IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
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Civil Action No.
UNITED STATES OF AMERICA
and the STATE OF ILLINOIS,
Plaintiffs,
v.
MIDWEST GENERATION, LLC,
COMPLAINT
The United States of America ("United States"), by authority of
the Attorney General of
the United States and through the undersigned attorneys, acting at the request of
the
Administrator of
the United States Environmental Protection Agency ("U.S. EPA"), and the State
of
Ilinois ("Ilinois"), by and through Lisa Madigan, Attorney General of
the State of
Ilinois on
her own motion, allege as follows:
NATURE OF THE ACTION
1. This is a civil action brought against Midwest Generation LLC ("Defendant" or
"Midwest Gen") pursuant to Sections I
I 3 (b) and 167 of
the Clean Air Act ("the Act" or
"CAA"), 42 D.S.C. §§ 7413(b) and 7477, for injunctive relief and the assessment of civil
penalties for violations of: (1) the Prevention of Significant Deterioration ("PSD") provisions of
the Act, 42 D.S.C. §§ 7470-92; (2) visible air pollutant ("opacity") and pariculate matter ("PM")
limitations under the State Implementation Plan ("SIP") adopted by Ilinois and approved by
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Case 1:09-cv-05277 Document 1 Filed 08/27/2009 Page 1 of 75
u.s. EPA pursuant to Section 110 of
the Act, 42 D.S.C. § 7410; and (3) Title V ofthe Act,
42 D.S.C. § 7661-766lf, the Title V regulations at 40 C.F.R. Part 70, and the Ilinois
Environmental Protection Act, 415 Ilinois Codified Statutes ("ILCS"), 5/1 et seq., including the
Title V permit program, 5/39.5.
2. Defendant is the owner and operator of
the electric generating units located at the
following six plants: the Crawford Station coal-fired electricity generating power plant in
Chicago, Ilinois ("Crawford"); the Fisk Station coal-fired electricity generating power plant in
Chicago, Ilinois ("Fisk"); the Joliet Station coal-fired electricity generating power plant in Joliet,
Ilinois ("Joliet"); the Powerton Station coal-fired electricity generating pow