Document 6yw3ryxNGbomE6MO4ExNYn2m

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REG ION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590 SEP 3 0 2019 REPLY TO THE ATTENT ION OF VIA E-MAIL Rick Manley, Senior Environmental Engineer BWAY Corporation 6 Litho Road Trenton, NJ 08638 Email: rick.manley@mauserpackaging.com Dear Mr. Manley: Enclosed is a file-stamped Consent Agreement and Final Order (CAFO) which resolves BWAY Corporation, docket no. CAA-05-2019-0033 . As indicate by the filing stamp on its first page, we filed the CAFO with the Regional Hearing Clerk on i11.~ . Pursuant to paragraph 40 ofthe CAFO, BWAY Corporation must pay the civil penalty within 30 days of the filing date. Your check must display the case name and case docket number. Please direct any questions regarding this case to Susan Tennenbaurn, Associate Regional Counsel, (312) 886-0273. Sincerely, '71~1~:_-71/7 , - ~ ~ Nathan Frank, Chief Air Enforcement and Compliance Assurance Section (IL/IN) Enclosure cc: Ann Coyle, Regional Judicial Officer/via electronic mail Regional Hearing Clerk/via electronic mail Susan Tennenbaum/via electronic mail Kent Mohr, Illinois EPA/via electronic mail UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGIONS In the Matter of: BWAY Corporatio Chicago, Illinois, Respondent. U.S. ENVIRONMENTAL PROTECTION AGENCY Docket No. CAA-05-2019-0033 Proceeding to Assess a Civil Penalty Under Section 113(d) of the Clean Air Act, 42 U.S.C. 7413(d) Consent Agreement and Final Order Preliminary Statement 1. This is an administrative action commenced and concluded under Section 113(d) of the Clean Air Act (the CAA), 42 U.S.C. 7413(d), and Sections 22.l(a)(2), 22.13(b) and 22.18(b)(2) and (3) ofthe Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits (Consolidated Rules), as codified at 40 C.F.R. Part 22. 2. Complainant is the Director of the Enforcement and Compliance Assurance Division, U.S. Environmental Protection Agency (EPA), Region 5. 3. Respondent is BWAY Corporation, a corporation doing business in Illinois. 4. Where the parties agree to settle one or more causes of action before the filing of a complaint, the administrative action may be commenced and concluded simultaneously by the issuance ofa consent agreement and final order (CAFO). 40 C.F.R. 22.13(b). 5. The parties agree that settling this action without the filing of a complaint or the adjudication of any issue of fact or law is in their interest and in the public interest. 6. Respondent consents to the assessment of the civil penalty specified in this CAFO and to the terms of this CAFO. Jurisdiction and Waiver of Right to Hearing 7. Respondent admits the jurisdictional allegations in this CAFO and neither admits nor denies the factual allegations in this CAFO. 8. Respondent waives its right to request a hearing as provided at 40 C.F.R. 22.15(c), any right to contest the allegations in this CAFO and its right to appeal this CAFO. Statutory and Regulatory Background National Emission Standards for Hazardous Air Pollutants 9. Section 112 of the CAA, 42 U.S.C 7412(c), requires EPA to promulgate a list of all categories and subcategories of new and existing "major sources" of hazardous air pollutants (HAP), as defined by 42 U.S.C. 7412(a)(l), and establish emission standards for the categories and subcategories. These emission standards are known as the National Emission Standards for Hazardous Air Pollutants (NESHAP). 10. "Major source" is defined as "any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants." 42 U.S.C. 7412(a)(l). 11. "Stationary source" is defined as "any building, structure, facility, or installation, which emits or may emit any air pollutant." 42 U.S.C. 741 l(a)(3) and 7412(a)(3). 12. "Hazardous air pollutant" is defined as "any air pollutant listed in or pursuant to" Section 112(b) of the CAA. 42 U.S.C. 7412(a)(6). 13. Section 112(i)(3) of the CAA, 42 U.S.C. 7412(i)(3), prohibits any person subject to a NESHAP from operating a source in violation of a NESHAP after its effective date. See also 40 C.F.R. 61.05 and 63.4. 2 14. 40 C.F.R. Part 63, Subpart A, contains the General Provisions for the NESHAP. 15. 40 C.F.R. 63.6(e)(l )(i) provides that the owner or operator must operate and maintain an affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions at all times. NESHAP for Surface Coating of Metal Cans 16. Under Section 112 of the CAA, 42 U.S.C. 7412, EPA promulgated the NESHAP for Surface Coating of Metal Cans at 40 C.F.R. 63.3480 through 63.3561 (NESHAP KKKK). 17. 