RECEIVED
CLERK’S OF~!(~E
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUN
072005
PEOPLE
OF THE STATE
OF ILLINOIS,
STATE OFILLINOIS
Pollution Control Board
Complainant,
-vs-
)
No.
PRECISION TWIST DRILL
CO.,,
a Delaware corporation,
)
(Enforcement
-
Air)
Respondent.
To: See Attached Service List.
NOTICE OF FILING
PLEASE
TAKE
NOTICE that we have today,
June
7,
2005,
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:
~ULk
~
kL~d~
PAULA BECK’~RWHEELER
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.,
20th
Fir.
Chicago,
IL 60601
(312)
814-1511
THIS DOCUI’~1ENTIS PRINTED ON RECYCLED PAPER
SERVICE LIST
Mr.
John
McAleese
Morgan Lewis
Attorney for Respondent
1701 Market Street
Philadelphia,
PA 19103
RECEIVED
CLERK’S OFFICE
BEFORE THE ILUNOIS POLLUTION CONTROL BOARD
JUN 07 2005
STATE OF ILLINOIS
PEOPLEOF
THE STATE
OF
ILLINOIS,
)
Pollution Control Board
)
Complainant,
)
VS.
)
No.
)
PRECISION TWIST DRILL CO., a Delaware
)
corporation,
)
)
Respondent.
)
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General ofthe State ofthe State ofIllinois,
complains ofRespondent, PRECISION TWIST
DRILL CO., a Delaware corporation, as follows:
COUNT I
FAILURE TO
OBTAIN A CAAPP PERMIT AND PAY CAMP PERMIT
FEES
1.
This complaint
is brought on behalf ofthe People ofthe State ofIllinois, by
LISA
MADIGAN, Attorney General ofthe State ofillinois, on her own motion and at the request of
the Illinois Environmental Protection Agency (“Illinois EPA”), pursuant to
Section 31 ofthe
Illinois Environmental Protection Act,
415
ILCS 5/31 (2002)(”Act”).
2.
The Illinois EPA is an administrative agency ofthe State ofIllinois created
pursuant to Section 4 ofthe Illinois
Environmental Protection Act (“Act”), 415 ILCS
5/4
(2002),
and charged,
inter alia,
with the duty of enforcing the Act.
3.
At all times relevant to this complaint, Respondent, PRECISION TWIST DRILL
CO., (“Precision”),
has been and is a Delaware corporation, registered with the Secretary of
1.
State’s Office to do business within the
State ofillinois, and is in good standing.
4.
RespondentPrecision owns and operates a drill bit manufacturing facility
(“facility”) at 301
Industrial Drive, Crystal Lake, McHenry County, Illinois.
Emission sources at
the facility include’ a drill bit stamping process, rust inhibitor coating operations, and two cold
cleaning degreasers.
5.
Section 3.315 ofthe Act, 415 ILCS
5/3.315
(2002), provides the following
definition:
“PERSON” is any individual, partnership, co-partnership,
firm, company,
limited liability company, corporation, association, joint stock company,
trust, estate, political subdivision, state agency, or any other legal
entity,
or their legal representative, agent or assigns.
6.
Precision is a “person” within the meaning of the definition listed in Section 3.315
ofthe
Act.
7.
Respondent’s operatiOn ofthe facilityis
subject to the Act and rules and
regulations promulgated by the Illinois Pollution Control Board (“Board”) and the Illinois EPA.
The Pollution Control Board’s regulations are found in Title
35,
Subtitle B, Chapter I ofthe
Illinois Administrative Code (“Board Air Pollution Regulations”), and the Illinois EPA rules and
regulations for air pollution are found in Title
35,
Subtitle B, Chapter II ofthe Illinois
Administrative Code (“Illinois EPA Air Pollution Regulations”).
8.
Section 201.102 ofthe Board AirPollution Regulations,
35
Ill. Adm.
