ILLINOIS POLLUTION CONTROL BOARD
    September 16, 2008
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    BEHR IRON & STEEL, INC., an Illinois
    corporation,
    Respondent.
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    PCB 09-13
    (Enforcement - Air)
    ORDER OF THE BOARD (by G.T. Girard):
    On September 5, 2008, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a five-count complaint against Behr Iron & Steel, Inc. (Behr Iron).
    The complaint concerns Behr Iron’s scrap metal processing facility located at 208 Quaker Road
    in Rockford, Winnebago County. The parties now seek to settle without a hearing. For the
    reasons below, the Board accepts the complaint as meeting the applicable content requirements
    of the Board’s procedural rules.
    See
    35 Ill. Adm. Code 103.204. The Board further directs the
    Clerk to provide public notice of the parties’ stipulation, proposed settlement, and request for
    relief from the hearing requirement.
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), the Attorney
    General and the State’s Attorneys may bring actions before the Board to enforce Illinois’
    environmental requirements on behalf of the People.
    See
    415 ILCS 5/31 (2006); 35 Ill. Adm.
    Code 103. In this case, the People allege that Behr Iron violated Sections 9(a), 9(b), and
    9.1(d)(1) of the Act (415 ILCS 5/9(a), 9(b), 9.1(d)(1) (2006)), Sections 201.142, 201.143, and
    201.302 of the Board’s air pollution regulations (35 Ill. Adm. Code 201.142, 201.143, 201.302),
    and Sections 63.1501(b), 63.1511(a), 63.1511(b), and 63.1515(b) of the National Emissions
    Standards for Hazardous Air Pollutants (NESHAPs) for secondary aluminum production (40
    C.F.R. §§ 63.1501(a), 63.1511(a), 63.1511(b), 63.1515(b)).
    1
    The People further allege that Behr
    Iron violated these provisions by (1) failing to obtain a construction permit from the Illinois
    Environmental Protection Agency (Agency) prior to constructing emission sources and air
    pollution control equipment; (2) failing to obtain an operating permit from the Agency prior to
    operating emission sources and air pollution control equipment; (3) failing to timely submit
    complete and accurate annual emission reports (AERs) to the Agency; (4) failing to submit a
    1
    The NESHAP for secondary aluminum production (40 C.F.R. Part 63, Subpart RRR) was
    promulgated by the United States Environmental Protection Agency under Section 112 of the
    federal Clean Air Act (CAA) (42 U.S.C. § 7412). Section 9.1(d)(1) of the Act prohibits anyone
    from violating any federal regulation adopted under Section 112 of the CAA. Consequently, any
    violation of the secondary aluminum production NESHAP is also a violation of Section 9.1(d)(1)
    of the Act.
    See
    415 ILCS 5/9.1(d) (2006).
    2
    site-specific test plan and conduct performance testing by the deadlines established in the
    NESHAP for secondary aluminum production; and (5) failing to submit a notification of
    compliance status report to the Agency.
    On September 5, 2008, the People and Behr Iron also filed a stipulation and proposed
    settlement, accompanied by a request for relief from the hearing requirement of Section 31(c)(1)
    of the Act (415 ILCS 5/31(c)(1) (2006)). This filing is authorized by Section 31(c)(2) of the Act
    (415 ILCS 5/31(c)(2) (2006)), which requires that the public have an opportunity to request a
    hearing whenever the State and a respondent propose settling an enforcement action without a
    public hearing.
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed stipulation, Behr Iron
    does not admit the alleged violations but agrees to pay a civil penalty of $10,000.
    Unless the Board determines that a hearing is needed, the Board must cause notice of the
    stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
    may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
    files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
    hearing.
    See
    415 ILCS 5/31(c)(2) (2006); 35 Ill. Adm. Code 103.300(b), (c). The Board directs
    the Clerk to provide the required notice.
    IT IS SO ORDERED.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on September 16, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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