IV.
15.
Section 9(a)
of the Act, 415 ILCS 5/9(a) (2002),
provides as follows:
‘12
.
No person shall:
a.
Cause or threaten or allow the discharge or
emission of any contaminant into the environment
in any State so as to cause or tend to cause air
pollution in Illinois, either alone or in
combination with contaminants from other sources,
or so as to violate regulations
or. standards
adopted by the Board under this Act;
16.
Pursuant to authority granted under the Act, the Board
has promulgated standards applicable to major stationary sources
of contaminants, at 35
Ill. Adm.
Code, Part 203
(“Board Major
Source regulations”)
17.
Section 203.201 of the Board Major Source regulations,
35
Ill. Adm. Code 203.2Q1,
provides,
in pertinent part,
as
follows:
In any nonattainment 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
nonattainment ‘area,
except as in compliance with this
Part for that pollutant.
18.
Information available to the Illinois EPA through
inspebtions, permit applications and other documents submitted
to the Illinois EPA,
indicates that beginning in 1998,
the exact
date being best known to Bag Makers, Bag Makers had a PTE of
greater than 25 tons per year of VOM in a nonattainment area,
when it added two
(2)
flexographic printing presses to its
facility.
Bag Makers added additional equipment to the facility
in 1999,
2000,
2001 and 2003 and thus constructed a major
13
modification to its facility.
Bag Makers failed to demonstrate
compliance with the Board’s NSR regulationsprior to adding any
of this equipment to its facility.
The Respondent thereby
violated Section 203.201 of the Board Major Source regulations,
35
Ill. Adm. Code 203.201, and thereby, also violated Section
9(a)
of the Act, 415 ILCS 5/9(a) (2002).
WHEREFORE,
Complainant,. PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondent,
BAG MAKERS,
INC.,
for the following relief:
1.
Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2.
Finding that Respondent has violated Section 9(a)
of
the Act, 415 ILCS 5/9(a) (2002)
and Section 203.201
of the Board
Major Source regulations;
3.
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,
and an additional civil
penalty of Ten Thousand Dollars
($10,000.00)
for each day of
violation;
4.
Taxing all costs
in this action,
including attorney,
expert witness and consultant
fees, against the Respondent; and
5.
Granting such other relief as the Board deems
appropriate and just.
14
COUNT V
FAILURE TO SUBMIT TIMELY AN1~UALEMISSIONS REPORTS
1-11.
Complainant realleges and incorporates by
reference herein paragraphs
1 through
7 and 10 through 12 of
Count
I and paragraph 15 of Count
IV as paragraphs
1 through 11
of this Count V.
12.
Section 201.102’ of the Board Air Pollution
Regulations,
35
Ill. Adm. Code 201.102, provides the following
definitions:
“Air Pollution Control Equipment”: Any equipment or
facility of a type intended to eliminate, prevent,
reduce.or control the emission of specified air
contaminants to the atmosphere.
“Emission Source”: Any equipment or facility of a type
capable of emitting specified air contaminants to the
atmosphere.
“Owner or Operator”: Any person who owns,
leases,
controls or supervises an emission source or air
pollution control equipment.
13.
Section 201.302(a)
of the Board Air Pollution
Regulations,
35
Ill. Adm. Code 201.302(a), provides as follows:
a.
-
The owner or operator of any emission unit or air
pollution control equipment,
unless specifically
exempted in this Section,
shall submit to the
Agency as a minimum,
annual reports detailing the
nature,
specific emission units and total annual
quantities of ‘all specified air contaminant
emissions; provided, however,
that the Agency may
require more frequent reports where necessary to
accomplish the purposes of the Act and this
Chapter.
15
14.
Bag Makers
is an “owner or operator” of an “emission
source”
as those terms are defined in Section 201.102.
15.
Bag Makers is not exempt from the provisions of
Section 2Q1.302(a)
of the Board Air Pollution Regulations, and
therefore obligated to submit annual reports detailing the
nature,
specific emission units and total annual quantities of
all specified air contaminantemissions.
16.
Section 254.137(a)
of the Illinois EPA Air Pollution
Regulations provides as follows:
a.
All Annual Emissions Reports are due by May
1 of
the year following the calendar year in which the
emissions took place.
17.
Section 254.132 (a)
of the Illinois’ EPA Air Pollution
Regulations,
35 Ill. Adm. Code 254.132(a), provides as follows:
a.