Code
20 1.102, provides,
in pertinent part, the following definitions:
“EMISSION SOURCE”: any equipment or facility ofa type of
emitting specified air contaminants to the atmosphere.
“NEW EMISSION SOURCE”: any emission source, the
2
construction or modification ofwhich is
commenced on or after
April 14,
1972.
“SPECIFIED AIR CONTAMINANT”: any air contaminant
as to
which this Subtitle contains emissions standards or other specific
limitations and any contaminant regulated in Illinois pursuant to
Section 9.1 ofthe Act.
“AIR POLLUTION CONTROL EQUIPMENT”: any equipment or
facility of a type intended to eliminate, prevent, reduce or control
the emission ofspecified air contaminants to the atmosphere.
“NEW AIRPOLLUTION CONTROL EQUIPMENT”: any air
pollution control equipment, the construction or modification of
which is commenced on or afterApril 14,
1972.
9.
Volatile organic material (“VOM”) is a “specified air contaminant” as the term is
defined in Section 201.102 ofthe Board Air Pollution Regulations, 35 Ill. Adm.
Code 201.102.
10.
The drill bit stamping process, rust inhibitor coating operations, and two cold
cleaning degreasers, constructed sometime prior to 2002, or on a date better known to
the
Respondent, emit VOM and hazardous air pollutants, (“HAPs”),
into the atmosphere, and are
“new emission sources”, as that term is defined in Section 201.102 ofthe Board Air Pollution
Regulations.
11.
Section
39.5(6)(b)
ofthe Act, 415 ILCS
5/39.5(6)(b)
(2002), provides as follows:
Prohibition
*
*
*
(b)
After the applicable CAAPP permit or renewal application submittal
date, as specified in subsection
5
ofthis Section, no person shall operate
a CAAPP source without a CAAPP permit unless the complete CAAPP
permit or renewal application for such a source has been timelysubmitted
to the Agency.
12.
Section
39.5(1)
ofthe Act, 415 ILCS
5/39.5
(1)(2002), provides the following
definitions:
3
“CAAPP” means the Clean Air Act Permit Program developed pursuant
to Title V ofthe Clean Air Act.
“CAAPP PERMIT”... means any permit issued, renewed, amended,
modified, or revised pursuant to Title V ofthe Clean Air Act.
“SOURCE” means any stationary source (or any group of stationary
sources that are located on one or more contiguous or adjacent properties,
and are under common control ofthe same person orpersons under
common control) and that belongs to a single major industrial grouping....
“OWNER or OPERATOR” means any person who
owns, leases,
operates, controls, or supervises a stationary source.
“REGULATED AIR POLLUTANT” means the following:
(1) Nitrogen Oxides (NO~)
or any volatile organic compound....
“STATIONARY SOURCE” means
any building, structure, facility,
or installation that emits ormay emit any regulated air pollutant or any pollutant
listed under
Section
112(b) ofthe Clean Air Act.
13.
Section
39.5(2)
ofthe Act, 415 ILCS
5/39.5(2)
(2002), provides, in pertinent part,
as follows:
Applicability
a.
Sources subject to this Section shall include:
i.
Anymajor source as defined in paragraph (c) ofthis subsection.
*
*
*
c.
Forpurposes ofthis Section the term “MAJOR SOURCE” means any
source that is:
i.
A major source under Section
112 ofthe Clean Air Act, which is
defined as:
A.
For pollutants other than radionuclides, any stationary source
or group of stationary sources locatedwithin a contiguous area and
under common control that emits or has the potential to
emit, in the
aggregate,
10 tons per year (tpy) ormore ofany hazardous air
pollutant which has been listed pursuant to Section 112(b) ofthe
4
Clean Air Act, 25 tpy or more of any combination ofsuch
hazardous air pollutants, or such lesser quantity as USEPA may
establish by rule.
