RECEIVED

BEFORE THE

ILLINOIS

POLLUTION

CONTROL

BOARD

CLERK’SOFFICE

•

JUL

1

12005

PEOPLE OF THE STATE OF ILLINOIS,

STATE OF

ILUNOIS

•

Poilution Control Board

Complainant,

VS.

)

PCB 04-16

PACKAGING PERSONIFIED,

INC.,

)

(Enforcement)

an Illinois corporation,

Respondent.

NOTICE OF FILING

PLEASE TAKE NOTICE that we have today, July 11,

2005,

filed

with the Office of the Clerk of the Illinois Pollution Control

Board its Motion to Amend Complaint

instanter,

a copy of which is

attached herewith and served upon you.

PEOPLE

OF THE STATE OF ILLINOIS

By LISA

MADIGAN

Atto1ney GenerajL of the

Stat,~of Illin~is

B~:

_________

~~ISTOPHER

GRANT

A~istant Attorney General

Environmental Bureau

188 W. Randolph St.,

~

Fir.

Chicago,

IL 60601

(312)

814-5388

---

BEFORE THE ILLINOIS POLLUTION CONTROL

BOAI!~ECEIVED

~iERK’SOFFICE

PEOPLE OF THE STATE OF ILLINOIS,

)

JUL

112005

Comp1ai~nant,

)

.

STATE OF ILLINOIS

Pollution Control Board

vs.

)

PCB 04-16

PACKAGING PERSONIFIED,

INC.,

)

(Enforcement)

an Illinois corporation,

Respondent.

MOTION FOR LEAVE TO FILE AMENDED COMPLAINT

NOW COMES Complainant,

PEOPLE

OF

THE. STATE OF ILLINOIS, by

LISA MADIGAN, Attorney General of the State

of Illinois,

and

moves the Board for leave to file its First Amended Complaint.

In support thereof,

Complainant states as

follows:

1.

On August

5,

2003,

Complainant filed an eight-count

complaint against the Respondent,

alleging violations of Illinois

Environmental Protection Act

(“Act”), 415 ILCS 5/1 et seq.

(2002),

and the Board’s Air Pollution regulations.

On January

16,

2004,

the Respondent filed its answer.

2.

Since the filing of the complaint,

Illinois EPA has

discovered additional alleged violations of the Act and Board Air

pollution regulations at Respondent’s

facility.

The newly

alleged violations relate to Respondent’s failure to comply with

the conditions of its Construction Permit,

issued by Illinois EPA

on August 13,

2003.

3.

On

July

7,

2004,

Illinois

is~ued

a

violation

notice

to

1

---

Respondent, covering the newly discovered apparent violations

On August

20, 2004,

the Respondent submitted a proposed

Compliance Commitment Agreement

(CCA)to Illinois EPA

Respondent’s

CCA was revised on August

30,

2004 and October 15,

2004.

On September. 2,

2004 a telephone meeting was held to

discuss the Violation Notice, pursuant to 415 ILCS 5/31

(2002)

4.

On October 19,

2004,

Illinbis EPA rejected Respondents

CCA,

as amended.

On October 26,2004,

Illinois EPA sent the

Respondent its Notice of Intent to Pursue Legal Action

(NIPLA)

Respondent did not request a meeting to discuss the NIPLA.

5.

Because discovery remains open on the original

complaint,

and because the additional violations

involve related

operations at the same

Site,

Complainant •does not believe that

amending the Complaint will delay resolution

of Counts

I through

VIII of the original complaint.

Rather,

Complainant believes

that incorporating the newly alleged violations into the instant

case will be in the best interests of the parties, and will save

time and Board resources.

6.

Attached to this Motion

is a proposed First Amended

Complaint.

Complainant has made slight revisions in Counts

I

through VIII,

and has alleged the newly discovered violations in

Counts IX thrdugh XII.

Complainant requests leave to file the

Amended Complaint

instanter.

WHEREFORE,

Complainant respectfully requests that the Board

2

---

grant it leave to file its First Amended Complaint

instanter.

RESPE TFULLY SUBM TTED,

By:

A

Ch~istopherGrant

As&istant Attorney General

Environmental Bureau

188 W. Randolph St.,

~

Flr.

Chicago,

Illinois

60601

(312)

814-5388

3

---

BEFORE THE ILLINOIS POLLUTION CONTROL

BOARD

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

vs.

)

PCB 04-16

PACKAGING PERSONIFIED,

INC.,

)

(Enforcement)

an Illinois corporation,

Respondent.

FIRST AMENDED COMPLAINT

Complainant,

PEOPLE OF THE STATE OF ILLINOIS,

by LISA

MADIGAN,

Attorney General

of the State of Illinois,

complains of

Respondent,

PACKAGING PERSONIFIED,

INC.,

as follows:

COUNT

CONSTRUCTION OF EMISSION SOURCES WITHOUT A PERMIT

1.

This Amended Complaint

is brought on behalf of

T~IE

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”)

pursuant to the terms and provisions of Section 31

of the

Illinois Environmental Protection Act

(“Act”), 415 ILCS 5/31

(2002)

2.

Illinois EPA is an administrative agency of the State

of Illinois,

established by Section 4 of the Act,

415 ILCS 5/4

(2002), and is charged,

inter alia,

with the duty of enforcing

the Act,

and regulations promulgated by the Illinois Pollution

Control Board

(“Board”)

3.

At all times relevant to this Amended Complaint,

•

1

---

Respondent PACKAGING PERSONIFIED,

INC.,

was,

and is, an Illinois

corporation, duly authorized to transact business in the State of

Illinois.

4.

The Respondent owns and operates a polyethylene and

polypropylene film processing and printing facility located at

246 Kehoe Boulevard,

Carol

Stream,

flu Page County,

Illinois

(“Facility” or “Site”)

.

At the time of the alleged violations,

flu Page County was classified pursuant to the federal Clean Air

Act,

42 U.S.C.

7401

et seq.,

as a

‘severe ozone nonattainment

area’.

5.

As a regular part of its operations,

the Respondent

extrudes and prints plastic bags.

The extrusion process is

operated seven days per week,

24 hours per day.

The printing

process is operated 5 days per week,

16 hours per day.

Since at

least

1992,

the extruders,

flexographic printing presses, curing

ovens,

solvent cleaning processes,

and other equipment at the

Site

(collectively “emission sources”) have had the capacity to

emit in excess of 25 tons of volatile organic material

(“VOM”)

per year.

The Respondent’s actual 2002 VOM emissions were more

than 44

tons.

6.

The Respondent began installation of emissions sources

at the Site on a date better known to Respondent, but prior to

1989.

During the years 1992,

and 1995, the Respondent installed,

and began operation of,

four flexographic printing presses and a

curing oven.

During the years 1992 and 1995,

the Respondent

installed,

and began operation of, four extruders.

The

Respondent did not apply for or obtain Illinois EPA construction

2

---

permits for the presses, oven or extruders prior to

construction/installation.

The Respondent did not apply for or

obtain operating permits for the presses, oven or extruders until

July 2,

2002.

7.