Failure to file a complete Annual Emissions
Report by the applicable deadlines prescribed in
Section 254.137(a)
of this Subpart shall be a
violation of this Part and 35
Iii.
Adm. Code
201.302(a).
18.
Bag Makers failed to timely submit Annual Emission
Reports
(“AER5”)
for calendar years
1996 through 2003.
AERs for
calendar years 1996 through 2003 were not submitted to the
Illinois EPA until November 10,
2004.
19.
By failing to submit timely AER5 for the years 1996
through 2003, Respondent violated Section 201.302(a)
of the
Board Air Pollution Regulations,
35
Ill. Adm. Code Section
201.302(a),
and Sections 254.137(a)
and 254.132(a)
of the
16
.
Illinois EPA Air Pollution Regulations,
35 Ill. Adm. Code
254.137(a)
and 254.132 (a), and thereby also violated Section
9(a) of the Act, 415 ILCS 5/9(a) (2002)
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondent, BAG MAKERS,
INC.,
for the following relief:
1.
Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2.
Finding that Respondent has violated Section 9(a)
of
the Act, 415 ILCS 5/9(a) (2002),
Section 201.302(a)
of the ‘Board
Air Pollution Regulations,
35
Ill. Adm. Code 201.302(a),,
and
Sections 254.137(a)
and 254.132(a)
of the Illinois EPA Air
Pollution Regulations,
35
Ill. Adm. Code 254.137(a)
and
254.132(a);
3. .
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,
and an additional
civil
penalty of Ten Thousand Dollars
($10,000.00)
for each day of
violation;
4.
Taxing all costs in this action,
including attorney,
expert witness and consultant
fees,’ against the Respondent;
and
5.
Granting such other relief as the Board deems
appropriate and just.
17
COUNT VI
VIOLATION OF FLEXOGRAPHIC PRINTING RULES:
FAILURE TO MAINTAIN RECORDS
1-11.
-
Complainant realleges and incorporates by
reference herein paragraphs
1 thro.ugh
7 and 10 through 12 of
Count
I and paragraph 15 of Count
IV as paragraphs
1 through 11
of this Count VI.
.
‘
12.
Pursuant to authority granted under the Act, the Board
has promulgated regulations limiting organic material emissions
in the Chicago area,
found at
35 Ill.
Adm. Code,
Part 218
(“O/M
Emission regulations”)
13.
Section 218.103 of the 0/N Emission regulations,
35
Ill. Adm. Code 218.103, provides,
in pertinent part,
as follows:
Applicability
The provisions of this Part shall apply to all sources
located in the Chicago area, which is composed of
Cook, DuPage,
Kane,
Lake, ‘McHenry, and Will Counties,
and Aux Sable Township and Goose Lake Township in
Grundy County, and O~wegoTownship in Kendall County.
14.
Section 218.106
of the O/M Emission regulations,
35
Ill. Adm. Code 218.106, provides in pertinent part, as follows:
Compliance Dates
a)
Except as otherwise provided in this Section or
as otherwise provided in a specific Subpart of
this Part,
compliance with the requirements of
all 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 of this Subpart.
18
15.
Subpart H of the 0/N ~mission regulations, titled
PRINITING
AND
PUBLISHING
(“Flexographic Printing Rules”),
regulates organic material content, material usage reporting,
and record keeping for the flexographic printing industry within
the greater Chicago area,
including McHenry County,
Illinois.
16.
Section 218.402 of the Flexographic Printing Rules,
35
Ill. Adm. Code 218.402, provides in pertinent part,
as follows:
Applicability
-
a)
The limitations of Section 218.401 of this Part
apply to all flexographic and rotogravure
printing lines at
a subject source.
Sources with
flexographic and/or rotogravure printing lines
are subject sources if:
1)
Total maximum theoretical emissions of VOM
from all flexographic and rotogravure
printing line(s)
(including solvents used
for cleanup operations associated with
flexographic and rotogravure printing
line(s))
at the source ever exceed 90.7 Mg
(100 tons)
per calendar year and the
flexographic and rotogravure printing
line(s)
(including solvents used for cleanup.
operations associated with flexographic and
rotogravure printing line(s))
at the source
are not limited to less than 90.7 Mg
(100
tons)
of VOM emissions per calendar year in
the absence of air pollution control
equipment through production or capacity
limitations contained in a federally
enforceable permit or a SIP revision;
or
17.
