Emulsicoat’s asphalt plant located in the Historic East Urbana neighborhood is now operating at a new site 15 minutes away.
The long-criticized plant is now mostly operational at a new site on Saline Court.
“We’ve moved a significant amount of Emulsicoat’s business to Saline Court, and it is operational,” a representative from Emulsicoat said in an email.
Emulsicoat did not comment on the status of the University Avenue plant.
The original site, located at 705 E. University Ave., has been a concern among residents for over 30 years due to complaints of a persistent asphalt odor. For example, in 1991, a complaint to the Illinois Environmental Protection Agency (IEPA) said:
“Contrary to the belief that this is not an immediate health hazard, residents of the neighborhood have been experiencing nausea, headaches, breathing difficulties, and dizziness since the odor has been present.”
Then, in 2021, a complaint simply asked regulators to “please require Emulsicoat in Urbana to clean up its emissions. It is right next to a neighborhood with children who would like to breathe clean air.”
Constructed in 1975, the Urbana Emulsicoat location has operated under a ROSS permit, short for Registration of Smaller Sources (ROSS), which, due to fewer regulatory requirements, let the facility dodge certain emissions limits for larger facilities.
While facilities emitting more than 5 tons of pollution annually are mandated to obtain a Federally Enforceable State Operating Permit or Clean Air Act Permit Program, the ROSS designation exempted Emulsicoat from these standards in exchange for a $235 yearly fee.
However, emails obtained via the Freedom of Information Act (FOIA) from the Illinois EPA showed the agency’s employees were directed to “provide information on your past follow-ups on this source to use to close this. Dates of inspections etc.”
For decades, no actions have been taken against Emulsicoat. Each time the site was investigated for odors, the agency officials said they found nothing.
In February 2024, Emulsicoat was facing a potential class-action lawsuit for the odorous fumes. A letter sent to Urbana residents by Marshall Whalley & Associates reads:
“We are currently investigating the possibility of litigation due to odors allegedly coming from the Emulsicoat asphalt plant. Due to your proximity to the facility, you may have experienced odors from this facility. Odors that interfere with the use and enjoyment of your home may constitute a nuisance and entitle you to compensation. Any litigation filed by this office would also have the objective of preventing any future emission of noxious odors.”
A similar situation unfolded in 2023 when the Chicago Sun-Times reported that a MAT Asphalt plant in McKinley, IL was forced to pay $1.2 million over a 2020 lawsuit regarding its odor.
As of now, the class action against Emulsicoat has not gotten off the ground.