State Appellate Court Allows Construction of "Megadairy"

The Appellate Court of Illinois, Second District, recently issued an opinion in Helping Others Maintain Environmental Standards v. Bos, Case Nos. 2-09-1283 & 2-10-0162, which concerned the construction of a livestock management facility in Nora Township, Jo Daviess County, Illinois.  The "Tradition South" dairy would have 6,850 "animal units" in the form of dairy cows and calves and would use three livestock waste holding ponds, one with dimensions of 300 by 855 by 20 feet; the second 760 by 850 by 20 feet; and the third 400 by 400 by 20 feet.  Bos sought the Department of Agriculture's approval of the dairy pursuant to the Livestock Management Facilities Act.  The Department ruled that "it was more likely than not" that the Livestock Act's provisions had been met regarding the Tradition South facility, and it approved its construction.

Plaintiffs filed an action in State court, challenging the Department's ruling and seeking preliminary and permanent injunctions halting construction of the facility under theories of private nuisance, public nuisance, and trespass.  Although the trial court issued a preliminary injunction that initially halted construction, the court ruled, after a trial on the merits, that a permanent injunction should not be issued.  The court also ruled that Plaintiffs did not have standing to challenge the Department's ruling.

On appeal, the Appellate Court affirmed the ruling that Plaintiffs did not have standing to challenge the Department's ruling.  The Court found that the "right to review administrative decisions is limited to those who were both parties of record to the agency proceeding and aggrieved by the agency's decision."  Because Plaintiffs were not parties of record (although they did participate in a public informational meeting), Plaintiffs did not have standing to challenge the administrative decision of the Department.  The Court held that the Livestock Act allowed Plaintiffs to pursue claims against the owner of the facility but not against the Department.

The Appellate Court held that the Trial Court "acted within its discretion" in refusing to dissolve the preliminary injunction (and thus Bos was not entitled to damages as the result of an improperly entered preliminary injunction).  However, the Appellate Court affirmed the ruling that a permanent injunction should not have issued, accepting the Trial Court's evaluation of the parties' experts:

"In the end, the trial court was faced with testimony from credentialed, experienced experts who arrived at opposite conclusions as to whether there was evidence of karstified carbonate bedrock on the proposed dairy site.  As stated, it is the trier of fact's role to resolve conflicts in the evidence, assess witnesses' credibility, and determine the weight to be given to their testimony.  The record supports the trial court's finding that Bos's expert witnesses, unlike plaintiffs' expert witnesses, conducted more site-specific analysis in arriving at their conclusions that there was no evidence of karstified carbonate bedrock below the containment ponds.  Accordingly, we cannot say that the trial court's decision, that plaintiffs failed to show that there was a high probability of groundwater contamination and were not entitled to a permanent injunction on that basis, is against the manifest weight of the evidence."

At the end of the day, it appears that Plaintiffs, a citizens' group and individuals organized to oppose the facility's construction, could not muster (or pay for) sufficient expert testimony to defeat the owner's expert.  They also had no recourse against the administrative agency, which had authority to give the green light to the owner to build the facility.  This is a typical example of an environmental citizen lawsuit in action.  Usually, environmental statutes allow the agency to make a decision with citizen input, and then presume that the agency decision is correct, with limited ability by the citizens to challenge the decision after the fact.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Landfill Owner Settles State Enforcement Action Alleging "Emissions of Offensive and Malodorous Landfill Gas"

The Illinois Pollution Control Board recently accepted the parties stipulation and proposed settlement in People v. Clinton Landfill, Inc., Case No. PCB 11-11, which concerned the defendant's sanitary landfill located near the City of Clinton in DeWitt County, Illinois. 

The State alleged in Count I of the Complaint that the defendant violated the Illinois Environmental Protection Act by by causing or allowing the emissions of offensive and malodorous landfill gas from the landfill so as to unreasonably interfere with the use and enjoyment of the neighbors’ property, causing air pollution and an odor nuisance.  Count I also alleged violations by operating the landfill's gas management system in a manner resulting in malodors being detected beyond the property boundary.  Count II also alleged violations by failing to provide an adequate amount of clean soil material on all exposed waste by the end of each day of operation.

