ILLINOIS POLLUTION CONTROL BOARD
October 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)
OPINION AND 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 parties’ stipulation and proposed settlement.
Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), the Attorney
General and the State’s Attorneys may bring actions before the Board on behalf of the People to
enforce Illinois’ environmental requirements.
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
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.
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
Also on September 5, 2008, the People and Behr Iron 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). The Board provided notice of the stipulation,
proposed settlement, and request for relief. The newspaper notice was published in the
Rockford
Register
on September 11, 2008. The Board did not receive any requests for hearing. The Board
grants the parties’ request for relief from the hearing requirement.
See
415 ILCS 5/31(c)(2)
(2006); 35 Ill. Adm. Code 103.300(b).
Section 103.302 of the Board’s procedural rules sets forth the required contents of
stipulations and proposed settlements.
See
35 Ill. Adm. Code 103.302. These requirements
include stipulating to facts on the nature, extent, and causes of the alleged violations and the
nature of Behr Iron’s operations. Section 103.302 also requires that the parties stipulate to facts
called for by Section 33(c) of the Act (415 ILCS 5/33(c) (2006)), which bears on the
reasonableness of the circumstances surrounding the alleged violations. Behr Iron does not
admit the alleged violations. The stipulation also addresses the factors of Section 42(h) of the
Act (415 ILCS 5/42(h) (2006)), which may mitigate or aggravate the civil penalty amount. Behr
Iron agrees to pay a civil penalty of $10,000. The People and Behr Iron have satisfied Section
103.302. The Board accepts the stipulation and proposed settlement.
This opinion constitutes the Board’s findings of fact and conclusions of law.
ORDER
1.
The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2.
Behr Iron must pay a civil penalty of $10,000 no later than November 17, 2008,
which is the first business day following the 30th day after the date of this order.
Behr Iron must pay the civil penalty by certified check or money order payable to
the Illinois Environmental Protection Agency, designated to the Illinois
Environmental Protection Trust Fund. The case name, case number, and Behr
Iron’s federal tax identification number must appear on the face of the certified
check or the money order.
3.
Behr Iron must submit payment of the civil penalty to:
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Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Behr Iron must send a copy of the certified check or money order and any
transmittal letter to:
L. Nichole Cunningham
Environmental Bureau
Illinois Attorney General’s Office
69 West Washington St., Suite 1800
Chicago, Illinois 60602
4.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2006)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2006)).
5.
Behr Iron must cease and desist from future violations of the Act and Board
regulations that were the subject matter of the complaint.
IT IS SO ORDERED.
Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2006);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
Board’s procedural rules provide that motions for the Board to reconsider or modify its final
orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above opinion and order on October 16, 2008, by a vote of 4-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
