EPA v. COMMONWEALTH EDISON COMPANY

Case summary

BACKGROUND AND NATURE OF THE CASE COMMONWEALTH EDISON IS AN ILLINOIS CORPORATION WHICH OWNS AND OPERATES ELECTRIC GENERATING STATIONS. MOST OF COMMONWEALTH EDISON'S STATIONS ARE SUBJECT TO A JUDGMENT ORDER WHICH JUDGE LEIGHTON ENTERED ON JULY 2, 1982. THE JUDGMENT ORDER REQUIRED COMMONWEALTH EDISON TO CONTROL AIR EMISSIONS BY CONSTRUCTING AND OPERATING NEW CONTROL DEVICES AT SOME BOILER UNITS, AND OPERATING OTHER UNITS AT A DERATED BASIS WITH PERIODIC TESTING TO ENSURE THAT COMPLIANCE IS MAINTAINED WITH THE ILLINOIS PARTICULATE AND OPACITY STAND- ARDS. THE JUDGMENT ORDER IN PARAGRAPH 11, REQUIRED COMMON- WEALTH EDISON TO INSTALL A NEW ESP AT THE KINCAID STATION UNIT NO. 1, AND ACHIEVE AND DEMONSTRATE COMPLIANCE WITH ILLINOIS RULE 202 (OPACITY) AND RULE 203(G)(1)(MASS) UPON THE ENTERING OF THE JUDGMENT ORDER, AND INSTALL A NEW ESP AT KINCAID STATION UNIT NO. 2 AND ACHIEVE AND DEMONSTRATE COMPLIANCE WITH THE SAME REGULATIONS BY APRIL 1, 1982. IN ADDITION, PARAGRAPH 9 REQUIRED COMMONWEALTH EDISON TO OPERAT E WILL COUNTY STATION UNIT NO. 4 AT LESS THAN MAXIMUM LOAD AND TO RETEST EVERY SIX MONTHS IN ORDER TO DEMONSTRATE COMPLIANCE WITH RULE 202 AND RULE 203(G)(1). THE SIX-MONTH TESTING CYCLE BEGAN ON JULY 25, 1982. COMMONWEALTH EDISON H AS INSTALLED THE NEW ESP'S AT KINCAID STATION UNITS NO. 1 AND 2 AND HAS ACHIEVED AND DEMONSTRATED COMPLIANCE WITH RULE 203. COMMONWEALTH EDISON HAS PERFORMED STACK TESTS WHICH DEMONSTRATE COMPLIANCE WITH RULE 203 AT WILL COUNTY UNIT NO. 4, BOTH AT A DERATED BASIS AND SUBSEQUENTLY AT FULL OPERATING LOAD. DURING THE LAST QUARTER OF 1983, AND ON MAY 1, 1984, U.S. EPA SMOKEREADERS OVSERVED VISIBLE EMISSIONS FROM THE COMBINED STACK FOR KINCAID STATIONS UNITS NO. 1 AND 2 THAT EXCEEDED THE OPACITY LIMITATION IN RULE 202. DESPITE COM- MONWEALTH EDISON'S PARTICULATE CONTROL PROGRAM DETERIORATES BETWEEN MASS COMPLIANCE TESTS. THIS CONCLUSION IS SUPPORTED BY CONTINUOUS OPACITY MONITOR DATA AND VISIBLE EMISSION DATA TAKEN DURING THE TIME OF MASS COMPLIANCE TESTS. COMMONWEALTH EDISON HAS SUPPLIED CONTINUOUS OPACITY MON ITOR INFORMATION FOR WILL COUNTY UNIT NO. 4. THIS DATA HAS SHOWN THAT ON MANY OCCASIONS BETWEEN THE FOURTH QUARTER OF 1 982 AND THE FIRST QUARTER OF 1984 THERE HAVE BEEN MANY EXCEEDANCES OF THE OPACITY LIMITATION IN RULY 202. DESPITE COMMONWEALTH EDISON'S ABILITY TO DEMONSTRATE COMPLIANCE WITH THE MASS PARTICULATE STANDARD, COMMONWEALTH EDISON HAS NOT BEEN ABLE TO MAINTAIN THIS LEVEL OF COMPLIANCE DURING PERIOD S BETWEEN MASS COMPLIANCE DEMONSTRATIONS. STACK TESTING RESULTS SUBMITTED BY COMMONWEALTH EDISON ON WILL COUNTY UNIT NO. 4 SHOW THAT COMMONWEALTH EDISON HAS COMPLIED WITH MASS AND OPACITY REQUIREMENTS. HOWEVER, THE CONTINUOUS OPACITY MONITORING EXCEEDANCE REPORTS, SUBMITTED BY COMMONWEALTH EDISON SHOW VIOLATIONS OF THE OPACITY LIMITATION FOR EX- TENDED PERIODS OF TIME DURING PERIODS BETWEEN THE MASS COM- PLIANCE DEMONSTRATIONS. CAUSE OF ACTION THE CAUSE OF ACTION IS COMMONWEALTH EDISON'S FAILURE TO COMPLY WITH THE JUDGMENT ORDER. PARAGRAPH 19 OF THE JUDG- MENT ORDER PROVIDES THAT AFTER COMPLIANCE IS DEMONSTRATED, COMMONWEALTH EDISON SHALL MAINTAIN COMPLIANCE WITH RULE 202 OF THE ILLINOIS SIP. U.S. EPA HAS THE AUTHORITY TO BRING TH IS CONTEMPT ACTION AGAINST COMMONWEALTH EDISON UNDER THIS PROVISION OF THE JUDGMENT ORDER. PARAGRAPH 34 OF THE JUDGME NT ORDER PROVIDES THAT, UNTIL TERMINATION OF THE ORDER, THE COURT RETAINS JURISDICTION FOR THE PURPOSE OF ENABLING ANY PARTY TO APPLY TO THE COURT FOR ENFORCEMENT OF ORDER TERMS. PURSUANT TO PARAGRAPH 33, THE ORDER DOES NOT TERMINATE UNTIL JULY 2, 1985.

Defendants (1)

• EDISON COMPANY, COMMONWEALTHNamed in complaint

Facilities (4)

• MIDWEST GENERATION LLC

  1800 CHANNAHON ROAD, JOLIET, IL, 60436

  Registry ID: 110000742929

• KINCAID GENERATION LLC

  WEST ROUTE 104, KINCAID, IL, 62540

  Registry ID: 110000602125

• MIDWEST GENERATION LLC

  401 EAST GREENWOOD AVENUE, WAUKEGAN, IL, 600875197

  Registry ID: 110000430178

• WILL COUNTY GENERATING STATION

  529 E. ROMEO RD., ROMEOVILLE, IL, 604411538

  Registry ID: 110070724694

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Timeline (4 milestones)

• 1984-06-08Referred To Dept Of Justice
• 1985-06-29Referred TO U.S. Attorney
• 1985-07-09Complaint Filed With Court
• 1985-07-09Concluded