*
*
*
iii. A major stationary source as defined in Part D ofTitle I ofthe Clean
Air Act including:
A. For ozone nonattainment areas, sources with the potential to
emit 100 tons ormore per year ofvolatile organic compounds or
oxides ofnitrogen in areas classified as “marginal” or “moderate”,
50 tons or more per year in areas classified as “serious”, 25 tons or
more per year in areas classified as “severe”,
and 10 tons or more
per year in areas classified as “extreme”;
*
*
*
14.
The Illinois EPA Air Pollution Regulations pertaining to the Clean Air Act Permit
Program Procedures,
35 Ill. Adm. Code Part 270
etseq,
were effective starting January 4,
1994.
The Title V Program
(i.e. the statutory provision of415 ILCS 5/39.5) was approved by USEPA
in its final interim approval dated March 7,
1995.
15.
Section 270.105 ofthe Illinois EPA AirPollution Regulations, 35 Ill.
Adm. Code
270.105, provides the following definition:
“NEW CAAPP SOURCE” means a CAAPP source that
is not an existing CAAPP
source.
16.
Section 270.107 ofthe Illinois
EPA Air Pollution Regulations,
35
111.
Adm. Code
270.107, entitled, “Applicability”, provides as follows:
This part applies to the owner or operator ofany source requiredto
have an operating permit pursuant to Section
39.5 ofthe Act.
17.
Section 270.301 ofthe Illinois
EPA Rules, 35
111.
Adm. Code 270.201, entitled,
“Application Submittal”, provides, in pertinent part, as follows:
5
*
*
*
b)
The owneror operator ofa new CAAPP source shall submit its complete
CAAPP application consistent with Section
39.5(5)
of the Act.
*
*
*
18.
Section
39.5(5)(x)
ofthe Act, 415 ILCS
5/39.5(5)(x)(2002),
provides, in pertinent
part, as follows:
*
*
*
x)
The owner or operator of a new CAAPP source shall submit its complete
CAAPP application consistent with this
subsection within
12 months after
commencing operation ofsuch source.
*
*
*
19.
Section
211.7150
of the
Board
Air Pollution
Regulations,
35
Ill.
Adm.
Code
211.7150, provides the following definition:
“VOLATILE ORGANIC MATERIAL (VOM)” or volatile organic
compound means any compound ofcarbon excluding carbon monoxide,
carbon dioxide, carbonic acid, metallic carbides or carbonates, and
arnmonium carbonate, which participates in atmospheric photo-
chemical reactions.
20.
The emission sources described in paragraph 4 of Count I ofthis
Complaint emit
VOM
and HAPs, regulated air pollutants,
as defined by
Section
39.5(1) of the
Act,
415
ILCS
5/39.5(1) (2002).
21.
Precision is located in an area classified as severe nonaltainment for ozone.
22.
Sinceat least2002, ora date better known to Respondent,Precision hashad potential
emissions ofVOM from its operations greater than 25 tons per year
and potential
emissions ofa
HAP, perchoroethylene,
greater than
10 tons per year.
Therefore, the Respondent’s facility
is a
stationary source as defined in Section 39.5(1) ofthe Act,
415 ILCS
5/39.5(1) (2002).
6
23.
Because Precision emits or hasthepotential to emit annualVOMemissions in excess
of 25
T/yr,
and
a
single HAP
in
excess of 10
t/yr,
it is
a major source as
defined in
Sections
39.5(2)(c)(i)(A)
and
39.5(2)(c)(iii)(A)of
the
Act,
415
ILCS
5/39.5(2)(c)(i)(A),
5/39.5(2)(c)(iii)(A)(2002),
and a
CAAPP source.
Therefore, the Clean Air Act Permit Program,
set forth in Section 39.5 oftheAct, 415 ILCS
5/39.5 etseq
(2002), and in 35111. Adm. Code 270.107
et seq,
are applicable to the Respondent and its facility.
24.
Sinceat least2002 through thedate offiling ofthis complaint, Precisionhas operated
a CAAPP source withoutthe requisite CAAPPpermit, pursuant to Section 39.5(6)(b) oftheAct, 415
ILCS
5/39.5(6)(b).
