BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DYNEGY MIDWEST GENERATION, INC.
(BALDWIN ENERGY COMPLEX),
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 09-
--
(Permit Appeal- Air)
NOTICE OF FILING
To:
John
T. Therriault, Assistant Clerk
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 West Randolph
Chicago, Illinois 60601
Alec Messina, General Counsel
Division
of Legal Counsel
Illinois Environmental Protection Agency
1021
North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
PLEASE
TAKE NOTICE that we have today filed with the Office of the Clerk of
the Pollution Control Board the APPEARANCES OF KATHLEEN C. BASSI, STEPHEN J.
BONEBRAKE, and SHELDON A. ZABEL and APPEAL OF CONSTRUCTION PERMIT
FOR THE INSTALLATION OF BAGHOUSE, SCRUBBER, SORBENT INJECTION
SYSTEM, AND BOOSTER FANS AT BALDWIN ENERGY COMPLEX UNITS 1 AND 2,
copies
of which are herewith served upon you.
,
Dated: July 29, 2008
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Kathleen C. Bassi
Stephen
J. Bonebrake
Sheldon
A. Zabel
SCHIFF HARDIN LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
312-258-5567
FAX: 312-258-5600
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
CERTIFICATE OF SERVICE
I, the undersigned, certify that on this 29
th
day of July, 2008, I have served electronically
the attached
APPEARANCES OF KATHLEEN C. BASSI, STEPHEN J. BONEBRAKE,
and SHELDON A. ZABEL and APPEAL OF CONSTRUCTION PERMIT FOR THE
INSTALLATION OF BAGHOUSE, SCRUBBER, SORBENT INJECTION SYSTEM,
AND BOOSTER FANS AT BALDWIN ENERGY COMPLEX UNITS 1 AND 2, upon the
following person:
John
T. Therriault, Assistant Clerk
Illinois Pollution Control Board
James
R. Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
and by first class mail, postage affixed, upon the following person:
Alec Messina
General Counsel
Division
of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
-~~.
Ka~~i
Kathleen C. Bassi
Stephen
J. Bonebrake
Sheldon
A. Zabel
SCHIFF HARDIN LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
312-258-5567
FAX: 312-258-5600
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DYNEGY MIDWEST GENERATION, INC.
(BALDWIN ENERGY COMPLEX),
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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)
)
PCB 09-
--
(Permit Appeal - Air)
Katll
APPEARANCE
I hereby file my appearance in this proceeding, on behalf of Dynegy Midwest
Generation, Inc., (Baldwin Energy Complex).
Schiff Hardin LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
(312) 258-5500
Dated: July 29, 2008
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DYNEGY MIDWEST GENERATION, INC.
(BALDWIN
ENERGY COMPLEX),
Petitioner,
v.
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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)
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)
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)
)
)
)
PCB 09-
(Permit
Appeal- Air)
APPEARANCE
I hereby file my appearance in this proceeding, on behalf of Dynegy Midwest
Generation, Inc., (Baldwin Energy Complex).
onebrake
Schiff
din LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
(312) 258-5500
Dated: July 29, 2008
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DYNEGY MIDWEST GENERATION, INC.
(BALDWIN ENERGY COMPLEX),
Petitioner,
v.
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
)
)
)
)
)
)
)
)
PCB 09-
--
(Permit Appeal- Air)
APPEARANCE
I hereby file my appearance in this proceeding, on behalf of Dynegy Midwest
Generation, Inc., (Baldwin Energy Complex).
~ela#L
Schiff Hardin LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
(312) 258-5500
Dated: July 29, 2008
CH2\2634548 1
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DYNEGY MIDWEST GENERATION, INC.
(BALDWIN ENERGY COMPLEX),
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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)
)
)
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)
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PCB 09-
(Permit Appeal- Air)
APPEAL OF CONSTRUCTION PERMIT FOR THE INSTALLATION OF
BAGHOUSE, SCRUBBER, SORBENT INJECTION SYSTEMS, AND BOOSTER FANS
AT BALDWIN ENERGY COMPLEX UNITS 1 AND 2
NOW COMES Petitioner, DYNEGY MIDWEST GENERATION, INC. (BALDWIN
ENERGY COMPLEX) ("Petitioner" or "Dynegy"), pursuant to Section 40(a)(l)
of the Illinois
Environmental Protection Act ("Act") (415 ILCS 5/40(a)(l)) and 35 Ill.Adm.Code § 105.200
et
seq.,
and requests a hearing before the Board to contest the decisions contained in the
construction permit! issued to Petitioner on June 19,2008, pursuant to Section 39(a)
of the Act
(415 ILCS 5/39(a)) and
35 Ill.Adm.Code § 201.142 ("permit" or "construction permit") and
attached hereto as Exhibit
1. 35 Ill.Adm.Code §§ 105.210(a) and (b). Petitioner received the
construction permit on June 25, 2008.
See
Exhibit 1. Pursuant to Sections 39(a) and 40(a)(l) of
the Act, 35 Ill.Adm.Code §§ 105.206(a) and 105.208(a), this Petition is timely filed with the
Board.
1 Application No. 08020075.
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Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
In support of its Petition to appeal Conditions 1.1(b)(i), 1.4(a), 1.6-1(a)(iii), 1.6-2(a)(ii),
1.7(e)(v), 1.7(e)(vii), 1.7(e)(viii), 1.8(b), 1.9-1, 1.9-2(a)(i), 1.9-2(a)(ii), 1.9-2(a)(iii)(A), 1.9-2(b),
1.9-2(c), 1.9-2(d), 1.9-3, 1.10-1., and 1.10-2
of the construction permit issued June 19,2008, for
Units 1 and 2
of the Baldwin Energy Complex, Petitioner states as follows:
I. BACKGROUND
(35 I1I.Adm.Code § 105.304(a))
1.
The Baldwin Energy Complex ("Baldwin"), Illinois Environmental Protection
Agency ("Agency")
J.D. No. I57851AAA, is an electric generating station owned and operated
by Dynegy Midwest Generation, Inc. The Baldwin electrical generating units ("EGUs") went
online between roughly 1969 and 1975. The Baldwin Energy Complex is located at
10901
Baldwin Road, Baldwin, Randolph County, Illinois. Randolph County is attainment for all
National Ambient Air Quality Standards except fine particulate matter ("PM2.5"). Randolph
Township, where Baldwin is located,
is part of the Metro-East/St. Louis PM2.5 nonattainment
area. Dynegy employs approximately
175 people at Baldwin.
2.
Dynegy operates three coal-fired boilers at Baldwin, but only two boilers, Units 1
and
2, are the subject of this appealed construction permit. Units 1 and 2, whose principal fuel is
coal, fire oil
as auxiliary fuel during startup and for flame stabilization. Certain alternative fuels
may be utilized in Units 1 and 2 as well. Baldwin operates associated coal handling, coal
processing, and ash handling equipment and systems in conjunction with Units 1 and
2.
3.
Baldwin is a major source subject to the Clean Air Act Permitting Program
("CAAPP") (415 ILCS 5/39.5). The Agency issued a CAAPP permit to Dynegy for Baldwin on
September 29, 2005. Subsequently, on November
2, 2005, Dynegy timely appealed the CAAPP
permit for Baldwin at PCB 06-063. The Board accepted the appeal for hearing on November
17,
2005. On February 16,2006, the Board found that, pursuant to Section 10-65(b) of the
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Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Administrative Procedure Act (5 ILCS 100/l0-65(b)) ("APA") and the holding in
Borg-Warner
Corp.
v.
Mauzy,
427 N.E. 2d 415 (Ill.App.Ct. 1981), the CAAPP permit is stayed, upon appeal,
as a matter
of law. Order,
Dynegy Midwest Generation, Inc. (Baldwin Energy Complex)
v.
Illinois Environmental Protection Agency,
PCB 06-063 (February 16, 2006), p. 2. Baldwin is
subject to the federal Acid Rain Program at Title IV
of the Clean Air Act and has been issued a
Phase
II Acid Rain Permit.
4.
Dynegy entered into a Consent Decree in the matter of the
United States of
America, et al.
v.
Dynegy Midwest Generation, et al.,
Case No. 99-833-MJR in the United States
District Court for the Southern District
of Illinois (the "Consent Decree"). Applicable provisions
in the Consent Decree must be reflected in permits issued to Dynegy. Dynegy'soperation
of the
Baldwin Energy Complex must comply with the provisions
of the Consent Decree as well as
with applicable law and regulations.
5.
Relevant to this appeal, emissions of sulfur dioxide ("S02") from Units 1 and 2
are currently controlled by limiting the sulfur content
of the fuel used for the boilers. Particulate
matter ("PM") emissions from Units 1 and 2 are currently controlled by electrostatic
precipitators ("ESPs") with a flue gas conditioning system as needed.
II. REQUEST FOR PARTIAL STAY OF THE PERMIT
6.
Historically, the Board has granted partial stays in permit appeals where a
petitioner has
so requested.
See, e.g., Dynegy Midwest Generation, Inc. (Baldwin Energy
Complex)
v.
Illinois Environmental Protection Agency,
PCB 08-066 (May 15, 2008) (granted
stay
of the portions of the permit contested by Dynegy);
Midwest Generation, LLC, Will County
Generating Station
v.
Illinois Environmental Protection Agency,
PCB 06-156 (July 20, 2006)
(granted stay
of the effectiveness of contested conditions of a construction permit);
Dynegy
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Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Midwest Generation, Inc. (Vermilion Power Station)
v.
Illinois Environmental Protection
Agency,
PCB 06-194 (October 19,2006) (granted stay
"of the portions of the permit Dynegy
contests");
Dynegy Midwest Generation,
Inc. (Havana Power Station)
v.
Illinois Environmental
Protection Agency,
PCB 07-115 (October 4, 2007) (same);
Hartford Working Group
v.
Illinois
Environmental Protection Agency,
PCB 05-74 (November 18, 2004) (granted stay
of the
effectiveness
of Special Condition 2.0 of an air construction permit);
Community Landfill
Company
and City ofMorris
v.
Illinois Environmental Protection Agency,
PCB 01-48 and 01-49
(Consolidated) (October
19, 2000) (granted stay of effectiveness of challenged conditions for
two permits
of two parcels of the landfill);
Allied Tube
&
Conduit Corp.
v.
Illinois
Environmental Protection Agency,
PCB 96-108 (December 7, 1995) (granted stay
of the
effectiveness
of Conditions 4(a), 5(a), and 7(a) of an air permit).
7.
Dynegy will suffer irreparable harm and the environment will not receive the
benefit
of the pollution control facilitated by the baghouse, scrubber, and sorbent injection
systems
if Dynegy is not allowed to construct and operate these systems at the Baldwin Energy
Complex. Dynegy is required by the Consent Decree to construct the baghouses and scrubbers
for Units 1 and 2 and have those systems operational on either one
of the two units by December
31, 2011, with the second unit required to have those systems operational by December 31, 2012.
Dynegy'srequest for stay
of the contested language would provide the necessary and appropriate
authorizations to install and operate these systems in a manner to protect the environment while
allowing Dynegy to exercise its right to an appeal under Section 40(a)
of the Act.
8.
Dynegy requests in this instance that the Board exercise its inherent discretionary
authority to grant a partial stay
of the construction permit, staying only those conditions or
portions
of conditions indicated in Exhibit 2,
i.
e.,
Conditions 1.1 (b)(i), 1.4(a), 1.6-1 (a)(iii), 1.6-
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Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
2(a)(ii), 1.7(e)(v), 1.7(e)(vii), 1.7(e)(viii), 1.8(b), 1.9-1, 1.9-2(a)(i), 1.9-2(a)(ii), 1.9-2(a)(iii)(A),
1.9-2(b), 1.9-2(c), 1.9-2(d), 1.9-3, 1.10-1, and 1.10-2. In the alternative,
if the Board believes
that it must stay the entirety
of an appealed condition rather than only the portions of the
condition where so indicated in Exhibit 2, Dynegy requests that the Board stay the entirety
of
each of the conditions identified in Exhibit 2.
III. ISSUES ON APPEAL
(35 IIl.Adm.Code §§ l05.210(c»
9.
The issues raised in the conditions appealed herein fall into several categories.
One category addresses inclusion
of provisions for which the Agency has no underlying
authority to require. A second category
of issues concerns the Agency'streatment of the
mercury rule adopted by the Board at
35 Ill.Adm.Code Part 225. Dynegy also appeals provisions
that were appealed in the CAAPP appeal, PCB 06-063, or are otherwise CAAPP-related.
Dynegy objects to certain testing, recordkeeping, and reporting provisions in the permit and has
other general objections.
A.
The Agency Has Inappropriately Required Operation and Maintenance Plans
Without Authority to Do So - Conditions 1.6-1(a)(iii), 1.6-2(a)(ii), 1.9-2(a)(i), 1.9-
2(a)(ii), 1.9-2(b), 1.9-2(c), 1.9-3(a), 1.9-3(c), 1.10-2(a).
10.
Condition 1.6-2(a)(ii) requires that Dynegy "operate and maintain the baghouse
systems for the affected boiler in accordance with a written Operation and Maintenance Plan for
PM Control ["PM O&M Plan"] maintained by the Permittee pursuant to Condition 1.9-
2(b)(i)(A)." Condition 1.9-2(b)(i)(A) requires Dynegy to create the written PM O&M Plan
referenced in Condition 1.6-2(a)(ii). Condition 1.9-2(b)(i) is generally related to the PM O&M
Plan required by Condition 1.9-2(b)(i)(A). Condition 1.9-3(a) requires recordkeeping related to
the PM O&M Plan. There is no applicable requirement in the Act, the Board'sregulations, or
other source
of authority that Dynegy develop a PM O&M Plan.
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Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
11.
Therefore, the requirement in Condition 1.6-2(a)(ii) that Dynegy operate the
baghouse systems on the affected boilers pursuant to this PM O&M Plan, the requirement in
Conditions 1.9-2(b) and 1.9-3(a) that it keep records related to the PM O&M Plan and submit
them to the Agency, and the related reporting requirements
of Condition 1.1 0-2(a) are beyond
the scope
of the Agency's authority to require, are arbitrary and capricious, and should be
deleted from the permit. Dynegy requests that the Board order the Agency to delete Conditions
1.6-2(a)(ii), 1.9-2(b), 1.9-3(a), and 1.10-2(a) from the permit. Further, Dynegy requests that the
Board stay the effectiveness
of Conditions 1.6-2(a)(ii), 1.9-2(b), 1.9-3(a), and 1.1 0-2(a), as set
forth in Exhibit
2, during the pendency of this appeal.
12.
Likewise, there is no authority in the Act, the Board'sregulations, or other source
of authority for the Agency to require a written Operation and Maintenance Plan for S02 Control
("S02 O&M Plan"). Condition 1.6-1 (a)(iii) requires operation and maintenance of the S02
control systems on the affected boilers pursuant to this S02 O&M Plan as required by Condition
1.9-2(c)(iii)(A). Condition 1.9-2(c) is generally related to the
S02 O&M Plan required by
Condition 1.902(c)(i)(A). Condition 1.9-3(c) also addresses recordkeeping related to the
S02
O&MPlan.
13.
Conditions 1.6-1(a)(iii), 1.9-2(c), and 1.9-3(c) exceed the scope of the Agency's
authority to require, are arbitrary and capricious, and should be deleted from the permit. Dynegy
requests that the Board stay the effectiveness
of Conditions 1.6-1(a)(iii), 1.9-2(c), and 1.9-3(c),
as set forth in Exhibit
2, during the pendency of this appeal.
14.
Conditions 1.9-2(a)(i)(A) and (B) are recordkeeping provisions that refer to
Condition 1.6-2(a). Condition 1.6-2(a) refers to paragraphs 83, 84, and 87
of the Consent
Decree. Likewise, Conditions 1.9-2(a)(ii)(A) and (B) are recordkeeping provisions that refer to
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Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Condition 1.6-1 (a). Condition 1.6-1 (a) refers to paragraph 69 of the Consent Decree.
Paragraphs 69, 83, 84, and 87
of the Consent Decree do not require recordkeeping.
15.
Therefore, the Agency has no authority to require the records identified in
Conditions 1.9-2(a)(i) and (ii). These conditions are arbitrary and capricious and should be
deleted from the permit. Dynegy requests that the Board stay Conditions 1.9-2(a)(i) and (ii), as
set forth in Exhibit 2, during the pendency
of this appeal.
B.
The Agency Has Inappropriately Included Provisions Whose Only Purpose Is to
Implement the Mercury Rule - Conditions 1.4(a), 1.8(b), 1.9-1, 1.9-2(a)(iii)(A), 1.9-
2(d), 1.9-3(b), and 1.10-2(b).
16.
On March 14, 2006, the Agency submitted a proposed rulemaking to the Board,
"In the Matter Of: Proposed
New 35 Ill.Adm.Code 225 Control of Emissions from Large
Combustion Sources," docketed at R06-25 ("the mercury rule"). The Board adopted this rule
on
December 21, 2006. The mercury rule includes some provisions in Subpart A of Part 225 and all
of Subpart B of Part 225. The initial compliance date for the mercury rule is July 1,2009. 35
Ill.Adm.Code § 225.230(a)(l).
If a company decides to opt in to the Multi-Pollutant Standard
("MPS") provisions
of Section 225.233, however, the initial compliance date for the mercury
emissions limitation is January
1,2015. 35 Ill.Adm.Code § 225.233(d)(l). A company is not
required to notify the Agency of its intention to opt in prior to December 31, 2007. 35
Ill.Adm.Code § 225.233(b).
Ifa company decides to opt in to the MPS set forth in Section
225.233, it must install and operate sorbent injection systems
on its EGUs by July 1, 2009, or
December
31,2009, as applicable. 35 Ill.Adm.Code § 225.233(c)(l)(A). Otherwise, the
mercury rule does not require sorbent injection systems. The mercury rule requires that Dynegy
submit applications to revise its CAAPP permits to implement the mercury rule by December 31,
2008. 35 Ill.Adm.Code § 225.220(a)(2)(A).
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Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
17.
Dynegy did, indeed, opt in to the MPS. However, the construction permit
appealed here does not trigger any
of the requirements of the mercury rule or the MPS prior to
the dates included in the rules, and,
as stated above, implementation of the mercury rule is
required through CAAPP permits. The construction permit appealed here is not, and the
application for this construction permit cannot be construed to be an application for, an
amendment to the CAAPP permit for Baldwin to satisfy the requirements
of 35 Ill.Adm.Code §
225.220(a)(2)(A). Yet the Agency has imposed requirements in the construction permit that go
far beyond Dynegy's simple request to install and operate a sorbent injection system. Some of
these requirements imply that the Agency intends to implement the mercury rule at the Baldwin
Energy Complex through this permit.
