BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

STATE OF ILLINOIS

)

)

SS

COUNTY OF SANGAMON

)

)

CERTIFICATE OF SERVICE

I, the undersigned, an attorney, state that I have served electronically the attached

RESPONSE TO POST-HEARING COMMENTS

of the Illinois Environmental Protection

Agency upon the following persons:

John Therriault, Assistant Clerk

Timothy Fox, Hearing Officer

Illinois Pollution Control Board

Illinois Pollution Control Board

State of Illinois Center

State of Illinois Center

100 W. Randolph, Suite 11-500

100 West Randolph, Suite 11-500

Chicago, IL 60601

Chicago, Illinois 60601

Katherine D. Hodge

Kathleen C. Bassi

N. LaDonna Driver

Renee Cipriano

Hodge Dwyer Zeman

Joshua R. More

3150 Roland Ave.

Stephen J. Bonebrake

PO Box 5776

Schiff Hardin, LLP

Springfield, IL 62705-5776

6600 Sears Tower

233 S. Wacker Drive

Chicago, IL 60606-6473

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

Rachel L. Doctors

Assistant Counsel

Air Regulatory Unit

Division of Legal Counsel

Dated: June 23, 2008

1021 North Grand Avenue East

Springfield, Illinois 62794-9276

(217) 782-5544

Electronic Filing - Received, Clerk's Office, June 23, 2008

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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

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SECTION 27 PROPOSED RULES FOR

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NITROGEN OXIDE (NO

x

) EMISSIONS

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R07-19

FROM STATIONARY RECIPROCATING

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(Rulemaking – Air)

INTERNAL COMBUSTION ENGINES AND

)

TURBINES: AMENDMENTS TO 35 ILL.

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ADM. CODE PARTS 211 AND 217

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RESPONSE TO POST-HEARING COMMENTS

NOW COMES the ILLINOIS ENVIRONMENTAL PROTECTION AGENCY (“Illinois

EPA”), by its attorneys, and hereby submits its response to post-hearing comments in the above

rulemaking proceeding.

The Illinois EPA engaged in extensive outreach on this proposal and held regular

meetings with representatives of the affected sources in the previous years. The Illinois EPA,

Illinois Municipal Electric Agency (“IMEA”), and Illinois Environmental Regulatory Group

(“IERG”) witnesses testified and provided evidence at the first hearing that was held in

Edwardsville on April 9, 2008. At the second hearing that was held in Chicago on May 7, 2008,

the Pipeline Consortium provided testimony. On June 9, the Illinois EPA, IERG and IMEA filed

Post-Hearing Comments. IERG’s commented that the Illinois EPA’s TSD does not accurately

reflect the costs of implementing the proposed rule because not every RICE or turbine was listed.

At hearing the Illinois EPA testified that its emissions inventory is not perfect and that for the

most part the cost figures only included those units that the Illinois EPA believed would be

required to control NO

x

emissions (pp. 24-26, Transcript dated April 9, 2008).

The Illinois EPA has reviewed Exhibit 1 provided by IERG in its comments on the

proposed rule for nitrogen oxide emissions from reciprocating internal combustion engines

(RICE) and turbines. There were 35 RICE and 78 turbines that IERG member companies

believe are units that should have been included in the list of units affected by the proposal. The

Electronic Filing - Received, Clerk's Office, June 23, 2008

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list of affected units in the Attachment A of the Amended Technical Support Document (Dated

December 20, 2007) included only those units that the Illinois EPA believed would require NO

x

controls after considering the 2004 NO

x

emissions and the low-usage compliance options (limits

of eight million bhp-hrs for RICE and 20,000 MW-hrs for turbines) and exemptions provided by

the proposed regulations. Based on the facility reported NO

x

emission data, the Illinois EPA

believes that out of the 35 RICE identified, two RICE will qualify for the landfill gas usage

exemption, and 30 will qualify for eight million bhp-hrs limit option. The Illinois EPA was not

able to find the facility reported NO

x

emissions from the three RICE at U.S. Steel Corporation

because these emissions were reported as part of their associated processes. However, the most

recent permit application submitted by the U.S. Steel Corporation includes one 3,500 horse

power emergency generator that is limited to emit 19.9 tons of NO

x

per year and one RICE of

880 horse power that will have a non-selective catalytic reduction system installed to control

NO

x

emissions.

Out of the 78 turbines identified by IERG, 24 turbines are already retrofitted with NO

x

controls, 11 turbines will qualify for landfill gas exemption, and 43 turbines, mostly used as

peaking units at power plants, will qualify for the 20,000 MW-hrs limit compliance option.

The Illinois EPA believes that the units that are retrofitted with controls are in

compliance with the proposed regulations and other units will use one of the compliance options

to avoid having to retrofit NO

x

controls. Therefore, the Illinois EPA believes that there will not

be any additional cost of controlling NO

x

emissions to the sources except for some

administrative cost of recordkeeping and reporting.

Further, the Illinois EPA would note that it engaged in extensive out reach during the

development of the rule and IERG had multiple opportunities to present this information either

before the proposal was filed with the Board or at either the first or second hearing. Hence, the

Electronic Filing - Received, Clerk's Office, June 23, 2008

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Illinois EPA does not believe that additional hearings would be necessary before the Board can

proceed to First Notice.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:

_/s/ Rachel L. Doctors

Rachel L. Doctors

Assistant Counsel

Air Regulatory Unit

Division of Legal Counsel

DATED: June 23, 2008

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217.782.5544

217.782.9807 (Fax)

Electronic Filing - Received, Clerk's Office, June 23, 2008

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