Document rBO2p396X3kwXk0zXM3E4B5Ya

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590 DEC 1 8 2018 CERTIFIED MAIL RETURN RECEIPT REQUESTED REPLY TO THE ATTENTION OF: Steve Caudle, Tem1inal Manager Watco Terminal and Port Services 2926 East 126th Street Chicago, Illinois 60633 Re: Notice ofViolation Watco Terminal and Port Services Chicago, Illinois Dear Mr. Caudle: The U.S. Environmental Protection Agency is issuing the enclosed Notice of Violation (NOV) to Watco Terminal and Port Services (you) under Section l 13(a)(l) of the Clean Air Act, 42 U.S.C. 7413(a)(l). We find that you are violating the Illinois State Implementation Plan at your Chicago, Illinois facility. Section 113 of the Clean Air Act gives us several enforcement options. These options include issuing an administrative compliance order, issuing an administrative penalty order and bringing a judicial civil or criminal action. We are offering you an opportunity to confer with us about the violations alleged in the NOV. The conference will give you an opportunity to present information on the specific findings of violation, an update on the actions taken to enhance your fugitive dust emissions control program outlined in your November 26, 2018, letter to EPA, and the steps you will take to prevent future violations. EPA appreciates Watco's open communication and proactive actions at its facility in response to the air monitoring data. In order to make the conference more productive, we encourage you to submit to us information responsive to the NOV prior to the conference date. Please plan for your facility' s technical and management personnel to attend the conference to discuss compliance measures and commitments. You may have an attorney represent you at this conference. Recycled/Recyclable Printed with Vegetable Oil Based Inks on 100% Recycled Paper (100% Post Consumer) The EPA contact in this matter is Patrick Miller. You may call him at (312) 886-4044 to request a conference. You should make the request within 10 calendar days following receipt of this letter. We should hold any conference within 30 calendar days following receipt of this letter. Sincerely, Edward Nam Director Air and Radiation Division Enclosure cc: Susan Franzetti Nijman Franzetti LLP 10 S. LaSalle St., Suite 3600 Chicago, Illinois 60603 Yasmine Keppner-Bauman Compliance Unit Bureau of Air Illinois Environmental Protection Agency 1021 North Grand Avenue East Springfield, Illinois 62794 Mort Ames City of Chicago Law Department Assistant Corporation Counsel Supervisor 30 N . La Salle Street, Suite 1400 Chicago, Illinois 60602 Dave Graham Chicago Department of Public Health Assistant Commissioner 333 S. State Street, Room 200 Chicago, Illinois 60604 2 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGIONS IN THE MATTER OF: Watco Terminal and Port Services Chicago, Illinois Proceedings Pursuant to Section 113(a)(l) of the Clean Air Act, 42 U.S.C. 7413(a)(l) ) ) ) NOTICE OF VIOLATION ) ) EPA-5-19-IL-01 ) ) ) ) NOTICE OF VIOLATION The U.S. Environmental Protection Agency (EPA) is issuing this Notice of Violation under Section 113(a)(l) of the Clean Air Act, 42 U.S.C. 7413(a)(l). EPA finds that Watco Terminal and Port Services, Inc. (Watco), is violating the lllinois State Implementation Plan (SIP), as follows: Statutory and Regulatory Background 1. The CAA, 42 U.S.C 7401, et seq., and the regulations promulgated thereunder, establish a statutory and regulatory scheme designed to protect and enhance the quality of the nation's air so as to promote the public health and welfare and the productive capacity of its population. 2. On May 31, 1972, EPA approved Illinois Pollution Control Board (IPCB) Rules 101 and I 02 as part of the federally enforceable SIP for the State of Illinois. 37 Fed. Reg. 10842. IPCB Rule 101 has been recodified at 35 Illinois Administrative Code (Ill. Admin. Code) 201.102. IPCB Rule 102 has been recodified at 35 Ill. Admin. Code 201.141. 3. The Illinois SIP at 35 Ill. Admin. Code 201.141 provides, in pertinent part, that no person shall cause or threaten or allow the discharge or emission of any contaminant into the environment in any State so as, either alone or in combination with contaminants from other sources, to cause or tend to cause air pollution in Illinois or so as to prevent the attainment or maintenance of any applicable ambient air quality standard. 