U.S., Illinois Want Power Co. to Install Pollution Control

The United States and the state of Illinois have filed a civil complaint against Midwest Generation LLC, alleging that the company violated and continues to violate the Clean Air Act, the Justice Department, U.S. Environmental Protection Agency and the Illinois Attorney General's office said in an Aug. 27 press release.

The complaint alleges that Midwest Generation made major modifications to its coal-fired power plants in Illinois without also installing and operating required pollution control equipment. As a result, Midwest Generation's six Illinois power plants, which have a combined capacity of more than 6,000 megawatts, are illegally emitting massive amounts of sulfur dioxide, nitrogen oxide and particulate matter. The complaint also alleges that emissions from Midwest Generation violated opacity and particulate matter limits.

The lawsuit, filed by the Justice Department on behalf of EPA and the state of Illinois Attorney General's Office, asks the court to order Midwest Generation to install and operate state-of-the-art air pollution control technology to substantially reduce emissions from the Midwest Generation power plants. The United States and the state of Illinois also seek civil penalties up to the maximum amount authorized by law, as well as actions by Midwest Generation to mitigate the adverse public health and environmental effects caused by the violations.

"EPA's first priority is to protect the health of the people who live near these six plants and are most exposed to their pollution," said EPA Region 5 acting administrator Bharat Mathur. "Today's filing is a significant step toward improving the air quality not only of the communities in the shadow of these plants but for those downwind of their emissions as well."

The suit was filed in the U.S. District Court for the Northern District of Illinois.

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