On July

2,

2002,

the Respondent applied for a Clean Air

Act Permit Program Permit

(“CAAPP

Permit”)

for its emission

sources at the Site.

On August

31,

2004,

the Respondent applied

to Illinois EPA for a Federally Enforceable State Operating

Permit

(“FESOP”)

for its operations

at the Site.

8.

Section

9 of the Act,

415

ILCS 5/9

(2002),

provides,

in

pertinent part,

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.

Section 3.315 of the Act,

415 ILCS 5/3.315

(2002),

provides,

as follows:

“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.

10.

The Respondent,

an Illinois corporation,

is a “person”

as that term is defined in Section 3.315 of the Act,

415 ILCS

3

---

5/3.315

(2002)

.

11.

Section 201.142 of the Board regulations,

35

Ill. Adm.

Code 201.142, provides,

as follows:

No person shall cause or allow the construction of any

new emission source or any new air pollution control

• equipment,

without first obtaining a construction

permit from the Agency,

except as provided in Section

201.146.

12.

Section 201.102 of the Board regulations,

35

Ill. Adm.

Code 201.102, provides,

in pertinent part,

as follows:

“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.

13.

Respondent’s extruders,

flexographic printing presses,

and ovens are “emission sources”

and “new emission source Es”

as those terms are defined in 35111.

Adm.

Code 201.102.

14.

Section 3.115 of the Act,

415 ILCS 5/3.115

(2002),

contains the following definition:

“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.

15.

Section 3.165 of the Act, 415 ILCS 5/3.165

(2002),

provides,

as follows:

“CONTAMINANT”

is

any

solid,

liquid,

gaseous matter,

any odor,

or any form of

energy,

from whatever source.

4

---

16.

VOM emitted from emissions sources at the Site is a

“contaminant”

as that term is defined in Section 3.165 of the

Act,

415 ILCS 5/3.165

(2002)

17.

Respondent’s emissions sources emit VOM,

a contaminant

injurious to human health,

to the atmosphere, and therefore are

capable of causing or contributing to air pollution.

18.

On various dates from 1989 to the present, the

Respondent commenced construction’ of the emissions sources

at the

Site without first having applied for or obtained construction

permits from Illinois EPA.

The Respondent thereby violated

Section 9(b)

of the Act,

415 ILCS 5/9(b)

(2002), and 35 Ill. Adm.

Code 201.142.

Respondent’s violations were willful, knowing,

and

repeated.

WHEREFORE,

Complainant,

PEOPLE OF THE STATE OF ILLINOIS,

respectfully requests that the Board enter an order in favor of

Complainant and against the Respondent,

PACKAGING PERSONIFIED,

INC.,

on 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)

of the Act,

and 35

Ill. Adm.

Code 201.142;

3.

Ordering the Respondent to cease and desist from any

further violation of Section 9(b)

of the Act and pertinent

regulations;

4.

Assessing against the Respondent a civil penalty of

Fifty Thousand Dollars

($50,000.00)

for each violation

of the Act

and pertinent regulations, and an additional

civil penalty of Ten

5

---

Thousand Dollars

($10,000.00)

for each day of violation;

5.

Ordering the Respondent to pay all costs, including

attorney,

expert witness and consultant fees,

expended by the

State

in

its pursuit

of this action; and

6.

Granting such other relief as the Board deems

appropriate and just.

COUNT II

OPERATION OF

EMISSION SOURCES WITHOUT A PERMIT

1-16.

Complainant realleges and incorporates by reference

herein paragraphs

1 through

10, and paragraphs

12 through

17,

of

Count

I

as paragraphs

1 through 16 of this Count

II.

17.

•

Section 201.143

of the Board regulations,

35

Ill. Adm.

Code 201.143, provides,

as follows:

No person shall cause or allow the operation of any new

emission source or any 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.

.

.

as shall be specified in the, construction

permit.

18.

From 1989 until July

2,

2002,

the Respondent operated

one or more emission sources at the Site without having first

applied for and obtained operating permits from Illinois EPA.

The Respondent has thereby violated Section 9(b)

of the Act,

415

ILCS 5/9(b)

(2002),

and 35

Ill. Adm. Code 201.143.

Respondent’s

violations were willful, knowing and repeated.

WHEREFORE’, Complainant,

PEOPLE OF THE STATE OF

ILLINOIS,

respectfully requests that the Board enter an order in

6

---

favor of Complainant and against the Respondent,

PACKAGING

PERSONIFIED,

INC.,

on Count II:

1.

Authorizing a hearing in this matter,

at which time the

Respondent will be required to answer the allegations herein;

2.

Finding that the Respondent has violated Section 9(b)

of the Act, and 35 Ill. Adm. Code 201.143;

3.

Ordering the Respondent to cease and desist from any

further violation of Section 9(b)

of the Act and pertinent

regulations;

4.

Assessing against the Respondent a civil penalty of

Fifty Thousand Dollars

($50,000.00)

for each violation of the Act

and pertinent regulations, and an additional civil penalty of Ten

Thousand Dollars

($10,000.00)

for each day of violation;’

5.

Ordering the Respondent to pay all costs, including

attorney,

expert witness and consultant

fees,

expended by the

State

in its pursuit of this action; and

6.

Granting such other relief as the Board deems

appropriate and just.

‘

COUNT III

FAILURE TO SUBMIT TIMELY ANNUAL EMISSIONS

REPORTS

1-11.

Complainant realleges and incorporates by reference

herein paragraphs

1 through

6,

paragraphs

9 and 10, and

paragraphs

15 through

17 of Count

I

as paragraphs

1 through 11 of

this Count

III.

12.

The Respondent did not submit Annual Emission Reports

to Illinois EPA for the years

1992,

1993,

1994,

1995,

1996,

1997,

1998,

1999,

2000 and 2001, until August

8,

2002.

7

---

13.

Section 9(a)

of the Act, 415 ILCS 5/9(a)

(2002),

provides,

in pertinent part, 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;

14.

Section 201.302(a)

of the Board regulations,

35

Ill.

Adm. Code 201.302(a), provides,

as follows:

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

purpose of the Act and this Chapter.

15.

Section 211.l950.of the Board regulations,

35

Ill. Adm.

Code 211.1950, provides,

as follows:

“Emission

unit”

means

any

part

or

activity

at

a

stationary

source

that

emits or has

the potential

to

emit any

air pollutant.

16.

Section, 211.6370 of the Board regulations provides,

as

follows:

“Stationary Source” means any building, structure,

facility, or installation that emits or may emit any

air pollutant.

17.

Respondent’s facility is

a

“stationary source”

as that

term is defined in 35

Ill. Adm. Code 211.6370.

18.

The emission sources at the Site are

“emission

8

---

unit s”

as that term is defined in 35

Ill. Adm. Code 211.1950.

19.

Section 254.137 of the Board regulations,

35

Ill. Adm.

Code 254.137, provides,

in pertinent part,

as follows:

a)

All Annual Emission Reports are due

by May

1 of the year following the

calendar year in which the emissions

took place.

*

*

*

20.

The Respondent

is the owner and/or operator of the VOM

emission sources,

and therefore was required to submit Annual

Emission Reports, according to the schedule contained in 35

Ill.

