AMERENENERGY RESOURCES
GENERATING COMPANY
V .
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
To :
Mr. Robb Layman
Ms. Sally Carter
Illinois Environmental
Protection Agency
Division of Legal Counsel
1021 North Grand Avenue
Post Office Box 19276
Springfield, IL 62794-9276
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
NOTICE OF FILING
Ms. Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
1000 West Randolph Street
Suite 11-500
Chicago, IL 60601
RECEIVED
CLERK'S OFFICE
JAN 1 1 2006
STATE OF ILLINOIS
Pollution Control Board
Please take notice that on January /
I , 2006, the undersigned caused to be filed with the Clerk of
the Illinois Pollution Control Board the Petition for Review of Decision on Request for Revision to State
Air Operating Permit, a copy of which is herewith serve upon you
.
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James T. Harrington
David L . Rieser
McGuireWoods LLP
77 West Wacker, Suite
4100
Chicago, IL
60601
Telephone :
312/849-8100
B
J
es T. Harrington
Ame
ne of the Attorneys for Ame
rgy
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
AMERENENERGY RESOURCES
)
GENERATING COMPANY
)
V
.
)
Case No .
Air Permit Appeal
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
PETITION FOR REVIEW OF DECISION ON
REQUEST FOR REVISION TO STATE AIR OPERATING PERMIT
RECEIVED
CLERK'S OFFICE
JAN 1 1 2006
STATE OF
ILLINOIS
Pollution Control Board
Now comes the Petitioner AmerenEnergy Resources Generating Company ("AmerenEnergy") by
its attorneys James T. Harrington, David L. Rieser and McGuireWoods LLP and petitions for review of
the decision of the Illinois Environmental Protection Agency ("IEPA") dated December 9, 2005 regarding
the "Request for Revision to State Operating Permit for Edwards Power Plant" ("Request for Revision"),
filed on September 9, 2005 . In support of this Petition, Petitioner states as follows
:
I
.
Petitioner owns and operates a coal-fired electrical generating unit known as the Edwards
Power Plant located at 7800 South Cilco Lane, Bartonville, Peoria County, Illinois
.
2 .
This plant is operated under a state operating permit, I .D. No. 143805AAG, Permit No .
73010724, a true and correct copy of which is attached hereto as Exhibit 1
.
3
.
On September 9, 2005, Petitioner submitted their "Request for Revision to State Operating
Permit for Edwards Power Plant" in accordance with Special Condition 9c of the Operating Permit
requesting IEPA to allow Petitioner to burn sub-bituminous coal in addition to the existing bituminous
coal supply. A true and correct copy of this request is attached as Exhibit 2 .
4
.
By letter dated December 9, 2005 and received by Petitioner on approximately
December 13, 2005, IEPA stated, "The Illinois EPA will not be taking action on this request because a
Clean Air Act Permit Program (CAAPP) permit was issued to the source on September 29, 2005 ." IEPA
further stated, "This action may be considered a denial for the purpose of appeal to the Pollution Control
Board." A true and correct copy of this letter is attached as Exhibit 3
.
5
.
On September 29, 2005, IEPA did post a CAAPP permit for the Edwards Power Plant on
the United States Environmental Protection Agency web page dated September 29, 2005 and
subsequently said permit was served upon Petitioner
.
6 .
On November 3, 2005, Petitioner filed a "Petition for Review" of said permit with this
Board under docket number PCB 06-067
.
7
.
As set forth in that Petition and in Petitioner's Response to Respondent's Motion in Partial
Opposition to, and Partial Support of, Petitioner's Request for Stay before the Board, a Petition for
Review stays the effect of the CAAPP permit until such time as the Board rules on the Petition for
Review and the IEPA implements the decision of the Board . Pending the decision of the Board, the prior
state operating permit issued by IEPA for the subject facility remains in full force and effect
.
8 .
Therefore, the IEPA's basis for refusing to take action on the Petitioner's Request for
Revision is incorrect, without basis in law and should be reversed with instructions to the IEPA to act on
the merits of the Request for Revision .
9
.
IEPA clearly does not object to Petitioner burning sub-bituminous coal at its Edwards
Power Plant because it includes such permission in the Title V Permit as reflected in the Permit denial at
issue here .
