ILLINOIS POLLUTION CONTROL BOARD
    September 16, 2008
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    BEHR ALUMINUM, INC., an Illinois
    corporation,
    Respondent.
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    PCB 09-14
    (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 ten-count complaint against Behr Aluminum, Inc. (Behr
    Aluminum). The complaint concerns Behr Aluminum’s secondary aluminum smelting facility
    located at 1100 Seminary Drive 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 Aluminum violated Sections 9(a), 9(b),
    9.1(d)(1), 9.1(d)(2), and 39.5(6)(b) of the Act (415 ILCS 5/9(a), 9(b), 9.1(d)(1), (2), 39.5(6)(b)
    (2006)), Sections 201.141, 201.142, and 212.321 of the Board’s air pollution regulations (35 Ill.
    Adm. Code 201.141, 201.142, 212.321), Sections 63.1501(a), 63.1511(a), 63.1511(b), and
    63.1515(b) of the National Emission 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
    Sections 165(a)(1) and (4) of the Clean Air Act (42 U.S.C. §§ 7475(a)(1), (4)), Sections 52.21(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 (USEPA) 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
    and (j) of the Prevention of Significant Deterioration (PSD) regulations (40 C.F.R. §§ 52.21(a),
    (j)),
    2
    and specified terms and conditions of Behr Aluminum’s Lifetime Operating Permit.
    The People further allege that Behr Aluminum violated these provisions by (1) causing or
    allowing particulate matter (PM) emissions into the atmosphere in excess of the allowable
    emission rate; (2) failing to operate within conditions imposed by Behr Aluminum’s Lifetime
    Operating Permit; (3) failing to timely test PM emissions from the rotary dryer and hammermill;
    (4) operating the hammermill and rotary dryer without the baghouse for purposes other than
    stack testing and outside of the time period allowed by Behr Aluminum’s Lifetime Operating
    Permit; (5) failing to obtain a construction permit from the Illinois Environmental Protection
    Agency (Agency) prior to modifying its emissions sources by disconnecting the rotary dryer
    from the baghouse and causing PM emissions in excess of permitted PM emission limits; (6)
    failing to maintain records required by Behr Aluminum’s Lifetime Operating Permit; (7) failing
    to submit a site-specific test plan to the Agency and to conduct initial performance by the
    deadlines established in the NESHAP for secondary aluminum production; (8) failing to timely
    submit a complete and accurate notification of compliance status report as required by the
    NESHAP for secondary aluminum production; (9) constructing a major stationary source located
    within an attainment area having the potential to emit (PTE) PM in excess of 100 tons per year,
    failing to perform a Best Available Control Technology (BACT) review, failing to apply for and
    obtain a PSD permit prior to constructing one rotary dryer without a baghouse, and failing to
    apply BACT to the rotary dryer; and (10) failing to submit to the Agency an application for a
    Clean Air Act Permit Program (CAAPP) permit within 180 days prior to disconnecting the dryer
    from the baghouse, and thereafter operating the source, thereby operating a CAAPP source
    without a CAAPP permit.
    On September 5, 2008, the People and Behr Aluminum 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 Aluminum does not admit the alleged violations but agrees to pay a civil penalty of
    2
    The PSD regulations (40 C.F.R. § 52.21) were promulgated by USEPA under Section 165 of
    the CAA (42 U.S.C. § 7475). Section 9.1(d)(1) of the Act prohibits anyone from violating
    Section 165 of the CAA or any federal regulation adopted under Section 165. Therefore, any
    violation of Section 165 of the CAA or the PSD regulations is also a violation of Section
    9.1(d)(1) of the Act.
    See
    415 ILCS 5/9.1(d)(1) (2006). Section 9.1(d)(2) provides that no person
    shall “construct, install, modify or operate any equipment, building, facility, source or
    installation which is subject to regulation under Sections 111, 112, 165 or 173 of the Clean Air
    Act, as now or hereafter amended, except in compliance with the requirements of such Sections
    and federal regulations adopted pursuant thereto, and no such action shall be undertaken without
    a permit granted by the Agency or in violation of any conditions imposed by such permit.” 415
    ILCS 5/9.1(d)(2) (2006).
    3
    $140,000. In addition, Behr Aluminum agrees to fund a Supplemental Environmental Project
    (SEP) in the amount of $100,000 to be used for reducing diesel emission pollution in Illinois.
    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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