EPA v. BELLEN CONTAINER CORP. DBA PACKAGING BY DESIGN

Case summary

BELLEN CONTAINER CORPORTION, DOING BUSINESS AS PACKAGING BY DESIGN, OWNS AND OPERATES A PRINTING AND COATING FACILITY AT 7161 MILWAUKEE AVE. IN NILES, ILLINOIS (PACKAGING BY DESIGN FACILITY OR PBD). PBD IS A PRINTING AND COATING FACILITY THAT LABELS PLASTIC PACKAGING FOR FOOD PRODUCTS BY MEANS OF THREE FLEXOGRAPHIC PRINTING PRESSES AND TWO LAMINATING LINES. PBD'S PRESSES AND LAMINATORS ARE SOURCES OF VOLATILE ORGANIC MATERIAL (VOM). THIS REFERRAL ALLEGES THAT PBD VIOLATED THE CLEAN AIR ACT AND THE ILLINOIS STATE IMPLEMENTATION PLAN (SIP) BY OPERATING FOUR PRINTING PRESSES AND TWO LAMINTORS WITHOUT AN OPERATING PERMIT. THIS REFERRAL FURTHER ALLEGES THAT PBD VIOLATED THE ILLINOIS SIP (FORMERLY THE FEDERAL IMPLEMENTATION PLAN OR FIP), BY FAILING TO PROPERLY TEST ALL INKS AND ADHESIVES USED AT THE FACILITY, AND BY USING A NONCOMPLIANT COATING ON ITS TWO LAMINATING LINES. ON JUNE 29, 1990, THE U.S. EPA, PURSUANT TO SECTION 110(C) OF THE ACT, 42 U.S.C. SEC. 7410(C), AND IN RESPONSE TO A SETTLEMENT AGREEMENT BETWEEN THE STATES OF WISCONSIN AND ILLINOIS AND THE U.S. EPA (WISCONSIN V. REILLY, NO. 87-C-0395, E.D. WIS., JANUARY 18, 1989), PROMULAGATED A FIP FOR SIX COUNTIES IN NORTHEAST ILLINOIS, INCLUDING COOK COUNTY WHERE THE PBD FACILITY IS LOCATED. THE AREA IS DESIGNATED AS SEVERE NONATTAINMENT FOR THE OZONE NATIONAL AMBIENT AIR QUALITY STANDARD. THE FIP ESTABLISHES RULES FOR SOURCES OF VOM BY REVISING THE REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT) RULES IN THE SIP FOR THE STATE OF ILLINOIS. 40 C.F.R. SEC. 52.741(E) SET FORTH THE RULES APPLICABLE TO FACILITIES WITH COATING OPERATIONS THAT USE GREATER THAN 15 POUNDS PER DAY OF VOM. SUBJECT LINES MUST EITHER USE COATINGS WITH AN AS-APPLIED VOM CONTENT AT OR BELOW THE LIMIT SPECIFIED FOR EACH PARTICULAR TYPE OF COATING (COMPLAINT COATINGS), OR INSTALL A CONTROL DEVICE. IN ADDITION, SUBJECT LINES MUST TEST ALL COATINGS AND CONTROL DEVICES IN ACCORDANCE WITH U.S. EPA - APPROVED TEST METHODS, AND CERTIFY COMPLIANCE WITH OR EXEMPTION FROM THE COATING RULES. THE DATE OF COMPLIANCE FOR ALL COATING REQUIREMENTS WAS JULY 1, 1991. 40 C.F.R. SEC. 52.741(H)(1) SET FORTH THE RULES APPLICABLE TO FACILITIES WITH FLEXOGRAPHIC PRINTING PRESSES THAT HAVE THE POTENTIAL TO EMIT OVER 100 TONS PER YEAR (TPY) OF VOM. SUBJECT LINES MUST EITHER USE INKS WITH AN AS-APPLIED VOM CONTENT AT OR BELOW THE LIMITS SPECIFIED IN THE REGULATIONS (COMPLAINT INKS), OR INSTALL A CONTROL DEVICE. IN ADDITION, SUBJECT LINES MUST TEST ALL INKS AND CONTROL DEVICES IN ACCORDANCE WITH U.S. EPA - APPROVED TEST METHODS, AND CERTIFY COMPLIANCE FOR ALL PRINTING REQUIREMENTS WAS JULY 1, 1991. ON APRIL 5, 1994, A FEDERAL INSPECTION WAS CONDUCTED AT THE PBD FACILITY. THE INSPECTION REVEALED NUMEROUS DEFICIENCIES INCLUDING CONSTRUCTION OF A NEW LINE, LINE #6, WITHOUT A PERMIT, OPERATION OF ALL LINES WITHOUT AN OPERATING PERMIT, FAILURE TO CERTIFY COMPLIANCE WITH THE FIP, INADEQUATE RECORDKEEPING, AND USE OF A NONCOMPLIANT ADHESIVE COATING ON THE LAMINATING LINES. FEDERAL SAMPLING INPSECTIONS CONDUCTED ON APRIL 14 AND MAY 19, 1994, AND A SECTION 114 LETTER ISSUED ON MAY 2, 1994, CONFIRMED THE VIOLATIONS AND REVEALED THAT THE PRINTING LINES HAD MAXIMUM THEORETICAL EMISSIONS OF GREATER THAT 100 TPY VOM (CALCULATED BY PBD AS 122 TPY FOR LINES #1, #2, AND #5), AND THAT THE LAMINATING LINES (#3 AND #4) WERE EMITTING GREATER THAN 15 POUNDS PER DAY VOM (ATTACHMENT I). AS A RESULT, A NOTICE OF VIOLATION ( NOV ) WAS ISSUED TO PBD ON JULY 26, 1994 (ATTACHEMENT J). ON SEPTEMBER 2, 1994, A SECTION 113 CONFERENCE WAS HELD IN ORDER TO DISCUSS THE ALLEGATIONS CITED IN THE NOV. AT THE CONFERENCE, PBD STATED THAT IT HAD BEEN WORKING ON CONVERTING TO WATER-BASED INKS, ADHESIVES, AND SOLVENTS SINCE 1989, WHEN PILOT PROJECTS USI

Defendants (2)

• BELLEN CONTAINER CORP. DBA PACKAGING BYNamed in settlement
• GRAZIANO PARTNERSNamed in complaint

Facilities (2)

• BELLEN CONTAINER PACKAGING BY DESIGN

  7161 MILWAUKEE, NILES, IL, 60714

  Registry ID: 110002023925

• BELLEN CONTAINER PACKAGING BY DESIGN

  7161 MILWAUKEE, NILES, IL, 60714

  Registry ID: 110002023925

Statutes cited

• CAA 113 — Clean Air Act

Enforcement conclusions (1)

• BELLEN CONTAINER CORP.entered 1997-09-19

  Primary law: CAA

  Federal penalty: $182,000

Timeline (8 milestones)

• 1994-04-05Enforcement Action Data Entered
• 1995-03-29Referred To Dept Of Justice
• 1995-03-29Referred TO U.S. Attorney
• 1997-07-25Final Order Lodged
• 1997-07-25Complaint Filed With Court
• 1997-09-19Final Order Entered
• 1997-10-29Concluded
• 1997-10-29Enforcement Action Closed