Respondent’s fifteen
(15)
flexographic printing
presses are exempt from the emissions limitations of 218.401
because its maximum theoretical emissions
(“MTE”)
will be
limited by a FESOP as provided in Section 218.402,
35 Ill Adm.
19
Code 218.402.
Bag Makers is the
“owner or operator” of
flexographic printing emission sources.
18.
Section 218.404(b)
of the Flexographic Printing Rules,
35
Ill. Adm. Code 218.404(b),
provides,
in pertinent part,
as
follows:
Recordkeeping and Reporting
*
*
*
b)
Any owner or operator of a printing linéwhich is
exempted from the limitations of Section 218.401
of this Part because of the criteria in Section
218.402 of this Part shall comply with the
following:
1)
By a date consistent with Section 218.106 of
this Part,
the owner or operator of a
flexographic and rotogravure printing line
to which this subsection is applicable shall
certify to the Agency that the flexographic
and rotogravure printing line is exempt
under the’provisions of Section 218.402 of
this Part. Such certification shall include:
A)
A declaration, that the flexographic and
rotogravure printing line’ is exempt
from the limitations
of the criteria in
Section 218.401 of this Part because of
Section 218.402
of this Part,
and
B)
Calculations which demonstrate that
total maximum theoretical emissions of
VOM from all flexographic and
rotogravure printing lines at t~
source never exceed 90.7 Mg
(100 tons)
per calendar year before the
application of capture systems and
control devices.
.
.
2)
On and after a date consistent with Section
218.106 of this Part,
the owner or operator
of a flexographic and rotogravure printing
20
line referenced in this subsection shall
collect and record all of the following
information each year for each printing line
and maintain the information at the source
for a period of three years:
A)
The name,and identification
number
of
each coating and ink as applied on each
printing line.
B)
The VOM content and the volume of each
coating and ink as applied each year on
each printing line.
3)
On and after a date consistent with Section
218.106 of this Part,
the owner or operator
of a flexographic and rotogravure printing
line exempted from the limitations of
Section 218.401 of this Part because of the
criteria in Section 218.402 of this Part
shall notify the Agency of any record
showing that total maximum theoretical
emissions of VOM from all printing lines
exceed 90.7 Mg
(100 tons)
in any calendar
year before the application of capture
systems and control devices by sending a
copy of such record to the Agency within 30
days after the exceedance occurs.
19.
Beginning in 1996,
on dates better known to Bag
Makers, Bag Makers has failed to keep the required record and
make the required reports to the Illinois EPA.
Respondent has
thereby violated Section 218.404(b)
of the Flexographic Printing
Rules,
35
Ill.
Adm. Code 218.404(b),
and thereby also violated
Section 9(a)
of the Act, 415 ILCS 5/9(a) (2002)
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
• respectfully requests that the Board enter an order against
Respondent,
BAG MAKERS,
INC.,
for the following relief:
•
21
1.
Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2.
Finding that Respondent has violated Section 9(a)
of
the Act, 415 ILCS 5/9(a) (2002),
and Section 218.404(b)
of the
Flexographic Printing Rules,
35
Ill. Adm. Code 218.404(b);
3.
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, and an additional civil
penalty of Ten Thousand Dollars’ ($10,000.00)
for each day of
violation;
4.
Taxing all costs
in this action,
including attorney,
expert witness and consultant fees,
again~tthe Respondent; and
22
5.
Granting such other relief as the Board deems
appropriate and just.
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney
General of the State of Illinois
MATTHEW J. DUNN,
Chief
Environmental Enforcement
/
Asbestos Litigation Division
By:
Environmental Bureau
Assistant Attorney General
Of Counsel:
Jennifer A. Tomas
Assistant Attorney General
Environmental Bureau
188 W. Randolph Street,
Suite 2001
Chicago, Illinois 60601
(312)
814-0609
23
CERTIFICATE OF SERVICE
I,
JENNIFER
A.
TOMAS,
an Assistant Attorney General,
certify that on the
29th
day of April 2005,
I caused to be served
by Certified Mail,
Return Receipt Requested,
the foregoing
Complaint to the parties named on the attached service list,
by
depositing same in postage prepaid envelopes with the United
States Postal Service located at 100 West Randolph Street,
Chicago, Illinois 60601.
C~~IFER
.
TOMAS
