Schulze and Burch Biscuit Company has been in operation in its Chicago location since 1939. In 1972, the Illinois State Implementation Plan required that any emission source or new emission source obtain a construction and operating permit for all new or modified pieces of operating equipment capable of emitting specified air contaminants into the atmosphere (35 IAC 201.142 and 201.143).
The facility uses and emits volatile organic matter (VOM) that act as a carrier within the flavorings used to make products (toaster pastries, granola bars, granola pieces). The facility operates at least six baking lines, including ovens, and two natural gas boilers that have the potential to emit VOM.
Schulze and Burch did not apply for an air construction or operating permit from the IEPA until March 30th, 2009, in violation of 35 IAC 201.142 and 201.143.