EPA v. MIDWEST GENERATION LLC - CONSENT DECREE

Case summary

The U.S. Department of Justice, U.S. Environmental Protection Agency, the State of Illinois and Citizens Against Ruining the Environment have reached a settlement agreement with Midwest Generation LLC (MWG) for alleged violations of the Clean Air Act at six coal-fired electric generating power plants in Illinois. The agreement ends nine years of litigation among the parties by resolving the claims for injunctive relief and civil penalties for alleged Clean Air Act violations including violations of the particulate matter and opacity limits of the Illinois State Implementation Plan. Under the Consent Decree, MWG will pay a $1 million penalty to be split evenly between the federal government and the State of Illinois. At many of the units included in the settlement, the Consent Decree aligns MWG?s operations with existing state law. After completing upgrades of its pollution control devices at certain units, MWG will install additional emissions monitoring and be required to optimize the use of its emissions controls. The agreement will provide substantial environmental benefits to the neighboring communities and help protect public health and welfare while enabling continued economic growth within the energy sector.

Defendants (6)

• MIDWEST GENERATION LLC - JOLIETNamed in complaintNamed in settlement
• CRAWFORD ELECTRIC GENERATING STATIONNamed in complaintNamed in settlement
• FISK ELECTRIC GENERATING STATIONNamed in complaintNamed in settlement
• MIDWEST GENERATION LLC - PEKINNamed in complaintNamed in settlement
• WAUKEGAN ELECTRIC GENERATING STATIONNamed in complaintNamed in settlement
• WILL COUNTY ELECTRIC GENERATING STATIONNamed in complaintNamed in settlement

Facilities (6)

• MIDWEST GENERATION LLC

  13082 E MANITO RD, PEKIN, IL, 61554-9555

  Registry ID: 110000438027

• CRAWFORD ELECTRIC GENERATING STATION

  3501 S PULASKI RD, CHICAGO, IL, 606234987

  Registry ID: 110000434717

• WAUKEGAN ELECTRIC GENERATING STATION

  401 E GREENWOOD AVE, WAUKEGAN, IL, 60087-5197

  Registry ID: 110000430178

• MIDWEST GENERATION LLC

  1800 CHANNAHON RD, JOLIET, IL, 60436-8539

  Registry ID: 110000742929

• FISK ELECTRIC GENERATING STATION

  1111 W CERMAK RD, CHICAGO, IL, 60608-4584

  Registry ID: 110000433905

• WILL COUNTY GENERATING STATION

  529 E 135TH ST, ROMEOVILLE, IL, 60446-1538

  Registry ID: 110070724694

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CAA 165 — Prevention of Significant Deterioration (PSD)
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• MIDWEST GENERATION LLC - CONSENT DECREEentered 2018-05-10

  Primary law: CAA

  Federal penalty: $500,000

Timeline (5 milestones)

• 2013-05-22Referred To Dept Of Justice
• 2013-08-01Enforcement Action Data Entered
• 2018-03-09Final Order Lodged
• 2018-03-09Complaint Filed With Court
• 2018-05-10Final Order Entered