Under the terms of the settlement, the defendant does not affirmatively admit the alleged violations but agrees to pay a civil penalty of $10,000 and to perform a supplemental environmental project with a settlement value of $30,000, consisting of providing landfill disposal services to the State.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

IEPA Report Shows "Downward Trends or Stable Trends Well Below The Level Of The Standards" for Air Pollutants

The Illinois Environmental Protection Agency recently issued its 2009 Annual Air Quality Report, which presents data for the six criteria pollutants (those for which air quality standards have been developed - particulate matter (PM10 and PM2.5), ozone, sulfur dioxide, nitrogen dioxide, carbon monoxide, and lead) along with some heavy metals, nitrates, sulfates, volatile organic and toxic compounds.  Monitoring was conducted at over 80 different site locations collecting data from more than 200 instruments.

The report shows "downward trends or stable trends well below the level of the standards" set for the criteria pollutants: "Percentage changes over the ten year period 2000 – 2009 are as follows: Particulate Matter (PM10) 26 percent decrease, Particulate Matter (PM2.5) 21 percent decrease, Sulfur Dioxide 40 percent decrease, Nitrogen Dioxide 21 percent decrease, Carbon Monoxide 40 percent decrease, Lead 36 percent decrease, and Ozone 13 percent decrease."  The report also shows a general trend toward decreasing emissions for stationary point sources.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

US EPA's Updated Toxic Release Inventory Shows Decrease in Toxic Releases in Midwestern States

The U.S. Environmental Protection Agency recently published an updated Toxics Release Inventory, which quantifies the amount of pollutants released across the country.  In the most recent update, EPA reported that in 2009, "more than 511 million pounds of toxic chemicals were released into the environment in the six states located in Region 5[, which are Illinois, Indiana, Michigan, Minnesota, Ohio and Wisconsin].  Compared to 2008 data, regional releases to the air were down 20 percent, on-site releases to surface water were down 24 percent and on-site releases to land were down 33 percent.  More than 5,000 facilities in Region 5 report their chemical releases by July 1 of each year."

EPA also released an Illinois-specific fact sheet as well as specific data for Chicago.  Regarding Chicago, EPA reported:

"Total on-site disposal or other releases for the Chicago metropolitan area decreased by 25% from 2001 to 2009 with a 12% decrease from 2008 to 2009.  Air releases decreased 29% from 2001 to 2009 and 14% from 2008 to 2009.  Surface water discharges decreased by 50% from 2001 to 2009 and 17% from 2008 to 2009.  The primary metals total disposal or other releases decreased by 20% from 2001 to 2009, including a 49% decrease in surface water discharges and a 31% decrease in air releases."

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Illinois Pollution Control Board Dismisses Case Against Cement Mixing Facility As Frivolous

The Illinois Pollution Control Board recently issued an opinion dismissing as frivolous the case of Gregory v. Regional Ready Mix, LLC, Case No. PCB 10-106, which concerned alleged air and noise emissions from Defendant's cement mixing facility located at 415 River Road, Rochelle, Ogle County, Illinois.

Plaintiff attempted to allege that cement dust and noise from Defendant's facility affected Plaintiff's property and health.  However, the Pollution Control Board found that Plaintiff's complaint was frivolous because it failed to state a cause of action upon which the Board can grant relief:

"The Board once again points out that, for a claim to exist under Section 24 of the Act, Gregory must indicate specific violations of the Board’s regulations or standards, located under Title 35 of the Illinois Administrative Code.  Gregory indicates in her complaint that Regional is causing air (35 ILCS Subtitle B) and noise (35 ILCS Subtitle H) pollution but does not indicate which provisions under these subtitles are being violated.  As noted in the Board’s previous order, a complaint 'shall specify the provision of the Act or the rule or regulation . . . under which such person is said to be in violation . . ..' 415 ILCS 5/31(c) (2008); see also 35 Ill. Adm. Code § 103.204(c)(1).  It is not enough that Gregory cited to entire subtitles under the Act.  Rather, Gregory must indicated specific provisions under these subtitles that have been violated. Gregory has not done so and Regional should not be expected to prepare a defense of these subtitles in their entirety.  Gregory’s only other citation is to Section 23 of the Act (415 ILCS 5/23) which is a legislative declaration and is not properly the subject of an enforcement action (415 ILCS 5/39.2 (2008)).

"The Board again notes that Gregory claims Regional has violated Section 25b-2 of the Act (415 ILCS 5/25b-2 (2008)) but again does not allege any facts related to the alleged violation of this provision.  The Board finds this claim frivolous and not meeting the content requirements of the Board’s procedural rules."