18.
Specifically, Condition 1.4(a) requires compliance with the mercury emissions
limitations
of Part 225. Condition 1.8(b)(i) requires compliance with "all applicable
requirements
of 35 lAC Part 225" related to monitoring mercury emissions as well as operational
monitoring
of the sorbent injection system. Condition 1.8(b)(ii) requires measurement of the rate
of sorbent injection if the sorbent injection system can be adjusted remotely. Condition 1.9-1
requires Dynegy to maintain records relative to the mercury content of the coal supply.
Condition 1.9-2(a)(iii)(A) requires records regarding sorbent injection. Condition 1.9-2(d)
requires additional records for the sorbent injection system, and Condition 1.9-3(b) requires
Dynegy
to comply with "all applicable recordkeeping requirements ... related to control of
mercury emissions from each affected boiler" and to "maintain records of any emissions data for
mercury collected for an affected boiler
...." Condition 1.10-2(b) requires related reporting.
There are
no applicable requirements relevant to this permit that authorize the Agency to include
these conditions in this permit.
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Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
19.
The installation and operation of the sorbent injection system on each affected
boiler does not, in and
of themselves, require the imposition of mercury limitations, as the
Agency has done in this permit. Rather, mercury control requirements are to be included in a
CAAPP permit. Therefore, the inclusion in this permit
of mercury limitations in Condition
1.4(a), monitoring requirements related to the mercury rule, particularly
of mercury emissions, at
Condition 1.8(b), and the related recordkeeping and reporting conditions are inappropriate and
arbitrary and capricious and should be deleted from the permit.
20.
Condition 1.9-1 is particularly troublesome in a permit where Dynegy applied
merely to install and operate a sorbent injection system on each affected boiler. Condition
1.9-1
requires Dynegy to maintain records regarding the amounts of mercury in its coal supply. The
broad, general requirement stated in Condition
1.9-1 for Dynegy to sample its coal supply for
mercury content and keep records thereof is inappropriate and arbitrary and capricious because
measuring mercury in the coal supply is required under the mercury rule only
if Dynegy chooses
to demonstrate compliance pursuant to Section 225.230(a)(1)(B), the requirement for a 90%
reduction from input mercury.
If Dynegy chooses to comply with Section 225.230(a)(1)(A), on
the other hand, there is no requirement in the mercury rule that the Permittee monitor the
mercury content
of its coal supply. Moreover, monitoring the coal supply is in no way related to
the installation and operation
of the sorbent injection system. It is purely a function of
implementation of the mercury rule.
21.
Condition
1.9-1 is arbitrary and capricious, exceeds the scope of the Agency's
authority
as monitoring the coal supply has no relationship to constructing and installing a
sorbent injection system, exceeds the scope
of the Agency's authority under Section
225.230(a)(1), and should be deleted from the permit.
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* * * * * PCB 2009-009 * * * * *
22.
Condition 1.9-2(a)(iii)(A) requires Dynegy to maintain records regarding the
sorbent being used, the settings for sorbent injection rate, and each period
of time when the
affected boiler is operated and the sorbent injection was not operated. Dynegy does not
understand why the Agency requires such a level
of detail as the settings for the sorbent injection
rate. The MPS requires a minimum sorbent injection rate. Requiring Dynegy to report the
settings on its sorbent injection system associated with the sorbent injection rate is micro-
management. On the other hand,
if Dynegy establishes the settings on its sorbent injection
system as its means
of identifying the sorbent injection rate,
i. e.,
the settings are a surrogate for
the rate, then recording and reporting the settings may be appropriate. However, the condition
does not provide for the development
of such a surrogate; rather, it requires the settings. This
exceeds the scope
of the Agency's authority and is arbitrary and capricious.
23.
For these reasons, Condition 1.9-2(a)(iii)(A)
is arbitrary and capricious and
beyond the scope
of the Agency's authority to require. Dynegy requests that the Board order the
Agency to delete Condition 1.9-2(a)(iii)(A) from the permit.
24.
Most egregious, the Agency has required in Conditions 1.9-1(a) and 1.9-2(d),
recordkeeping related to the mercury rule prior to the date set forth in the Board'srules. The
Agency has absolutely no authority to exceed the requirements
of the Board'sregulations.
Conditions 1.9-1 (a) and 1.9-2(d) are beyond the scope
of the Agency's authority to require and
are, therefore, unlawful. These conditions should be deleted from the permit.
25.
Condition 1.9-3(b)(i) requires maintenance
of "all applicable recordkeeping
requirements
of 35 lAC Part 225 related to control of mercury emissions from each affected
boiler." As discussed above, construction and installation
of a sorbent injection system do not
trigger a requirement
to comply with the mercury rule, and this construction permit is not the
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lawful vehicle for implementing 35 Ill.Adm.Code Part 225, Subparts A and B. Moreover, there
is no qualification included in this condition that reflects the compliance dates
of the mercury
rule. Rather, the recordkeeping requirements
of Subpart B are required, according to this
condition, immediately. Condition
1.9-3(b)(i) is arbitrary and capricious, beyond the scope of
the Agency's authority to require, and unlawful.
It
should be deleted from the permit.
26.
Condition 1.9-3(b)(ii) is particularly unacceptable. As with Conditions 1.9-2(a)
and (d) discussed above, here the Agency requires the Permittee to "maintain records
of any
emission data for mercury collected for an affected boiler"
"[d]uring the period before the
Permittee is required to conduct monitoring for the mercury emissions
of the affected boilers
pursuant to
35 lAC Part 225." Condition 1.9-3(b)(ii). (Emphasis added.) There is no authority
for the Agency to require such monitoring and recordkeeping. Requiring such information
through a permit is inappropriate and unlawful. There is no provision in the Act or any
of the
applicable regulations that authorizes the Agency to include conditions in permits merely to aid
the Agency in gathering data not otherwise required. Condition 1.9-3(b)(ii) is arbitrary and
capricious, not based upon any applicable requirements, beyond the scope
of the Agency's
authority to require, and unlawful.
It
should be deleted from the permit.
27.
Condition
1.1 0-2(b) requires Dynegy to comply with all applicable reporting
requirements
of 35 Ill.Adm.Code Part 225 related to mercury emissions. As with the other
conditions in the permit related to the mercury rule and mercury emissions, this construction
permit is not the lawful vehicle for implementing
35 Ill.Adm.Code Part 225, Subparts A and B.
Condition 1.10-2(b) is, therefore, arbitrary and capricious, beyond the scope of the Agency's
authority to require, and unlawful.
It
should be deleted from the permit.
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Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
28.
Conditions 1.4(a), 1.8(b), 1.9-1, 1.9-2(a)(iii)(A), 1.9-2(d), 1.9-3(b), and 1.10-2(b)
do not reflect any applicable requirements that come within the scope
of what Dynegy has
requested with respect to this permit. Inclusion
of these conditions is unlawful and arbitrary and
capricious and exceeds the scope
of the Agency's authority. These conditions should be deleted
from the permit. Dynegy requests that the Board stay Conditions 1.4(a), 1.8(b), 1.9-1, 1.9-
2(a)(iii)(A), 1.9-2(d), 1.9-3(b), and
1. 10-2(b), as set forth in Exhibit 2, during the pendency of
this appeal.
C.
The Agency Has Included Conditions That Either Were Appealed in PCB 06-063 or
Are CAAPP Requirements and Not Part 201 Requirements - Conditions 1.7(e)(v),
1.7
(e)(vii), 1.7(e)(viii), and 1.10-1.
29.
Conditions 1.7(e)(v) and 1.7(e)(vii) require reporting a number
of other data
during PM testing and Condition 1.7(e)(viii) requires the final report
of PM testing to include
information about condensable PM emissions pursuant to USEPA Method 202. Dynegy
appealed these same requirements in its appeal
of the CAAPP permit issued to the Baldwin
Energy Complex.
See
Appeal of CAAPP Permit, Iiflif 77-82 and 117, respectively, PCB 06-063
(November
3, 2005). The same reasons that Dynegy believes that Method 202 testing is not
applicable to the Baldwin Energy Complex in its CAAPP Appeal apply to this construction
permit. There is nothing in the provisions
of35 Ill.Adm.Code Part 212 that would alter the
applicability
of Method 202 to Baldwin because of the construction permit. Altering the
requirement to include condensable emissions in the Final Test Report does not alter the
requirement for the testing. Likewise, the same reasons that Dynegy objected to the inclusion
of
the requirement to report other data during PM testing continue to apply. The Agency's
inclusion
of Conditions 1.7(e)(v), 1.7(e)(vii), and 1.7(e)(viii) undermines Dynegy'sright to a
hearing on the merits
of this issue in PCB 06-063 and the Board'sdecision in Order 2 staying the
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Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
effectiveness of the CAAPP permit. For these reasons, inclusion of Conditions 1.7(e)(v),
1.7(e)(vii), and 1.7(e)(viii) is beyond the scope
of the Agency's authority to require and arbitrary
and capricious. Dynegy requests that the Board order the Agency to delete Conditions 1.7(e)(v),
1.7(e)(vii), and 1.7(e)(viii) from the construction permit and that it stay the effectiveness
of
Conditions 1.7(e)(v), 1.7(e)(vii), and 1.7(e)(viii), as set forth in Exhibit 2, during the pendency of
this appeal.
30.
Condition 1.10-1 requires deviation reporting. Deviation reporting is a function
of CAAPP permitting.
See
415 ILCS 5/39.5(7)(f)(ii).
It
is not a requirement found in the
permitting requirements
of Section 39 of the Act (415 ILCS 5/39) or the construction permitting
regulations
of 35 Ill.Adm.Code Part 201, the provisions of the Act and regulations under which
this permit was issued. While the pertinent provisions
of this construction permit will eventually
be rolled in to Baldwin's CAAPP permit, the construction permitting rules do not provide for
deviation reporting prior to inclusion
of the pertinent provisions in the CAAPP permit. Although
this construction permit will, indeed, serve
as an operating permit for the pollution control
systems authorized by the permit until such time as the pertinent provisions are transferred to the
CAAPP permit, this construction permit is not a CAAPP permit.
It
is not subject to any of the
CAAPP requirements for permitting. Dynegy acknowledges that some
of the permitting
procedures applicable under Part
201 may be the same or similar to some of the CAAPP
permitting procedures. However, such similarities or overlaps
do not imply that Part 201
permitting is the same as CAAPP permitting in terms of the types of requirements that can be
included in the Part 201 permits.
31.
The Agency has exceeded the scope
of its authority under the Act and the
applicable regulations by requiring deviation reporting in this construction permit. For these
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Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
reasons, Dynegy requests that the Board order the Agency to delete Condition 1.10-1 from the
permit and that it stay the effectiveness
of Condition 1.10-1, as set forth in Exhibit 2, during the
pendency
of this appeal.
D.
The Agency Has Inappropriately Included Certain Testing Provisions - Conditions
1.7(e)(v), 1.7(e)(vii),
and 1.7(e)(viii).
32.
In addition to the testing requirements of Conditions 1.7(e)(v), 1.7(e)(vii), and
1.7(e)(viii) discussed above in Section c
of this petition, the Agency has included other
objectionable testing provisions.
33.
In addition to
Dynegy's objection to the inclusion of Conditions 1.7(e)(v) and
1.7(e)(vii) as discussed above in Section C, Dynegy objects to the provisions of these conditions
specifically relative to this construction permit. Condition 1.7(e)(v) requires Dynegy to provide
various operating data during
PM testing. Condition 1.7(e)(vii) requires that Dynegy provide
sulfur oxide
("Sax"), nitrogen oxide ("NOx"), oxygen ("02") or carbon dioxide ("C02"), and
opacity data during
PM testing. Operation of an electric generating station depends upon many
variables - ambient air temperature, cooling water supply temperature, fuel supply, equipment
variations, and so forth. Using operational and other emissions data during
PM testing as some
type
of monitoring device or parametric compliance data, which appears to be the Agency's
intent by including this provision in the permit, would be inappropriate. For these reasons,
Conditions 1.7(e)(v) and 1.7(e)(vii) are arbitrary and capricious and should be deleted from the
permit. Dynegy requests that the Board stay the effectiveness
of Conditions 1.7(e)(v) and
1.7(e)(vii), as set forth in Exhibit
2, during the pendency of this appeal.
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Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
E.
The Agency Has Included an Unnecessary Provision in the Permit - Condition
1.1(b)(i).
34.
Condition 1.1 (b)(i) states, in part, that this permit does not address NOx
emissions. As Dynegy did not apply for a permit to construct any equipment that would affect
NOx emissions, there is no reason why the permit should address NOx. The statement is
unnecessary and extraneous and should be deleted from the permit.
35.
For the reasons set forth above, Dynegy requests that the Board order the Agency
to delete a portion
of Condition 1.1 (b)(i) as unnecessary to the permit. Dynegy requests that this
partial condition be stayed during the pendency
of this appeal, as set forth in Exhibit 2.
However,
if the Board finds that it may not stay only a portion of a condition, then Dynegy
requests that the Board not stay the identified portion
of Conditions 1.1 (b)(i).
WHEREFORE, for the reasons set forth above, Dynegy appeals Conditions
1.1 (b)(i),
1.4(a), 1.6-1(a)(iii), 1.6-2(a)(ii), 1.7(e)(v), 1.7(e)(vii), 1.7(e)(viii), 1.8(b), 1.9-1, 1.9-2(a)(i), 1.9-
2(a)(ii), 1.9-2(a)(iii)(A), 1.9-2(b), 1.9-2(c), 1.9-2(d), 1.9-3, 1.10-1, and 1.10-2
of the construction
permit issued June 19, 2008, for the Baldwin Energy Complex. Additionally, Dynegy requests
that the Board stay all or the portions
of the conditions appealed above, as set forth in Exhibit 2.
In the event the Board believes it cannot stay part
of a condition, Dynegy requests that the Board
not stay Condition
1.1 (b)(i). Dynegy will extend its current practices of recordkeeping and
reporting to the new pollution control systems and will,
of course, comply with all requirements
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Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
of the Consent Decree and the Board'sregulations applicable to these new pollution control
systems during the pendency
of this appeal.
Respectfully submitted,
DYNEGY MIDWEST GENERATION, INC.
(BALDWIN ENERGY COMPLEX)
by:
Dated: July 29, 2008
Kathleen
C. Bassi
Stephen
J. Bonebrake
Sheldon
A. Zabel
SCHIFF HARDIN, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
312-258-5500
Fax: 312-258-2600
kbassi@schiffhardin.com
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Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Exhibit 1
Construction Permit
1
Issued to
Dynegy Midwest Generation, Inc.
(Baldwin Energy Complex, Units 1 and
2)
(June
19, 2008)
1 Please note that the permit as issued by Illinois EPA contained two copies of Conditions 1.1 (a)
and (b), exactly as provided here. Dynegy views this as merely a reproduction error at Illinois EPA and to
not have any substantive implications for the permit.
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
•
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVENUE EAST, P.O. Box 19506, SPRINGFiElD, ILLINOIS 62794-9506 - ( 217) 782-2113
ROD R. BLAGOJEVICH, GOVERNOR
DOUGLAS P. SCOTT, DIRECTOR
217/782-2113
CONSTRUCTION PERMIT
PERMITTEE
Dynegy Midwest Generation, Inc.
Attn: Rick Diericx
604 Pierce Blvd.
O'Fallon, Illinois 62269
Baldwin Road, Baldwin, Randolph County
I.D. No.: 157851AAA
Date Received: February 29, 2008
and Sorbent Injection Systems for Units 1 and 2
Application No.:
0802007~
Applicant's Designation:
Subject: Baghouse, Scrubber
Date Issued: June 19, 2008
Location: Baldwin Energy Complex, 10901
Permit is hereby granted to the above-designated Permittee to CONSTRUCT
equipment consisting of a baghouse, scrubber, and sorbent injection systems
for Unit 1 and Unit 2 boilers and associated installation of booster fans, as
described in the above referenced application. This Permit is subject to
standard conditions attached hereto and the following special condition(s):
1.1
Introduction
a.
This Permit authorizes construction of a baghouse system
(Baghouses A and B), scrubber system (Scrubbers A and B), and
sorbent injection.system for each of the two existing Unit 1 and
2 boilers (the affected boilers) to supplement the existing
emission control systems for the boilers. The new baghouse
systems, scrubber systems, and sorbent injection systems would
further process the flue gas from these existing coal-fired
boilers, which are equipped with electrostatic precipitators
(ESP). This permit also authorizes installation of booster fans
to compensate for the additional pressure drop from these new
control systems.
b.
i.
This permit is issued based on this project being an
emissions control project, whose purpose and .effect will be
to reduce emissions of sulfur dioxide (
S0
2) , particulate
matter (PM), and mercury from the affected boilers and
which will not increase emissions of other PSD pollutants.
Accordingly, this permit does not address applicable
requirements for emissions of nitrogen oxides (NO
x
) ,
as the
current project does not include any changes to control
measures for NO
x
emissions.
ii.
This permit is issued based on the receiving, storage and
handling of limestone and activated carbon for the new
control systems each qualifying as insignificant
activities, with each having annual emissions of PM in the
absence of control equipment that would be no more than
0.44 tons, so that these activities need not be addressed
PRINTED ON
RECYCLED
PAPER
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
217/782-2113
CONSTRUCTION PERMIT
PERMITTEE
Dynegy Midwest Generation, Inc.
Attn: Rick Diericx
604 Pierce Blvd.
O'Fallon, Illinois 62269
Baldwin Road, Baldwin, Randolph County
I.D. No.: 157851AAA
Date Received: February 29, 2008
and Sorbent Injection Systems for units 1 and 2
Application
No.: 08020075
Applicant's Designation:
Subject: Baghouse, Scrubber
Date Issued:
Location: Baldwin Energy Complex, 10901
Permit is hereby granted to the above-designated Permittee to CONSTRUCT
e.quipment consisting of a baghouse, scrubber, and sorbent injection systems
for Unit 1 and Unit 2 boilers and associated installation of booster fans, as
described in the above referenced application. This Permit is subject to
standard conditions attached hereto and the following special condition(s) :
1.1
Introduction
a.