Respondent did not submit a proper,
complete application until September 2,
2004.
25.
By not
obtaining
a CAAPP permit within
12 months after initial
operation of the
source, Precision violated Section
39.5(6)(b)
ofthe Act, 415 ILCS
5/39.5(6)(b)(2002).
WBEREFORE,
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
respectfully
requests that the Board enter Order against the Respondent, PRECISION TWIST DRILL CO., on
this Count I:
A.
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein;
B.
Finding that Respondent has violated Section
39.5(6)(b)
ofthe Act, 415
TLCS
5/39.5(6)(b)(2002);
C.
Ordering
the Respondentto
cease and desist from any further violations ofSection
39.5(6)(b)
ofthe Act,
415
ILCS
5/39.5(6)(b)
(2002);
D.
Assessing against Respondenta civil penalty oftenthousand dollars-($ 1 0~OOO.O0)
for
7
each and every violation ofthe Act and its promulgated regulations;
E.
Taxing all costs in this action, including, but not limited to, attorney, expert witness
and consultant fees,
against Respondent;
and
F.
Granting such other relief as the Board deems appropriate and just.
COUNT II
EMISSION LIMITATION VIOLATIONS
1-23.
Complainant realleges and incorporates by referencehereinparagraph~
1 Through 23
of Count I
as paragraphs
1
through 23 ofthis Count II.
24.
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 of
any contaminant into the environment in any
State so as to
cause ortendto cause air pollution in Illinois, either alone or
in
combination
from
other
sources,
or
so
as
to
violate
regulations or standards adopted by theBoard under this Act.
25.
Precision’s facilityhas emitted and continues to emit, VOM, as the result ofits rust
inhibitor coating operations.
26.
Section 3.165 oftheAct, 415 ILCS 5/3.165(2002), provides the following definition:
“CONTAMINANT” is any solid, liquid,
gaseous, matter, any odor, or any
form of energy, from whatever source.
27.
VOM is a “contaminant” as the term is defined in Section
3.165
ofthe Act.
28.
Section 218.204(j)(4) of the Board Air Pollution Regulations,
35
Ill.
Adm. Code
218.204(j)(4), provides, in pertinent part, as follows:
Except as otherwise provided in Sections 218.205, 218.207, 218.208,
8
218.212,218.215, and
218.216 ofthisSubpart, no owner or operator
ofacoating line shall apply at
any
timeanycoating
in which the VOM
content exceeds the following emission limitations for the specified
coating.
...
The emission limitations are as follows:
•
*
*
*
(j)
Miscellaneous Metal Parts and Products Coating
*
*
*
(4)
All other coatings
kg/i
lb/gal
(A) Air Dried
0.40
(3.3)
(B) Baked
0.34
(2.8)
29.
Section
218.208(a)
of the
Board Air Pollution
Regulations,
35
Ill.
Adm.
Code
2 18.208(a),
provides,
in pertinentpart, as follows:
(a)
...
Once a category ofcoating lines at a source is subject to the
limitations
in Section
2 18.204 of this Subpart the coating lines are
always subject to the limitations in Section
2 18.204 ofthis Subpart.
30.
From at least 2002, or on a date or dates better known to
the Respondent and
continuing until May 2005, Precisionhas operated
rust inhibitor coating lines at its facility.
These
operations apply air-dried coatings containing VOM in excess of 3.3 lb/gal.
31.
From
at least 2002,
or on
a
date
or
dates better known
to
the
Respondent and
continuing untilMay2005,Precision utilized non-compliantcoatings, in violationoftheregulations
and standards adopted by the Board.
Therefore, Precisionhas violated Section 9(a) ofthe Act, 415
ILCS
5/9(a),
and Sections 2l8.204(j)(4) ofthe Board AirPollution Regulations, 35 Ill. Adm. Code
21 8.204(j)(4).
