BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK’S OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
)
MAY 31 2005
Complainant,
)
STATE OF ILUNQIS
?~IutiOfl
Contro~.BOard
v.
)
PCB No.
059..vI
(Enforcement
-
Air)
ILLINOIS TOOL WORKS,
INC.,
a
Delaware 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 Eoard 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.
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.
LISA
MkDIGAN
Attorney General
State of Illinois
\~NNI
FEI~.A. TOMAS
May 31,
2005
Jennifer A.
Tomas
Assistant Attorney General
Environmental Bureau
188
W. Randolph Street,
20th
Fl
Chicago, Illinois 60601
(312)
814-0609
SERVICE LIST
.Stéwart•.~S.Hudnut
.Agènt,.ILJ4flOiS Tool Works,
Inc.
3690 W
Lake Avenue
Glenview,
Illinois 60025
Patricia Sharkey
Mayer Brown Rowe
& Maw
190
S.
LaSalle Street
Chicago,
Illinois 60603
Maureen Wozniak
Assistant-Counsel, Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield,
Illinois 62794-9276
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDCLERK’SOFFICE
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
)
MAY
31
2005
-
STATE OF
ILLIWOIS
Complainant,
)
Pollution
Control Board
v.
)
PCB
No.
0~~.O1
-
(Enforcement
-
Air)
ILLINOIS TOOL WORKS,
INC.,
a
Delaware 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,
ILLINOIS TOOL WORKS,
INC.,
a Delaware 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.
--
‘‘
~.•~•“ThisComplaint
is brought pursuant to Section 31 of
the Act,
415 ILCS 5/31
(2002)
,
and is an action for civil
penálties.~
4.
At all times relevant to this Complaint,
Illinois Tool
Works,
Inc.
(“ITW”) was and is a Delaware corporation,
licensed
by the Illinois Secretary of State to conduct business in
Illinois.
5.
ITW operates a plastics injection molding facility
located at 195 Algonquin Road,
Des Plaines, Cook County,
Illinois
(“Site”)
6.
ITW produces stamped metal and molded plastic
fasteners and components.
This process involves regulated
emissions of volatile organic materials
(“VOM”)
such as plastic
resin material, vanishing oil,
plastisols,
and clean-up solvent.
-
Emission sources at the facility include the Plastic Injection
Molding Department
(67 injection molding machines), Metal
Stamping Department,
(16 ‘metal stamping machines), Bumper
Department
(5 production lines), Wipe Cleaning with Solvent
Operation, Natural Gas-Fired Boilers
(2)
and Cold Cleaning
Solvent Parts Washers
(4)
7.
On March 13,
1998,
the Illinois EPA issued a lifetime
operating permit to ITW.
-
At that time,
information submitted to
the Illinois EPA by ITW indicated that ITW was operating below
the potential to emit
(“PTE”) VOM threshold of 25 tons per year.
2
8.
On July 22,
2002,
ITW submitted a Federally
Enforceable State Operating Permit
(“FESOP”)
application to the
Illinois EPA.
The information contained in the application
indicated to the Illinois EPA that at some time in the past, on
dates better know to the Respondent,
ITW had become, a major
source, with a PTE greater than 25 tons per year of VOM, and had
constructed and operated various emission sources, including
injection molding machines, metal stamping presses, and
degreasers,
without the ‘required construction and operating
permits.
9.
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;
*
*
*
10.
Respondent’s emissions sources are capable of emitting
VOM,
a contaminant injurious to human health and the atmosphere,
and therefore are capable’ of causing or contributing to air
pollution.
3
.11.
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.
“CONTAMINANT”
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
other legal entity,
or their legal representative,
agent or assigns.
12.
ITW, is a “person” as that term is defined in Section
3.315 of the Act, 415 ILCS 5/3.315
(2002)
13.
VOM is a “contaminant” as that term is defined in
Section 3.16-5 of the Act,’ 415 ILCS 5/3.165
(2002)
14.
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 construction
permit from the Agency,
except as provided in Sections
201.146 or Section 201.170(b)
of this Part.
4
15.
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
other specific limitations and any contaminant
regulated in Illinois pursuant to Section 9.1 of the
Act.
16.
VOM is
a “specified air contaminant”as that term is
defined in Section 201.102 of the Board Air Pollution
Regulations.
17.
Between 1998 and 2003,
the exact dates being better
known to
ITW,
ITW installed and began operating metal stamping
presses, injection molding machines and open molding operations
at
its facility in Des Plaines,
Illinois.
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.
5
18.
ITW failed to obtain required construction permit(s)
from the Illinois EPA prior to constructing the new emission
sources at the Site.
19.
ITW’s 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.
20.
By constructing new emission sources without obtaining
any construction permits from the Illinois EPA,
ITW 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 an order against
Respondent,
ILLINOIS TOOL WORKS,
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 201.142 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
6
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 II
-FAILURE TO OBTAIN OPERATING PERMITS FOR NEW EMISSION SOURCES
1-17.
Complainant
realleges
and
incorporates
by
reference herein paragraphs
1 through 13,
15 through 17,
and 19
of Count
I as paragraphs
1 through 17 of this Count
II.
