Renner Barsella, renner.barsella@sierraclub.org
MARISSA, IL - Following litigation to hold Prairie State Generating Company accountable for operating its coal-burning power plant without enforceable air permits, the Sierra Club has agreed to resolve the case after achieving its main goals in filing the suit.
“As we’ve stated from the beginning, no coal plant, especially one of the largest and most dangerous polluters, is above the law, and there is now a clear path to end Prairie State Generating Company’s run for over a decade without a Clean Air Act operating permit. We look forward to engaging in the permit process over the next two years to ensure the Illinois EPA issues the most protective permit to closely monitor and limit the largest point source of air pollution in our state,” said Christine Nannicelli, Senior Campaign Representative with the Illinois Sierra Club.
Sierra Club’s suit sought injunctive relief against the Prairie State Generating Company for continued operation of its Illinois coal plant without a legally required Clean Air Act operating permit. In August of 2024, the United States District Court of Southern Illinois issued a preliminary decision agreeing with Sierra Club in response to Prairie State’s motion to dismiss, noting that the company “has been operating the facility for a decade without any permit, and that the state and federal governments have simply ignored the Facility’s existence.” Following that decision and prompted by Prairie State’s subsequent petition to the Illinois Pollution Control Board (IPCB), the Board issued an order requiring the Illinois EPA to issue a draft operating permit or denial of the permit within one year of receiving a permit application from the company and a final operating permit within two years if the agency elects to issue a draft permit. On January 2, 2025 Prairie state owners submitted a new application to the Illinois EPA for an operating permit.
“The Prairie State coal plant is our state’s largest polluter and its dangerous emissions impact Sierra Club members and communities from Carbondale to Naperville,” said Connie Schmidt, Executive Committee member of the River Prairie Group of the Illinois Sierra Club which includes Naperville, the largest municipal member of the Illinois Municipal Electric Agency, the largest Illinois owner of Prairie State Generating Company. “As the Federal government tries to roll back clean air and climate protections to revive the outdated coal industry, we must take local action at the state and municipal level to hold these polluters accountable and that begins with requiring a basic operating permit.”
In 2022, Prairie State emitted almost twice as much carbon dioxide as the next biggest greenhouse gas polluter in the state, and has been the number one emitter of ozone-forming nitrogen oxide pollution for the last six years in the entire state. Soot pollution from the plant contributes to 76 premature deaths each year, making it the 11th deadliest coal plant in the country. With an operating permit process now in motion, Illinois residents have an opportunity to benefit from more comprehensive air monitoring and emissions reporting as well as more stringent emissions requirements during start-up and shut-down events at the plant when spikes in pollution often occur. The Prairie State Generating Company and the Prairie State coal plant is owned by nine public utility agencies including the Illinois Municipal Electric Agency, Northern Illinois Municipal Power Agency, Southern Illinois Power Cooperative, and Prairie Power Inc.
Background
Between March 29 and May 1, 2021, Prairie State violated the federal rule governing mercury emissions for plants of its type and size. Prairie State did not report this violation until July 2021, and even then the report was missing important information about the operation of its monitoring equipment. When Sierra Club learned of this violation through the Illinois EPA, the group investigated whether the violations were continuing. In trying to track down a Title V permit to determine what Prairie State’s current mercury and particulate matter limits and permitting requirements are, it was discovered no permit had ever been issued. In response, Sierra Club took the legal action that is now resolving. An operating permit is an authorization to continue operating under Title V of the Federal Clean Air Act, which all major sources of pollution are required to obtain after their construction.
About the Sierra Club
The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person's right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.