EPA v. GENEVA ENERGY LLC.

Case summary

In early December 2012, Region 5 and the U.S. Department of Justice plan to enter a Consent Decree in the U.S. District Court for the Northern District of Illinois resolving claims against Geneva Energy, LLC (Geneva) and North American Energy Service Corporation (NAES). The Complaint, which was filed simultaneously, alleges that Geneva violated various provisions of the Clean Air Act at its Ford Heights Facility (“Facility”), including: (1) the opacity limits set forth in the Act’s New Source Performance Standards for Industrial Steam Generating Units, 40 C.F.R. Part 60, Subpart Db, and the Illinois State Implementation Plan, and (2) numerous provisions of the construction permits that the Illinois Environmental Protection Agency (“Illinois EPA”) issued to Geneva. The Consent Decree requires Geneva to shut down and cease to operate the facility as an electric generation plant, withdraw all permits and permit applications submitted to the Illinois EPA, and surrender all sulfur dioxide allowances currently in its possession by January 1, 2013. Region 5 estimates that by requiring Geneva to withdraw its Construction Permit, the Consent Decree will result in a reduction of approximately 200 actual tons of pollution each year based on the annual average emissions from the Facility. In addition, the Consent Decree requires NAES to pay a civil penalty of $185,000. Based on an analysis of financial information submitted by Geneva, Geneva is unable to pay a civil penalty.

Defendants (1)

• GENEVA ENERGY LLC.Named in complaintNamed in settlement

Facilities (1)

• GENEVA ENERGY LLC

  1705 COTTAGE GROVE AVE, FORD HEIGHTS, IL, 60411

  Registry ID: 110001365086

Statutes cited

• CAA 111 — New Source Performance Standards
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• GENEVA ENERGY LLC.entered 2013-04-17

  Primary law: CAA

  Federal penalty: $185,000

Timeline (6 milestones)

• 2010-09-29Referred To Dept Of Justice
• 2010-10-08Enforcement Action Data Entered
• 2013-02-25Complaint Filed With Court
• 2013-02-25Final Order Lodged
• 2013-04-17Final Order Entered
• 2013-06-27Enforcement Action Closed