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Illinois Pollution Control Board Reminds Practitioners of Time Limits for Motions to Dismiss

The Illinois Pollution Control Board recently ordered stricken a motion to dismiss in United City of Yorkville v. Hamman Farms, Case No. PCB 08-96, which is a citizen's enforcement action concerning the defendant's farmland in Kendall County, Illinois.  The plaintiff's complaint alleged open dumping violations, landscape waste violations, air pollution violations, and water pollution violations.

The defendant filed a motion to dismiss certain counts of the amended complaint, and the plaintiff moved to strike the motion to dismiss on the basis that the motion to dismiss was untimely.  The Board agreed that the motion should be stricken because the motion to dismiss failed to comply with the 30-day deadline of the Board's procedural rules for filing motions to dismiss.  Under the Board's procedural rules, a motion to dismiss must be filed within 30 days after service unless material prejudice would result; in contrast, any answer to a complaint is not due until 60 days after service.

This opinion should be a reminder to all practitioners to check the procedural rules of the Illinois Pollution Control Board, as they are different from the typical rules of state and federal courts.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Printing Business Settles State Enforcement Action Alleging Air Emission Violations

The Illinois Pollution Control Board recently accepted the parties' stipulation and proposed settlement in People v. Avante, LLC, Case No. PCB 10-77, which concerned the defendant's lithographic printing business formerly located at 865 North Ellsworth Avenue in Villa Park, DuPage County, Illinois and subsequently located at 1228 West Capital Drive in Addison, DuPage County, Illinois.

The State alleged that the defendant violated the Illinois Environmental Protection Act by constructing and operating printing presses, which were emissions sources, without first obtaining the requisite permits from the Illinois Environmental Protection Agency ("IEPA"); by failing to submit the required certification to the IEPA, keep required records, and pay construction permit fees; by failing to submit Annual Emissions Reports (AERs) for 1992 through 2005 and for 2008 and to timely submit an AER for 2006; and by operating emissions sources without submitting an operating program to control fugitive particulate matter emissions.

Under the settlement, the defendant does not affirmatively admit the alleged violations, but it agrees to pay a civil penalty of $10,000, $800 of which represents avoided permit fees.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Federal Clean Air Act Enforcement Action Results in Settlement

The U.S. Environmental Protection Agency recently announced that it settled an enforcement action against a Chicago company relating to alleged Clean Air Act violations:

"U.S. Environmental Protection Agency Region 5 has reached an agreement with Lakeside Lithography, 1600 S. Laflin St., Chicago on alleged Clean Air Act violations.

"The agreement, which includes a $4,123 penalty, requires Lakeside to install new equipment to reduce air pollution from the facility and keep its garage door closed when its coating line is operating to prevent emissions from affecting the surrounding area.

"In addition, the company has agreed to carry out two supplemental environmental projects designed to protect the environment and public health. Lakeside Lithography must spend $15,000 on a lead poisoning prevention and care abatement project in and around its facility in the Pilsen neighborhood. It will contract with and pay a local nonprofit organization experienced in lead abatement to conduct the work. It must also spend $40,000 to reduce greenhouse gas emissions in the neighborhood by adding controls to its natural gas burners. This change would reduce carbon dioxide emissions in this environmental justice community by 670,360 pounds per year."

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

U.S. EPA Disapproves of NOX Revision to Illinois' State Implementation Plan

The U.S. Environmental Protection Agency recently published a rule in the Federal Register disapproving a revision of Illinois' State Implementation Plan (SIP) that governs the State's efforts to comply with the federal Clean Air Act.

The proposed revision provided for the determination and crediting of Nitrogen Oxides (NOX) emission reductions resulting from the voluntary application of NOX emission controls as NOX emission allowances that could be sold in a national NOX emission allowance trading system.