Adm. Code 254.137,

for each calendar year from 1992 until the

present.

21.

By failing to submit Annual Emission Reports for the

years

1992 through 2001 until August

8,

2002,

the Respondent

violated Sections 201.302(a)

and 254.137 of the Board.

regulations,

35

11.1.

Adm. Code Sections 201.302(a)

and 254.137,

and thereby also violated Section 9(a)

of the Act, 415 ILCS

5/9(a)

(2002)

.

Respondent’s violations were willful, knowing,

and repeated.

WHEREFORE,

Complainant, PEOPLE OF THE STATE OF ILLINOIS,

respectfully requests that the Board enter an order in favor of

Complainant and against the Respondent, PACKAGING PERSONIFIED,

INC.,

on Count

III:

1.

Authorizing a hearing in this matter,

at which time the

Respondent will be required to answer the allegations herein;

2.

Finding that

the Respondent has violated Section 9(a)

of the Act, and 35

Ill. Adm.

Code Sections 201.302(a)

and

9

---

254.137;

3.

Ordering the Respondent tb cease and desist from any

further violation of Section 9(a)

of the Act and pertinent

regulations;

,

4.

Assessing against the Respondent a civil penalty of

Fifty Thousand Dollars

($50,000.00)

for each violation of the Act

and pertinent regulations, and an additional

civil penalty of Ten

Thousand Dollars

($10,000.00)

for each day of violation;

5.

Ordering the Respondent to pay all costs,

including

attorney, expert witness and consultant

fees expended by the

State in its pursuit of this action; and

6.

Granting such other relief as the Board deems

appropriate and just.

COUNT IV

OPERATING A MA.JOR STATIONARY SOURCE WITHOUT A CAAPP PERMIT

1-15.

Complainant realleges and incorporates by reference

herein paragraphs

1 through 11, paragraph 13, and paragraphs 15

through 17 of Count III,

as paragraphs

1 through 15 of this Count

IV.

16.

Section 39.5 of the Act, 415 ILCS 5/39.5

(2002),

provides,

in pertinent part,

as follows:

5.

Applications and Completeness

a.

An owner or operator of a CAAPP

source

shall submit

its complete

CAAPP application consistent

with

the Act and applicable regulations.

*

*

*

6.

Prohibition

10

---

*

*

*

b.

After

the

applicable

CAAPP

permit

or

renewal

application

submittal date, as specified in

subsection

5

of

this

Section,

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.

17,.

Section 39.5(1)

of the Act, 415 ILCS 5/39.5(1)

(2002),

provides, in pertir~entpart,

as follows:

“CAAPP”

means

the

Clean Air Act

Permit

Program, developed pursuant.to Title V of

the Clean Air Act.

“CAAPP

Permit”.

.

.

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.

“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

of

the

same person

(or persons

under common control) and that belongs to

a

single major

industrial

grouping.

“Stationary source”

means

any building,

structure, facility, or installation that

emits

or

may

emit

any

regulated

air

pollutant

.

.

.

“Regulated

air

pollutant”

means

the

following:

1.

Nitrogen

oxides

(NOx)

or

any

volatile organic compound.

11

---

18.

Section 39.5(2)

of the Act,

415 ILCS 5/39.5(2) (2002),

provides in pertinent part,

as follows:

a.

Sources

subject

to

this

Section

‘shall include:

1.

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

.

.

.

to emit

25 tons

or more per year in areas

classified as severe.

19.

Since at least

1992, Respondent’s facility,

located in

what was a severe ozone nonattainment area throughout the

relevant period,

has had the potential to emit over 25 tons per

year of VOM

,

and is’ a “major stationary source” as that term is

defined in Section 39.5(2)

of the Act, 415 ILCS 5/39.5(2)

(2002),

and therefore, also a “CAAPP source”

as defined in Section 39.5(1)

of the Act, 415 ILCS 5/39.5(1)

(2002).

20.

Respondent owns and operates the emission sources at

the Site,

and therefore is the “owner and operator” of a

12

---

“CAAPP

source”’as those terms are defined in Section 39.5(1)

of

the Act, 415 ILCS 5/39.5(1)

(2002).

21.

Section 39.5(5)

of the Act,

415 ILCS 39.5(5)

(2002),

provides,

in pertinent part,

as follows:

a.

An owner or operator of a CAAPP source shall

submit its complete CAAPP application consistent

with the Act and all applicable regulations.

*

*

*

22. Section 270.201(b)

of the Board regulations,

35

Ill.

Adm. Code 270.201(b)

provides,

in pertinent part,

as follows:

b)

an owner or operator of a

CAA.PP source with the

following SIC codes

shall submit

its initial

complete

CAAPP

applicatidn not later than

6 months

after the effective date of the CAAPP:

26

(paper

and allied products);

27

(printing and

publishing)

23.

The Respondent,

as owner and operator of a CAAPP

source, was required to submit

its CAAPP application by March

1,

1996.

However,

the Respondent did not submit

a CAAPP application

to Illinois EPA until July

2,

2002.

24.

On August

31,

2004,

prior to the issuance of its CAAPP

Permit,

the Respondent applied to Illinois EPA for a Federally

Enforceable State Operating Permit

(“FESOP”)

for its operations

at the Site.

Respondent’s FESOP incorporated the use of

a newly

purchased thermal oxidizer,

intended to reduce VOM emissions

below

‘major source’

levels.

25.

By failing to submit

its application for a CAAPP permit

by March

1,

1996,

the Respondent violated Sections 39.5(5)

and

39.5(6) (b)

of the Act, 415 ILCS 5/39.5(5) and 5/39.5(6) (b)

(2002), and 35

Ill. Adm. Code 270.201(b).

By violating 35

Ill.

13

---

Adm. Code 270.201(b),

the Respondent thereby also violated

Section 9(a)

of the Act,

415 ILCS 5/9(a)

(2002).

Respondent’s

violations were willful, knowing,

and repeated.

WHEREFORE,

Complainant,

PEOPLE OF THE STATE OF ILLINOIS,

respectfully requests that the Board enter an order in favor of

Complainant and against the Respondent,

PACKAGING PERSONIFIED,

INC.,

on 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 Sections 9(a),

39.5(5), and 39.5(6) (b)

of the Act,

and 35

Ill. Adm. Code

270.201(b);

3.

Ordering the Respondent to cease and desist from any

further violation of Sections

9(a),

39.5(5), and 39.5(6) (b)

of

the Act, and pertinent regulations;

4.

Assessing against the Respondent

a civil penalty of

Fifty Thousand Dollars

($50,000.00)

for each violation of Section

9(a)

of the

Act, and pertinent regulations, and an additional

civil penalty of Ten Thousand Dollars

($10,000.00)

for each day

of violation;

5.

Assessing against the Respondent a civil penalty’ of Ten

Thousand Dollars

($10,000.00)

for each day of violation of

Section 39.5 of the Act;

6.

Ordering the Respondent to pay all costs,

including

attorney,

expert witness and consultant fees,

expended by the

State

in its pursuit of this action; and

7.

Granting such other relief as the Board deems

14

---

appropriate and just.

