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 (ÂFacilityÂ), including: (1) the opacity limits set forth in the ActÂs 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 (ÂIllinois EPAÂ) 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.