This Permit authorizes construction of a baghouse system
(Baghouses A and B), scrubber system (Scrubbers A and B), and
sorbent injection system for each of the two existing Unit 1 and
2 boilers (the affected boilers) to supplement the existing
emission control systems for the boilers. The new baghouse
systems, scrubber systems, and sorbent injection systems would
further process the flue gas from these existing coal-fired
boilers, which are equipped with electrostatic precipitators
(ESP). This permit also authorizes installation of booster fans
to compensate for the additional pressure drop from these new
control systems.
b.
i.
This permit is issued based on this project being an
emissions control project, whose purpose and effect will be
to reduce emissions of sulfur dioxide (S02), particulate
matter (PM), and mercury from the affected boilers and
which will not increase emissions of other PSD pollutants.
Accordingly, this permit does not address applicable
requirements for emissions of nitrogen oxides (NO
x
), as the
current project does not include any changes to control
measures for NO
x
emissions.
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 2
ii.
This permit is issued based on the receiving, storage and
handling of limestone and activated carbon for the new
control systems each qualifying as insignificant
activities, with each having annual emissions of PM in the
absence of control equipment that would be no more than
0.44 tons, so that these activities need not be addressed
by this permit. This does not affect the Permittee's
obligation to comply with all applicable requirements that
apply to the receiving, storage and handling of these
materials.
c.
This permit does not authorize any modifications to the existing
boilers or generating units, which would increase their capacity
or potential emissions.
d.
This permit does not affect the terms and conditions of the
existing permits for the boilers or generating units.
Note: These existing permits do not necessarily provide a
comprehensive list of the emission standards and other regulatory
requirements that currently apply to the unit 1 and 2 boilers.
e.
i.
This permit does not affect requirements for the affected
boilers established by the Consent Decree in
United States
of
America and the State
of
Illinois, American Bottom
Conservancy, Health and Environmental Justice-St. Louis,
Inc., Illinois Stewardship Alliance, and Prairie Rivers
Network, v. Illinois Power Company and Dynegy Midwest
Generation Inc.,
Civil Action No. 99-833-MJR, U.S. District
Court, Southern District of Illinois (Decree), which is
incorporated by reference into this permit.
(Refer to
Attachment 1.)
ii.
For the purposes of applicable compliance dates in certain
provisions of the Decree, unless the Permittee notifies the
Illinois EPA of a change in the compliance schedule for the
Baldwin Station, Baldwin Unit 3 will be the "First Baldwin
Unit", Baldwin Unit 1 is will be the "Second Baldwin Unit",
and Baldwin Unit 2 will be the "Third Baldwin Unit," which
reflects the order in which the Permittee currently plans
for the new control systems required by the Decree to
initially commence operation.
1.2
Applicability Provisions
a.
The "affected boilers" for the purpose of these unit-specific
conditions are the existing Unit 1 and Unit 2 boilers after the
initial startup of the new emissions control systems, as
described in Condition 1.1.
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* * * * * PCB 2009-009 * * * * *
Page 3
b.
For purposes of certain conditions related to the Decree, the
affected boilers are also part of a nUnit" as defined by
Paragraph SO of the Decree.
1.3
Applicable Emission Standards and Limits for the Affected Boilers
a.
The affected boilers shall comply with applicable emission
standards under Title 35, subtitle B, Chapter I, Subchapter c of
the Illinois Administrative Code.
1.4
Future Applicable Emission Standards and Limits
a.
The Permittee shall comply with applicable emission standards and
requirements related to the mercury emissions of the affected
boilers pursuant to 35 lAC Part 225, Subpart B, by the applicable
dates specified by these rules.
b.
The S02 emission rate of affected boilers shall be no greater than
the limit specified in paragraph 66 of the Decree, i.e., 0.100
Ib/mmBtu, 30-day rolling average, by the applicable date
specified in Paragraph 66, i.e., no later than December 31
st
of
2010, 2011 or 2012, as it is the "First Baldwin Unit", "Second
Baldwin Unit", or "Third Baldwin Unit" for purposes of the
Decree. (This date is referred to as S02 compliance dates for the
units). Compliance with this limit shall be determined in
accordance with the provisions in Paragraphs 4 and 82 of the
Decree.
Note: The S02 emission rate for the affected boilers pursuant to
the Decree, when it takes effect, will be more stringent than the
current applicable site-specific standard of 6.0 Ib/mmBtu.
[Refer to 40 CFR 52.720(c) (71), which incorporates by reference
the S02 emission limits within Paragraph 1 of Illinois Pollution
Control Board Final Order PCB 79-7, which was adopted September
8, 1983.]
c.
The PM emission rate of the affected boilers shall be no greater
than the limit specified in Paragraph 85 of the Decree, i.e.,
0.015 Ib/mmBtu, by the applicable date specified in Paragraph 85,
i.e., no later than December 31
st
of 2010, 2011 or 2012, as it is
the nFirst Baldwin Unit", "Second Baldwin Unit", or "Third
Baldwin unit" for purposes of the Decree. (This date is referred
to as PM compliance date for a Unit.) Compliance with this limit
shall be determined in accordance with the provisions in
paragraphs 90 and 97 of the Decree.
Note: The PM emission rate for the affected boilers pursuant to
the Decree, when it takes effect, will be more stringent than the
current applicable state rule limit of 0.2 Ib/mmBtu pursuant to
35 lAC 212.203(a).
1.5
Non-applicability Provisions
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* * * * * PCB 2009-009 * * * * *
Page 4
None
1.6-1
Work Practices and Operational Requirements for 80
2
Control Devices
a.
i.
Effective no later than the 80
2
compliance date for a unit
(see Condition 1.4(b», the Permittee shall operate and
maintain the scrubber systems authorized by this permit for
the affected boilers in accordance with Paragraph 69 of the
Decree.
Note: If a unit is not operating on the 80
2
compliance
date, this requirement would become applicable on the first
subsequent operating day of the unit.
1.6-2
ii.
Effective no later than the 80
2
compliance date for a Unit
(see Condition 1.4(b», the Permittee shall not operate the
affected boilers and units unless the requirements of
Paragraph 66 of the Decree with respect to addition of a
flue gas desulfurization system (such as the scrubber
systems authorized by this permit) or an equivalent 80
2
control technology to the affected boilers have been
fulfilled.
iii. The Permittee shall operate and maintain the additional 80
2
control system on the affected boilers in accordance with a
written Operation and Maintenance Plan for 80
2
Control
maintained by the Permittee pursuant to Condition 1.9-
2 (c)
(i)
(A) •
Work Practices and Operational Requirements for PM Control Devices
a.
i.
Effective no later than the PM compliance date for a Unit
(see Condition 1.4(c», the Permittee shall operate and
maintain the baghouse systems authorized by this permit for
the affected boilers in accordance with Paragraphs 83, 84
and 87 of the Decree.
ii.
The Permittee shall operate and maintain the baghouse
systems for the affected boilers in accordance with a
written Operation and Maintenance Plan for PM Control
maintained by the Permittee pursuant to Condition 1.9-
2 (b)
(i)
(A) •
1.7
Testing Requirements
a.
i.
The Permittee shall have testing conducted to measure the
PM emissions from each affected boiler in accordance with
the requirements of Paragraphs 89 and 119 of the Decree
with respect to the timing of PM emission tests.
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* * * * * PCB 2009-009 * * * * *
Page 5
ii.
The Permittee shall also have testing conducted to measure
the PM emissions from an affected boiler within 90 days
following receipt of a request by the Illinois EPA for such
measurements or such later date set by the Illinois EPA.
b.
i.
These measurements shall be performed in the maximum
operating range of the affected boilers and otherwise under
representative operating conditions.
ii.
The methods and procedures used for measurements to
determine compliance with the applicable PM emission
standards and limitations shall be in accordance with
Paragraph 90 of the Decree.
c.
Except for minor deviations in test methods, as defined by 35 lAC
283.130, emission testing shall be conducted in accordance with a
test plan prepared by the testing service or the Permittee {which
shall be submitted to the Illinois EPA for review at least 60
days prior to the actual date of testing} and the conditions, if
any, imposed by the Illinois EPA as part of its review and
approval of the test plan, pursuant to 3S lAC 283.220 and
283.230. Notwithstanding the above, a test plan need not be
submitted to the Illinois EPA if emissions testing is conducted
in accordance with the procedures used for previous testing
accepted by the Illinois EPA or the previous test plan submitted
to and approved by the Illinois EPA, provided, however, that the
Permittee's notification for testing, as required below, contains
the information specified by 3S lAC 283.220{d} (1) (A), (B) and
(C) •
d.
The Permittee shall notify the Illinois EPA prior to conducting
PM emission testing to enable the Illinois EPA to observe
testing. Notification for the expected test date shall be
submitted a minimum of 30 calendar days prior to the expected
date of testing. Notification of the actual date and expected
time of testing shall be submitted a minimum of 5 working days
prior to the actual test date. The Illinois EPA may on a case-
by-case basis accept shorter advance notice if it would not
interfere with the Illinois EPA's ability to observe testing.
e.
The Permittee shall submit the Final Report(s) for this PM
emission testing to the Illinois EPA within 4S calendar days of
completion of testing, which report{s) shall include the
following information:
i.
The name and identification of the affected unit and the
results of the tests.
ii.
The name of the company that performed the tests.
iii. The name of any relevant observers present including the
testing company's representatives, any Illinois EPA or
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* * * * * PCB 2009-009 * * * * *
Page 6
USEPA
representatives, and the representatives of the
Permittee.
iv.
Description of test method(s), including description of
sampling points, sampling train, analysis equipment, and
test schedule, including a description of any minor
deviations from the test plan, as provided by 35 lAC
283.230 (a) .
v.
Detailed description of operating conditions during
testing, including:
A.
Operating information for the affected boiler, i.e.,
firing rate of the boiler (mmBtu/hour) and
composition of fuel as burned (ash, sulfur and heat
content) .
B.
Combustion system information, i.e., settings for
distribution of primary and secondary combustion air,
settings for O
2
concentration in the boiler, and
levels of CO in the flue gas, if determined by any
diagnostic measurements.
C.
Control equipment information, i.e., equipment
condition and operating parameters during testing,
including any use of the flue gas conditioning
system.
D.
Load during testing (gross megawatt output) .
vi.
Data and calculations, including copies of all raw data
sheets and records of laboratory analyses, sample
calculations, and data on testing equipment calibration.
vii. The 80
2
and NO
x
emissions (hourly averages), opacity data
(6-minute averages), and O
2
or
CO
2
concentrations (hourly
averages) recorded during testing by the continuous
monitoring systems.
viii. The emissions of condensable PM during testing, either as
measured by USEPA Method 202 (40 CFR Part 51, Appendix M)
or other established test method approved by the Illinois
EPA during testing for PM or based on other representative
emissions testing, with supporting data and explanation.
1.8
Monitoring Requirements
a.
The Permittee shall operate and maintain continuous monitoring
equipment to measure the following operating parameters of the
baghouse system on each affected boiler:
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* * * * * PCB 2009-009 * * * * *
Page 7
i.
The temperature of the flue gas at the inlet of the system
(hourly average) .
ii.
The pressure drop across the system (hourly average) .
b.
i.
Beginning no later than the applicable dates specified by
35 lAC Part 225, the Permittee shall comply with all
applicable requirements of 35 lAC Part 225, related to
monitoring, including monitoring of mercury emissions from
the affected boiler and operational monitoring for the
sorbent injection system.
ii.
If the sorbent injection system can be adjusted remotely by
the personnel in the control room, the Permittee shall
install, operate, and maintain instrumentation for
measuring the rate of sorbent injection for the affected
boiler and the operational status of the system.
1.9-1 Recordkeeping Requirements for the Coal Supply for the Affected
Boilers
a.
During the period before recordkeeping is required pursuant to 35
lAC Part 225, the Permittee shall keep records of data for the
mercury and heat content of the coal supply to the affected
boilers, with supporting data for the associated sampling and
analysis methodology, so as to have data for the mercury content
of the coal supply to the boilers that could be correlated with
any mercury emission data collected for the boilers. The
analysis of the coal for mercury content shall be conducted using
appropriate ASTM Methods as specified in 35 lAC Part 225 or other
standard methods.
1.9-2
Records for Control Devices and Control Equipment
The Permittee shall maintain the following records for the baghouse,
scrubber, and sorbent injection system on each affected boiler:
a.
i.
Records for the Baghouse System
A.
Records for the operation of the baghouse system
that, at a minimum:
(1) Identify the trigger for bag
cleaning, e.g., manual, timer, or pressure drop; (2)
Identify each period when the Unit was in operation
and the baghouse system was not being operated or was
not operating effectively; (3) Identify each period
when any baghouse compartment(s) have been taken out
of regular service, with the identity of the
compartment(s) and explanation; and (4) Address the
implementation of the operating procedures related to
the baghouse system that are required to be or are
otherwise implemented pursuant to Condition 1.6-2(a).
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* * * * * PCB 2009-009 * * * * *
Page 8
B.
Records for maintenance and repair for the baghouse
system that, at a minimum:
(1) List the activities
performed, with date and description, and (2) Address
the maintenance and repair activities related to the
baghouse system that are required to be or are
otherwise implemented pursuant to Condition 1.6-2(a).
ii.
Records for the Scrubber System
A.
Records for the operation of the scrubber system
that, at a minimum:
(1) Identify each period when
the affected unit was in operation and associated
scrubber system was not being operated or was not
operating effectively, and (2) Address the
implementation of the operating procedures related to
the scrubber system that are required to be or are
otherwise implemented pursuant to Condition 1.6-1(a).
B.
Records for maintenance and repair for the scrubber
system that, at a minimum:
(1) List the activities
performed, with date and description, and (2) Address
the maintenance and repair activities related to the
scrubber system that are required to be or are
otherwise implemented pursuant to Condition 1.6-1(a).
iii.
Records for the Sorbent
Injectio~
System
A.
Records for the operation of the sorbent injection
system that, at minimum, identify the sorbent
material that is being used, the sorbent injection
rate or setting for sorbent injection rate, each
period when the affected boiler was in operation
without the sorbent injection system being operated
with explanation.
B.
Records for the maintenance and repair of the sorbent
injection system that, at a minimum, list the
activities performed, with date and description.
b.
operation and Maintenance Plan for PM Control
i.
Beginning no later than the PM compliance date for each
affected unit (see Condition 1.4(c», the Permittee shall
maintain the following records related to the procedures
and practices for the baghouse system controlling PM
emissions from the affected boiler:
A.
A written Operation and Maintenance Plan for PM
Control, which shall be kept up to date, that
identifies the specific operating procedures and
maintenance practices (including procedures and
practices specifically related to startups and
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 9
malfunction/breakdown incidents) currently being
implemented by the Permittee for the baghouse system
to satisfy Condition 1.6-2(a) (ii).
B.
Accompanying this record, the Permittee shall
maintain a written demonstration showing that the
above Operation and Maintenance Plan for PM Control
fulfills the requirements of Conditions 1.6-2(a) (i)
and (ii).
ii.
Copies of the records required by Condition 1.9-2(b) (i)
shall be submitted to the Illinois EPA upon request.
iii. Accompanying the records required by Condition 1.9-2(b)
(i),
a file containing a copy of all correspondence and other
written material exchanged with U8EPA that addresses the
procedures and practices that must be implemented pursuant
to Paragraphs 83, 84 and 87 of the Decree. This file shall
be retained for at least three years after the permanent
shutdown of the affected Unit.
c.
Operation and Maintenance Plan for 80
2
Control
i.
Beginning no later than the 50
2
compliance date for each
affected Unit (see Condition 1.4(b», the Permittee shall
maintain the following records related to the procedures
and practices for the scrubber system controlling 80
2
emissions from the boiler:
A.
A written Operation and Maintenance Plan for 80
2
Control, which shall be kept up to date, that
identifies the specific operating procedures and
maintenance practices (including procedures and
practices specifically related to startups and
malfunction/breakdown incidents) currently being
implemented by the Permittee for the scrubber to
satisfy Conditions 1.6-1(a) (iii).
B.
Accompanying this record, the Permittee shall
maintain a written demonstration showing that the
above Operation and Maintenance Plan for 50
2
Control
fulfills the requirements of Conditions 1.6-1(a) (i)
and (ii).
ii.
Copies of the records required by Conditions 1.9-2(c) (i)
shall be submitted to the Illinois EPA upon request.
iii. Accompanying the records required by Condition 1.9-2(c) (i),
a file containing a copy of all correspondence and other
written material exchanged with U8EPA that addresses the
procedures and practices that must be implemented pursuant
to Paragraph 69 of the Decree. This file shall be retained
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 10
1.9-3
for at least three years after the permanent shutdown of
the affected unit.
d.
Specific Records for the Sorbent Injection System
During the period before recordkeeping is required for usage of
sorbent pursuant to 35 IAC Part 225, the usage of sorbent (lbs)
and average sorbent injection rate (lbsloperating hour), on a
monthly basis.
other Recordkeeping Requirements
a.
Records for Lapses in the Implementation of the Operation and
Maintenance Plan for PM Control
Beginning no later than the PM compliance date for each affected
Unit (see Condition 1.4{c», the Permittee shall maintain the
following records, as relevant, for all lapses, i.e., periods or
incidents when applicable action{s) were not taken for the
baghouse system that were specified in the current Operation and
Maintenance Plan for PM Control, as prepared pursuant to
Condition 1.9-2 (b) (i) (A) :
i.
The date of the lapse.
ii.
A description of the lapse, including the specified
action{s) that were not taken; other actions or mitigation
measures that were taken, if any; and the likely
consequences of the lapse as related to emissions, if any.
iii. The time and means by which the lapse was identified.
iv.
If relevant, the length of time after the lapse was
identified and before specified action{s) were taken, or
were no longer applicable and an explanation why this time
was not shorter, including a discussion of the timing of
any mitigation measures that were taken.
v.
If relevant, the estimated total duration of the lapse,
i.e., the total length of time that the affected boilers
ran without the specified action{s) being taken.
vi.
A discussion of the probable cause of the lapse and any
preventative measures taken.
vii. A discussion whether the applicable PM emission limit, as
addressed by Condition 1.4{c), may have been violated,
either during or as a result of the lapse, with supporting
explanation.
b.
Records Related to Mercury Emissions
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 11
i.
The Permittee shall comply with all applicable
recordkeeping requirements of 35 lAC Part 225 related to
control of mercury emissions from each affected boiler.
ii.