COUNT V

VIOLATION. OF NEW SOURCE REVIEW

1-18.

Complainant realleges and incorporates by

reference herein paragraphs

1 through 15,

and paragraphs

17 through 19 of Count IV as paragraphs

1 through 18 of this

Count V.

19.

In 1992,

the Respondent installed and began operations

of flexographic printing

“Press No.

4’

at the Site.

Beginning in

1992,

Press No.

4 had the potential to emit approximately 52 tons

per year of VOM.

In 1995,

the Respondent installed and began

operations of flexographic printing ‘Press No.

5’

at the Site.

Beginning in

1995,

Press No.

5 had the potential to emit

approximately 120 tons per year of VOM uncontrolled, and

approximately 39 tons per year of VON when controlled.

In

addition, between 1992 and 1995,

the Respondent constructed and

operated other VOM emission sources consisting of two additional

flexographic printing presses,

one curing oven,

and four

extruders.

20.

From at least

1992 until

at least 2002,

the Respondent

failed to evaluate the emission sources to determine whether

process measures and control equipment at the Site produced the

lowest achievable emission rate

(LAER), and failed to demonstrate

to Illinois EPA that its process produced LAER.

21.

Pursuant to authority granted under the Act,

the

Board has promulgated standards applicable to the construction

and modification of major stationary sources of regulated air

15

---

pollutants,

at

35

Ill. Adm.

Code,

Part 203

(“Major Stationary

Source regulations”)

22.

Section 203.201 of the Major Stationary Source

regulations,

35

Ill. Adm. Code 203.201, provides,

in pertinent

part,

as follows:

In any nonattainment area,

no person shall cause of

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.

In areas designated nonattainment. for

ozone,

this prohibition shall apply to new major

stationary sources or major modifications of sources

that emit volatile organic materials or Nitrogen

Oxides....

23.

Sec’tion 203.206 of the Major Stationary Source

regulations,

35

Ill. Adm.

Code 203.206 provides,

in pertinent

part,

as follows:

a)

For purposes of this Part,

the term “major

stationary source”

shall exclusively mean

“building,

structure and facility,”

as those terms

are defined in Section 203.113 of this Part.

b)

The following constitute a major stationary

source:

1)

For an area designated as nonattainment for

ozone,

a major stationary source is a

stationary source which emits or has the

pot~ntialto emit volatile organic material

in an amount equal to or greater than the

following:

*

*

*

C)

25 tons per year in an area classified

as severe nonattainment for ozone;

*

*

*

24.

Section 203.207 of the Major Stationary Source

16

---

regulations,

35

Ill.

Adm’.

Code 203.203 provides,

in pertinent

part,

as follows:

Major Modification of a

Source

a)

Except as provided in subsection

(c),

(d),

(e)

or

(f)

below,

a physical change, or change in the

method of operation of a major stationary source

that would result in a significant net emissions

increase of any pollutant

,f

or which the area is

designated a nonattainment area,

shall constitute

a major modification of

a source

25.

Section 203.208 of the Major Stationary Source

regulations,

35

Ill. Adm. Code 203.208 provides,

in pertinent

part,

as follows:.

Net Emission Determination

A

net emissions increase is the amount by which the sum

of any increase in actual emissions from a particular

physical change or change in method of operation at a

source,

and any other increases and decreases in actual

emissions at the source that are contemporaneous with

the particular ‘change and are otherwise creditable,

exceeds zero.... The following steps determine whether

the increase or decrease in emissions

is available.

*

*

*

26.

Section 203.209 of the Major Stationary Source

regulations,

35 Ill. Adm. Code 203.209, provides,

in pertinent

part,

as follows:

Significant Emissions Determination

*

*

.

*

b)

For areas classified as serious or severe

nonattainment for ozone,

an increase in emissions

of volatile organic material or nitrogen ‘oxides

shall be considered significant

if the net

emissions increase of such air pollutant from a

stationary source located within such area exceeds

25 tons when aggregated with all other net

increases in emissions from the source over any

period of

5 ‘consecutive calendar years which

includes the calendar year in which such increase

17

---

occurred.

This provision shall become effective

beginning November 15,

1992,

or such later date

that an are’a is classified as a serious or severe

nonattainment area for ozone.

27.

Between 1992 and 1995,

the Respondent installed

emission sources consisting of flexographic printing presses,

one

curing oven,

and four extruders,

which collectively had the

potential to emit, and actually emitted, more than 25 tons per

year ‘of VOM,

a

‘significant net emissions increase’

Respondent’s installation and operation of these emission sources

constituted a ‘major modification of a source’ as those terms are

defined and used in the Major Stationary Source regulations.

28.

Section 203.203 of the Major Stationary Source

RegulatiOnS

35

Ill. Adm. Code 203.203, provides,

in pertinent

part,

as follows:

a)

A construction permit

is required prior to

actual construction of a major new source or

major modification.

*

*

*

29.

Section 203.601 of the Major Stationary Source

regulations,

35

Ill. Adm. Code 203.601 provides,

as follows:

Lowest Achievable Emission Rate Compliance Requirement

No person shall cause or allow the operation of a new

major stationary source or major modification subject

to the requirements of Subpart

C,

except

as in

compliance with applicable LAER provisions established

pursuant to Section 203.301 for such source or

modification.

30.

Section 203.301 of the Major Stationary Source

regulations,

35

Ill. Adm. Code 203.301, provides, inpertinent

part,

as

follows:.

Section 203.301 Lowest Achievable Emission Rates:

18

---

a)

For any source,

lowest achievable emission rate

(LAER)

will be the more stringent rate of

emissions based on the following...

*

*

*

c)

Except as provided in subsection

(e)

or

(f) below,

the owner or

operator

of a major modification

shall demonstrate that ‘the control equipment and

process measures applied to the major modification

will produce LAER.

This requirement applies to

each emissions unit

at which a net increase in

emissions of the pollutant has occurred’ or would

occur as a result of a physical change or change

in the method of operation.

d)

The owner or operator shall provide a detailed

showing that the proposed emission limitation

constitutes LAER

31.

Between 1992 and 1998,

The Respondent installed and,

operated flexographic printing presses,

one curing oven, and four

extruders, which therefore constituted

a

‘major modification of a

source’, without first applying for and obtaining from the

Illinois EPA a permit setting forth the LAER emissions.

The

Respondent thereby violated Sections 203.203 and 203.201 of the

Major Stationary Source regulations,

35 Ill. Adm.

Code Sections

203.203 and 203.201,

and thereby also violated Section 9(a)

of

the Act, 415 ILCS 5/9(a)

(2002)

.

Respondent’s violations were

wilful, knowing and repeated.

32.

Beginning in 1992 through at least

1995,

on a date or

dates better known to Respondent,

the Respondent caused or

allowed a major modification of,a VON source, through

construction and operation of flexographic printing presses, one

curing oven,

and four extruders, without conducting a review of

control equipment and process measures applied to the

19

---

modification,

or otherwise’ determining whether the processes

constituted LAER.

The Respondent thereby violated Sections

203.201,

203.601, and 203.391 of the Major Stationary Source

regulations,

35

Ill. Adm. Code Sections 203.201,

203.601, and

203.301, and thereby also violated Section 9(a)

of the Act,

415

ILCS 5/9(a)

(2002)

.