WHEREFORE,
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
respectfully
requests that the Board enter an Order against the Respondent, Precision Twist Drill Co.,
on this
Count II:
9
A.
Authorizing a hearing in this matter at which time the Respondentwill be required
to answer the allegations herein;
B.
Finding that theRespondent violatedSection 9(a) oftheAct, 415 ILCS
5/9(a)
(2002),
and Section 218 .204(j)(4) ofthe Board AirPollution Regulations, 35 Ill. Adm. Code 218 .204(j)(4);
C.
Ordering Respondent to cease and desist from further violations ofSection 9(a) of
the Act, 415 ILCS
5/9(á)
(2002), and Section 21 8.204(j)(4) ofthe Board Air Pollution Regulations,
35 Ill. Adm. Code 2l8.204(j)(4);
D.
Assessing Respondent a penalty offiftythousand dollars ($50,000.00) for eachand
every violation with
an additional
penalty often thousand
dollars ($10,000.00) per day that the
violation continues;
E.
Taxing againstthe Respondent, all costs in this action, including, but not limited to,
attorney,
expert witness, and consultant fees; and
F.
Granting such other relief as the Board deems appropriate and just.
COUNT III
FAILURE
TO KEEP RECORDS
AND
SUBMIT REPORTS
1-31.
Complainant realleges and incorporates by reference hereinparagraphs
1
through 31
of Count II as paragraphs
1 through 3iofthis Count ifi.
32.
Section
218.211(c) of the
Board
Air Pollution
Regulations,
35
Ill.
Adm.
Code
218.211(c), provides as follows:
c)
Any owner or operator ofa coating line subject to the limitations of
Section 218.204 ofthis
Subpart other than Section 2l8.204(a)(2) or (a)(3)
ofthis Subpart and complying by means ofSection 218.204 ofthis
Subpart shall comply with the following:
10
1)
By
a date consistent with Section 218.106 ofthis Part, or upon
initial start-up ofa new coating line,
orupon changing the method of
compliance from an existing subject coating line from Section 218.205,
Section 218.207,
Section 218.215, or Section 218.216 ofthis Subpart to
Section 218.204 ofthis Subpart; the owner or operator ofa subject coating
line shall certify to the Agency that the coating line will be in compliance
with Section 2 18.204 ofthis Subpart on and after a date consistent with
Section 2 18.106 ofthis Part, or on and after the initial start-up date.
Such
certification shall include:
A)
The name and identification number of each coating as
applied on each coating line;’
B)
The weight of VOM per volume of each coating (minus
water and any compounds which are specifically exempted from
•
the definition ofVOM) as applied each day on each coating line;
and
*
*
*
2)
On and after a date consistent with Section 2 18.106 ofthis Part, or
on and after the initial start-up date, the owner or operator of a subject
coating line shall collect and record all ofthe following information each
day for each coating line and maintain the information at the source for a
period of three years:
A)
The name and identification number of each coating as
applied on each coating line;
B)
The weight ofVOM per volume ofeach coating (minus
water and any compounds which are specifically exempted from
the definition of VOM) as applied each day on each coating line;
*
•
*
*
3)
On and after a date consistent with Section 218.106 ofthis Part, the
owner or operator ofa subject coating line shall notify the Agency in the
following instances:
A)
Anyrecord showing violation ofSection 218.204 ofthis
Subpart shall be reported by sending a copy ofsuch record to the
Agency within 30 days following the occurrence ofthe violation.
*
*
*
11
CERTIFICATE OF SERVICE
I, PAULA BECKER WHEELER, an Assistant Attorney General in this
case,
do certify that
I caused to be served this 7th day of June,
2005,
the foregoing Complaint and Notice of Filing upon the person
listed on said Notice by depositing same in an envelope, by first
class postage and certified mail prepaid, with the United States
Postal Service at 188 West Randolph Street,
Chicago, Illinois,
at or
before the hour of 5:00 p.m.
•
•
~
PAI~LA
BECKER WHEELER
June
7,
2005