During the period before the Permittee is required to
conduct monitoring for the mercury emissions of the
affected boilers pursuant to 35 lAC Part 225, the Permittee
shall maintain records of any emission data for mercury
collected for an affected boiler by the Permittee,
including emissions (micrograms per cubic meter, pounds per
hour, or pounds per million Btu) and control efficiency,
with identification and description of the mode of
operation of the boilers and sorbent injection system.
c.
Records for Lapses in the Implementation of the operation and
Maintenance Plan for 80
2
Control
Beginning no later than .the 80
2
compliance date for each affected
unit (see Condition 1.4(b», the Permittee shall maintain the
following records, as relevant, for all lapses, i.e., periods or
incidents when applicable action(s) were not taken for the
scrubber system that were specified in the current Operation and
Maintenance Plan for 80
2
Control, as prepared pursuant to
Condition 1.9-2 (c) (i) (A) :
i.
The date of the lapse.
ii.
A description of the lapse, including the specified
action(s) that were not taken; other actions or mitigation
measures that were taken, if any; and the likely
consequences of the lapse as related to emissions, if any.
iii. The time and means by which the lapse was identified.
iv.
If relevant, the length of time after the lapse was
identified and before specified action(s) were taken, or
were no longer applicable and an explanation why this time
was not shorter, including a discussion of the timing of
any mitigation measures that were taken.
v.
If relevant, the estimated total duration of the lapse,
i.e., the total length of time that the affected boilers
ran without the specified action(s) being taken.
vi.
A discussion of the probable cause of the lapse and any
preventative measures taken.
vii. A discussion whether the applicable 802 emission limit of
Condition 1.4(b) may have been violated, either during or
as a result of the lapse, with supporting explanation.
1.10-1 Reporting Requirements - Reporting of Deviations
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 12
a.
Prompt Reporting of Deviations
For the affected boilers, the Permittee shall promptly notify the
Illinois EPA of deviations from the requirements of this permit
as follows. At a minimum, these notifications shall include a
description of such deviations, including whether they occurred
during startup or malfunction/breakdown, and a discussion of the
possible cause of such deviations, any corrective actions and any
preventative measures taken.
i.
Notification within 24 hours for a deviation from
requirements related to PM emissions if the deviation is
accompanied by the failure of six or more compartments in
the baghouse system. To the extent that the Permittee has
not completed its investigation into a deviation when the
this notification is made, e.g., the Permittee is still
evaluating possible causes and preventative measures, full
information for the deviation shall be submitted upon
completion of the investigation, with progress reports for
this investigation submitted with the semi-annual reports
below, until full information, as specified in Condition
1.10-1(a), is submitted for the deviation.
ii.
Notification with the semi-annual reports required by
Condition 1.10-2(a) for deviations not addressed above,
including deviations from other applicable requirements,
e.g., work practice requirements, required operating
procedures, required maintenance practices, and
recordkeeping requirements.
b.
Periodic Reporting of Deviations
The semi-annual reports required by Condition 1.10-2(a) shall
include the following information for the affected boilers
related to deviations from permit requirements during the
quarter.
i.
A listing of all instances of deviations that have been
reported in writing to the Illinois EPA as provided by
Condition 1.10-1(a) (i), including identification of each
such written notification or report. For this purpose, the
Permittee need not resubmit copies of these previous
notifications or reports but may elect to supplement such
material.
ii.
Detailed information, as required by Condition 1.10-
l(a) (ii), for all other deviations.
1.10-2 Reporting Requirements - Periodic Reporting
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 13
a.
The Permittee shall submit semi-annual reports to the Illinois
EPA.
i.
These reports shall include a summary of information
recorded during the reporting period pursuant to Condition
1.9-3(a).
ii.
These reports shall include the information for the
affected boilers related to deviations during the quarter
specified by Condition 1.10-1(b).
iii. These reports shall be submitted within 30 days after the
end of each calendar half. For example, the report for the
first half, i.e., January through June, shall be submitted
by July 30.
b.
The Permittee shall comply with all applicable reporting
requirements of 35 lAC Part 225 related to control of mercury
emissions from the affected boilers.
1.11
Authorization for Operation
The Permittee may operate the affected boilers with the new baghouse,
scrubber, and sorbent injection systems under this construction permit
until such time as final action is taken to address these systems in
the CAAPP permit for the source provided that the Permittee submits an
appropriate application for CAAPP permit, which incorporates new
requirements established by this permit within one year (365 days) of
beginning operations of the affected boilers with these systems.
If you have any questions concerning this permit, please contact Kunj Patel
or Christopher Romaine at 217/782-2113.
Edwin C. Bakowski, P.E.
Acting Manager, Permit Section
Division of Air pollution Control
ECB : CPR: KMP : j ws
cc:
Region 3
Date Signed:
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Attachment 1:
Consent Decree:
United States
of
America and the State
of
Illinois, American Bottom
Conservancy, Health and Environmental Justice-St. Louis, Inc., Illinois
Stewardship Alliance, and Prairie Rivers Network, v. Illinois Power Company
and Dynegy Midwest Generation Inc.,
Civil Action No. 99-833-MJR, U.S.
District Court, Southern District of Illinois
1.
Original Consent Decree,
entered May 27, 2005
2.
Order, Modifying
the Consent
Decree,
entered November 21,
2005
3.
Order,
Modifying the
Consent
Decree,
entered
August 9,
2006
4.
Order,
Modifying
the Consent Decree,
entered
October 26,
2006
5.
Order,
Modifying
the Consent Decree,
entered January 12, 2007
6.
Order,
Modifying
the Consent
Decree,
entered
December 19,
2007
KMP:jw~
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 2
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
Plaintiff. IntelVellors,
UNITED STATES OF A"MBRICA
ILLINOIS POWER COMPAJ.'Nand
DYNEGY :MIDWEST GENERATION,
INC.,
Civil Action No. 99-833-MJR
Plaintiff)
and
Defendants.
v.
)
)
)
)
)
)
THE STATE OF ILLINOIS, AMERICAN )
BOTIOM CONSERVANCY, HEALTH
)
AND ENVlRONMEr\l'fALJUSTICE -
)
ST.
LOUIS, INC., ILLINOIS
)
STEWARDSHIP ALLIANCE, and
)
PRAIRIE RIVERS NETWORK
)
)
)
)
)
)
)
)
)
)
)
-------~----)
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 3
TABLE OF CONTENTS
I. Jurisdiction and Venue
4
n. Applicability
5
m. Definitions ..................•..........• , .........................•.•..... 6
IV. NO
x
Emission Reductions and Controls ......................................•. 15
A. N0
lt
Emission Controls
,
15
B. System.Wide Annual TOlmage Limitations forN0
lt
•••••••••••••••••••••••••
16
C. Use ofNOli AUo\\rallces ..............................•................ 17
D. NO
x
Provisions. Improving Other Units
,
18
E. General
NO~
Provisions
19
V. S02 Emission Reductions and Controls
19
A. S02 Emission Limitations and Control Requirements
19
B. System-Wide Arumal Tonnage Limitations for SO:! .....................•....21
C.
S1UTender ofS02 Allowances
22
D. GenernlSO:z Provisions ............................•............•...... 25
VI. PM Emission Reductions and Controls
25
A.
Optimization of PM Emission Controls
2S
B. Installation ofNew PM Emission Controls
, ............•....... 26
C. Upgrade ofExisting PM Emission Controls
27
D. PM Emissions Monitoring
30
E. General Phi Provisions
34
VII. Prohibition 011 Netting Credits or
Off~ets
from Required Controls
34
VIII. Environmelltnl Mitigation Projects
,
35
ii
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* * * * * PCB 2009-009 * * * * *
Page 4
IX. Civil
Penalt}r
_
_
37
X Release and Covenant Not to Sue forIllinois Power Company
38
XI. Resolution ofPlailltif'fs'Civil
Claim~
Against DMG
0 •• 40
A-
Resolution ofPlaintiffs'Civil Claims
o ••••• , 0 •••••• 0 •• 0 ••• " ••• _ 40
B. Pursuit ofPIailltiffs'Civil Claims Otherwise Resolved
41
XII. Periodic Reporting
.. , 0 •• 0
45
XIII. Review and Approval ofSllbmittals
47
XIV.
Stipulated Penalties
__
.48
XV. Force
~Iajeure
53
XVI.
Dispute Resolution
0 •••••••••••••••••••
, •• 0 •••••••••••••••••••••
56
XVII. Pennits
_.. 0 ••••••••••••••••••••••••••••••••••••••••
_ ••••• 58
XVIII. Information Collection and Retention
: .. 60
XIX. Notices
62
xx.
Sales or Tralufers of Ownership
Itltere.~ts
64
XXI. Effective Date
0 ••••••••••••••••••••••••••••••••••••••••••••••••••••
66
XXII. Retention ofJurisdiction
_
67
XXIll. Modification ..•........................................................ 67
XXIV. General Provisions
67
XXV. Signatories and SelVice
070
XX\'I. Public Conunent
0 ••••••••••••••••••••••••••
70
XXVII. Conditional Termination ofEllforcement Under Decree
'
11
XX\'rn.
Final Judgtuent
0 ••••••••••••••••••••••
0 •••••••••••
0 ••••••••••••
72
Appendix A: Environmental Mitigation Projects
iii
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 5
WHEREAS, the United States ofAmerica ("the United States
U
),
on behalf ofthe United
States Environmental Protectioll Agency
e~EPA")
filed a Complaint against Illinois Power
Company
('~mill0is
Power
U
)
on November 3, 1999. and Amended Complaints against illinois
Pow~r
Company and Dyllegy Midwest Generation. Inc. ("DMG'.')
.on
Jnmu\lY 19.2000, Mm'ch
14, 2001
i
and Ivrarch 7, 2003, pursuant to Sections 113(b) and 167 ofthe Clean
Ail'
Act. (the
"Act").
42 U.S.C. §§ 7413(b) and 7477J for inj\Ulctive relief and the assessment ofcivil penalties
for
alleged violations at the Bnld,,,rill Generating Station of:
(a)
the Prevention ofSignificant Detelioration provisions in Pa11 C ofSnbchapter
I
ofthe Act, 42 U.S.C. §§ 7470-92;
(b) the federally enforceable State Implementation Piau developed
by
the State of
Dlillois (the "Illinois SIP"); and
(c) the New Source Pe1fonnnllce Standard provi.l)ions
in
Part A of Subchapter I of the
Act, 42 U.S.C. § 7411.
WHEREAS,
EPA issued Notices ofViolation with respect to such allegations
to
illinois
Power
011 November 3, 1999 and November 26. 2000;
WHEREAS,
EPA provided Illinois Power, DMO, and the State ofIllinois actuall10tice
of,riolatiollS peltaining to its alleged violations, in accordance with Section 113(a)(I) and (1)) of
the Act, 42 U.S.C. § 7413(a)(I) aud (1));
·WHEREAS~
Illinois Power was the owner flud
opel11tor
ofthe Baldwin Facility from
1970 to
~ctober
1999. On October
l~ 1999~
Illinois Power transfen-ed
tli~
Baldwin Facility to
nliuova Corporation. filinova Corporation then conttibl1ted the Baldwin Facility to TIlinova
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 6
Power Marketing, Inc., after which time Illinois Power no longer o\vned or operated the Baldwin
Facility.
WHEREAS. begiuuing on October 1, 1999 and continuing throngh the clate oflodging of
this Consent Decree, Illinois Power has been neither the owner nor the operator ofthe Baldwin
Facility or of any ofthe Units in the DMG System which are affected by this Consent Decree;
WHEREAS.
ip
February 2000, Illinova Corporationmerged with Dynegy Holdings Inc.
and became a wholly owned subsidialy ofDynegy me. (refel'l'edto herein as
~'DYllegyn).
Thereafter. Winova Power Marketing, Iuc., the ovmer of the Baldwin
Facili~t,
changed its name
to Dynegy Midwest Generation, Inc. (refetTed to herein as "DMG
n
).
On September 30, 2004,
Dynegy, through Dlinova, sold Illinois Power to A1llel'enCOlpomtion.
WHEREAS, Ameren and Illinova Coxporation,
it
subsidiary ofDyuegy, !lave entered into
an agreement which provides for the escrow ofcertain fiUids, the release ofwhich fimds is
related to the resolution ofcertain contingent envirOD1llelltolliabilities that were alleged
in
tile
abo'\re-l'eferencedAmended Complaints against Dlinoi.e; Power and DtviO.
WHEREAS, Plaultiff-Iutervenors - tbe Alllelican Bottom Conservancy, Health and
Euvironmelltal Ju..
~tice
-
st.
Louig, Inc., Illinois Stewardship Alliance, the Prairie Rivers
Nernrork,
~l1ld
tile State ofTIlillOis - moved to intervene on September 25.2003 and :filed
Complaints in Infe1VeutiOll. The COlnt granted intervention to all movants on OCtober 23. 2003.
WHEREAS,
in
their Complaints, PlailltiffUnited States and Plaiutiffhltervenors
(collectively "Plaintiffs") allege,
inter alia,
that minois Power and DMG faUed to obtain the
necesslUY pelmits and ulstall the controls necessary lUlder the Act to reduce sulfur dioxide,
2
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 7
nitrogen oxides, andlor particulate matter e1llissiolls, and that such emissions can damage hmu811
health and the envirolUuent;
WHEREAS, the PlaintiffS' Complaints state claims
upon which reliefcall be granted
against nIinois
Power and DMG lmder Sections 113 and 167 ofthe Act, 42 U.S.C. §§ 7413 and
7477, and 28 U.S.C. § 1355;
\VHEREAS,
DMO and Dlinois Power have denied and continue to deny tile violations
alleged
111 the Complaints, maintain that they bnve been and remain in compliance with the Act
and are not liable for civil penalties or injunctive relief, and DMO is agreeing to the obligations
imposed
by
this Consent Decree solely to avoid fmther costs and ullcel1ainty;
WHEREAS.
DMO has installed equipment for the control ofuifrogen oxides emissions
at the Baldwin Facility, including Overfire Air systems 011 Baldwin Units 1,2, and 3. Low NO
x
Burners
on Baldwin Unit 3 and Selective catalytic Reduction ("SCR") Systems on Baldwin
Units 1 and 2, resulting ill a reduction
in
emissions ofnitrogen oxides from the Baldwin Plaut of
approximately 65% below 1999 levels
ftUDl
55.026 tons in 1999 to 19,061 tons i112003.:
WHEREAS, DMG switched from use ofbigh sulfur coal to low sulfur Powder River
Basin coal at Baldwin Units 1,2 and 3 in 1999 and 2000, resulting in
8.
reduction in emissions of
sulftu'dioxide from the Baldwiu Plant of approximately 90% below 1999 levels fi'om245,243
tons
in 1999 to 26,311 tOllS in 2003;
WHEREAS, the Parties anticipate that the installation and operation
ofpollution control
equipment pursuant to tllis Consent Decree will achieve significant additionall'eductiolls
ofSOl.
NOx~
and PM emissions and thereby fm1her improve ail'quality;
3
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 8
WHEREAS, in June
of2003~
the liability stage oftbe litigation resulting from the United
States' claims was tried to tlle Court and no decision has yet. been rendered; and
WHEREAS, Ule Plaintiffs, DMO and Illinois Power have agreed. and the
COlU1 by
entering this Consent Decree finds: that this Consent Decree bas beell negotiated in good faith
811d at anns length; that this settlement is fair, reasonable, in the best interest ofthe Parties and
in
the public interest. and cOllsistent with the goats ofthe Act; and that entl'}'ofthis Consent Decree
without further litigation is the most appropriate JUeans of resolving tIus lll1\tter.;
NOW, THEREFORE, without any
ad1llis~ion
b)'the Defendants, and withont
adjudication of tile violations alleged
ill
the Complaints or the NOVs. it is hereby ORDERED,
ADJUDGED, AND DECREED as follo\\"8:
I. JURISDICTION
AND VENUE
1.
This Court bas jurisdiction over this action, the subject matter herein) amI the
Pmties consenting hereto, pllrSUalltto 28 U.S.C. §§ 1331. 1345,
1355~
and 1367, Sections 113
and 167 ofthe Act, 42 U.S.C. §§ 7413 and 7477, and Sectio1l42(e) ofthe Illinois Ellviromnelltnl
Protection Act, 415
ILeS
SI42(e).
Venue is proper under Section 113(b) oftIle Act, 42 U.S.C.
§ 7413(b), and under 28 U.S.C. § 1391(b) and (c). Solely for the ptuposes ofthis Couseut
Decree and the lwdedying Complaints. and for no other pll1pOSe, Defendants waive all
objections
a~d
defenses that they may have to the COUlt'sjwisdiction over this action, to the
Court'sjUlisdiction over the Defendants, and fo venue in tltis District. Defendants shall not
challenge the terms of this Consent Decree or this Court'sjurisdiction to enter lind enforce tItis
Consent Decree. Solely for purposes of the Complaints filed
by
the Plaintiffs in this matter and
resolved
by
the Consent Decree, for plUposes ofentry and enforcement ofthis Consent Decree,
4
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 9
and for no other plUpose, Defendants waive any defense or objection based on standing. Except
as expressly provided fOl" herein. this Consent Decree shall not create any rights ill or obligations
ofallY party other than the Plailltiffs tlud tbe Defelldnllts. Except as provided in Section XXVI
(Pllblic Connnent) ofthis
Consent.Decree, the Parties COllsent to entry ofthis Consent Decree
without fhrtller notice.
n.
APPUCABTI..1TY
2.
Upon enhy, the provisions ofthe Consent Decree shall apply to and be binding
upon
And inure to the benefit ofthe Citizen Plaintiffs and DMO. and their respective successors
and assigns, officers, employees and agents, solely
in
their capacities as such, and the State of
nlillOis and the United States. Illinois Power is a Party to this Consent Decree, is the beneficiary
ofSection X of tlus Consent Decree (Release and Covenant Not to Sue for Illinois Power
COlllp.1ny). and is subject to Paragraph 171 and the other applicable provisions of the Consent
Decree
as specified in such Pal'agraph
in
the event
it
acquires
811
Ownership Interest in. or
becomes
an operator (as that te11uis llsed and interpreted under the Clean
Air
Act) of, any DMO
System Unit, but otherwise has
no other obligations lUlder this Consent Decree except as
expressly specified hel-eill.
3.