Respondent’s violations were wilful,

knowing and repeated.

WHEREFORE,

Complainant,

PEOPLE OF THE STATE OF ILLINOIS,

respectfiilly requests that the Board enter an order in favor of

Complainant and against the Respondent,

PACKAGING PERSONIFIED,

INC.,

on 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

t.he Respondent ‘has violated Section 9(a)

of the Act, and 35

Ill. Adm. Code Sections 203.201,

203.203,

203.

301, and203.601;

3.

Ordering the Respondent to cease and desist from any

further violation of Section 9(a)

of the Act and pertinent

regulations;

4.

Assessing against the Respondent a civil penalty of

Fifty Thousand Dollars

($50,000.00)

for each violation of the Act

and pertinent.regulations, and an additional civil penalty of Ten

Thousand Dollars

($10,000.00)

for each day of violation;

5.

Ordering the Respondent to pay all costs,

including

attorney,

expert witness and consultant fees, expended by the

State in its pursuit of this action;

and

6.

Granting such other relief as the Board deems

20

---

appropriate and just

EMISSIONS REDUCTION MARKET SYSTEM VIOLATIONS

1-12.

Complainant realleges and incorporates by reference

herein, paragraphs

1 through 11 and Count 13 of Count

III

as

paragraphs

1 through 12 of this Count VI.

13.

During the five month period, May

1 until September 30,

of each year from at least 1999 until the date of filing this

Amended Complaint,

Respondent’s facility emitted more’ than 10

tons of VON.

14.

Respondent did not submit the ‘seasonal emissions

component of annual emissions reports for the years 2000,

2001,

and 2002, until May 16,

2003.

15.

Pursuant to the requirements of Section 9.8 of the Act,

415 ILCS 5/9.8

(2002),

the Board has established regulations

creating and regulating alternative air pollution controls,

including the Emission Reduction Market System

(“ERMS”).

Regulations requiring participation and managing ERMS credits are

found at

35

Ill. Adm.

Code,

Part 205

(“ERMS regulations”).

16.

Section 205.130 of the ERMS regulations,

35

Ill. Adm

Code 205.130 provides,

in pertinent part,

as follows:

“Annual Emissions Report” means the report submitted to

the Agency annually pursuant to 35

Ill.

Adm’.

Code 25.4.

“Baseline emissions” means a participating source’s VOM

emissions for the seasonal allotment period based on

historical operations as determined under Subpart C of

this Part.

Baseline emissions shall be the basis of

the allotment for each participating source.

“CAAPP” means the Clean Air Act Permit Program,

21

---

pursuant to Section 39.5 of the Act

415

ILCS 5/39.5

“Chicago ozone nonattainment area” means the area

composed of Cook,

DuPage,

Kane,

Lake,

McHenry,

and Will

Counties and Aux Sable Township and Goose Lake Township

in Grundy County and Oswego Township in Kendall County.

“New participating source” means a source not operating

prior to May 1,

1999,

located in the Chicago ozone

nonattainment area,

that

is required to obtain a CAAPP

permit and has or will have seasonal emissions

of at

least

10 tons of VON.

“Participating source” means a source operating prior

to May

1,

1999,

located in the Chicago ozone

nonattainment area, that is required to obtain a CAAPP

permit and has baseline emissions of at least 10 tons,

as specified in Section 205.320(a)

of this Part,

or

seasonal emissions of at least

10 tons

in. any seasonal

allotment period beginning in 1999.

“Seasonal allotment period” means the period from Nay

1

through September 30 of each year.

“Seasonal emissions” means actual VON emissions at

a

source that occur during a seasonal allotment period.

17.

From at least 1999 until the present, Respondent’s

facility had seasonal emissions

of at least 10 tons of VOM,

and

was a “participating source”

as that term is defined in 35 Ill.

Adm. Code 205.130.

The Respondent is owner and operator of

a

“participating source”.

18.

Section 205.310 of the ERMS regulations,

35

Ill. Adm.

Code 205.310, provides,

in pertinent part,

as follows:

a)

The owner or operator of each participating source

or new participating source shall submit to the

Agency an ERMS application in accordance with the

following schedule:

1)

For a participating source with baseline

emissions of at least

10 tons of VOM,

as

determined in accordance with Section

205.320(a)

of this Subpart, by March

1,

1998;

*

*

*

22

---

19.

Section 205.300 of the ERMS regulations,

35

Ill. Adm.

Code 205.300 provides,

in pertinent part,

as follows:

Section 205.300

Annual Emissions Report

a)

For each year in which the source is operational,

the owner or operator of each participating source

and new participating source shall submit,

as a

component of its Annual Emissions Report,

seasonal

emissions information to the Agency for each

seasonal allotment period after the effective date

of this Part in accordance with the following

schedule:

1)

For each participating source or new

participating source that generates VOM

emissions from less’than 10 emission

units,

by October 31 of each year;

*

*

*

20.

Section 254.501 of the Board regulations,

35, Ill. Adm.

Code 254.501, provides,

in pertinent part,

as follows:

Section 254.501

Contents of a Seasonal Emissions

Report

a)

The owner or operator of a ,source subject

to the

seasonal emissions reporting requirements for ERMS

required by

35

Ill. Adm.

Code 205.300

must provide

the following information:

1)

Source identification information:

A)

Source name,

physical location and

mailing address;

B)

Name of Responsible Official; and

C)

Source contact telephone number.

*

*

*

b)

The owner or operator of a participating source or

new participating source under 35

Ill. Adm. Code

2

05 must provide total seasonal actual emissions of

hazardous air pollutants

(HAPs)

that are also VOM

for the following

HAPs:

*

*

*

23

---

c)

The owner or operator of each participating source

or new participating source under 35

Ill. Adm.

Code 205 must provide responses to the following

questions regarding VON HAPs for the seasonal

allotment period addressed in the Seasonal

Emissions Report:

1)

To your knowledge,

did emissions of any

HAP

increase at your source due to receipt or

expected receipt of additional Allotment

Trading Units

(ATU5)?

*

*

*

21.

Respondent

was required submit its ERMS baseline

application to Illinois EPA by March

1,

1998.

By failing to

submit its ERMS baseline,

the Respondent violated Section 205.310

of the ERMS regulations, and thereby also violated Section 9(a)of

the Act, 415 ILCS 5/9(a)

(2002).

Respondent’s violations were

willful, knowing and repeated.

22.

Respondent’s facility contains less than 10 emissions

sources.

Respondent was therefore required to submit seasonal

emission information for the years 2000,

2001,

and 2002,

conforming with

35

Ill. Adm. Code Sections 205.300 and 254.501,

by October 31st of each respective year.

23.

By failing to submit seasonal emission information for

any year until May 16,

2003,

the Respondent violated 35

Ill. Adm.

Code Sections 205.300 and 254.501, and thereby also violated

Section 9(a)

of the Act,

415 ILCS 5/9(a) (2002)

.

Respondent’s

violations were willful, knowing, and repeated.

