EPA Settles with Geneva Energy on Violations

Company will also close its tire-burning facility in Illinois.

March 6, 2013
Recycling Today Staff
Legislation & Regulations Tires

The U.S. Environmental Protection Agency has reached an 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, Ill. As part of the agreement, Geneva has agreed to close the facility, which operated intermittently from 2006 until the fall of 2011.

According to the EPA, 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.

“This settlement will eliminate the source of almost 200 tons of air pollutants each year, in a community that has historically been disproportionately impacted by environmental contamination,” says EPA Regional Administrator Susan Hedman.

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

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

Documents related to this settlement are available on EPA’s website at http://www.epa.gov/region5/air/enforce/genevaenergy.html.