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Geneva Energy and EPA settle on clean air violations

The U.S. Environmental Protection Agency has reached agreement with Geneva Energy, LLC on the terms of a consent decree to resolve allegations that the company violated the Clean Air Act at a tire-burning electric generating plant in Ford Heights, Illinois. Geneva has agreed to close the facility, which operated intermittently from 2006 until the fall of 2011.

A federal lawsuit was filed at the same time as the settlement and alleges violations included in an August 2010 EPA Notice and Finding of Violation issued to the facility. The NOV/FOV alleged violations of the facility’s construction permit, including monitoring and reporting requirements and emission limits established for carbon monoxide, nitrogen oxide, sulfur dioxide, ammonia, particulate matter, and opacity.

As part of the decree, Geneva will withdraw all permits and permit applications submitted to Illinois EPA and surrender all sulfur dioxide allowances. Based on financial information, the government concluded that Geneva is insolvent and unable to pay a civil penalty.

The consent decree also resolves Clean Air Act violations by NAES Corporation, an operations consultant at the facility during a 14 month period in 2008-2009. NAES will pay a $185,000 civil penalty.