D~10
shalt be responsible for pl"Oviding a copy ofthis Consent Decree to all
vendors, suppliers, consultants, contractors, agents, and any other company or other organization
retained to perfonn any ofthe work requirecl
by
tIlls Consent Decree. Notwithstanding allY
retention of contractors.• subcontractors. or agents to perform allY wOl'krequired tUlder this
Consent
Decree~
DI\1G sha1l be responsible foreusuring tImf all work is pelfonllec1 in accordance
vdth the l'equirelllelltsof this Consent Decree. III any action to enforce tllis Consent Decl'ee.
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DMG shall not asselt as
It
defense the failure of its officers. directors, employees, selvants.
agents
.. or cOlltractors to take actions necessary to comply with this Consent Decree, unless DMG
establishes that such failure resulted from a Force lv1ajelU"e Evellt, as defined in Pat'8graph137 of
this Consent Decree.
ill.
DEFINITIONS
4.
A "30-Day Rolling Average Emission Rate" for a Ullit shall be expressed 8S
Ib/mmBTU and calculated in accordance with the following procedure: first. sum the total
pounds of the pollutant in question emitted from the Unit during au Operating Day and tile
previous twenty-nine (29) Operating Days; second, sum tbe total heat input to the Unit
in
nUllBTU dming the Operating Day a1ld tbe previolls twenty-nine'(29) Operating Days; and third,
divide the total llmnber ofpounds oHhe pollutant emitted during the thirty (30) Operating: Days
by the total heat input dining the
thitty
(30) OpelCltillg Days. A new 30-Day Rolling Average
Emission Rate shall be calculated for each new Operating Day. Each 30-Day Rolling Average
Emission Rate shall include all e111issiollS that OCC\U' during all periods ofst811up. shutdown and
Malfunction within an Operating DaYt except as follows:
[I,
Emissions and BTU inputs that occur chlfing a period ofMalfunction shall be
excluded fl.-om the calculation of the 30-Day Rolling Average Emission Rate if
DMO provides notice of the Malftmction to EPA and the State
in
accordance with
Paragraph 138 in Section XV (Force Majeure) ofthis Consent Decree;
b.
Emissions ofNO,. and BTU inputs that occur dtuing the fifth and subsequent Cold
Start Up Period(s) that occur at a given Unit during any 30-day period shall be
excluded fl'om the calculation ofthe 30-Day Rolling Average Emission Rate if
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inclusion of such emissions would result ill a violation of any applicable 30-Day
Rolling Average Emission Rate and DMG has installed. operated and maintained
th.e SCR in question in accordance with manufnctUl'e-rs'specifications and good
engineering practices. A
"Cold Start Up Period"
oeeUl'S
whenever there has been
no fire in the boiler of n Unit (no combustion ofmlY Fossil Fuel) tor a peliocl of
six (6) hours 01' more. The NO
x
emissions to be excluded during the fifth and
subsequent Cold Start Up Period(s) shall be the lesser of (i) those NO" emissions
emitted during the eight (8)
hour period commencing when the Uuit is
synchronized
with a utility electric
tran~l1lissiolll)'Ystel1l
and concluding eight (8)
hours later. or
(ii)
those NO
x
emissions emitted plior to the time that the flue gas
has achieved the
miniuuull SCR operational tempemture specified
by
the catalyst
manufacturer; and
c.
For a Unit that has censed ruing Fossil Fuel,
elllis~iollS
ofS0
1
and Btu inputs that
occur during any period. not to exceed two (2) hours, from the restart ofthe Unit
to the time the Unit
is
fired with any coal, shall be excluded fi:oll1 the calculation
oftIle 30-Day Rolling Average Emissioll Rate.
5.
"Baghouse" means a fhllsfream (fabLic filter) particulate emission control device.
6.
"BoilerIsland" mean.e; a Unit's(A) fuel combustion system (including bunker,
coal pulvel'izers, cmsber. stoker, and fhel bmners); (B) combustion
air system; (C) steam
generating system (firebox. boiler tubes, and walls); and (D) dmfl system (excluding the stack),
all as further described in "Interpretation of Reconstmctioll,"
by
Jolm B. Rasnic U.S. EPA
(November 25, 1986) and attachments thereto.
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7.
"capital Expenditure" means all capital expenditures. as dermed by Generally
Accepted Accoullting Principle.c;
(uGAAP"), as those principles exist at the date of ent!'y of this
Consent Decree. excluding the cost
ofinstalling or upgrading pollution control devices.
8.
"CEMS"
01'
"Continuolls Emission Monitoring System" means. fol'obligations
involving
NO
x
811d S02 nnder this Consent Decree, the devices defmed in 40 C.F.R. § 72.2 and
installed and maintained as required by 40 C.F.R. PaIt.75.
9.
HCitizen Plaintiffs" means, collectively, the American Bottom Conselvancy,
Health and Enviromuental Justice - St. Louis, Inc., ll1inois Stewardship Alliance, and the Praitie
Rivers
N~ol'k.
to.
"Clean Air Act" or "Act" means the federal Clean Air Act. 42 U.S.C. §§7401.
7671q, and its implementing regulations.
11.
"Consent Decree"
or ..Decree
H
means this Consent Decree flnd the Appendix
hereto, which is incorporated into this Consent Decree.
12.
HDefendauts" meaus Dynegy Midwest Generation.. Inc. and Illinois Power
Company.
13.
"Dl\-fO" means Dynegy
Midwest Generatio1l.. Inc.
t4.
"DMG System" meaus, solely for pUl'posesof tillS Consent Decree, the follo,,:mg
fen (10) listed coal-fired. electric
steam genel'atingUnits (with the rated gross MWcapacity of
each Unit, l'ep0l1ed to Mid-America Interconnected Network (uMAIN") ill 2003, noted iu
parentheses), located at the following plants:
•
Baldwin Generating Station
in
Bald"ri11, Dlinois: Uuit 1 (624 MW), 2
(629MW),3 (629MW);
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•
Havana Generating station ill Havana
t
nUnois: Uuit 6 (487 M\V);
•
Helmepill Generating Station hi Hennepin, millOis: Unit 1 (81 MW)J
Uuit 2 (240MW);
•
Vemlilion Geuerating Station
in
Oakwood. IDinois: Unitt (84 MW),
Unit 2 (113
MW)~
•
Wood
~iver
Generating Station iu Altou
t
Illinois: Unit 4 (105 MW),
Unit 5 (383 MW).
15.
"Emission Rate" meaus tile number ofpo'lluds ofpollutnnt emitted per million
BTU ofbeat input
("lb/mmBTU~,
measw-ed
ill
accordance with this Consent Decree.
16.
"EPA
n
means the united. States Environmental Protection Agency.
17.
"ESP" Uleans electrostatic precipifator, a pollution control de'vicefor the
reduction
ofPM.
18.
"Existing Units" means tbose Units included
in
the DMO System.
19.
"Flue Gas Des\11fllrization System/'01' uFOD,3'1neans a pollution control device
with OIle or more absorber vessels tbat employs flue gas desulftuization tecwlOlogy for the
reduction ofSu1ftlf dioxide.
20.
"Fossil Fuel" Uleaus any hycb'ocarbollfuel, including coal, peb'olelUu coke
t
petrolelUU oil, 01'natural gas.
21.
"Dlillois Envirolll11en1al Protection Act"means the Illinois Environmental
Protection Act, 415 ILCS 5/1 et. seq., and its implementing regnlations.
22.
"illinois Power" menus the Illinois Power Company.
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23.
.\Improvec1Unit" means, ill the case ofNOs, a DMO System Unit equipped with
or scheduled under this Consent Decree
to be equipped with an SCR, or, ill the case of
S02.
a
DMG System Unit scheduled
tUlder this Consent Decree to be equipped witll an FOD (or
equivalent
SOi control technology approved pursuant to Paragraph 68). A Unit may be an
Improved Unit for one pollutant without being an hl1proved Unit for the other. Any Other Unit
can become. a.n Improved Unit if(a)
in
the case ofNO
x•
it is equippedwitlllln 8CR (01' equivalent
NOx conh"Ol technology apI>roved P1U'SURllt to Paragraph 64) a11(1 has become subject to a
federally enforceable 0.100 Ib/nmlBTU NO", 30-Day Rolling Average Emission Rate, or{b) in
the case
ofS02, it is equipped with all FOD (or equivalent. 50
2
control technology approved
plU'SUantto Pm-agraph 68) find has become
~1.1bject
to
n
federally enforceable 0.100 Ib/mmBTU
S02 30-Day Rolling Average Emission
Rate~
and (c) in the case ofNO" or
S02~
the requirement
to achieve and maintain a 0.100 Ib/mmBTU 30-Day Rolling Average.Emission Rate is
incorporated into tlle Title V Pennit applicable to that Unit or, if no Title V Pennit exists. a
modification
to t11is COll.'3entDecree tbat is agreed to by the Plaintiffs find DMG and approved by
this Cotu1.
24.
.;'lb/mmBTU
n
menns one potUld per million Blitish tllennallulits.
25.
"Malfhnctioll
tt
meaus any sudden, infrequent
3
and not J,"easonably preventable
failure ofair pollution control equipment, process equipment, or a process to operate
in
a nOlmal
01' U&110Illlillwer. Failures that are caused in part by poor maintenance or careless operation are
not Malfunctions.
26.
·~l\.f\V"
means a megawatt 01' one million "Tatts.
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27.
HNational Ambient Au'Quality Standards" or '"NAAQS" means national ambient
air quality stanc1ards that are proulUlgated pursuant
to
Section 109 ofthe Act, 42 U.S.C. § 7409.
28.
''NonattawmentNSR
n
means the nonattawlllent area New Source Review
program within the meaning
ofPartD ofSubchapter
I
oftlle Act) 42 U.S.c. §§ 7501-1515,40
C.F.R. Part 5
l.
29.
''N0
x
''means oxides ofnitrogen.
30.
'"NOs Allowance"
meml<.l 811
authorization
01'
cl"edit
to
emit
a
specified
aUlollllt
of
NOli that is allocated or issued l.mder an emissions trading or marketable peront pr0tn1lUl ofany
kind that has been established under the Clean Air Act or a State Implementation Plan.
S1.
"Operating Day" menus any calendar dny on which a Unit fues Fossil Fuel;
l)l'Ovided, however, that exclusively forpu11>oses of Paragraph 36, "Operating Day" means any
calendar day on wInch both Baldwin Ullit 1 and Baldwin Unit 2 fire Fossil Fuel.
32.
"Other Unif'means any Unit ofthe
D~IG
Sy.stem that isnot an Improved Unit
for the pollutant
in
question.
33.
uOwnel'shipInterest" means palt or all ofOMG'slegal or equitable ownership
interest in any Unit in tbe DMG System.
34.
"Parties" means the United states, the State of lllinois, the Citizen Plaintiffs.
DMG, and Illinois Power.
35.
"Plaintiffs" means the United States) the State
ofIllillois~
and the Citizen
Plaintiffs.
36.
A "Plant-Wide 30-Day Rolling Average Emission Rate" shall be expressed as
Ib/nullBTU and calculated in accordance with the following procedure: first. sum the total
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pounds of the pollutant in question emitted from all three Units at
Ule
Baldwin Plant dming 8n
Operating Day and tbe previous twenty-nine (29) Operating Days; second, sum the total heat
illput to all tln-ee Units. at the Baldwin Plaut
iU1llmBTU dUr1ug
the Operating Day
Bud
the
previous twenty-nine (2-9) Operating Days; and third, divide the total number ofponnds ofthe
pollutant emitted from all three Baldwin Units dUling the thirty (30) Operating Days
by
the total
heat. inp\rt to an three Baldwin Units during the thirty (30) Operating Days. A new Plant-Wide
30-Day Rolling Average Emission Rate shall be calculated for each new Operating Day. Each
Plant-Wide 30-Day Rolling Ave11lge Emission Rat.e shall include all emissions that occur during
all period') of startup, shutdown aud Malfunction within an Operating Day. A Mnlftmctioll shall
be excluded from this Emission Rate, however, ifDMO satisfies the Force Majeure provisions of
this Consent Decree.
37.
A
"Plant-Wide Annual TOWlage Emission Level" means, for the purposes of
Section XI ofthis Decl'ee,the number of tons of the pollutant in question that may be emitted
from the plant
tl t
issue during the relevant calendar year (i.e., January 1 througb December 31),
and shall include all emissions ofthe pollutant emitted dming periods of
stal'tllp~
shutdown, and
Malfilllctioll.
38.
"Pollution COlltrol Equipment Upgrade Analysis" means the technical shldy,
analysis, review, and selection of control teclmology reconunelldations (including 8ll emission
rate or removal efficiency) l'equiredto be }Jerfof1lled
in
cOlmection with
811
application lor a
federal
PSD penult, taking bito account the charactelisfics of the existing fucility. Except as
othe1wise provided in this Consent Decree, sucllstndy, analysis, review, and selection of
l'ecommelldatiollsshnll be CfInied out in tlccordance with applicable
fe~eral
and state regulations
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allCi guidance desClibing the process and analysis for detenllilllng Best Availnble Control
Technology (BAC1j, as that term is defined in 40 C.F.R. §52.21(b)(12), illCludillg:. without
limitation. the December I, 1987 EPA
Memorandum from J. Craig Potter, Assistaut
Administrator for Air and Radiation, regarding Illlproviug New So\u'ceReview (NSR)
Implementation. Nothing in this Decree shall be constnted either to: (n) alter the force and effect
ofstatements mown as or characterized as "'guidance"
01'
(b) pennit the process or l'esult of a
.4Polllltion Control Equipment Upgrade Analysis" to be considered BACT for any pUJpose uuder
the Act.
39.
"PM COlltrolDevice" means allY device, including an ESP ora BagholL'ie.that
l'educes
emis~iolls
ofparticulate matter (PM).
40.
"PM» Uleansp81TIculate Ulatter.
41.
"PM CEMS" or "PM Continuous Emission Monitol'ingSystem" means the
equipment that -samples, analyzes, measures, and provides.
by
readings taken at frequent
intervals, an electronic
or paper record ofPM emissions.
42.
"PM Emission Rate" means the number
ofpounds ofPM emitted per million
BTU
ofheat input (lb/uullBTU), as measured in alUmnI stack tests in accordance with EPA
Method
5, 40 C.F.R.
Pmt
60. lllcluding Appendix A.
43.
"Project Dollars" menus DMO.s expenditures and payments incurred or made
in
call-ying Ol1t the Environmental Mitigation Projects identified in Section VIII (Envirolunental
Mitigation Projects) oftms Consent Decree to the extent that such expendit1.u-es or payments
both: (a) comply with the requirements set fOlt11 in Section VTII (Envirorunelltnl Mitigation
Projects) and Appendix A
oft11is COllsent Decree, aud (b) constitute DMO'sdirect payments for
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such projects, DMO!s external costs for contractors.. vendors, and equipment. or DMO'sinternal
costs consisting
ofemployee time, travel, or out-of-pocket expenses specifically atttibutable to
these particular projects 811d documented
in
accordance with GAAP.
44.
~~SD"
means Prevention ofSignificant. Deterioration witIlin the memling ofPatt
C ofSubchapter I oftheClennAir Act, 42 U.S.C. §§ 7470 -7492 and 40 C.F.R. Part 52.
45.
USelective Catalytic Reduction
~'ysteIU"
or "SeR" means
n
pollution control
device that employs selective catalytic reduction technology for the reductio1l ofNO
it
emissions.
46.
"S02" means sulfiu'dioxide.
47.
"S02 Allowance" means "allowance" as defmed at
42
U.S.C. § 76518(3): "an
anthodzatioll, allocated
to
811
affected unit by the Administrator ofEPA "mder Subchapter IV of
the Act: to emit, dUling or after a specified calendar year, one ton OfSlllfur dioxide."
48.
HSystem-Wide Annual T01UlOge Limitation:03 means the limitation on the number
of tons of the pollutant in
que~tioll
that may be emitted from the DMG System d'ltrillgthe
relevallt calendar yeat'(i.e., Jalluary 1 through December 31): and shall include all emissiol18 of
the pollutant emitted during periods ofstartup, shutdown, and Malfunctioll.
49.
C\Title V Pemur'means the pemut required ofDMG'smajor sources \Uldel'
Subchapter V of the Act, 42 U.S.C, §§ 7661-7661e,
50.
"Unit" means collectively, the coal pulvelizer, stationary equipmellt that feeds
coal
to the boiler, the boiler that pl'Oducessteam for the steam tw'bine.the steam uU'bille. the
generator, the equipment
nece.ssary to operate the generator, steam tl.u-bine and boiler, and all
ancilhuy equipment, including pollution control equipment.
.All electric steam generating station
may comprise one or more Units.
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IV.
N~
EMISSION REDUCTIONS AhTD CONTROLS
A.
~
Emission Controls
51.
Begilming 45 days after entry of tbis Consent Decree. and continuing thereafter,
DMG shall COlmnence operation of the
seRs
installed at Baldwin Unit 1. Unit 2
t
aud Havana
Unit 6 so as to achieve and maintain a 30-Day Rolling Average Emission Rate fi..om each such
Unit
of not greater th8n 0.100 Ib/mmBTU NO
x'
52.
Begillning 45 days aftel'eutlyofthis Con.c;ent Decree, aud continuing thereafter,
DMG shall achieve
and
maintain a Plant-Wide 30-Day Rolling A\rerage Emission Rate ofnot
gl'eatel'than 0.100 Ib/nllllBTU NO
x
at the Baldwin Plant.
53.
Beguuuug 45 days niter entry ofthis Consent Decree, and continuing thereaftet.,
subject to paragraph 54 below, DMO shall achieve and maultain a 30-Day Rolling Average
Emi~sioll
Rate ofnot greater thou 0.120 Ibf1nmBTUNO
s
at Baldwin Unit 3.
54.
Begiluling 011 December 31, 2012, and continuing thereafter. DMG sball1Uuintain
a 30-Day Rolling Average Emission Rate ofnot greater than 0.100 Ibfm1llBTU NOs at Balclwin
Umt3.
55.
Beginning 30 days after entry of this Consent Decree, and continuing thereafter,
DMG shall opemte each SCR in the DMG System at all times when the Unit it selVes is
in
operation. provided that such operation of the SCR is cOllSistent with the teclmological
limitatiolls. manufacturers' specifications, and good engineeling and maintenance practices for
the SCR. DUling any such period in which the 8m is 110t opel'8tional,DMCt willlllinimize
emissions to the extent reasonably practicable.
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56.