The U.S. EPA had the following general concerns regarding the proposed rule: (1) The rule would unacceptably grant NOX emission allowances for source closures; (2) the rule does not prevent crediting of facility-specific NOX emission reductions resulting from shifting of production and NOX emissions from one facility to another; (3) the rule establishes an emission baseline year (from which NOX emission allowances are earned through subsequent NOX emission reductions), 1995, that is too far in the past, prior to the State’s adoption of the rule and prior to the baseline year used for other sources involved in EPA’s NOX Budget Trading Program; (4) the rule unacceptably allows the use of 40 CFR part 60 emission monitoring requirements rather than 40 CFR part 75 monitoring requirements required of other sources involved in the NOX Budget Trading Program; and, (5) the rule contains other minor deficiencies.  Together, these problems led U.S. EPA to disapprove of the rule as a revision to the Illinois SIP.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Seventh Circuit Rules That Clean Air Act's Citizen-Suit Provision Cannot Be Used To Enforce Illinois' "Prohibition Of Air Pollution" Or "Fugitive Particulate Matter" Regulations

The U.S. Court of Appeals for the Seventh Circuit ruled, in McEvoy v. IEI Barge Services, Inc., No. 09-3494, that the federal Clean Air Act's citizen-suit provision cannot be used to enforce Illinois' "Prohibition of Air Pollution" and "Fugitive Particulate Matter" regulations.

In this case, the defendant stored coal in outdoor piles and then loaded the coal onto river barges.  As the defendant moved the coal around, coal dust was thrown into the air.  One of the company's neighbors objected to the coal dust because it was drifting into his home.  The plaintiff sued under the Clean Air Act's citizen-suit provision, which provides private citizens the right to bring civil actions in federal courts against, among others, violators of emission standards or limitations.  Plaintiff sued under the theory that the defendant violated two Illinois regulations.  The first is entitled “Prohibition of Air Pollution,” which provides:

"No person shall cause or threaten or allow the discharge or emission of any contaminant into the environment in any State so as, either alone or in combination with contaminants from other sources, to cause or tend to cause air pollution in Illinois, or so as to violate the provisions of this Chapter, or so as to prevent the attainment or maintenance of any applicable ambient air quality standard."

The second is the “Fugitive Particulate Matter” regulation, which states:

"No person shall cause or allow the emission of fugitive particulate matter from any process, including any
material handling or storage activity, that is visible by an observer looking generally toward the zenith at a point beyond the property line of the source."

The trial court granted summary judgment to the defendant, concluding that the Clean Air Act did not provide a private right of action to enforce the two Illinois regulations.  The Seventh Circuit affirmed and held that neither of the Illinois regulations was an "emission standard or limitation" that could be enforced through the Clean Air Act's citizen-suit provision.  The Court reasoned that the regulations did not limit the quantity, rate, or concentration of emissions.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Deferring to Illinois EPA, Environmental Appeals Board Rules That PSD Permits Are Not Required to Regulate Greenhouse Gas Emissions

U.S. EPA's Environmental Appeals Board recently issued an interesting decision concerning greenhouse gas requirements of air permits in the case of In re: Power Holdings of Illinois, LLC, PSD Appeal No. 09-04.  This case involves a petition for review filed by the Sierra Club challenging certain conditions of a prevention of significant deterioration (“PSD”) permit issued by the Illinois Environmental Protection Agency, under delegated federal authority, to Power Holdings of Illinois, LLC for construction of a synthetic natural gas (“SNG”) manufacturing plant in Jefferson County, Illinois.

The Sierra Club raised three issues on which it sought review.  The first two issues were: (1) the permit fails to include a flare minimization plan as part of the final permit and allows Power Holdings to develop such a plan without full public participation; (2) the permit allows SNG or natural gas to be used to fire “superheaters” at the plant without addressing emissions associated with the manufacture of SNG.  The Appeals Board rejected the Sierra Club's challenge on these two issues.  The Board first held that the flare minimization plan supplements other permit requirements and properly requires Power Holdings to develop methods to reduce emissions from flaring events based on actual operating experience.  The Board then held that Sierra Club failed to demonstrate the presence of collateral environmental impacts that would justify eliminating SNG as a fuel for the superheaters.

The third issue raised by Sierra Club was that the permit failed to regulate greenhouse gases (carbon dioxide and methane), and thus violated a State emissions limitation at Ill. Admin. Code tit. 35 § 201.141 incorporated into Illinois’ approved state implementation plan (“SIP”).  Section 201.141 provides, in part, as follows:

"No person shall cause or threaten or allow the discharge or emission of any contaminant into the environment in any State so as, either alone or in combination with contaminants from other sources, to cause or tend to cause air pollution in Illinois . . . ."

