EPA v. MIDWEST GRAIN PRODUCTS OF ILLINOIS

Case summary

The Complaint alleges that emissions from MGP���s facility were underestimated at the time of a modification to the facility in the 1990s. When originally permitted, the MGP facility was permitted as a ���major��� source. However when the modifications were permitted, they were permitted as a minor permit based on incorrect emission assumptions. Recent testing in the ethanol industry demonstrated that emissions of VOCs and CO far exceed the threshold for significance under the PSD regulations and are ���major��� sources classified as ���chemical manufacturing��� plants under Section 169(1) of the Act, 42 U.S.C. �� 7479(1). Because the emissions were underestimated, MGP should have installed air pollution control technology when the facility was constructed. In addition, MGP has not complied with NSPS requirements applicable to VOC leak detection and VOC-emitting equipment in light liquid service. IEPA is our partner in this case.

Defendants (1)

• MIDWEST GRAIN PRODUCTS OF ILLINOISNamed in complaintNamed in settlement

Facilities (4)

• ALTO ICP LLC

  1301 S FRONT ST, PEKIN, IL, 61554-4065

  Registry ID: 110000561945

• ALTO ICP LLC

  1301 S FRONT ST, PEKIN, IL, 61554-4065

  Registry ID: 110000561945

• ALTO ICP LLC

  1301 S FRONT ST, PEKIN, IL, 61554-4065

  Registry ID: 110000561945

• ALTO ICP LLC

  1301 S FRONT ST, PEKIN, IL, 61554-4065

  Registry ID: 110000561945

Statutes cited

• CAA 111 — New Source Performance Standards
• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• MIDWEST GRAIN PRODUCTS OF ILLINOISentered 2006-04-19

  Primary law: CAA

  Federal penalty: $85,900 · State/local: $85,900

Timeline (5 milestones)

• 2003-09-22Referred To Dept Of Justice
• 2003-10-09Enforcement Action Data Entered
• 2005-12-21Complaint Filed With Court
• 2005-12-21Final Order Lodged
• 2006-04-19Final Order Entered