Attorney General Kwame Raoul has reached a settlement with Brainerd Chemical Midwest LLC to resolve a lawsuit concerning hydrogen fluoride emissions from its Danville, Illinois facility. The consent order addresses allegations that the company failed to adequately control these emissions, which pose significant health risks.
"Brainerd Chemical took steps to remove hydrogen fluoride and has complied with the terms of the measures contained in the 2022 agreed interim order. This consent order will ensure the company’s continued compliance, which enhances the public’s safety and environment in an environmental justice community," Raoul stated. He emphasized ongoing collaboration with the Illinois Environmental Protection Agency (IEPA) to safeguard communities from harmful chemical emissions.
The settlement mandates Brainerd Chemical's adherence to environmental laws and regulations, alongside avoiding future violations related to the 2022 lawsuit. The company is also required to pay a $124,000 civil penalty and $1,000 for avoided construction permit fees.
"This agreed consent order is a positive resolution to our enforcement case against Brainerd Chemical for the release of hydrogen fluoride from storage tanks in 2022," said IEPA Acting Director James Jennings. He noted that while the incident posed environmental risks and threatened nearby residents, the order aims to prevent future occurrences.
The lawsuit originated after three local residents reported dead vegetation near the facility in July 2022. An IEPA inspection confirmed damage over a quarter mile south of the site and identified emissions without necessary operational records, violating air pollution control permits. Following this, Brainerd Chemical ceased operations involving hydrofluoric acid and cooperated with investigations.
By December 2022, all hydrogen fluoride was removed from the facility, and Brainerd Chemical informed Raoul's office it would not resume such operations. The legal action forms part of Attorney General Raoul's efforts to hold companies accountable for environmental violations within vulnerable communities.
Assistant Attorney General Kevin Barnai is managing this case under Raoul’s Environmental Enforcement Division.