Begilmillg 45 days from entry of tItis Consent Decree, DMG shall operate low
NO,; bUtnet'S eLNB'j and/or Overfire Air Technology ("OFA") on the
m1G
System Units
listed
in the table below at all tillles that the Units are ill openttiou, consistent with the
tec1mologicallimitations. mamlfacturers' specifications, and good engineerillg and maintenance
practice.~
for the L."l\TB aneVor the Ovedire Air Tec1111ology, so as to minimize emissions to the
extent reas.oJl8bly practicable.
Dl\W System
Unit
NOX Control Tt'chnology
Baldwin UIlit 1
OPA
Baldwin Unit 2
OPA
Baldwin Unit 3
Ll\TB,OFA
Havana Unit 6
LNB,OFA
Hellllepin Unit 1
LNB,OFA
HeWlepill Ultit 2
LNB.OFA
Vermilion Unit 2
Ll\TB,OFA
Wood River Unit 4
LNB,OFA
Wood River Unit 5
LNB,OFA
B.
System-Wide
AlUmnI TQtllluge
Limitations for N<1t
57.
During each calendar year specified
in
the Table below, all Units
in
the DMO
System. collectively, shallIlot emit NO
x
in excess of the following System-Wide A:ru.11.181
Tonnage Limitations:
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A!>pJicnble Calendm'YeaI'
System-'VideAmmo)
Tonnage Limitations
tOl'
NO%
2005
15.000 tons
2006
14,000 tons
2007 and each year thereafter
13,800 tons
C. Use ofNO Allowances
58.
Except as provided
in
this Consent Decl'ee,DMG shall not sell or trade nny NO
x
Allowances allocated to the DMG System that would otherwise be available for sale or trade as a
l'esl.l1tofthe actions taken by DMG to comply with the requirements ofthis Consent Decree.
59.
Except as may be
nece.~salY
to comply with Section XIV (Stipulated Penalties)7
DMG
lUay
not use NOli: Allowances to comply with any l'equirelllentof this Consent Decree,
inclnding
by
claimiug compliance with any emission limitation required
by
tltis Decree
by
using,
tendering, or ofhelWise applying N0l: Allowflnces to offset any
excef>.~
eurlssions (Le., emissions
above tbe limits specified ill Parag1'aph57),
60.
NO
x
Allowances allocated to the DMG SysteDllUny be used by Dl"lO only to
meet its own federal flud/or state Clean Ail'Act regulatory requirements. except as provided in
Paragraph 61,
61.
Provided that DMO is
in
compliance with the System-Wide AUllual Tonnage
Limitations for
N0
lt
set. forth ill tllis Consent Decree, notlrlng
in
tlris Consent Decree shall
pl'ech.\deDMG from selling or transferring NO
x
Allowances allocated to the
D~10
System that
become available for sale 01' trade solely as a result of:
a.
activities that reduced
NOll
emissions at any Unit within tIle Dl\-1G System plior to
the date of entry ofthis Consent Decree;
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b,
the installation and operation ofany NO
x
pollution cOllh'oltechnology
01'
teclUliqlle that is
110t
othelWise required
by
tlrls Consent Decree; or
c.
achievement and maintenance ofNO
x
emission rates below a 30-Day Rolling
Average Emi'JsiollRnte
of0.100 Ib/lluuBTU at Baldwin Units 1, 2 or 3, or at
Havana Unit 6,
so long as DMO timely I'eports the generation ofsuch smplus NO" Allowances
in
accordance
with Section XII (periodic Reporting) of this Consent Decree. DMG shall be.allowed to sell 01'
transfer NO" Allowances equal to the NO
x
emissions reductions achieved for any given year by
any of the actions specified in Subparagraphs 61.b 01' 61.c. only to the extent that, and in tbe
8mO'lUlttbat: the total NO" emissions fl.'om all Units within the DMO System are below the
System-Wide A1Ulual Tonnage Limitation specified in Paragraph 57 fur that year.
62.
Nothing
in this Consent Decree shall pI'eventDMG
froID
purchasing
01'
otherwise
obtaiJrlng
NO;lI: Allowances from another source for purposes ofcomplying with state 01' federal
Clean Air Act requirements to the extellt otherwise allowed by law.
D. NO" Provisions - Improving Other Units
63.
Any
Other Unit con become an Improved Unit for NO
z
if
(0)
it
is equipped with
8n SCR (or equivalent NOx conn'oltecbnology approved pllrSUallt to Paragraph 64), and (b) has
become subject to a federally enforceable 0.100 Ib/lluuBTU NO
z
30-Day Rolling Average
Emission Rate,
64.
With pdor written notice to the Plaintiffs and written approval from EPA (after
cOllsultatioll witll the State
oflllinois alld the Citizen Plaintiffs), an Other Unit
in
the DMO
Syste1l11llay be considered an Improved Unit under fbi'> Consent Decree ifDMG installs and
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ope1'ates NO
x
conu'ol teclmology, other than 8n SCR, that bas been demonstrated to be capable of
achieving and maintaining a 30-Day Rolling Average Emission Rate not greater tl1an
0.100 IbJ1U1l1BTU NO,. and ifsuch WIit has become subject toa fede1'ally enforceable
0.100 Ib/umlBTU NO
x
3O-Day Rolling Average Emission Rate.
E. Genernl NOx Provisions
65.
I11 detelluining Emission Rates for NO
x•
DMG shall use CEMS
in
accordance
with the reference metllods specitied il140 C.F.R. Part 75.
V. S02 E¥ISS!QMREPUCTIQNS
AND
CONTROLS
A. S02 Emission Limitations and Control ReqJ,.lirements
66.
No later than tIle dates set fol1h
in
tile Table below for each ofthe tlu'eeUnits at
Baldwin and Havana Unit 6, and continuing
thereafter~
DMO sha11not operate the specified Unit
unless and until it has installed and commenced operation of, 011 a yeal'-rol.U1dbasis, an FOD (01'
equivalent S02 control tec1mology approvedpursuant to Paragrapl1 (8) 011 each such Unit, so as
to acWeve mtd 1llnilltain a 30-Day Rolling Average Elnisslon Rate ofnot greater theUl
0.100 Ib/nuuBTU S02'
~
llAIE
First Bnld\viu Unit
December 31, 2010
(i.e., any ofthe Baldwin Units I, 2
Q1'
3)
Secoucl Baldwul Unit
December 31, 2011
(i.e., either ofthe 2 remaining
Baldwin Ullits)
Third Baldwin Uult
December 31, 2012
(i.e., the remaining Baldwin Unit)
Havana Unit 6
December 31,2012
19
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67,
Ally
FOD required to be installed under this Consent Decree
may
be a wet FOD
01'a <hoy FOD at
DMG~s
Opti011.
68,
With prior Wlitten notice to the Plaiutiffs and ''''1ittenappl'Ovalfl.-om EPA (after
consultation by EPA with the State ofIllinois and the Citizen Plaintiffs). DMO may, in lieu of
installing and operating an FOD at any of the Units specified in P81'ag1'8ph66: install and operate
equivalent 80
2
control t.eclmology so 10112: as such equivalent S02 control teclmology bas been
demonstrated to be capable ofachieving and maintaining a 30-Day Rolling Average Emission
Rate
ofnot greater thai} 0.100 IbfmwBTU S02'
69.
Beginning on the later of the date !>pecified in Paragraph 66 or the rust Operating
Day of each Unit thereafter, and contil1uiug tllel'eafter,DMG shall operate each
FaD
(01"
equivalent S02 control technology approved
pUrsU811t
to Paragraph
(8)
required
by tlus
Cousent
Decree at all times thnt the Unit. it serves is in operation, provided that such operation of the
FOD
01'
equivalent technology is consistent with the
rechllologicallilllitatioJlS~
manufacturers'
specificatiolls. and good engineering and maiutellance practices for the FOD or equivalent
technology.
Dmillg any such peliod ill whicll the FOD or equivalent technology is not
operational, DMG will minimize eUlissiom; to the extent reasonably practicable,
70.
No later than 30 Operating Days after ently oftbis Consent Decree, and
continuing thereafter, DMO shall operate Helmepin Units 1 and 2 and Wood River Units 4 aud 5
so as to achieve and maintain a 30-Day Rolling Average Emission Rc1te from each of tIle stacks
serving
&'Uch Units ofnot greater than 1,200 Ib/nunBtu S02'
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71.
DMO shall operate Venuilion Units 1 and 2 so that 110 later than 30 Opelllting
Days after
Janl1ary 1,2007, DMG shall acllieve and maintain a 30-DayRolling Avemge
Emission Rate from
the stack serving such Units of110t greater than 1.200 Ib/mmBtu S02'
72.
No later than 30 Operating Days after entry oftbis Consent Decree and
continuing
ulltil December 31,2012. DMO shall operate Havana Unit 6 so 88 to achieve and
maintain.a 30-Day Rolling Average Emission Rate
fi,()1ll the stack serving sllch Unit of110t
greater than 1.200 Ib/nunBtu S02 .
B. System-\Vide Aruma! Talmage Limitations for SO.,
73.
DUling each calendar year specified in the Table below) all Units
in
the DMG
System, collectively, shall not emit
SO, ill excess of the following System-\Vide Annual
To.1U1age Limitations:
Applicable Calendal'Yeal'
System-\VI<le Annual
Tonnnge Llmltntiolls for
SOz
2005
66,300
tons
2006
66,300 tons
2007
65~OOO
tOllS
2008
62,000 tons
2009
62
t
OOO
tOllS
2010
62~OOO
tOllS
2011
57
t
OOOtons
2012
49,500 tons
2013 and eacb year thereafter
29,000 tOllS
74,
Except as may be necessmy to comply with Section XIV (Stipulated Pemdties),
DMG may not use
S02 Allowances to comply wUIt any requirement of this Consent Decree.
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including
by
claiming compliance with allY emission limitation required
by
this Decree
by
using,
tendering, or otherwise applying
S02 Allowances
to
offset any excess emissions (i.e" emissiolls
above the limits specified iu Paragraph 73).
c. SUrrender of
SQ
2
Allowances
75.
For each year specified below, DMG shall stllTeuder to EPA, 01' trallsfer to
(l
non-profit third party selected
by
DMG fOl' surrender,
SOl
Allowances that bave been allocated
to DMG for tlle specified calendar year
by
the Admiuistrntor ofEPA tUlder tlle Act or
by
any
State
lUldet. its State Implementation Plan, in the amounts specified below, subject to Paragrapl1
76:
Calewl'
XeDI'
Amount
2008
12,000
Allowances
2009
18,000
Allowances
2010
24,000
Allowances
2011. and each year
30,000 Allowances
thereafter
DMG shall make the st111'enderofS02 Allowances required
by
this P81'ngraphby December 31
ofeach specified calendar year.
76.
If the sun-ender of80
2
allowances requireet
by
Paragraph 75 would result
in
811
insufficient number of allowances being available fi'OUl those allocated to the Units comprising
the DMG System to meet the requirements ofany Federal and/or State requirements for any
DMO System unit. DMO nlust provide llotice to the Plaintiffs ofsuch immfficiellCY, including
documentation
of the lUUllber of SOl nllo'wances so required lUld the Federal and/or State
requirement involved, Unless EPA objects, in \\'1iting,
to the amounts sUl1'elUlered01'to be
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s\U1'eudered, the basis ofthe amounts sl111'elldered or to be sUll'endered, or the adequacy ofthe
documentation, DMO may reduce tIle lltunber of
S02
allowances to be SluTelldered under
Paragraph
7S
to the extent necessary to allow such DMO System Unit to satisfy the specified
Federal and/or State l'equirement(s).
If
DMG has sold or rraded S02 allownnces allocated
by
the
Administrator ofEPA
01"
a State for the yea1' in which tbe sllll'enderofallowtlnces undet'
Paragraph
7S
would reS\llt
in
an insufficient number of
allowance~:
all sold 01' traded allowances
must be restored to DMO's account through DMO"s
pllrcba~e
01'
transfer ofallowances before
DMG JUay reduce the SlllTeuder l'equirementsofParngrnph 75 as described above,
77.
Nothing hI this Consent Decree is intended to preclude DMG from using S02
Allowances allocated to the DMG System
by
the Adnunisll'atorofEPA lmdel'the Act! or
by
any
State under its State
Implenleut~tion
Plan. to meet it')own Federal an<1/o1'State Clean Air Act
regulatory requirements for any Unit. in the DMO System.
78.
For pl.Uposes ofthis Subsection. the "surrender of allowallces" means
pemulDeutly surrendering allowances front the accounts adUl.inisterec1
by
EPA for all Units in the
DMG System. so that such allowances can never be used thereafter to llleetany compliance
l'eqtlil'ementunder the Clean Air Act, the Illinois State Implementation Plan, or this Consent
Decree.
79.
If any allowances required to be sUlTeudered lmder this Consent Decree are
t1'8llSfell'eddirectly to a non-profit third party, DMG shn11 include n description ofsuch U"811Sfel'
in the next report submitted to EPA pursuant to Section xn (Periodic Reporting) of this Consent
Decree. Such report shall: (i) identify the llon-profit third-party recipient(s) of the S02
Allowances and list the serial numbers ofthe transferred 50
2
Allowances; and (li) include a
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certification
by
the third-party recipiel1t(s) stating that the recipieut(s) will not sell, trade,
01'
otherwise exchange any of the allowances mid wilt not use any ofthe S02 Allowances.to meet
auy obligation imposed
by
any envirolUnental1aw. No later than the thil'dpetiodicrepolt due
after the transfer ofany SO:! Allowances, DMG shall include a statement that the third-party
recipient(s).
~'1.UTendel'ed
the S02 Allowances for penuanent 'Surrenderto EPA itl accordance with
the provLo;ions ofParagraph 80 within one (1) yeaI'after DMG
tmnSfetl~d
the SOl Allowances to
them, DMO shallllot have complied with the S02 Allowance sluTender requirements oftbis
Paragraph uutil all third-pal'fyrecipient(s) shall
have actually sun'endered the transfe11'ed501
Allowances to EPA,
80.
For all S02 Allowances sUD-eudered to EPA. DMQ 01' the third-partyrecipient(s)
(as the case may be) shalt first sulmlit.an SOl Allowance transfer request fOllU to EPA's Office
ofAir and Radiation'sClean Air Markets Division directing tlle transfer ofsuch
SOa
Allowances
to the EPA Enforcement Sml'enderAccount or to any otherEPA aCColUlt that EPA may direct
in
writing. As part of submitting these transfer requests, DMG or the tbird-party recipient(s) shall
llrevocably authorize the transfer ofthese S02 Allowances and identify -
by
name ofaccount
and any applicable serial 01'other identification numbers or station names - the soW'Ce and
location ofthe 50
2
Allowances being surrendered.
81,
The requirements
in
Paragraphs 75 and 76 of this
De~l'ee
pertaining to
D~rG's
SlUTenc1er of S03 Allowances are pelU1anellt injunctions not subject to any tenllulation provision
ofthis Decree,
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E. General 50
2
Provisions
82.
III detelminiug Emission Rates for
S02,
DMG shall llse CEMS in accordance with
those
reference methods specified in 40 C.F.R. P811 75.
.VI. PM EMISSION REDUCTIONS AND CONTROLS
A. Optimization ofPM Emission Controls
83.
Beginning ninety (90) days after entry ofthis Consent Decree, and continuing
thereafter, DMG shrill operate each PM Control Device
011
each Unit within tbe D1\10 System to
maximize PM emission reductions at all times when the Unit
is
in operation, pro\rided that such
operation of the PM Control Device is cOll.,;istellt with the teclmologicallimitatiollS,
m.anufacturer'sspecifications
and good engineeling and maintenance practices fOl' the PM
Control Device. Dlning any pe1iods when allY section or compartment ofllie PM control device
is
not operational. DMO will minimize emissions to the extent reasonably practicable.
Specifically.
DMG shall, at a lllulimum.
to
the e."ICfent reasonably practicable: (a) energize each
section oftIle
E.~p
fOl' each unit, where applicable, operate each compro1ment ofthe Bagho'llse
for each
lullt. where applicable (regardless ofwhether those actiou.1J are needed to comply with
opacity limits), and repair ony failed ESP section or Baghollse compartment at the next plalUled
Unit
outage (orunplatUled outage ofsufficieut length); (b) operate automatic conh"ol systems on
each ESP to ulsxinlize PM collection
efficien~Y1
where applicable; (c) mai1ltain aud replace bags
on each Baghol.1se as needed to maximize collection efficiency, where applicable; and (d) inspect
for anel repair
<lUling
the next pla1lned Unit outage (or lmplatwed outage of sufficient length) any
openings in ESP casings. ductwork and expansion joints to lllinimize au'leakage,
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84.
Within two huudred seventy (270) days after ellny ofthis Consent Decree.. for
each DMG System Unit selved
by
an ESP or Bagllotlse, DMO shall complete a PM emission
control optimization study whic11 shall recolmnend: the best availnble mailltenmice, repair. and
operating practices and a schedule for implementation ofsuch to optimize ESP
01'
Baghotlse
availability and pet.fonnance ill nccordauce with mall1.lfacnu-el"s' specifications, the operational
design of the Unit, mId good engineering practices. DMG shall retain a qualified contractor to
assist
in
the performance and completion ofeach study and shall implement the study's
recommendations
in
accordance with the schedule provided for in the study, but mIlO event later
than the next planned Unit outage or 180 days of completion ofthe optimization
stUdy,
whichever is later. Thereafter, D?v10 shall maintain each ESP and Baghol1se a9 required
by
the
study'srecolllmendations
01'
other altemative actions as approved
by
EPA. TIlese requirements'
ofthis Paragl:aph shall also apply. and these activities shall be repeated, wheuevel'DMG makes a
major change toa Unit'sESP, installs a new PM, C.ontl'olDe'vice, 01' changes tile fuel used
by
a
Uuit.
B. I1lstallation
ofNew PM Emission Controls
85.
No laterlhan the dates set forth in the Table below for Baldwin Units 1,2 find 3
and HavanaUnit 6,. and continuing thereafter: DMG shall not operate the specified Unit l.IDless
and until
if
has installed and conunenced operation of a Baghouse on each such Unit so as to
achieve and maiutain a PlVI emissions rate of 110t greater than 0,015 Ib/nuuBTU,
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Unit
Dnte
First Baldwin Unit
December 31
t
2010
(i.e.,
fiUy
ofBaldwul Units
1.2 or 3)
Second Baldwin Unit
December 31
t
2011
(i.e,. either ofthe 2 remaining
Baldwin Units)
Third Bnlc1win Unit
December 31, 2012
(i.e., the l'ell1ainingBaldwin Unit)
Havana Unit 6
December 31
t
2012
C. Upgrade
ofExisting PM Emission Controls
86.