40 C.F.R. 63.3481(a) provides, among other things, that the source category to which the NESHAP KKKK applies is surface coating of metal cans and ends (including decorative tins) and metal crowns and closures. 18. 40 C.F.R. 63.348l(b) provides that the NESHAP KKKK applies to owners and operators of a new, reconstructed, or existing affected source, as defined in 40 C.F.R. 63.3482, that uses 5,700 liters (1,500 gallons (gal)) per year or more of coatings in the source category defined in paragraph (a) of this section and that is a major source, is located at a major source, or is part of a major source of emissions of HAP. 19. 40 C.F.R. 63.3482 provides that the NESHAP KKKK applies to the following affected sources: (a) a new, reconstructed, and existing affected source. (b) the affected sources listed below that are used for surface coating of metal cans and ends (including decorative tins), or metal crowns or closures: (!) All coating operations as defined in 40 C.F.R. 63.3561; (2) All storage containers and mixing vessels in which coatings, thinners, and cleaning materials are stored or mixed; 3 (3) All manual and automated equipment and containers used for conveying coatings, thinners, and cleaning materials; and (4) All storage containers and all manual and automated equipment and containers used for conveying waste materials generated by a coating operation. (c) a new affected source if you commenced its construction after January 15, 2003 by installing new coating equipment. New coating equipment is equipment used to perform metal can surface coating at a facility where no metal can surface coating was previously performed and the construction is of a completely new metal can surface coating source where previously no metal can surface coating source had existed. (d) a reconstructed affected source if you meet the criteria as defrued in 40 C.F.R. 63.2. (e) an affected existing source if it is not new or reconstructed. 20. 40 C.F.R. 63.3491 states that a compliance option listed in paragraphs (a) through (d) ofthis section must be used to determine compliance with emissions limits established for surface coating operations. 21. 40 C.F.R. 63.349l(d) describes the "[c]ontrol efficiency/outlet concentration option" for demonstrating compliance with emission limits. It states in part: Demonstrate that, based on the emission reductions achieved by emission capture systems and add-on controls, total HAP emissions measured as total hydrocarbon (THC) are reduced by 95 percent or greater for existing sources, or 97 percent or greater for new or reconstructed sources, or that outlet THC emissions are less than or equal to 20 parts per million by volume, dry basis (ppmvd). If you use this compliance option, you must have a capture device that meets EPA Method 204 of 40 [C.F.R. Part] 51, appendix M criteria for a permanent total enclosure (PTE). 4 22. "Capture system" is defined as "one or more capture devices intended to collect emissions generated by a coating operation in the use of coatings, both at the point of application and at subsequent points where emissions from coatings occur, such as flash-off, drying, or curing." 40 C.F.R. 63 .3 561. 23. "Capture device" is defined as "a hood, enclosure, room, floor sweep, or other means of containing or collecting emissions and directing those emissions into an add-on air pollution control device." 40 C.F.R. 63.3561. 24. "Coating operation" is defined in part as "equipment used to apply coating to a metal can or end (including decorative tins), or metal crown or closure, and to dry or cure the coating after application. A coating operation always includes at least the point at which a coating is applied and all subsequent points in the affected source where organic HAP emissions from that coating occur." 40 C.F.R. 63.3561. 25. 40 C.F.R 63.3554 states, "[t]he capture efficiency of your emission capture system must be 100 percent to use the control efficiency/outlet concentration option. You may assume the capture system efficiency is 100 percent if both of the conditions in paragraphs (a) and (b) of this section are met." 26. 40 C.F.R. 63.3554(a) states, "[t]he capture system meets the criteria in Method 204 of appendix M to 40 CPR part 51 for a PTE and directs all the exhaust gases from the enclosure to an add-on control device." 27. 40 C.F.R. 63.3554(b) states in part, "All coatings and thinners used in the coating operation are applied within the capture system, and coating solvent flash-off, curing, and drying occurs within the capture system." 5