Wherefore, Petitioner asks this Board to reverse the decision of the IEPA with instructions to act
on the merits of Petitioner's Request of Revision .
McGuireWoocI LLP
77 West Wacker, Suite 4100
Chicago, IL 60601
Telephone: 312/849-8100
Respectfully submitted,
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A.
IA
.
.
Ii
s T. Harrington
vid L . Rieser
CERTIFICATE OF SERVICE
I, James T. Harrington, one of the attorneys for AmerenEnergy, hereby certify that I served a copy
of Petition for Review of Decision on Request for Revision to State Air Operating Permit upon those
listed on the attached Notice of Filing on January
1 1
, 2006 via First Class Mail, postage prepaid
.
ActiveA3420381 .1
1
,
.'is
_
. Harrington
of the Attorneys for Amere
nergy
McGuireWoods LLP
77 West Wacker, Suite 4100
Chicago, Illinois 60601
Telephone: 312/849-8100
217/782-2113
PERMITTEE
Ameren Energy Generating Company (CIPS)
Attn : Michael L. Menne, Manager Environmental, Safety and Health
1901 Chouteau Avenue
P .O . Box 66149, MC602
St . Louis, Missouri 63166-6149
Application No
.
: 73010724
I .D . No .
: 143805AAG
Applicant's Designation ;
Date Received : June 10, 2004
Sub ect : E .D. Edwards Station
Date Issued
; July 1, 2004
Expiration Date : June 30, 2005
Location : AES Edwards Station, 7800 South Cilco Lane, Bartonville, Peoria County
Permit is hereby granted to the above-designated Permittee to OPERATE
emission source(s) and/or air pollution control equipment consisting of
Boiler Nos . 1, 2, and 3 with electrostatic precipitators, low NO, burner
combustion system, flue gas conditioning systems, fuel handling facilities,
and fuel storage tanks as described in the above-referenced application
.
This permit is subject to standard conditions attached hereto and the
following special condition(s)
:
la . The average 50 2 emissions from Boilers 1, 2 and 3 as a group shall not
exceed 4 .71 lb/mmBtu of actual heat input, on a daily basis, pursuant
to 35 IAC 214 .561(a)
.
b. The average S02 emissions from each boiler shall not exceed 6 .6 pounds
of S0 2 per mmBtu of actual heat input on a daily basis, pursuant to 35
IAC 214 .561(b)
.
c
.
50, emissions from Boilers 1, 2 and 3, as a group, shall not exceed
34,613 pounds per hour, on a 24-hour average basis, pursuant to 35 IAC
214 .561(c)
.
Note: The above limit reflects a site-specific determination of the
applicable limit adopted by the Illinois Pollution Control Board
in Regulatory Proceeding R02-21
.
2 .
Emissions of particulate matter from the boilers shall not exceed the
following limits in any one-hour period
:
Limit
(Lb/mmBtu)
Rule
Boiler 1
0 .20'
Boiler 2
0 .15 *
Boiler 3
0 .10
P.O. Box 19506, SPRINGFIELD, ILLINOIS 62794-9506
RENEE CIPRIANO, DIRECTOR
OPERATING PERMIT - REVISED
L - r/
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
35 IAC 212 .203(a)
35 IAC 212 .203(a)
35 IAC 212 .202
•
This limit reflects a site-specific determination of the
applicable limit adopted by the Illinois Pollution Control Board
in Regulatory Proceeding R82-1 .
ROD R. BLAGOILVICH, GOVERNOR
PRINTED ON RECYCLED PAPER
rrr'CC-' /~/ U~
•
EXHIBIT
I
Page 2
3
.
Except as provided by Conditions 1 and 2, emissions and opacity from
the boilers shall comply with the standards of general applicability
for existing coal-fired boiler including the new requirements of the NO,
trading Program
.
4a .
The Permittee shall submit a quarterly excess emission report of
emissions in excess of those allowed by Title 35 subtitle
s
for each
boiler as indicated in 35 Ill . Adm. Code 201 .405 . This report shall be
postmarked within forty-five days after the end of each calendar
quarter and shall be based on data from the Continuous Emissions
Monitor System (CEMS)
.
i
.
Excess emission and monitor performance reporting shall include
the following
:
A .
