Thursday, July 22, 2010

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.

Tuesday, July 20, 2010

Environmental Register for June 2010

The Illinois Pollution Control Board has issued its Environmental Register publication for June 2010.

The Environmental Register features a letter from Chairman Girard, a rulemaking update, a summary of actions of the Board, a summary of new cases, and the Board's calendar.

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

Monday, July 19, 2010

Five States Open Second Phase of Asian Carp Litigation

When the U.S. Supreme Court ruled against the State of Michigan in its quest to stop Asian carp from migrating into Lake Michigan, many declared an end to litigation over the invasive species.  However, the State of Michigan (along with Wisconsin, Minnesota, Ohio, and Pennsylvania) today filed a second lawsuit--this time in federal district court in Illinois.

In their Complaint for Injunctive and Declaratory Relief filed in the U.S. District Court for the Northern District of Illinois, Case No. 10-CV-04457, the states sued the U.S. Army Corps of Engineers and the Metropolitan Water Reclamation District of Greater Chicago.  The gist of the complaint is that the defendants have failed to do enough to prevent the migration of Asian carp into Lake Michigan.  Count I of the complaint alleges public nuisance in that the defendants' failure to prevent the migration of Asian carp "will cause enormous and irreversible harm to the use and enjoyment and the other public rights in those waters."  Count II of the complaint alleges that the Army Corps of Engineers' actions and failure to act were not in accordance with federal law.

The states will look for an early victory on a motion for preliminary injunction, which requests the following:

"1.  Enter a Preliminary injunction enjoining the Defendants to immediately take all available measures within their respective control, consistent with the protection of public health and safety, to prevent the migration of bighead and silver carp through the CAWS into Lake Michigan, including, but not necessarily limited to, the following:
(a) Using the best available methods to block the passage of, capture or kill bighead and silver carp that may be present in the CAWS, especially in those areas north of the O'Brien Lock and Dam.
(b) Installing block nets or other suitable interim physical barriers to fish passage at strategic locations in the Calumet River between Lake Calumet and Calumet Harbor.
(c) Temporarily closing and ceasing operation of the locks at the O'Brien Lock and Dam and the Chicago River Controlling Works except as needed to protect public health and safety.
(d) Temporarily closing the sluice gates at the O'Brien Lock and Dam, the Chicago Controlling Works, and the Wilmette Pumping Station except as needed to protect public health or safety.
(e) Installing and maintaining grates or screens on or over the openings to all the sluice gates at the O'Brien Lock and Dam, the Chicago River Controlling Works, and the Wilmette Pumping Station in a manner that will not allow fish to pass through those structures if the sluice gates are opened.
(f) Installing and maintaining block nets or other suitable interim physical barriers to fish passage as needed in the Little Calumet River to prevent the migration of bighead and silver carp into Lake Michigan, in a manner that protects public health and safety.
(g) As a supplement to physical barriers, applying rotenone at strategic locations in the CAWS, especially those areas north of the O'Brien Lock and Dam where bighead and silver carp are most likely to be present, using methods and techniques best suited to eradicate them and minimize the risk of their movement into Lake Michigan.
(h) Continue comprehensive monitoring for bighead and silver carp in the CAWS, including resumed use of environmental DNA testing.

"2. Enter a preliminary injunction requiring the Corps to expedite the preparation of a feasibility study, pursuant to its authority under Section 3601 of the Water Resources Development Act of 2007, developing and evaluating options for the permanent physical separation of the CAWS from Lake Michigan at strategic locations so as to prevent the transfer of Asian carp or other invasive species between the Mississippi River Basin and the Great Lakes Basin. Specifically, the Corps should be required to:
(a) Complete, and make available for public comment, within six months, an initial report detailing the progress made toward completion of the evaluation.
(b) Complete, and make available for public comment, within twelve months, a second, interim report detailing the progress made toward completion of the evaluation.
(c) Complete, and make available for public comment, within eighteen months a final report detailing the results of the evaluation and recommendations for specific measures to permanently physically separate the CAWS from Lake Michigan at strategic locations to prevent the migration of bighead carp, silver carp or other harmful invasive species between the CAWS and the Great Lakes."