WHEREFORE,

Complainant,

PEOPLE OF THE STATE OF ILLINOIS,

respectfully requests that the Board enter an order in favor of

Complainant and against the Respondent,

PACKAGING PERSONIFIED,

INC.,

on Count VI:

24

---

1.

Authorizing a hearing in this matter,

at which time the

Respondent

will’ be required to answer the allegations herein;

2.

Finding that th~Respondent has violated Section 9(a)

of the Act,

and 35

Ill. Adm. Code Sections 205.310,

205.300, and

254.501;

3.

Ordering the Respondent to cease and desist from any

further violation of Section 9(a)

of the Act and pertinent

regulations;

4.

Assessing against the Respondent a civil penalty of

Fifty Thousand Dollars

($50,000.00)

for each violation of the Act

and pertinent regulations, and an additional civil penalty of Ten

Thousand Dollars

($10,000.00)

for each day ‘of violation;

5.

Ordering the Respondent to pay all costs,

including

attorney,

expert witness and consultant fees,

expended by the

State in its pursuit of this action;

and

6.

Granting such other relief

as the Board deems

appropriate and just.

COUNT VII

VIOLATION OF FLEXOGRAPHIC PRINTING RULES:

1-12.

herein, paragraphs

1 through 11, and paragraph 13,

as paragraphs

13.

From at least April,

1992 until the present,

Respondent has applied flexographic printing inks at the its

facility having an as-applied VOC content,

as listed below:

25

---

FLEXOGRAPHIC PRINTING

INK

*

VOC CONTENT

(

by volume)**

Suntex H/R Silver

.

67.5

Sunsheen 021 Orange

.

57.69

•Sunsheen Madr’as Orange

Methyl Violet Base

62.97

Sunsheen Pant Purple

71.3

N/C Carbozole Purple

86.62

*

Trade names of Sun Chemical Company

**

VOC content does not include water or other excluded

substances

14.

On October 5,

2001 and April

22,

2004,

Illinois EPA

inspectors visited the Site and determined tha,t the Respondent

had failed to perform testing to demonstrate compliance with the

VOC limitation applying to flexographic printing operations.,

failed to test its inks for VOM content, failed to collect and

record ink usage and VOM content,

and failed to record the daily

weighted average of VOM content of flexographic inks used at the

Site.

On information and belief the Respondent has failed to

properly perform the above-listed testing, analysis and record

keeping from September 17,

1993 until the date of filing of this

Amended Complaint.

15.

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”)

.

16.

Section 218.103 of the O/M Emission regulations,

35

Ill. Adm. Code 218.103, provides,

in pertinent part,

as follows:

26

‘

---

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 Oswego Township in Kendall County.

*

*

*

17.

Section 218.106 of the 0/N emission regulations

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

i’s required by July

1,

1991....

*

*

*

18.

Subpart H of the 0/N emission regulations,

titled

PRINTING

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 Du Page County,

Illinois.

19.

Section 218.402

of the Flexographic Printing rules,

35

Ill. Adm. Code 281.402 provides,

in pertinent, part,

as follows:

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:

*

*

*

2)

The flexographic and. rotogravure printing

lines(s)

.

.

.at the sources have a potential

to emit

25

tons

or more of VOM per year.

20.

Respondent’s four flexographic printing lines have the

potential to emit more than 25 tons of VOM per year,

and are

27

---

“subject sources”

as that term is define’d and used in 35

Ill.

Adm. Code 218.402.

The Respondent is the “owner and operator” of

subject flexographic printing emission sources.

21.

Section 218.401 of the Flexographic Printing Rules,

35

Ill. Adm. Code 218.401

effective

September 27,

1993,

provides,

in pertinent part,

as follows:

a)

No owner or operator of a subject flexographic,

packaging rotogravure or publication rotogravure

printing line shall apply at any time any coating

or ink unless the VON content does not exceed the

limitation specified in either subsection

(a) (1)

or

(a) (2) below.

Compliance with this Section

must be demonstrated through the applicable

coating or Ink analysis test methods and

procedures specified in Section 218.105(a)

of this

part and the record keeping and reporting

requirements specified in 218.404(c)

of this

Part....

1)

Forty percent VON by volume of the coating

and ink

(minus water and any compounds which’

are

specifically exempted from the

definition of VOM),

or

*

*

*

b)

No owner or operator of a subject

flexographic.

.

.printing line shall apply coatings

or inks on the subject printing line unless the

weighted average, by volume, VOM content of all

coatings and inks as applied each day on the

subject printing line does not exceed the

limitations specified in either subsection

(a) (1) as

determined by subsection

(b) (1)

or

subsection

(a) (2)

as

determined by subsect’ion

b(2)1.

Compliance with this subsection must be

demonstrated through the applicable coating or ink

analysis test methods and procedures specified in

Section 218.105(a)

of this Part and the

record keeping and reporting requirements

specified’in Section 218.404(d)

of this Part.

22.

From September 27,

1993 until the date of filing this

Amended Complaint,

the Respondent applied inks with a VON content

in excess of forty percent, without performing any analysis of

28

---

ink usage or otherwise demonstrating compliance with Section

218.401 of the Flexographic Printing Rules.

The Respondent

thereby violated 35

Ill. Adm.

Code

218.401, and thereby also

‘violated Section 9(a)

of the Act,

415 ILCS 5/9(a)

(2002).

‘Respondent’s violations were willful, knowing,

and repeated.

WHEREFORE,

Complainant,

PEOPLE OF THE STATE OF ILLINOIS,

respectfully requests that the Board enter

an’ order in favor of

Complainant and against the Respondent,

PACKAGING PERSONIFIED,

INC.,

on Count VII:

1.

Authorizing a hearing in this matter,

at which time the

Respondent will be required to answer the allegations herein;

2.

Finding that the Respondent has violated Section 9(a)

of the Act, and 35

‘Ill.

Adm.

Code 218.401;

3.

Ordering the Respondent to cease and desist from any

further violation of Section

9’(a)

of the Act, and 35

Ill. Adm.

Code 218.401;

4.

Assessing against the Respondent a civil penalty of

Fifty Thousand Dollars

($50,000.00)

for each violation of the Act

and pertinent regulations, and an additional

civil penalty of Ten

Thousand Dollars

($10,000.00)

for each day of violation;

5.

Ordering the Respondent to pay all costs,

including

attorney, expert witness and consultant

fees,

expended by the

State in its pursuit of this action; and

6.

Granting such other relief as the Board deems

appropriate and just.

29

---

COUNT VIII

FAILURE TO MAINTAIN RECORDS

1-20.

herein paragraphs

1 through 20, of Count VII,

as paragraphs

21.

Section 218.404

of the ‘~‘léxographicPrinting Rules

effective

September 27,

1993

,

provides,

in pertinent part,

as

follows:

Record keeping and Reporting

a)

The VON content

of each coating and ink and the

efficiency of each capture system and control device

shall be determined by the applicable test methods and

procedures specified in Section 218.105 of this Part to

establish the records required under this Section.

*

*

*

c)

Any owner or operator of a printing line subject

to the limitations

of. Section 218.401 of this Part

shall comply with the following:

2)

On and after a date consistent with Section

218.106 of this Part,

or on and after the

initial start-up date,

the owner or operator

of a printing line subject to the limitations

of Section 218.401 of this Part.

