EPA v. SPRINGFIELD, CITY OF

Case summary

NATURE OF THE CASE: CITY WATER, LIGHT & POWER CO, THE MUNICIPAL UTILITY FOR SPRINGFIELD, IL, OWNS & OPERATES 2 ELECTRICITY GENERATING PLANTS, THE LAKESIDE PLANT & THE DALLMAN PLANT. THE DALLMAN PLANT IS THE NEWER OF THE 2. IT HAS 3 BOILERS, OF WHICH BOILER #3 IS THE LARGEST, W/A DESIGN CAPACITY FOR PRODUCING 192 MEGAWATTS OF ELECTRIC POWER. DALLMAN BOILER #3 IS SUB- JECT TO THE NPDS FOR SULFER DIOXIDE, 40 CFR PART 60 ET SEQ. CAUSE OF ACTION: IN 1976 EPA BROUGHT A CIVIL ACTION AGAINST THE CITY OF SPRINGFIELD TO COMPEL IT TO BRING BOILER #3 INTO COMPLIANCE W/THE SULFUR DIOXIDE NSPS. ON 9/13/77, THE CITY OF SPRING- FIELD & EPA AGREED TO A CD IN THE CASE. THE DECREE REQUIRED AMONG OTHER THINGS, THAT THE CITY INSTALL & OPERATE DESUL- FURIZATION EQUIPMENT & EMISSION MONITORING EQUIPMENT ON BOILER #3. THE CITY INSTALLED THE POLLUTION CONTROL EQUIPMENT & CERTIFIED ITS CAPABILITY IN 1/81. THE CITY HAS HOWEVER, OPERATED THE EQUIPMENT IN A THROUGHLY UNRELIABLE MANNER SINCE THE CERTIFICATION TEST. AS A DIRECT CONSEQUENCE OF THE CITY'S FAILURE, DURING THE PERIOD 1/81 THROUGH 2/82 APPROX 12,000 TONS OF SULFUR DIOXIDE HAVE BEEN EMITTED INTO THE ATMOSPHERE IN EXCESS OF ALLOWABLE EMISSIONS. IN ADDITION, THE CITY HAS FAILED TO CERTIFY & OPERATE THE EMISSION MONI- TORING EQUIPMENT REQUIRED BY THE CD & THE NSPS. THE TERMS OF THE CD PROVIDE THAT THE COURT RETAINS JURISDICTION OVER THE PARTIES TO ENFORCE, MODIFY OR INTERPRET THE RIGHTS & OBLI- GATIONS CREATED BY THE DECREE. THE IL EPA HAS EXPERIENCED ON-GOING DIFFICULTY W/THE CITY OF SPRINGFIELD & ON 11/5/81, REQUESTED REGN 5 TO APPLY SUITABLE PRESSURE TO BRING ABOUT COMPLIANCE AT THE DALLMAN PLANT. IEPA DENIED AN OPERATING PERMIT FOR BOILER #3, BASED UPON EXCESSIVE UNRELIABILITY OF THE POLLUTION CONTROL EQUIPMENT. PROPOSED REMEDY: REGN 5 PROPOSED THAT EPA REQUEST THE DOJ TO FILE A MOTION TO SHOW CAUSE WHY THE CITY OF SPRINGFIELD SHOULD NOT BE HELD IN CONTEMPT OF COURT FOR ITS FAILURE TO PROPERLY MAINTAIN & OPERATE THE POLLUTION CONTROL EQUIPMENT ON BOILER #3 & ITS FAILURE TO INSTALL, CALIBRATE, MAINTAIN & OPERATE A GASEOUS EMISSION MONITORING SYSTEM. <<< ASSESSED PENALTY SPLIT BETWEEN UNITED STATES AND <<< <<< STATE OF ILLINOIS ENVIRONMENTAL PROTECTION TRUST <<< <<< FUND; $15,000 TO U.S., $5000 TO ILLINOIS. <<<

Defendants (1)

• SPRINGFIELD, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• CWLP DALLMAN POWER STATION

  3100 STEVENSON DRIVE, SPRINGFIELD, IL, 62707

  Registry ID: 110056956281

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• SPRINGFIELD, CITY OFentered 1984-06-26

  Primary law: CAA

  Federal penalty: $15,000

Timeline (8 milestones)

• 1982-07-01Referred To Headquarters
• 1982-09-08Referred To Dept Of Justice
• 1983-06-23Referred TO U.S. Attorney
• 1983-06-24Complaint Filed With Court
• 1984-04-13Final Order Lodged
• 1984-06-26Final Order Entered
• 1984-06-26Concluded
• 1984-06-26Enforcement Action Closed