The starting date and time of the excess emissions
;
B
.
The duration of the excess emissions ;
C
.
The magnitude of the excess emissions
;
D .
The cause of the excess emissions; if known;
E .
Corrective actions taken to lessen the emissions ; and
F .
The operating status of the monitoring system including the
dates and times of any periods during which it was
inoperative
.
ii
.
This report shall be effective beginning with the first Quarter,
1995 (January 1st through March 31st, 1995)
iii . If there were no excess emissions during the reporting period,
the report shall so state and include information about the
operating status of the monitoring equipment during that period
.
b .
All records produced by the continuous systems shall be retained by the
Permittee for a period of not less than two (2) years
.
5a
.
Operation in excess of applicable opacity, particulate matter, and
carbon monoxide emission standards, is allowed during periods of
startup, malfunction, and breakdown .
b
.
The Permittee shall keep a record of each startup, including
information as to the length of time that such operation exceeded
applicable standards and limitations, and a justification for the
length of startup
.
c
.
The Permittee shall notify the Illinois EPA's Regional Office by
telephone as soon as possible during normal working hours upon the
occurrence of excess emissions due to malfunctions or breakdowns . The
Permittee shall comply with all reasonable and safe directives of the
Regional office regarding such malfunctions and breakdowns
.
Page
3
d .
The Permittee shall maintain records of excess emissions during
malfunctions and breakdowns. As a minimum, these records shall
include
:
i
.
The date and duration of the malfunction or breakdown
.
A full and detailed explanation of the cause for such emissions
.
iii . The type and quantity of contaminants emitted .
iv
.
The measures used to reduce the quantity of emissions and the
duration of the occurrence .
v .
The steps taken to prevent similar malfunctions or breakdowns
and/or to reduce their frequency and severity
.
e
.
The Permittee shall retain the records required by this special
condition for a period of at least two (2) years following an event
.
These records shall be maintained at a readily accessible location at
the plant and shall be made available to representatives of the
Illinois EPA during normal working and/or operating hours
.
f
.
The Permittee shall not continue operation during malfunction or
breakdown beyond such time as is necessary to prevent injury to persons
or severe damage to equipment or to provide essential services
.
6a
.
Organic liquid by-products or waste materials other than those
permitted by Condition 6(b) and (c) shall not be burned in Boilers 1,
2, and 3 without written permission from this Illinois EPA
.
b
.
Waste oils fitting the following description may be burned in the above
referenced boilers
:
Lubricating oil from coal mills, coal handling machinery, fan
motors, pumps, turbines, and internal combustion engines
.
ii
.
Hydraulic fluids
.
iii . Mineral oil dielectric fluids containing less than two (2) ppm
PCBs
.
iv .
Used grease .
c .
Boiler chemical cleaning wastes may be burned in the above referenced
boilers
.
d
.
The Permittee shall analyze, on an annual basis, a representative
sample of the materials listed in Condition 6(b) above for arsenic,
chromium, cadmium, lead, flash point, total halogens, and heat content .
e
.
The Permittee shall analyze, on an annual basis, a representative
sample of the materials listed in Condition 6(c) above for pH, flash
point, heat content, total halogens, arsenic, barium, mercury,
chromium, lead, selenium, and silver .
Page 4
None of the waste materials described in Conditions 6(b) and (c) shall
be hazardous
.
7a .
i
.
Upon written request by the Illinois EPA, the particulate matter
concentrations in the effluent streams of Boiler(s) shall be
measured by an approved testing service, during conditions which
are representative of full load
.
ii . The following methods and procedures shall be used for testing of
emissions, unless another method is approved by the Illinois EPA
:
Refer to 40 CFR 60, Appendix A for USEPA test methods .
b .
Prior to carrying out these tests, the Illinois EPA
- Air Compliance
Section and Illinois EPA
- Air Regional Field Office, shall be notified
a minimum of thirty (30) days prior to the expected date of these tests
and further notified a minimum of five (5) working days prior to the
test of the exact date, time, and place of these tests, to enable the
Illinois EPA to witness these tests
.
i
.
Illinois EPA
- Air Compliance Section
Illinois Environmental Protection Agency
Bureau of Air
Compliance & Enforcement Section (MC 40)
P.O. Box 19276
Springfield, Illinois 62794-9276
ii
.