According to Sierra Club, greenhouse gases constitute "contaminants" causing or contributing to "air pollution" under Section 201.141.  However, the Illinois EPA disagreed and made clear to the Board that it does not interpret Section 201.141 as requiring regulation of greenhouse gas emissions.  The Board deferred to Illinois EPA's interpretation and rejected Sierra Club's argument:

"Because the State of Illinois has interpreted the disputed provision of its state SIP as inapplicable to greenhouse gases, and because this interpretation does not strike the Board as so unreasonable as to not be entitled to the substantial deference afforded state interpretations of their own laws, the Board declines to substitute its judgment for that of the IEPA in this instance.  Review is therefore denied on this issue."

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Hillside Landfill Owners and Operators to Pay Over $1 Million Penalty and Complete Compliance Plan

On August 18, 2010, the Illinois Attorney General's office announced the entry of a consent decree between the State of Illinois and the owners and operators of the Hillside landfill, a former solid waste landfill located at 4100 W. Frontage Rd., Hillside, Illinois.  Residents (and those driving past the landfill) have endured periods of sometimes nauseating odors since at least January 2004.

Under the terms of the consent decree, the defendants must pay a civil penalty of $1 million to address past conduct.  The defendants must also pay $100,000 to Illinois EPA for costs incurred up to the entry of the agreement and up to $25,000 for future costs associated with Illinois EPA implementing a Community Relations Plan.  Additionally, the defendants will reimburse the Attorney General’s office $100,000 for its costs of investigating and litigating the case.

The consent decree also confirms that the actions required of the defendants in prior agreed preliminary injunctions entered in April 2006 and January 2007 have been completed.  Those actions included: addressing the alleged hazards created by the uncontrolled release of landfill gas and evaluating and controlling all of the causes of odors at the site which, in conjunction with the installation of a 55-acre cover system, achieved a significant reduction in both reported odor complaints and surface emissions within the past year.

Within 45 days, the defendants are required to submit to the Attorney General's office and Illinois EPA a Landfill Compliance Plan that will include, among other things, a number of work plans that address: landfill settlement and the effect it may have on the facility’s cover; landfill gas collection and control systems and air quality; monitoring and corrective actions; leachate (contaminated waste water) monitoring and removal; surface water management; and groundwater monitoring and corrective actions.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Aluminum Products Manufacturer Fined $716,440 for Air Pollution Violations

The Illinois Pollution Control Board recently issued an opinion in People v. Toyal, Inc., Case No. PCB 00-211, which concerned the defendant's operation of an aluminum products manufacturing facility located at 17401 South Broadway, Lockport, Will County, Illinois.  The State's complaint related to the defendant's alleged failure to control emissions of volatile organic materials ("VOM") in violation of the Illinois Environmental Protection Act and environmental regulations.  Count I of the complaint alleged that the defendant failed, as required, to achieve VOM reductions of at least 81% no later than March 15, 1995.  Count II alleges that, by failing to control sources accordingly to industry standards, Toyal caused, allowed, or threatened air pollution.

There was no dispute that the defendant was out of compliance with VOM control standards from March 15, 1995 to April 30, 2003.  There was also no dispute that the defendant has been in compliance since April 30, 2003.  The dispute between the parties was over the appropriate penalty.  The Board found that a penalty was appropriate based on several factors:

"In summary, the Board finds that the analysis of the Section 33 (c) factors warrants imposition of a remedy, including a penalty, for Toyal’s eight year period of non-compliance.  The character and degree of injury to the People’s health, safety, and welfare was great, and of long duration.  While Toyal certainly has social and economic value as a business and employer, that is undercut during the period of its emission of excess VOM emissions in a non-attainment area.  Likewise, the suitability of its location is slightly undercut during the period of non-compliance.  It was technically feasible and economically reasonable for Toyal to achieve compliance.  To the extent Toyal may have had unusual difficulties, it was free to seek regulatory relief but did not avail itself of the opportunity to do so.  The fact that Toyal has continued to be in compliance since 2003, following its eight year non-compliance period, definitely weighs in Toyal’s favor."

The Board imposed a $400,000 penalty plus $316,440 to recapture the economic benefit that the defendant received from noncompliance.  Thus, the total penalty was $716,440.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Illinois EPA Announces Agreement with U.S. Steel to Install Air Pollution Control Equipment

According to an Illinois Environmental Protection Agency press release, the Illinois EPA recently entered into a memorandum of agreement with U.S. Steel, the only integrated steel manufacturing facility in Illinois, to take steps to reduce air pollution emissions.  U.S. Steel is located in Granite City, IL.

