~1~flf2\ftR~L\ ~
BEFORE TH~(I1
CONTROL B~W
2
2002
PEOPLE OF THE STATE
~
~U\~Lfl~b
)
Pollution
STATE OF
Control
ILLINOIS
Board
Complainant,
)
)
vs.
)
PCB No. 97-179
)
MIDWEST GRAIN PRODUCTS
)
(Enforcement)
OF ILLINOIS, INC., an Illinois corporation,
)
)
Respondent.
)
NOTICE OF FILING
To:
Jane B. McBride
Assistant Attorney General
500 South Second Street
Springfield, IL 62706
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center, 100 West Randolph, Suite 11-500
Chicago, IL 60601
Steven C. Langhoff, Hearing Officer
Illinois Pollution Control Board
600 5. Second Street, Suite 402
Springfield, IL 62704
PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk ofthe
Pollution Control Board the Complainant/Respondent’s
Joint Status Report,
copies ofwhich
are herewith served upon you.
Respectfully submitted,
BUSCH & EPPENBERGER, LLC
By~fS1Q(~h~
Tracy S. Perkins
190 Carondelet Plaza, Suite 600
St. Louis, MO 63 105-3441
Office: (314) 480-1500
Fax No.: (314)480-1505
Attorneys for Midwest Grain OfIllinois, Inc.
:ODMA\PCDOCS\STLQiJIS\1324514\1
RECT~E~9JED
~
OFPT(~E
DEC
2
2002
PEOPLE OF THE
STATE OF ILLINOIS
)
PCB
97-l7~ollutionControl Board
(Enforcement)
V.
MIDWEST GRAIN PRODUCTS OF
)
ILLINOIS, INC.
)
Respondent.
JOINT STATUS REPORT
The Complainant, PEOPLE OF THE STATE OF ILLINOIS,
ex re!.
James E. Ryan,
Attorney General of the State of Illinois, and the Respondent, MIDWEST GRAIN PRODUCTS,
INC., by its attorneys Husch
&
Eppenberger, hereby file the following status report.
1.
The Complaint was filed in this case on April 7, 1997.
2.
Since April of 1997, Respondent has been taking measures to correct the
emission problems at its plant.
3.
On July 19,
2002,
the parties met to discuss current modeling results. At the
time
of
this meeting, the Illinois EPA communicated to the facility recommended emission limits
and control equipment for the plant. Modeling data, and compliance with National Ambient Air
Quality Standards (“NAAQS”) within the immediate vicinity of Respondent Midwest Grain’s
plant, were the subject of the meeting. These concerns were factored into the
recommendations presented by the Illinois EPA. After taking these recommendation under
advisement, Respondent Midwest Grain was to respond to the Illinois EPA.
4.
It was Respondent Midwest Grain’s desire to perform stack emissions testing
prior to submitting a response to the Illinois EPA.
5.
In September of 2002, Respondent Midwest Grain attempted to conduct stack
tests. As process failure prevented testing, Respondent Midwest Grain rescheduled the test for
BEFORE
Complainant,
)
)
October 2002 and the consultant has indicated the results will not be available until at least next
week.
6.
Modeling data and compliance with National Ambient Air Quality Standards
(“NAAQS”) within the immediate vicinity of Respondent Midwest Grain’s plant remain at issue.
To date, Respondent Midwest Grain has not submitted a formal response to the Illinois EPA’s
recommendations in resolution of all modeling issues but Midwest Grain has been working with
the Illinois EPA’s modelers on an informal basis to ensure that the formal response will be
acceptable to Illinois EPA.
7.
The current status of this matter is that the Illinois EPA awaits Respondent
Midwest Grain’s formal response to the Illinois EPA recommendations regarding emission limits
and control equipment, taking all outstanding issues into consideration, including NAAQS
exceedances.
8.
During the week of December 9, 2002, counsel for the Complainant will arrange
a conference call between the parties with the Hearing Officer assigned to this matter in order to
set a date for the next status conference.
WHEREFORE, the parties respectfully request due consideration of this joint status
report, an opportunity to continue efforts underway by the Respondent to bring its plant into
compliance and additional time to conduct further settlement negotiations.
Respectfully submitted,
BY:
~
-~ ~
By:~\J
.4M4
~1
E. MCBRIDE
TRACY S. F~ERKINS
Counsel for Complainant
Counsel for Respondent
Assistant Attorney General
HUSCH & EPPENBERGER
500 South Second Street
St. Louis, MO
Springfield, Illinois 62706
(314) 480-1500
(217)782-9031
/
Dated: November 22, 2002
Date:
1/
I
R~CEIVED
CLERR~~
~
Plaza, Suite 600
St. Louis, Missouri 63105-3441
DEC
~~4.480.1500
~ ~tU~314.480.1505
STATE OF ILLINOIS
www.husch.com
Pollution Control Board
November 27, 2002
Ms. Dorothy M. Gunn, Clerk
Pollution Control Board
State of Illinois Center
100 West Randolph
Suite 11-500
Chicago, IL 60601
Re:
People of the State of Illinois v. Midwest Grain of Illinois, Inc.
Dear Ms. Gunn:
Enclosed, for filing in the above-referenced matter, are an original and four copies of the
Complainant/Respondent’s Joint Status Report.
Please file stamp the extra copy provided and return in the enclosed, self-addressed,
stamped envelope.
Thank you for your assistance in this matter.
Very truly yours,
Tracy S. Perkins
TSP :ccc
Ends.
:ODMA\PCDQCS\STLOUIS\1324512\1
Attorneys and Counselors at Law
ST. LOUIS
KANSAS CITY
JEFFERSON CITY
SPRINGFIELD
PEORIA
WICHITA
CHATTANOOGA
THIS FILING IS SUBMITTED ON RECYCLED PAPER
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this ~7~y
ofNovember, 2002, a true and
accurate copy ofthe above Notice ofFiling was served by depositing same with the U.S. Mail,
first class, postage prepaid, addressed to the following:
Jane E. McBride
Assistant Attorney General
Office of the Attorney General
Environmental Bureau
500 South Second Street
Springfield, IL 62706
DorothyM. Gunn
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph Street, Suite 11-500
Chicago, IL 60601
and a true and accurate copy ofthe above Notice of Filing was served by depositing same with
Federal Express to the following:
Steven C. Langhoff
Hearing Officer Illinois Pollution Control Board
600 S. Second Street, Suite 402
Springfield, IL 62704
Tracy S. Perkin
,
Attorney
-2-
:ODMA\PCDOCS\STLOUIS\1324514\1