Illinois EPA - Air Regional Field Office
Illinois Environmental Protection Agency
Division of Air Pollution Control
5415 North University
Peoria, Illinois 61614
c. Three (3) copies of the Final Report(s) for these tests shall be
submitted to the Illinois EPA within 14 days of the compiling and
finalizing of the test results
.
B
.
The Illinois EPA shall be allowed to sample all coal at the station and
shall be furnished replicate coal samples upon request
.
9a .
This permit allows for the burning of sub bituminous coal from Powder
River Basin (PRB) in the boilers (not to exceed 120 days) of
operational and emissions testing purposes, as described in the
Permittee's letter of June 4, 2004, such that the boiler continues to
comply with applicable rules and regulations governing air pollution
and with the conditions set forth in this operating permit
.
Location of Sample Points
Gas Flow and Velocity
Particulate Matter
USEPA Method 1
USEPA Method 2
USEPA Method 5
Page 5
b .
The Permittee shall notify the Illinois EPA in writing at least
fourteen
(14) days prior to initial burning of any coal from a
new mine . This notification shall be sent to the Illinois EPA's
Regional Office and the Illinois EPA's Source Emission Test
Specialist and shall include as a minimum : Information regarding
fuel analyses, quantities and types of fuel(s) to be burned,
planned start time and date, duration of test period, and a
description of the test plan . The duration of any test burn
shall not exceed 120 days unless the Illinois EPA has approved a
longer period
.
ii
.
Notwithstanding the 120-day period specified above, the Permittee
may conduct an evaluation or trial burn of sub bituminous coal
from the Powder River Basin until July 30, 2004
.
c
.
Prior to revising this operating permit to allow for the continued
burning of coal from a new mine in significant amount or a specific
alternative fuel, the Illinois EPA may require appropriate emission
testing to be carried out in accordance with the provisions of
Condition 7
.
It should be noted that this permit has been revised to address changes in
the coal supply to the boilers and reflect current emission standards for the
boilers .
If you have any questions on this permit, please contact Kunj Patel at
217/782-2113
.
Donald E. Sutton, P.E .
Manager, Permit Section
Division of Air Pollution Control
DES : KP:jar
cc
:
Region 2
STATE OF ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
DIVISION OF AIR POLLUTION CONTROL
P .O. BOX 19506
SPRINGFIELD, ILLINOIS 62794-9506
STANDARD CONDITIONS
FOR
OPERATING PERMITS
May, 1993
The Illinois Environmental Protection Act (Illinois Revised Statutes, Chapter 111-1/2, Section
1039) grants the Environmental Protection Agency authority to impose conditions on permits which it
issues .
The following conditions are applicable unless superseded by special permit conditions(s)
.
1
The issuance of this permit does not release the Permittee from compliance with state andd
federal regulations which are part of the Illinois State Implementation Plan, as well as with
other applicable statues and regulations of the United States or the State of Illinois or with
applicable local laws, ordinances and regulations
.
2 . The Illinois EPA has issued this permit based upon the information submitted by the Permittee
in the permit application. Any misinformation, false statement or misrepresentation in the
application shall be ground for revocation under 35 111 . Adm. Code 201 .166 .
3. a. The Permittee shall not authorize, cause, direct or allow any modification, as defined in
35 111. Adm. Code 201.102, of equipment, operations or practices which are reflected in
the permit application as submitted unless a new application or request for revision of
the existing permit is filed with the Illinois EPA and unless a new permit or revision of
the existing permit(s) is issued for such modification
.
b. This permit only covers emission sources and control equipment while physically present at
the indicated plant location(s) . Unless the permit specifically provides for equipment
relocation, this permit is void for an item of equipment on the day it is removed from the
permitted location(s) or if all equipment is removed, notwithstanding the expiration date
specified on the permit .
4
.
The Permittee shall allow any duly authorized agent of the Illinois EPA, upon the presentation
of credentials, at reasonable times
:
a. To enter the Permittee's property where actual or potential effluent, emission or noise
sources are located or where any activity is to be conducted pursuant to this permit ;
b. To have access to and to copy any records required to be kept under the terms
conditions of this permit ;
c. To inspect, including during any hours of operation of equipment constructed or operated
under this permit, such equipment and any equipment required to be kept, used, operated,
calibrated and maintained under this permit ;
d. To obtain and remove samples of any discharge or emission of pollutants ; and
e . To enter and utilize any photographic, recording, testing, monitoring or other equipment
for the purpose of preserving, testing, monitoring or recording any activity, discharge or
emission authorized by this permit
.