Specifically, "the agreement means that U. S. Steel will significantly boost their capture and control of air emissions at the plant by:

• Installing particulate matter emissions capture and control equipment to reduce particulate matter emissions;

• Meeting tighter particulate matter emission limits on operations throughout the steelmaking process;

• Performing enhanced monitoring for particulate matter emissions, including the installation, operation and maintenance of monitoring devices; and

• Performing other emissions reduction projects, including the installation of equipment designed to increase capture of emissions and the evaluation of adding additional emissions capture and control equipment."

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

EPA Finds That Illinois Failed to Submit Plan Under Clean Air Act

The U.S. Environmental Protection Agency recently published a final rule in the Federal Register finding that the State of Illinois failed to submit a State Implementation Plan ("SIP") to satisfy the attainment and maintenance interstate transport requirements of the Clean Air Act with respect to the 2006 24-hour National Ambient Air Quality Standards ("NAAQS") for fine particulate matter (24-hour PM2.5).

Under the Clean Air Act, states are required to submit SIPs that satisfy the requirements of the Clean Air Act related to interstate transport of pollution.  A state must address its significant contribution to  nonattainment and its interference with maintenance of a NAAQS in any neighboring state.  The Clean Air Act requires that states submit SIPs to meet the applicable requirements of the CAA within 3 years after the promulgation of a new or revised NAAQS, or within such shorter period as EPA may provide. 

On September 21, 2006, EPA promulgated a final rule establishing new standards for the 24-hour PM2.5 NAAQS.  At present, 29 states (including Illinois) or territories have not yet submitted complete SIPs to satisfy the nonattainment and maintenance transport requirements.

In its final rule, EPA made a finding of failure to submit these SIPs which creates a 2-year deadline for the promulgation of a Federal Implementation Plan by EPA unless, prior to that deadline, a state makes a submission to meet these two requirements of the Clean Air Act and EPA approves such submission.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Zinc Refinery Settles Federal Enforcement Action Alleging Clean Air Act Violations

On April 15th, the federal government announced the settlement of an enforcement action in United States v. Big River Zinc Corp., No. 10-cv-276 (U.S. District Court for the Southern District of Illinois), which concerned a zinc smelter plant located at 2401 Mississippi Avenue, Sauget, Illinois. 

The federal government's allegations concerned the defendant's Roasters, which are furnaces in which a zinc sulfide ore concentrate charge is heated in the presence of air to eliminate a significant portion (more than 10%) of the sulfur contained in the charge.  The government alleged that the defendant violated the Clean Air Act and applicable regulations by (1) failing to comply with the sulfur dioxide emission limit for Roasters, (2) failing to provide notification of its plans to reconstruct its Roasters, (3) failing to provide written notification of the date of construction of the new Roasters, (4) failing to provide written notification of the date of initial startup of the new Roasters, and (5) failing to conduct performance tests of the new roasters and providing a report of the test results to EPA.

Under the terms of the settlement, the defendant does not admit liability concerning these alleged violations; however, the defendant has agreed to pay $250,000 as a civil penalty to settle the case.  Although the defendant ceased its zinc roasting operations in 2006, the settlement agreement requires the defendant to take certain actions prior to resuming operations.  Specifically, the defendant must install and make operational a Scrubber System on its acid plant and and make operational a Continuous Emissions Monitoring System for Stack Gas Sulfur Dioxide.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

EPA Reports that U.S. Greenhouse Gas Emissions Rose 14% from 1990 to 2008

U.S. EPA has released its global warming document entitled "Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990 – 2008."  In this document, EPA reported on domestic greenhouse gas emissions:

"In 2008, total U.S. greenhouse gas emissions were 6,946.1 Tg CO2 Eq. Overall, total U.S. emissions have risen by 14 percent from 1990 to 2008.  Emissions declined from 2007 to 2008, decreasing by 2.9 percent (206.1 Tg CO2 Eq.).  This decrease is primarily a result of a decrease in demand for transportation fuels associated with the record high costs of these fuels that occurred in 2008.  Additionally, electricity demand declined in 2008 in part due to a significant increase in the cost of fuels used to generate electricity.  In 2008, temperatures were cooler in the United States than in 2007, both in the summer and the winter.  This lead to an increase in heating related energy demand in the winter, however, much of this increase was offset by a decrease in cooling related electricity demand in the summer."