A hearing on the motion for preliminary injunction is scheduled before Judge Robert M. Dow, Jr. on July 28th in Chicago.

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

Saturday, July 17, 2010

Wastewater Treatment Plant Operator Settles Alleged Environmental Violations

The Illinois Pollution Control Board recently accepted the parties' settlement in the case of People v. Penrith, No. PCB 10-94, which concerned the defendant's wastewater treatment plant located on the southeast corner of the intersection of U.S. Highway 41 and W. Wadsworth Road, Wadsworth, Lake County, Illinois.

The State alleged that the defendant violated the Illinois Environmental Protection Act by by failing to comply with the monitoring and recording requirements of a National Pollutant Discharge Elimination System (NPDES) permit and by failing to have a person certified by the Illinois EPA supervising the operation of the wastewater treatment plant.

Under the terms of the settlement, the defendant neither admits nor denies the alleged violations but agrees to pay a civil penalty of $5,000.

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

Tuesday, July 13, 2010

EPA Orders Livestock Operation To Pay $40,000 Penalty For Alleged Water Pollution Violations

I received a comment on the LinkedIn boards today about my last post--why did the dairy farm only get a $2,000 in the settlement of a State enforcement action approved by the Illinois Pollution Control Board?  My response was that everything depends on the facts of the case--what was the extent of the environmental harm, previous violations by the defendant, etc.  This theory was demonstrated in a recent press release from U.S. EPA regarding a federal enforcement action against a livestock operation that featured a penalty with a much higher amount:

"U.S. Environmental Protection Agency Region 5 has ordered Greenville Livestock Inc., 25815 Hugo Road, Centralia, Ill., to pay a $40,000 fine for failing to comply with the Clean Water Act. EPA previously ordered the facility to stop all unauthorized discharges and apply to the Illinois Environmental Protection Agency for a permit to discharge wastewater.

"Greenville is a large concentrated animal feeding operation in the Kaskaskia River watershed in central Illinois with more than 1,000 cattle.

"An EPA inspection found that Greenville was not using best management practices to prevent the discharge of manure and other animal production waste. EPA also discovered that the facility did not have a Clean Water Act permit to discharge."

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

Monday, July 12, 2010

State Settles Enforcement Action Against Dairy Farm For Alleged Water Pollution Violations

The Illinois Pollution Control Board recently accepted the parties' settlement of a State enforcement action in People v. Miller, Case No. PCB 10-43, which concerned a 1,300-acre dairy farm, consisting of two separate parcels: 765 East Rock Grove Road, Orangeville, Stephenson County, Illinois; and 1984 Hickory Grove Road, Dakota, Stephenson County, Illinois.

The State alleged that the defendant violated the Illinois Environmental Protection Act by: (1) causing and threatening the discharge of manure and manure-containing runoff into a small tributary, so as to cause water pollution; (2) causing and allowing offensive conditions; (3) failing to provide adequate runoff structures at the farm; (4) failing to construct a temporary manure stack at the farm; (5) placing livestock wastes on soils; and (6) depositing contaminants on land so as to cause water pollution.

Under the terms of the settlement, the defendant neither admits nor denies the violations and agrees to pay a civil penalty of $2,000.

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

Sunday, July 11, 2010

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.

Saturday, July 3, 2010

Free Seminar: What should manufacturers do when receiving a notice of violation from EPA?

I would like to announce my next speaking engagement.  On July 15th at noon, I will be speaking on "What should manufacturers do when receiving a notice of an environmental violation from EPA?" at the Morris Graduate School of Management, 1000 E Woodfield Road, #100, Schaumburg, IL 60173.

To get more information or to RSVP, please click here.  I hope to see you there!

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