5 .
The issuance of this permit
:
a . Shall not be considered as in any manner affecting the title of the premises upon which
the permitted facilities are located ;
and
IL 532-0224
APC 161 Rev . March, 2001
PRINTED ON RECYCLED PAPER
090-005
Directory
.
Environmental Protection Agency
Bureau of Air
2
May 22, 2003
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For assistance
in
preparing a permit
.rw..r
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application, contact the Permit Section :
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Illinois EPA
Division of Air Pollution Control
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Permit Section
1021 N. Grand Ave E.
.71
P.O. Box 19506
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Springfield, Illinois 62794-9506
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217n82-2113
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Or contact a regional offce ofthe Field
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Operations Section. The regional
offices and their areas
of
responsibility
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are
shown
on the map. The addresses
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R Y.
and telephone numbers
of
the regional
o ices are as foliows:
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Illinois EPA
Region I
Bureau of Air, FOS
9511 West Harrison
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Des Plaines, Illinois 60016
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5415 North Univiversity
Peoria, Illinois 61614
3091693-5461
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Illinois EPA
Region 3
2009 Mall Street
Collinsville, Illinois 62234.
618/346-5120
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September 9, 2005
Mr. Donald E . Sutton, P. E .
By Overnight Delivery
Manager, Permit Section
Illinois Environmental Protection Agency
Division of Air Pollution Control
1021 North Grand Avenue East
Springfield, IL 62702
Subject :
Edwards Power Plant Operating Permit Revision
Facility I . D. No. 143805AAG
Application No. 73010724
Dear Mr. Sutton :
Ameren Services, as affiliated agent for AmerenEnergy Resources Generating Company, hereby requests
a revision of the operating permit for Edwards Power Plant, Facility I . D. No. 143805AAG, Application No .
73010724
.
In accordance with Special Condition 9c. of the current operating permit, Ameren requests that the
operating permit be revised to allow sub-bituminous coal to be burned on a long term basis in Boilers 1, 2
and 3 in addition to the existing bituminous coal supply. The sub-bituminous coal will be mixed with the
existing coal supply in varying ratios from approximately 10 to 20 percent sub-bituminous coal and 80 to
90 percent existing coal supply and up to 100 percent sub-bituminous coal
.
If you have any questions concerning this request, please contact Steve Whitworth at 314-554-4908
.
Sincerely,
Michael L. Menne
Vice President
cc :
D. Hayden - IEPA
bcc :
G. T. Russell
P. B. Carter
M. A. Davis
J. R. Bush
S. J. Harvey
R. H. LaPlaca
S. C. Whitworth
File: AQ 3.1 .16.1
EXHIBIT
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December
9, 2005
wren Energy Reno e generating Company
Attn
:
Michael
Menne, ce President
One Ameren Plaza
1901 Chouteau Avenue
Post Office Box 66149
St. Louis, Missouri 63166-6149
RE ;
Request for Revision to State Operating Permit for Edwards Power Plant
I .D . No . ; 143805AAo
Permit No . : 73010724
Letter Dated; September 9, 2005
Certi
7004 2510
8 0949
The Illinois EPA has received your re
on Se e
4, 2005, which
requests a revision to Operating Permit 73010724
0
odate burning of
sub-bituminous coal on a long term basis
.
The Illinois EPA will not be taking action on this request because a Clean
Air Act Permit Program (CAAPP) permit was issued to the source on
September 29, 2005
.
Pirst, no action can be to
n the state permit because it was superseded
when the cAAPP was issued . Second, the CAAPP provides the flexibility in the
coal supply to the boilers that you have requested
.
This action may be considered a denial for the purpose of appeal to the
Pollution Control Board .
If you have any questions on this, p e se call Kunj Patel at 217/782-2113
.
Donald S . Sutton, P.E .
Manager, Permit Section
Division of Air Pollution Control
PIES : KMP:psj
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EXHIBIT
1
3