According to EPA, the "primary greenhouse gas emitted by human activities in the United States was CO2, representing approximately 85.0 percent of total greenhouse gas emissions.  The largest source of CO2, and of overall greenhouse gas emissions, was fossil fuel combustion."

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

U.S. EPA Finalizes New Air Standards for Nitrogen Dioxide

On February 9th, the U.S. Environmental Protection Agency published in the Federal Register a final rule setting new primary national ambient air quality standards for nitrogen dioxide.  Specifically, EPA is establishing a new 1-hour standard at a level of 100 ppb to supplement the existing annual standard.  EPA is also establishing requirements for a nitrogen dioxide monitoring network that will include monitors at locations where maximum nitrogen dioxide concentrations are expected to occur, including within 50 meters of major roadways, as well as monitors sited to measure the area-wide nitrogen concentrations that occur more broadly across communities.

According to U.S. EPA, studies have shown that short-term nitrogen dioxide exposure can result in negative respiratory impacts in humans.  And, according to the Chicago Tribune, Chicago is the only U.S. metro area that would fail to meet the new nitrogen dioxide standard.

This final rule becomes effective on April 12, 2010.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

US DOJ Settles Clean Air Act Suit: $5 Million Penalty

In the February 5th Federal Register, the U.S. Department of Justice provided notice of the settlement of its lawsuit against Lafarge North America, Inc., Lafarge Midwest, Inc., and Lafarge Building Materials, Inc.

The lawsuit concerned Clean Air Act violations at Lafarge cement plants located in Alpena, Michigan; Ravena, New York; Tulsa, Oklahoma; Fredonia, Kansas; Sugar Creek, Missouri; Buffalo, Iowa; Paulding, Ohio; Gand Chain, Illinois; Seattle, Washington; Whitehall, Pennsylvania; Harleyville, South Carolina; Atlanta, Georgia; and Calera, Alabama.

Under the proposed settlement, the Lafarge Companies will be required to implement pollution control technologies to reduce emissions of nitrogen oxides and sulfur dioxide at designated cement kilns and to meet emission limits which are either set forth in the Consent Decree or will be set later by following procedures specified in the Decree.  In addition, the Lafarge Companies must pay a total civil penalty of $5,075,000.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

UPDATE: The Consent Decree in this case was entered by the Court on March 18, 2010.

President Obama Requests $10 Billion for EPA for 2011

Today, the Obama administration issued its 2011 budget proposal, which included $10.020 billion in discretionary budget authority for the U.S. Environmental Protection Agency.  Highlights of EPA's budget include:

--$1.3 billion "to address Superfund sites that may be releasing harmful or toxic substances into the surrounding community."

--$215 million "to clean up abandoned or underused industrial and commercial sites that are available for alternative uses but where redevelopment may be complicated by the presence of environmental contaminants."

--$27 million for EPA’s new Healthy Communities Initiative, which "will address community water priorities; promote clean, green, and healthy schools; improve air toxics monitoring in at-risk communities; and encourage sustainability by helping to ensure that policies and spending at the national level do not adversely affect the environment and public health or disproportionally harm disadvantaged communities."

--$60 million "to support state efforts to implement updated National Ambient Air Quality Standards (NAAQS)."

--$1.3 billion for state and tribal grants to help "implement new and expanded requirements under the Clean Air Act and Clean Water Act."

--"$43 million for additional efforts to address climate change and work toward a clean energy future.  EPA will implement the greenhouse gas reporting rule; provide technical assistance to ensure that any permitting under the Clean Air Act will be manageable; perform regulatory work for the largest stationary sources of greenhouse gas emissions; develop standards for mobile sources such as cars and trucks; and continue research of carbon capture and sequestration technologies."

--$300 million for the Great Lakes Restoration Initiative "for programs and projects strategically chosen to target the most significant environmental problems in the Great Lakes ecosystem."

--$3.3 billion "to maintain and improve outdated water infrastructure and keep our wastewater and drinking water clean and safe."

--$56 million "for chemical assessment and risk review to ensure that no unreasonable risks are posed by new or existing chemicals."

--$8 million "for environmental justice programs.  It targets increased brownfields investments to under-served and economically disadvantaged neighborhoods, and proposes $9 million for community water priorities in the Healthy Communities Initiative, funds that will help under-served communities restore urban waterways and address water quality challenges."

EPA's $10.020 billion request for 2011 is down from the $10.5 billion requested for 2010.  Congress enacted a $10.3 billion budget for EPA for FY2010.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.