4. The Illinois SIP at 35 Ill. Admin. Code 201.102 defines "Air Pollution" as the presence in the atmosphere of one or more air contaminants in sufficient quantities and of such characteristics and duration as to be injurious to human, plant, or animal life, to health, or to property, or to unreasonably interfere with the enjoyment oflife or property. Findings of Fact 5. Watco is a bulk material storage handling facility located at 2926 East 126th Street, Chicago, Illinois (the facility). 6. Watco performs crushing, screening, loading, and unloading of various materials, including materials that contain manganese. 7. The Agency for Toxic Substances and Disease Registry (ATSDR) has identified the inhalation minimal risk level (MRL) for chronic exposure to manganese to be 0.3 g/1113 This level was used by EPA for the Risk and Technology Review for the National Emission Standards for Hazardous Air Pollutants: Ferroalloys Production at https://www.gpo.gov/fdsys/pkg/FR-2014-10-06/html/2014-23266.htm. An MRL is an estimate of the daily human exposure to a hazardous substance that is likely to be without appreciable risk of adverse non-cancer health effects over a specified duration of exposure. 8. EPA issued a Section 114 Information Request to Watco ("114 Request") on May 15, 2018. The 114 Request required Watco to install, operate, and maintain a PM10 filterbased air monitor, referred to as a Federal Reference Method ("FRM") monitor, and a meteorological station at the Facility. 9. The ambient air monitor was installed and operating at the Watco facility on September 14, 2018. The information request requires data to be submitted to EPA on a monthly basis. 10. As of November 28, 2018, six weeks of PM10 metals air monitoring data has been received from the Watco facility for the time period September 14, 2018 through October 31, 2018. The six weeks of data show an average concentration of 0.416 g/m3 of manganese. 11. EPA finds that a manganese concentration of 0.416 g/m 3 exceeds the health-based standard screening level of manganese. Violations 12. Watco is causing emissions of manganese into the air, so as, either alone or in combination with contaminants from other sources, to cause or tend to cause, Air Pollution in Illinois in violation of the Illinois SIP at 35 Ill. Admin. Code 201.141. 2 Environmental Impact of Violations 13. These violations have caused or can cause excess emissions of manganese. Manganese is a neurotoxin at certain concentrations that can cause neuromotor and neuropsychological deficits. Inhaled manganese may be transported to the brain before it is metabolized by the liver. Exposure to elevated concentrations of manganese in the air may lead to a permanent neurological disorder known as manganism, the symptoms of which include tremors, difficulty walking, facial muscle spasms, negative cognitive effects, and mood changes. It may also lead to lung inflammation and impaired lung function. In children, exposure to elevated levels of manganese may result in effects on brain development, including changes in behavior and decreases in learning and memory capacities. Date Edward Nam Director Air and Radiation Division 3 CERTIFICATE OF MAILING I certify that I sent a Notice of Violation, No. EPA-5-19-IL-01 by Certified Mail, Return Receipt Requested, to: Steve Caudle, Terminal Manager Watco Terminal and Port Service 2926 East 126th Street Chicago, Illinois 60633 I also certify that I sent copies of the Notice of Violation by first-class mail to : Susan Franzetti Nijman Franzetti, LLP 10 South LaSalle Street, Suite 3600 Chicago, Illinois 60603 Yasmine Keppner-Bauman Compliance Unit Bureau ofAir Illinois Environmental Protection Agency 1021 North Grand Avenue East Springfield, Illinois 62794 Mort Ames City of Chicago Law Department Assistant Corporation Counsel Supervisor 30 N. La Salle Street, Suite 1400 Chicago, Illinois 60602 Dave Graham Chicago Department of Public Health Assistant Commissioner 333 S. State Street, Room 200 Chicago, Illinois 60604 On the \ ~ day of U--e o ;v..SJ ITT 2018. Kathy Jones Program Technician AECAB,PAS CERTIFIED MAIL RECEIPT NUMBER: YJ O \:=) Qloto o cooo ai.ota JS3 t \