.

.shall

collect and record all of the 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 and ink as applied on

each printing line.

B)

The VON content of each coating and’ink

as applied each day on each printing

line.

*

*

*

d.)

Any owner or operator of

a printing line subject

30

---

to the limitations of Section 218.401 of this

Part.

.

.

shall comply with the following:

2)

On and after a date consistent with Section

218.106 of this Part,

or on and after the initial

start-up date,

the owner or operator of

a printing

linesubject to the limitations of Section 218.401

of this Part.

.

.

shall collect and record all of the

following information each day 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 VON content and the volume of each

coating and ink as applied each day on each

printing line.

C)

The daily-weighted average VOM content of all

coatings and inks as applied on each printing

line.

22.

On October

5,

2001 and April

22,

2004,

Illinois EPA

inspectors det,ermined that the Respondent had failed to collect,

record, and maintain records of the volume,

name,

identification

number,

VOC content, and daily weighted VOC content of inks and

coatings used and applied at its facility.

On information an

belief,

the Respondent has failed to keep and maintain these

records from September 17,

1993 until the date of filing this

Amended Complaint.

The Respondent thereby violated Section

218.404

(c) and

(d)

of the Flexographic Printing Rules,

35

Ill.

Adm. Code 218.404

(c)

and

(d),

and thereby also violated Section

9(a)

of the Act,

415 ILCS 5/9(a)

(2002).

Respondent’s violations

were willful, knowing, and repeated.

WHEREFORE,

Complainant,

PEOPLE OF THE STATE OF ILLINOIS,

respectfully requests that the Board enter an order

in favor of

31

‘

---

Complainant

an’d against the Respondent,

PACKAGING PERSONIFIED,

INC.,

on Count VIII:

1.

Authorizing a hearing in this matter,

at which time the

Respondent will be required to answer the allegations herein;

2.

Finding’ that the Respondent has violated Section 9(a)

of the Act,

and 35

Ill. Adm. Code 218.404;

3.

Ordering the Respondent to cease and .desist from any

further violation of Section 9(a)

of the Act and 35

Ill.

Adrn.

Code 218.404;

4.

Assessing against the Respondent a civil penalty of

Fifty Thousand Dollars

($50,000.00)

for each violation of the Act

and pertinent regulations,

and an additional civil penalty of Ten

Thousand Dollars

($10,000.00)

for each day of violation;

5.

‘

Ordering the Respondent to pay all costs,

including

attorney, expert witness and consultant

fees expended by the

State in its pursuit of this action;

and

6.

Granting such other relief as the Board deems

appropriate and just.

‘

1-10.

Complainant realleges and incorporates by reference

herein, paragraphs

1 through

10 of Count

I as paragraphs

1

through 10 of this Count IX.

11.

Illinois EPA issued Construction Permit No.

03030016

(“Construction Permit”)to Respondent on August

13,

2003.

The

permit authorized construction and operation of one flexographic

32

---

printing press

(“Comexi press”)

as replacement of existing press

#4, and one regenerative thermal oxidizer

(“RTO”) controlling the

Comexi press and another existing press

(“press #5”)

at the

Facility,

subject

to enumerated permit conditions.

In addition,

the Permit placed conditions on presses number 1 & 2

(collectively “uncontrolled presses”)

12.

Condition

5 of Respondent’s Construction Permit

provides,

in part:

Emissions and operation of all printing shall not

exceed the following limits:

Emission

VOM Usage

VOM Usage

VOM

Emissions

VOM

Emissions

(Ton/Yr)

#1 and #2

524

2.62

524

2.62

Presses

Coxnexi and

24,960

124.80

3,396

16.98

Cleanup and

980

4.90

980

4.90

Solvents

13.

Between

August,

2003 and July,

‘2004, Respondent’s

actual VOM usage was,

in pertinent part,

as follows:

Month/Year

VOM Total Usage

(Lb/Mo)

‘

26,464

August/2003

37,788

September/2003

38,228

October/2003

39,567

December/2003

29,816

April/2004

28,095

Nay/2004

,

31,356

June/2004

45,610

July/2004

26,904

33

---

14.

During the

rr~onths

of August through October 2003,

December 2003,

and April through July 2004 the Respondent

exceeded its permitted VON usage limits.

The Respondent thereby

violated Condition

5 of its Permit, and t’hereby also violated

Section 9(b)

of the Act,

415 ILCS 5/9(b)

(2002). Respondent’s

violations were willful,

knowing, and repeated.

WHEREFORE,

Complainant, PEOPLE OF THE STATE OF ILLINOIS,

respectfully requests that the Board enter an order in favor, of

Complainant and against the Respondent, PACKAGING PERSONIFIED,

INC.,

on Count

IX:

1.

Authorizing a hearing in this matter,

a’t which time the

Re’spondent will be required to answer the allegations herein;

2.

Finding that the Respondent has violated Condition

5 of

its Construction Permit,

and Section 9(b)

of the Act;

3.

Ordering the Respondent to cease and desist from any

further violation of its Construction Permit, and Section 9(b)

of

the Act;

.

4.

Assessing against the Respondent

a civil penalty of

Fifty Thousand Dollars

($50,000.00)

for each violation of the Act

and pertinent regulations, and an additional civil penalty of Ten

Thousand Dollars

($10,000.00)

for each day of violation;

5.

Ordering the Respondent to pay all costs,

including

attorney,

expert witness and consultant

fees, expended by the

State in its pursuit of ‘this action;

and

6.

Granting such other relief as the Board deems

appropriate and just.

34

---

COUNT X

1-il.

Complainant realleges and incorporates by reference

herein paragraphs

1 through 11 of

Count IX as paragraphs

1

through 11 of this Count X.

12.

‘

Condition 4(c)

of construction permit no.

03030016

provides:

For the

2 uncontrolled presses,

the Permittee shall

meet

35

Ill. Adm. Code 218.401(a)

by not applying

flexographic coatings or inks which exceed the

following:

i.

40

VOM by volume of the coating and ink

(minus water and any other exempt compounds

from VOM),

or

ii.

25

VOM by volume of the volatile content of

the coating and ink.

13.

Illinois EPA inspected the Facility on April 22,

2004.

At the time of inspection, the Respondent was applying inks with

more than 40

VOM, but was unable to demonstrate through record-

keeping or other means that these inks were not used on presses

number

1

&

2,

the uncontrolled printing presses.

The Respondent

has thereby violated Condition 4(c)

of its Construction Permit,

and has thereby also violated Section 9(b)

of the Act,

415

ILCS

5/9(b)

(2002).

Respondent’s violations were wilful,

knowing,

and

repeated.

WHEREFORE,

Complainant, PEOPLE OF THE STATE OF ILLINOIS,

respectfully requests that the Board enter an order in favor of

Complainant and against the Respondent, PACKAGING PERSONIFIED,

INC.,

on Count

X:

35

---

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 Condition 4(c)

of its Construction Permit, and Section 9(b)

of the Act;

3.