At each Unit listed below, no later than the dates specified, and continuing
thereafter. DMO shall operate ESPs or alternative PM control equipment at the following Units
to achieve and maintain a PM emissions rate ofnot greater tban 0.030 Ib/mmBTU:
thlit
Date
Havana Unit 6
December 31. 2005
1
U
Wood River Unit
December 31. 2005
(Le., either of\VoodRivel'
Units 4 01'
S)
1
~t
Hennepin Unit (i.e., either of
December 31. 2006
HeWlepin Units 1 or 2)
2
M
Wood River Unit (i.e.. the
December 31,2007
remaining Wood River Unit)
2
nd
Hennepul Unit (i.e., tile
December
31, 2010
remaining Hennepin Unit)
1
~t
Vellnilion Unit (i,e., either
December 31. 2010
ofVennilion Units 1 or 2)
2
1ld
Vermilion Unit (Le., the
December 31. 2010
remaining Vemulioll UIUt)
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III the.alfemative and in lien of demonstrating compliance with tbe PM emission rate applicable
under this
Paragraph~
DMG may elect to uudertake an upgmde of the existing PM emissions
control equipment.
for any such Unit bnsed on a Pollution Control Equipment Upgt'nc1eAnalysis
for that.
Unit. The
prepa1"ation~
submissioll, and implementation ofsuch Pollution Control
Equipment Upgrade Analysis
shall be undertaken aud completed ill accordance with tile
compliance schedules
Bnd procedures as specified
in
Paragraph 88.
87.
DMG shall operate each ESP (011 Units without a Baghouse) and each Baghouse
in the DMO System at all times when the Unit
it
serves
is in
operation, provided that SUdl
operation of the ESP or Baghotlse is consistent. with the tecbuologicallimitations.
manufacttu-ers' specifications, and good engineeIing and maintenance practices
for the ESP or
Bag}louse. Duling any such peliod itl which the ESP or Bag!lollse. is not operational, DMG will
minimize emio;siolls
to the extent reasonably practicable. Notwithstanding fhe foregoing
sentence,
DMG shall not be required to opemte an ESP on any Unit on which a Baghouse is
installed
find
operating, tmless DMG operated the ESP during the innnediately preceding stack
test requil'ed
by Paragraph 89.
88.
For each
Unit in the DMG System for wlUch DMO does 110t elect to meet a PM
Emission Rate of 0.030 Ib/nunBTU as required by Paragraph 86. DMG shall prepare, submit,
and implement a Pollution Control Equipment Upgrade Analysis
in accordance with this
Paragraph. Such Pollution Control Equipment Upgrade Analysis shall include proposed
upgrades to the Unit'sexisting PM Control Devices and a proposed altem6te PM Emission Rate.
that the Unit shall meet. upon completion ofsuc1111pgrade. DMO shall deliver such Pollution
Control Equipment Upgmde Analysis
to EPA and the State ofllUllois for approval pursunnt to
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Section xm (Review and Approval ofSubmittals) ofthis Consent Decree at least 24 months
pdor to
the deadlines set forth in Paragraph 86 for each such Unit, lwess those deadlines are less
thlt1l241l1onths after the date ofentry ofllis Decree. hi those cases only. (a) the Analysis shall
be delivel"ed within 180 days ofently of this Decree. and (b)
so
long as D1NI0 timely submits the
Analysis, any deadline for itllplemelltillg a PM Emission Control Equipment Upgrade may be
extended
in accordance with tbe provisions ofsubpal'ograph(c) below.
a. .
In conducting the Pollution Control Equipmellt Upgrade Al1alysis for any Unit,
DMO shall consider
all cOllullercially available control teclU1010gies. except that
DMO ueed 110t consider any ofthe following PM control measm'es:
1.
the complete replacement of the existing ESP 'Witha new ESP. FGD, or
Baghollse!
or
2.
the upgrade ofthe existing ESP
control~
through tbe installation ofany
supplemental PM pollution control device iftl1e costs
of snch upgrade are
equal to or greater than the costs
of
n
l"eplacement ESPt FOD, or Bag1l0\lSe
(on a total doUar-per-tou-of-poUutant-l'emovedbasis).
b.
With each Pollution Control Equipment Upgrade Analysis delivel'eclto EPA and
the State ofIllinois, DMO shall simultaneously deliver all documents that were
considered in preparing such Pollution
COl1tl'<~l
Equipment Upgrade Analysis.
DMO shall
l"etail1a qualified contractor to assist it1 the perfonnance nnd
completion of each Pollution Control EquipmentUpgrade Analysis.
c.
Beginning one (1) year after EPA and the State ofIllinois approve the
reconullendation(s)
U1ade
in
a Pollution Control Equipment Upgrade Atl£llysis for
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a Unit, DMO shall not operate that Unit wlless nil equipment called for in the
recommelldatioll(s) ofthe Pollution Control Equipment Upgrade Analysis has
been
installed, An installation pellod longer tban one year may be allowed if
DMG makes such a request
in
the Pollution Control Equipment Upgrade Analysis
and EPA and the
state
~fnliuois
detennine such additional time is nece-ss8lY due
to factors
inclUding
but not limited to the magnitude ofthe PM control project 01'
the need to address reliability concems that could l'eSultfrom 11lultiple Unit
outages within the
DMO System. Upon installation ofall equipment
l'econunendedunder
811
approved Pollution Control Equipment Upgrade
Aual~is~
DMO shall operate such equipment in compliance with the l'ecoJnmendation(s)of
the approved Pollution Control Equipment Upgrade Analysis, including
compliance with the PM Emission Rate specified
by
the l'ecol1l1nendation(s).
D.
eM
Emissions Monitoring
1. PM Stack Tests.
89.
BegiIming in calendar year 2005, and conti1luing
in
eacb calendar year thereafter,
DMG sball conduct a PM performance test 011 each DMG System Unit. The arumal
stac}~
test
requirement imposed
on each DMG System Unit
by
1his Paragraph may be satisfied by stack
tests conducted
by
DMG as required
by
its pemlits from the State ofDlinois for 8nyyear that.
such stack tests are required under the pemuts. Dl\.1G 1118Y perf01ID testing every other year,
rather than every year. provided that
two of the most recently completed test results :from tests
conducted
ill accordance with the methods and procedures specified in Paragrapb 90 de1l1onstmte
that the particulate matter enussiolls are equal to or less than O.0151b/1l1mBTU, DMG shall
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Page 35
perfoml testing every year, rather than every other year, begitUlillg ill the year immediately
following 811y test result demonstrating that the palticulate matter emissions are greater than
0.015 Ib/lllmBTU.
90.
The reference methods and procedures fOl' detelll1iniug compliance with PM
Emission Rates shall be those specified in 40 C.F.R. Pmt 60, Appendix A. Method 5. or an
altel'11ativemethod that is pl'omulgnted
by
EPA. requested for use llerein
by
DMO, and approved
for
U!le
herein
by EPA
and the State ofIllinois. Use of any particUlar method shall conform to
the
EPA requirements specified ill 40 C.F.R Part 60, Appelldi."( A and 40 C.F.R. § 60.488 (b)
and (e)3 or any federally approved method contained itl tbe Illinois State Implementation Plan.
DMG shall calculate the PM Emission Rates from the stnck test results
in
accordance with 40
C.F.R. § 60.S(f). TIle results of each PM stack test shall be submitted to EPA and the State of
Illinois within 45 dnys ofcOllll>letion of each test.
2. PMCEMS
91.
DMO shall instal1f1ud operate PM CEMS in flccordance with POl'agraphs 92
thl'Ough96. Each Ph.! CEMS shall compl'isea continuous particle
Dlass
monitol'measming
pm1iculate matter conceuf1'f1tion. dU'ectly01' ulwl'ectly. on an houl'1ynvel'agebasis nud a diluent
monitor used to convert the concentration to 1.udts oflb/11lmBTU. DMG shallluailltain,.in an
electl'onicdatabase, the hourly average emission values produced
by
all PM CEMS in
Ib/l1unBTU. DMG shall1.1se reasonable e1'f0115 to keep each PM CEMS
nU1uing
and producing
dnta whenever allY Unit sewed
by
the PM CEMS is operating.
92.
Within nine (9) months after entry ofthis Consent Decree. but in 8ny case no
later than J1.Ule 30. 2006. DMO shall submit to EPA and the State ofIl1illois fOl'review and
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Page 36
approval pursuant to Section
xm
(Review and Appl'Oval ofSubmittals) ofthis Consent Decree
(a)
a plan f01" the installation and certification of each PM CEMS; and (b) a proposed Quality
Assurance/Quality Control
e'QAlQC")
profocol that shall be followed
in
calibrating Buell P1\1
CEMS.
In
developing both the plan for installation and certification of1he PM ('EMSaud the
QAlQC
protocol, DMO shall use the critelia set forth in EPA'sAmendments to Standtu'dsof
PerfonllallCe for New Stationary Sources: MOllitoling Requirements, 69 Fed. Reg. 1786 (January
12,2004) ("P.S. 111'). EPA and tbe State ofUlinois shall expeditiouslyreview such submissions.
Following approval
by EPA and the State ofnlinois ofthe protocol. DMO shall thereafter
operate each
PM
CEMs in
accordance with the appl"Oved protocol.
93.
No later
than
the dates specified
below~
DMO shall install. certifY. and operate
~I
CEMS on fOlu' (4) Units. stacks or common stacks
in
accordance with the following
schedule:
STACK
DATE TO
COl\1l\'IENCE
OPERATION OF Pl\<I
CE1\IS
Ill: C:EM: 011 any DMG System
December
31, 2006
Unit not scheduled to receive
auFGD
2"" CEM: 011 allY DMO
December 31. 2007
System
Unit not scheduled to
receive
an FOD
3
rd
CEM on any DMG
December 31,2011
System Unit scheduled to
receive an
FOD
4
ib
CEM on any DMG System
December
31) 2012
Unit scheduled to receive
811
FGD
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94.
No later than ninety (90) days after DMO begins operation of the PM CE..1VIS,
DMO s11all conduct tests ofeach PM CEMS to demonstrate compliance with the Prvl CEMS
installation and ce1iification plan submitted to and approved
by
EPA and the State oflllinois in
accordance with Paragraph 92.
95.
DMO shall operate the PM CEMS for at least two (2) years 011 each oCthe Units
specified in Paragraph 93. After two (2) years ofoperation, DMO shall not be required to
contmue operating the PM: CEMS 011 auy such Units ifEPA detelmines that operation ofthe PM
Cffiv1S is no longer fea!>ible. Operation of a PM CEMS shall be considered no longer feasible if
(8) the PM CEMS cannot be kept in propel'condition for sufficient peliods of time to produce
reliable. adequate, or usefill data consistent with the
QAlQC
protocol; or (b) DMO demonstrates
tlmt
recurring.chrouic, or unusual equipment aq,juslment or servicing needs in relation to other
types of continuous emissiollmonitors caullot be resolved through reasonable expenditures of
resources.
If
EPA detennines that DMO has demonstrated pursuant to this Paragraph that
operation is 110 longer feasible.. DMG shall be entitled to discontinue operation ofand remove tIle
PMCEMS.
3. PM
Reportin~
96.
Followillg the installation of each PM CEMS. DMG shall begin and continue to
repolt to EPA, the State oflliinois. and the Citizen Plaintiffs, pursuant to Section XII (Periodic
Reporting),
the data recorded
by
the PM CEMS, expressed illlbfmmBTU 011 a 3-ho\1r rolling
average basis itl electronic fonuat. as required
by
Paragraph 91.
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E. Gelleral PM Provisions
97.
Nothing in
this- Consent Decree is intended to, or shall: alter or waive any
applicable law (inchidiug any defenses, entitlements, challenges, or clatifications related to the
Credible Evidence Rule,
62 Fed. Reg. 8315 (Feb. 27,1997) cOllcel1ling the use of data for mlY
pUllJose under the Act.
vn. PROHIBmON ON NETTING CREDITS OR
OFFSETS FROM REQumED CONTROLS
98.
Emission reductions that result from actions to be taken by DMG diet.entry of
this Consent Decree to comply with
the
1'eq1lirementsofthis Coment Decree s11a1111ot be
considered as a creditable contemporaneous emission decrease for the purpose of obtaining a
netting credit
1.1l1der tbe Clean Air Actts Nonattaiwuent NSR and PSD programs.
99.
Tbe limitations
on the generation and use ofllettiug credits 01' offsets set f01th in
the previous Parng:rspJ1 98 do 110t apply to emission reductions nchie\Ted
by
O:MO System Units
that are greater than those required under this Consent Decree.
For purposes of1his Parogtllph,
emi~ioll
reductions from a DMG System Unit are greater tban those required under this Consent
Decree
if, for example, they result frOlU DMG compliance with federally enforceable emission
limits
tlUlt
are lUore shingellt tl1an those limits imposed on DMG System Units unclel'this
Consent Decree
Bud uuder applicable provisions of the Clenn Air Act or the Illinois State
Implementation Plan.
100.
Nothing
in this Consent Decree is intended to preclude the emission reductions
generated ullderthis Consent Decree
:fi:om being considered
by
the State ofIJlinois 01'EPA as
creditable contemporaneous emission decreases for the pmpose
ofattaitullent demonstrations
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submitted pursuant to § 110 ofthe Act, 42 U.S.C. § 7410,01'in detennining impacts 011 NAAQS,
PSD increment, 01'
air
quality related values, including visibility, ill a Class I area.
VIII. ENVIRONMENTAL MITIGATION PROJECTS
101.
DMO shall implement the Enviro1Uuelltnll'vIitigatiollProjects «<Projects")
described
in
Appendix A to tllis Decree in compliance with the. approved plans and schedules for
such Projects and other te1UlS of this Consent Decree: DMG shall submit plans for tile Projects
to the Plaintiffs for review and approval pursuant to Seetioll xm (Review and Approval of
Submittals) of this Consent Decree in accordance with the schedules set forth in Appeudix A.
In
implementing the
Project~!
DMO shall spend 110 less than $15 lnillion in Project Dollars 011 or
before December 31,2007. DMO shall ulaintain, and present totbe Plaintiffs upon request, all
documents to substantiate the Project Dollars expended 8ud shall provide these dOClUnents to the
Plaintiffs within thirty (30) days of a l'equestby any ofthe Plaintiffs for the docwllents.
102.
All plans and relJOltS prepnredby DMO pursuant to the reql.lil'ements of tllis
Section ofthe Consent Decree and required to be s\tbtnitted to EPA shall be publicly available
from DMO Witllout cluuoge.
103.
DlVIG shall certify, as part of each plall sllbmitted to the Plaintiffs fOl' any Project,
that DMG is not otl1en,rise required by law to perfollllfhe Project descdbed in the plaUt that
DMO is uuaware ofany other persoll who is l"equired
by
law to perf01111 the Project, and that
DMO will uot use auy Project. or 1'011ionthereof. to satisfy any obligations that it may have
under other applicable requirements oflaw, including any applicable renewable portfolio
standards.
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104,
DMO shall use good faith efforts
to
seclu'eas much benefit as possible for the
Project Dollars expended, consistent with the applicable requirements and limits of this Consent
Decree,
105,
IfDMG elects (where sucll an
elect~on
is allowed) to undertake a Project by
contributing fuuds to another person 01'entity that will cany out the Pl'Ojectin lieu ofDMO, but
110t includiug DMG'sagents or cont1'Octors, tlmt persall or instnunentality must, iu writing: (n.)
identify its legal authority for accepting such illnding; and (b) identify its legal authority to
conduct the Project for which DMO contributes the funds. Rega1dless ofwhethel'DMG elected
(where such election is allowed) to undertake a Project by itselfor to do so
by
colltributiug ftmds
to anotherperson or iustnunentality that will carry out the Project
2
D~lO
acknOWledges that it
will receive credit for the expenditure ofsuch fimds as Pmject Dollars only ifDMO
demonstrates
that
the fiUlds have been actually spent by either DMG 01'by the person or
instl'UDlentalityreceiving them (or,
in
the case ofintemal costs.. have actuaUybeen incluTed
by
DMG). and that. such expellditures met all requirements oftWs Consent Decree.
106.
Begilming six (6) months after entry oftllis Consent Decree, and continuing twtil
completion of each Project (including any applicable periods ofdemonstration or testing), DMG
shall provide the Plaintiffs with semi-annual updates concerning the progress ofeach Project.
107.
Within sixty (60) days follOWing the completion ofeach PI'ojectreqnired under
this Consent. Decree (including any applicable petiods of demonstration or
testjng)~
DMG shall
submit to the Plaintiffs a l'ePOltthat documents the date that tlie PI'ojectwas completed, DMO's
results of implementing the Pl'Oject, including the
e1Uis~ion
reductions or other environmental
benefits achieved,
and the Project Dollars expended
by
D1\-1G Ul implementing the Project.
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IX. C'IVILPENALTY
108. Within thirty (30) calendar days after entry of this Consent Decree, DMG shall
pay to the United States a civil penalty in the amount of$9,000,000. The civil penalty shall be
paid by Electronic FUllds Transfer «'EFT")to the Ullited States Department ofJustice, in
accordance with current EFT procedures. referencing USAO
FUe
Nlunber 1999V00379
and
DOJ
Case NtUllber 90-5-2-1-06837 and the civil action case name and case mUllber of this action.
Tile costs ofsuch EFT shall be DMO'sresponsibility. Payment shall be made in accordance
with instmctions provided to DMO by tIle Financial Litigation Unit of the U.S. Attollley'sOffice
for the Sonthern District oflllinois.
Any
funds received after 2:00 p.m. EDT shall be credited on
the next business day. At the time ofpayment. DMO shall provide notice ofpayment:
referencing the USAO File Number, the DOr Case NlUllber, and the civil action case Ilame aud
case Iltunber, to the Department ofJustice and to EPA in accordance with Section XIX (Notices)
of this Consent Decree.
109.
Faihlre to timely pay the civil penalty sball subject D1vIG to interest accluing
from the date paymellt is due until tIle date payment is made at the rate pl'esclibed
by
28 U.S.C.
§ 1961, nnd shall render DMO liable for aU charges, costs,
fees~
and penalties established by law
for the benefit ofa creditor
01'
of the United States in seeming paymeut.