18.
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 operations -as 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.
19.
Between 1998 and 2003,
the exact dates being better
known to ITW,
ITW installed and began operating emission
equipment at its Site.
7
20.
Between 1998 and 2003,
the- exact dates being better
known to ITW, and:continuing until May 19,
2004,
ITW operated
the new emission sources at the Site without obtaining an
-
operating permit from the Illinois EPA.
21.
ITW, 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)
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondent,
ILLINOIS TOOL WORKS,
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 thiâ action,
including attorney,
expert witness and consultant
fees,
against the Respondent; and
8
5.
Granting such other relief as the Board deems
appropriate and just.
COUNT III
-
FAILURE TO ‘SUBMIT TIMELY ANNtJAL EMISSIONS REPORTS
1-11.
Complainant realleges and incorporates by
reference herein paragraphs
1 through
8 and 11 through
13 of
Count
I as paragraphs
1 through 11 of this Count III.
12.
Section 9(a)
of the Act,
415 ILCS 5/9(a) (2002),
provides as follows:
No person shall:
a.
Cause or threaten or allow the discharge or
emission of any contaminant into the environment
in any State so as to cause or tend to cause air
pollution in Illinois, either alone or in
combination with contaminants from other sources,
or so as to violate regulations or standards
adopted by the Board under, this Act;
13.
Section 201.102 of the Board Air Pollution
Regu-lations,
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.
9
-
14.
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.
ITW is an “owner or operator” of an “emission-source”
as those terms are defined in Section 201.102.
-
16.
ITW is not exempt from the provisions of Section
201.302(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 contaminant emissions.
17.
Section 254.137(a)
of the Board 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.
-
18.
Section 254.132(a)
of the Board 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
Ill. Adm. Code
201.302(a).
-
10
19.
-
ITW failed to submit complete and accurate Annual
Emission Reports
(“AERs”)
from 1992 through 2002.
Although ITW
did submit reports during those years,
they failed to accurately
reflect all emissions from the source.
ITW did not submit
complete and accurate reports until February 6,
2004.
20.
By failing to submit complete AERs for the years
1992
through 2002 until February 6,
2004, Respondent violated
Sections 201.302(a),
254.137(a) and 254.132(a)
of the Board Air
Pollution Regulations,
35
Ill. Adm. Code Sections 201.302 (a),
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,
ILLINOIS TOOL WORKS,
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 Sections 201.302(a),
254.137(a)
and 254.132(a)
of the Board Air Pollution
Regulations,
35
Ill. Adm. Code 201.302(a),
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
-
11
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 OBTAIN
A CLEAN
AIR ACT
PERMIT
PROGRAM
(CAAPP)
PERMIT
1-13.
Complainant realleges and incorporates by
reference herein paragraphs
1 through
8,
10 through 13,
and
paragraph 17 of Count
I as paragraphs
1 through 13 of this Count
IV.
14.
On February 6,
2004,
May 14,
2004 and February 17,
2005,
ITW submitted information to the Illinois EPA attempting
to document that its PTE for VOM is less than 25 tons per year.
The Illinois EPA believes ITW’s calculations are incorrectly
performed.
15.
Section 39.5(1)
o-f 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.
-
12
-
“CAAPP source” means any source for which the owner or
operator is required to obtain a
CAAP.P
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
the type or amount of material combusted,
stored,
or
processed,
shall be treated as part of
it.s design if
the limitation is enforceable by IJSEPA. 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.
16.
ITW owns or operates a stationary source as defined in
Section 39.5(1)
of the Act, 415 ILCS5/39.5(1) (2002).
17.-
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:
13
*
*
*
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
“moderate”,
.
.-
.
25 tons or more
per year in areas classified as
“severe”,
.
.
.
-
18.
The ITW Site is located in an area classified as
“severe” nonattainment for ozone.
19.
Between 1998 and 2003,
the exact date better known to
ITW,
ITW’s PTE increased to 25 tons or more of VOM per year and
ITW 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.
20.
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.
-
14
21.
Beginning
on
a
date
between
1998’
and
2003,
the-exact
date
better
known
to
ITW,
and
continuing
until
May
19,
2004,
ITW
‘operated a major source without the requisite CAAPP permit.
22.
By operating a major source without
the
requisite
CAAPP
permit,
ITW
violated
Section
39.5(6)
(b)
of
the
Act,
415
ILCS 5/39.5(6)
(b) (2002)
WHEREFORE,
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
respectfully requests that the Board enter an order against
Respondent,
ILLINOIS
TOOL
WORKS,
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
15
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:
Of Counsel:
Jennifer A.
Tomas
Assistant Attorney General
Environmental Bureau
188 W. Randolph Street,
Suite 2001
Chicago,
Illinois 60601
-(312)
814-0609
)SEMARIE
CAZEAU,
Environmental Bureau
-Assistant Attorney General
16
CERTIFICATE OF SERVICE
I, JENNIFER A.
TOMAS,
an Assistant Attorney General,
certify that on the
31st
day of May 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.
~J~JNIFERjA.
TOMAS