Ordering the Respondent to cease and desist from any

further violation of its Construction Permit,

and Section 9(b)

of

the Act;

4.

Assessing against the Respondent a civil penalty of

Fifty Thousand Dollars

($50,000.00)

for each violation of the Act

and pertinent regulations, and an additional

civil penalty of Ten

Thousand Dollars

($10,000.00)’ for each day of violation;

5.

Ordering the Respondent to pay all costs,

including

attorney, expert witness and consultant fees,

expended by the

State in its pursuit of this action; and

6.

Granting such other relief as the Board deems

appropriate and just.

VIOLATION OF CONSTRUCTION PERMIT:

1-13.

herein, paragraphs

1 through 11 of Count IX, and Paragraphs

21,

through 22 of Count VIII,

as paragraphs

1 through 13 of this

Count XI.

14.

Illinois EPA inspected the Facility on April

22,

2004.

At the time of the inspection,

Respondent was unable to

demonstrate through record-keeping or other means,

that the

required VOM testing of its inks and coatings was, conducted.

36

---

15.

Condition 4(d)

of Respondent’s Permit provides,

as

follows:

The coating and inks shall

be. tested by the VON

content test methods of 35

Ill. Adm. Code 218.105(a).

16.

Respondent applied inks and coatings without performing

the required testing of the VOM content of each coating and ink

used at its facility.

The Respondent thereby violated Condition

No.

4(d)

of its Permit, and thereby also violated Section 9(b)

of

the Act, 415 ILCS 5/9(b)

(2002).

Respondent’s violations were

willful,

knowing, and repeated.

WHEREFORE,

Complainant, PEOPLE OF THE STATE OF ILLINOIS,

respectfully requests that the Board enter an order in favor of

Complainant and against the Respondent,

PACKAGING PERSONIFIED,

INC.,

on Count XI:

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 Condition 4(d)

of its Construction Permit and Section 9(b)

of the Act;

3.

Ordering the Respondent to cease and desist from any

further violations of its Construction Permit,

and Section 9(b)

of the Act;

4.

Assessing against the Respondent a civil penalty of

Fifty Thousand Dollars

($50,000.00)

for each violation of the Act

and pertinent regulat.ions, and an additional

civil penalty of Ten

Thousand Dollars

($10,000.00)

for each day of violation;

5.

Ordering the Respondent to pay all costs,

including

attorney, expert witness and consultant fees,

expended by the

37

---

State in its pursuit of this action; and

6.

Granting such other relief as the Board deems

appropriate and just.

VIOLATION OF CONSTRUCTION PERMIT:

FAILURE TO MAINTAIN RECORDS

1-13.

herein, paragraphs

1 through 13 of Count XI as paragraphs

14.

At the April

22, 2004 inspection,

monthly records of names,

at the facility, VOM and Hazardous Air Pollutant

emissions,

system.

On information and belief,

and keep the above-listed records from at least August

13,

until

at least April 22,

15.

Condition 15 of Construction Permit No. 03030016

provides,

in pertinent part,

as follows:

The permittee shall maintain daily records of the

following items:

a.

Names of inks used and their VOM

content,

as applied

(lb/gal) separately

for controlled and uncontrolled

presses.

*

‘

*

*

d.

A maintenance log for the capture

system,

control devic’e and monitoring

equipment detailing al.

routine and

non-routine maintenance performed

including dates and duration of

38

---

any outages.

16.

Condition 16 of construction permit no.

03030016

provides:

The Permittee shall maintain monthly records of .the

following items:

1.

Names and amounts of solvents used for the

ink dilution

(gal/mo)

and their VON and

HAP

content (lb/gal).

2.

Names and amounts of solvents used for the

ink dilution

(gal/mo)

and their VOM and HAP

content (lb/gal).

3.

Names and amounts of solvent used for clean-

up(gal/mo)

and their VON and HAP content

(lb/gal)

4.

VON and HAP emissions for preceding month

(tons/month)

and preceding

12 months

(tons/year).

17.

From August 13,

2003, until at least April

22,

2004,

the Respondent failed to collect.,

record, and maintain daily

records of names and VOM content of inks used,

and failed to

maintain daily maintenance records for its emission capture

system.

The Respondent thereby violated Condition 15 of its

Construction Permit, and thereby also violated Section 9(b)

of

the Act,

415 ILCS 5/9(b)

(2002.).

18.

From August

13,

2003,

until at least April

22,

2004,

the Respondent failed to make and keep monthly records of Inks

used, VON and HAP content, and VON and HAP emissions.

The

Respondent thereby violated Condition 16 of its Construction

Permit, and thereby also violated S’ection 9(b)

of the Act,

415

ILCS 5/9(b)

(2002)

.

Respondent’s violations were willful,

knowing,

and repeated.

.

WHEREFORE,

Complainant,

PEOPLE OF THE STATE OF ILLINOIS,

respectfully requests that the Board enter an order in favor of

39

---

Complainant and against the Respondent,

PACKAGING PERSONIFIED,

INC.,

on this Count XII:

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 Conditions

15

and 16 of its Construction Permit, and Section 9(b)

of the Act;

3.

Ordering the Respondent

to cease and desist from apy

further violation of its Construction Permit,

and Section 9(b)

of

the Act;

4.

Assessing against the Respondent a civil penalty of

Fifty Thousand Dollars

($50,000.00)

for each violation of the Act

and pertinent regulations, and an additional civil penalty of Ten

Thousand Dollars

($10,000.00)

for each day of violation;

5.

Ordering the Respondent to pay all costs,

including

attorney,

expert witness and consultant

fees,

expended by the

~tate

in its pursuit of this action; and

6.

Granting such other relief as the Board deems

appropriate and just.

PEOPLE OF THE STATE OF.ILLINOIS

ex

rel.

LISA

MADIGAN

Attorney General

State of Illinois

MATTHEW J. DUNN, Chief

Environmental Enforcement/Asbestos

Litigation Divisio

BY:

R~L~

~‘

~O~EMA,RIE c~~A~1J,

~

Env~f~nmentalBureau

Assistant Attorney General

40

---

OF COUNSEL:

CHRISTOPHER J.

GRANT

Assistant Attorney General

Environmental Bureau

188 W. Randolph St.,

20~’~

Fir

Chicago,

Illinois

60601

(312)

814-5388

41

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

vs.

)

PCB

PACKAGING PERSONIFIED,

INC.,

)

(Enforcement)

an Illinois corporation,

Respondent.

CERTIFICATE OF SERVICE

I, CHRISTOPHER GRANT,

an attorney,

do certify that

I caused

to be served this ~

day of July,

2005 the foregoing Mo’tion to

Amend Complaint

instanter

upon the person listed below, by

placing same

in

an envelope bearing sufficient postage with the

United States Postal Service located at 100 W.

Rando:

.,

Chicago

Illinois.

Service List:

Mr. Roy Harsch

Garder Carton Douglas

191 N. Wacker Drive,

Suite 3700

Chicago, Illinois 60606-1698

Mr. Bradley

P. Halloran

Hearing Officer,

IPCB

100 W.

Randolph, Chicago IL

via hand delivery

CHRISTOPHER

GRANT