110. Payments made pl.u.suant to this Section are penalties within the meaning of
Section 162(1) of the Intemal Revenue
Code~
26 U.S.C. § 162(f), and are not tax-deductible
expenditures fol'
pl.Uposes
of rederallaw.
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X, RELEASE
AND
COVENAL"'ITNOT TO SUE
FOR ILLINOIS POWER COMPANY
Ill, Upon entry ofthis Decree, each ofthe Plaintiffs hereby forever releases Illinois
Power Company ti'om,and covenants
1lot
to sue illinois Power Company for, allY and all civil
claiInss causes ofaction, and liability under the Clean AirAct and/or the Illinois Envil'omnelltal
Protection Act that such Plaintiffc; could assert (whethel'such claims, causes ofaction, and
liability are, were, or ever will be cllaracterlzed as known 01'
\lnknown~
assel1ed or
ul1asserte~
liquidated 01'
contingent~
accmecl 01'lwaccmed), whel'esllch claims, causes of actioD, and
liability are based 011 any modification, within the meaning oHlle Clean Ail'Act and/or the
Dlinois Enviromnentnl Protection Act, lUldeltaken at any tinle before lodging ofthis Decree at
any DMO System Unit, including and without limi.tation ail such
claims~
causes ofaction, and
liability asserted,
01'
that could have been asselted, against DUnois Power Company by the United
States. the State ofDlinois
and/o~'the
Citizen Plaintiff,> in tbe lawsuit
styled~
Stntew
America. et at v, ,Illiusns Power
COWP1U!Y~egy
Mjdi!.est Generation. Inc.. Civil Actiol1
No,'99-S33-MJR and all such civil claims, causes ofaction, and liability asserted or that could
bave been or could be asserted under any 01' all of tbe follo\"\rillg stnttltOlY and/or regulatory
provisions:
a.
Parts C 01'D of 8l.1bchaptel'I ofthe Clean Air Act.
b.
Section 111 oHlle Clean Air Act and 40 C.F,R. section 60.14.
c,
The federally approved an<1 enforceable lllU10is State ImplelUentation Plan, but
only ulsofal'as such claims were alleged in the third amended complaint filed ill
the lawsuit so styled.
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d.
Sections 502(a) and :504(a) of the Clean Air Act, but only to tlle extent tbat such
claims are based 011 Dlinois Power'sfailure to obtain all operating penuit that
reflects applicable requirements imposed \Uldel'Parts C. or D ofSubchapter I, or
Section
III
~
ofthe Clean Ail'Act,
e,
Sections 9 and 51,
i
ofthe Illinois Environmental Protection Act, 415 ILeS 5/9 and
9.1, all applicable regulations promulgated thereuuder. and all relevant pdor
versions ofsuch statute and regulations, and
f.
Section 39.5 of the illinois Environmental Pl'Otectioll
Act~
415 !LeS
5/39.5,
and
all applicable regulations promulgated 1herelUlder. and all relevant prior versions
ofsucll statutes and regulations, but only to tbe extent. that snell claims are based
on Dlinois Power'sfailure to obtain an operating pellllit that reflects applicable
requirements imposed lmdel'Sections 9 and 9.1 ofthe Illinois Environmental
Protection Act, 415
ILeS
5/9 and 9.1,
where such claims, causes ofactions and liability are based on any modification,. within the
meaning of the Clean Air Act andlor the illinois Enviromnental Protection Act, lUlde11aken at
any time before lodging oftbis De<:l'ee at any DMO System Unit. As to Illinois Power
Company, such resolved claim.,; shall not be subject to the Bases for Put'suingResolved Claims
set folth
in
Section XI, Subsection B, oftbis Consent Decree.
112. In accordance with Paragrapb 171 ofthis Decree, in the event tbnt Illinois Power
acquires
3U
Ownership Interest
in~
or becomes
8n
operator (as that tetm is used and intel1>reted
under the Clean Air Act) of, allY DMG System Unit, this release shall become void 'withrespect
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to the Unit{s) to which the Ownership Interest. applies when and to the extent specified in
Paragraph 171.
n
RESOLUTION OF PLAINTIFFS' CML CLAIMS AGAINST DMG
A.
RESOLUTION QF PLAINTIFFS'CIVIL CLAIMS
113. Claims Based on Modifications Occurring Before the Lodging- ofDec1'«.
Bony ofthis Decree shall resolvenll civil claims ofthe Plaintiffs against DJ.\.!G under any or all
of:
a.
Parts COl'D of Subchapter I of the Clean
Ail'
Act,
b.
Section 111 ofthe Clean AU'Act and 40 C.F.R. Section 60.14,
c.
The federally approved and enforceable Illinois 5'tateImplementation Plan, but
0111y insofar as such claims were alleged in the third amended complaint filed in
fhe lawsuit styled United States of America. et a1. v. Illiuois Power C01upanv ang
12~gr.
Midwe§t
Geuer8tion~
Civil Action No. 99-833-MJR,.
d.
Sections 502{a.) and 504(a) oftlle Clean Air Act, but. only to the extent that such
claims are bnsed 011 DMG's or Illinois Power'sfailure to obtain 8n operating
pemrit. that reflects applicable requirements imposed under Parts C or D of
Subchapter I, 01' Section 111. ofthe Clean Ail'Act,
e.
Sections 9 and 9.1 oftbe Illinois Environmental Protection Act, 415
!LeS
5/9 and
9.1, all applicable regulations promulgated thereunder, and all relevant prior
versions ofsuch statute and regulations, and
f.
Section 39.5 ofthe Illinois Environmental Protection Act, 415 ILCS
5/39.5,
and
all applicable regulations promulgated thereunder, and all relevant plioI'versions
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of such statutes and regulations, but only to the extent that such claims are based
011 Illinois Power"s failw'eto obtain an operating penuit that reflects applicable
requirements imposed uncler Sections
9 811d 9.1 of the DlillOis Ellvirol111lental
Protection Act,
415lLCS
519
8nc19.1, .
that arose from allY modifications commenced at any DMG System Unit prior to the date of
lodging of this Decreet including but not limited to those modifications alleged in the
Complaints
filed 1n tIns civil action.
114.
Claims Based 011 Modificatiol1s After the Lodging ofDecree.
As to D.IvIO,enb.y ofthis Decree also shall resolve all civil claims ofthe Plaintiffs
agnitl~t
DMO
for pollutants regulated under
Pm1s
C or D of Subchapter I of the Clean
Ail'
Act, and under
regulations promulgated therelUlder as ofthe date oflodging of this Decree. where such claims
are based 011 a modification completecl before December 31, 201S and:
8,
commenced at auy DMG System lunt after lodging of tins Decree; or
b.
that tins Consent Decree expressly directs DMG to undeltake.
The
term "modification" as llSed in this Paragraph 114 sha111lave the .meaning that'term
is
given
under the Clean Ail'
Act
and under the regulations promulgated thereunder as ofJuly 31, 2003.
115.
Reopeners.
The Resolution ofllie Plaintiffs' Civil Claims against 01\.10, as
pl"Ovic1ed by tins Subsection A, is subject to the pmvisions of Subsection B ofthis Section.
B. PURSUIT OF PLAINTIFFS'CIVIL
CLAINIS
OTHERWISE RESOLVED
116.
Bases for Plu'suingResolyed Claims Act:QSS DMG System. IfDMO violates
System-Wide Annual Tonnage Liuutations
for NOll; required pUrSl\CUlt to Parngraph 51, tl1e
SystelU-\Vide AlUlual Tonnage Limitatio11s for S02 requit'edpursuant to Paragraph 73: or
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operafes a Unit more than ninety days past all installation date without completing the required
installation
or llpgl'8deand commencing operation of8Uy emissiollcontrol device requu.ed
pm.suantto
Paragraphs
5
1
~
54, 66, or 85.• then the Plaintiffs l1U'ypursue allY claim at 8ny DMG
System Unit that is otherwise resolved lwder Subsection A (Resolution ofPIailltiffs' Civil
Claims)t subject
to (n)
and (b) below.
a.
For any claim,:> based on modifications lwdel1aken at au Other Ul1it (i.e.
t
any Unit
of the DMG System that is 110t an Improved Unit for the pollutant
in
question),
claims way be pm.sued only where the lllodification(s) on wlnch such claim is
based was conunenced within the five (5) years preceding the violation or failure
specified
in this Paragraph.
b.
For any claims based on modifications Wldertnkeu at
8U
Improved UInt, claims
may be plll"Sued only where the modificatioll(s) on which such claim is
~ased
was
commenced (1) after lodging ofthe Consent Decree and (2) within the live years
preceding the violation
or failure specified in this Paragraph.
117.
Ad~itional
Bases fQl' Pursuing Resolyed Claims for Modifications at an Improyed
Unit Solely witll1.espect to Improved Ullits
3
the Plaintiffs may also pursue claiUlS arising ii.OIU 11
modification (or collectio1l ofmodifications) at an Improved Unit that have otherwise been
resolved
under Subsection A (Resolution ofPlaintiffs' Civil Claims), ifthe modification (or
collection of
modificatioll~)
at the Improved Unit 011 which such claims are based (a) was
conullenced after lodging ofthis Consent Decree. and (b) individually (or collectively) increased
the maximum
hOlU'lyemission rate of that UInt for NO
x
or 80
2
(as meas\l1-ed
by
40 C.F.R. §
60.14 (b) ond (h» by more than ten percellt (10%).
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118.
Additional Bases for Pursuing Resolved Claims for Modifications at an Other
Unit. a.
Solely with respect. to Other Units. the Plaintiffs 1l1ay also pursue claims ari,'dllg
fl:om a modification
(or collection Oflllodiflcations) at an Other Unit that have
otherwise
been resolved uncleI'Subsection A (Resolution ofPlaintiffs'Civil
Claimcs),
if the modification (or collection ofmodifications) at the Other Unit 011
which the claim is based was cOlluneuced within the five (5) yeRrs preceding any
ofthe following events:
1.
a modification (01' collection ofmodificatiolls) at sllch Other Unit
cOlIDuenced atl:e!" lodgintl ofthis Consent Decree increases the mnXiUlt11U
hourly emission rate for such Other Unit for the rele,,'alltpollutant (NOx or
SO~
(as measlu'edby 40 C.F.R. § 60.14(b) and (h»;
2.
the aggregate ofall Capital Expenditures made at such Other Unit
(a) exceed
S150lK\Von the Unit'sBoiler Island (based 011 the generating
capacitie.s identified in Paragraph 14) dUling the period from the dnte of
lodging of this Decree through December 31
t
2010, provided that Capitnl
Expenditures made solely for1ile conversion ofVennilion Units 1 and 2 to
low sulfur coaltIu'ougllthe earlier ofentry oftlus Consent Decree 01'
September 30, 2005. shall be excluded; or (b) exceed $1251K\Von 1he
Unit.s Boiler Island (based on the generating capacities identified in
Paragraph 14) during the peIiod from January 1. 2011 tlu'OughDecember
31. 201 S. (Capital Expenditures shall be measured in calendar year 2004
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constant
doUars~
as adjusted
by
the McG1'aw-HillEngineedng News-
Record Construction Cost Index); or
3.
a modification (or collection
ofmodifications) at such Other Unit
conullenced after lodging
ofthis Consent Decree results
in
an emissions
increase
ofNO,. 8nd/or 50
2at
sucll Other Unit, and such increase:
(i)
presents,
by
itself, or in combination with other emissions
or sources. "au imminent and
&'Ubstalltial endangerment" within
Ule meaning of Section 303 ofthe Act. 42 U.S.C. §7603;
(ii)
causes
01'
contributes to violatioll of a NAAQS
in
any Air
Quality Control Area that is ill
attainment with
that
NAAQS;
(iii)
causes
01'
contribtltes to violation of a PSD increment; or
(iv)
causes
01'
connibutes to any adverse impact on any
fQ11llally-recognized air quality and related values in any Class I
area.
4,
The
intl'Ochlctionofany new or changed NAAQS shall not,
standing alone. provide the showing needed lmeler Paragraph 113.
S'libparagraphs(3)(rl)
01'
(3)(ili), to pursue any claim for a modification at
an Other Unit l'eSolvedl.mdel'Subsection B ofthis Section.
b.
Solely with respect to Other Units at the plants listed below, the Plaintiffs lUay
also pursue claims 811sing from a modification (or collection of1l10dification.t;) at
such Other
Ul1it cOUlmenced after lodging ofthis Consent Decree ifsuch
modification
(01' collection
of1nodifi~atiolls) l'esldl~
in 8n emissiol1C) increase of
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NO
x
and/or S02 at such Other Unit, and such increase causes tbe emissions at the
Plant at issue to exceed the Plant-Wide Anllual T01lllage Emission Levels listed
below:
!lntt
§Q.. TOllS Limit
~xTonsUmU
Hennepin
9,050
2,650
Venuillioll
17.370 (in 200S)
3.360
5,650
(in 20015 a11CI
thereafter)
Wood River
13,700
3,100
XII.
PERIODIC REPORDNQ
119.
'Within one hundred eighty (180) days after each date established by this Consent
Decree for DMG to achieve and maintain a certain PM Emission Rate
at
any DMG System Unit,
DMO shall conduct a pelfornl311Ce test for PM that demonstrates compliance with the Emission
Rate required by this Consent Decree. Within forty-five (45) days ofeach such perfolluance
test,
DMG shall submit the l'esUltS ofthe perfonnance test to EPA. the State of llUnois, and the
Citizen Plaintiffs
at the addresses specified in Section XIX (Notices) ofthis Consent Decree.
120.
BegitUling thirty (30) days after the end of the second full calendar quarter
following
the
ent1'Y
ofthis Consent Decree. and continuing
011
a seuti-alUl\181 basis uutil
December
31.2015. and in addition to allY other express repol1illg requirement in this Consent
Decree. DMG sha11 submit to
EPA~
the State ofIllillOis, and the Citizen Plaintiffs nprogress
report
121.
The progress repOlt shall contain the following infol1uotion:
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a.
all illfom18tioll necessary to detennine compliance with"the requirements
ofthe followingPal1lg1'aphs oftWs Consent-Decree: Paragraphs 51, 52.53,54,
and 57 concelllillgNO
x
emissions; Paragraphs 66, 70.71,72 and 73 conce1lling
50
2
emission.',; Paragraphs 83, 84, 85.86,88
(if
applicable). 89.91,93, and 94
conce1l1ing PM emissions;
b.
dOC\Ullentation of any capital Expenditures made,
during
the period
covered by theprogress report. solely for the conversion ofVelluilion Units 1 and
2 to low sulftu'coal, but excluded fi"Om tlle
a&..~'egate
of Capital Expenditures
pursuant t.o Paragraph 118(a)(2);
c.
all infOlmation relating to emission allowances and cl'editsthat DMO
claims to bave generated ill accordance with Paragraph 61 through compliance
beyond the requirements
of this Consent Decree; and
d.
all infolluation indicating that the installation and cOllunencemenf of
operation for
fl
pollution control de\ice 1uay be delayed, including the nah.u'eand
cause of the delay, and any steps taken
by
DMG to mitignte s1.lell delay.
122.
III any
peri~cUc
!)cogress repo11 submittecl pursuant to this Section, D}YfG may
incorporate
by
reference inf01matiou pl"eviously submitted uuder its Title V pemlitting
reqlliremellts~
provided tbat DMG attaches the Title V petuut report. or tile relevant. portion
thereof, and provides a specific reference to the provisions
of the Title V pennit report that are
responsive to the infolluafion required in the
peliodi~
progress l'epolt.
123.
In addition to the progress repolts required pursuant to this Section, DMG shall
provide
n
written repol1 to EPA, the State of Illinois. and the Citizen Plaintiffs of any violation of
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the requirements ofthis COllsent. Decree within fifteen (15) caieucL1r days ofwilen DMO knew 01'
should have known ofany sllch violation. 1111111S
repolt~
DMO shall explain the cause or causes
of the violation and allmeas,11res taken or to be taken by DMG to prevent &llch violations in the
fhture.
124. Each DMG l'epo11shall be signed by DMG'sVice President ofEl1viromnental
Selvices orbis or her equivalent or designee ofat least the mllk ofVice
Presidellt~
and shall
contain the following certification:
This illfonl1ation was prepared either
by
lue or under
my
direction 01' supervision
ill accordance with
a.
system designed to assure that qualified personnel properly
gatller
and evaluate the infOlmatioll submitted. Based 011
my
evaluation, 01' the
direction and my inquuy ofthe pel'son(s)who manage the system, or the
person(s) dit'ectly
responsible for gatheting the infomlation, I hereby cet1ifyuudel'
penalty
oflaw that: to the best of
my
knowledge and beliet tIlls infoffilation is
tme!
nccul'nte~
and complete. I lmdel'standthat there are significant petlalUes for
submitting false, iIU1cclll'ate, 01' incomplete information to tbe United States.
125,
If
any S02 Allowances are sUn'ende1'ec1to auy third party pm.'suaut to tillS Consent
Decree, the third pal1y's
ce11ification pUrsURlltto Pal'agraph79 shall be signed
by
a managing
officer
of the third party and shall contain the following language:
I certify lmdel'penalty oflaw that,
[nalUe of third POliy]
will 110t sell, trade, 01'otherwise exchange any ofthe allowances and will not
u.~e
allY ofthe allowances to meet IDlY obligation imposed
by
any envil'omnentallaw.
I understnnd
tbat there are significllllt penalties for submitting false. inaccurate, 01'
incomplete information to the United States,
XIII. REVIEW
A~TD
APPROVAL OF SUBMITTALS
126. DMO shall submit each plnu, report. 01' other StlbllllSsioll required by this Decree
to the Plaiutiff(s) specified whenevet.such a document is required to be submitted for review or
approval
plu-suant to this Consent Decree. The Plaintiff(s) to whom the report is submitted, as
required, may approve
the submittal or decline to approve it and provide written COllUnellts
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explaining the bases for declining such approval. Such Plaintiflts) will endeavor to coordillate
their
COlUments into one doclUuent when explaining their bases for declining such approval.
Within
sixty (60) days ofreceiving written COlllments from any ofthe Plaintiffs, DMO shall
either: (a) revise the submittal consistent
with the wtitten comments and provide the revised
submittal to the Plaintiffs; or (b) submit the matter for dispute resolution, including the period of
i11fo11118l negotiations, uuder Section XVI (Dispute Resolution) ofthis Consent Decree.
127.
Upon receipt ofEPA'sfinal approval ofthe submittal. or upon completion ofthe
Subluittal pursuant to dispute resolution.
DMG shall implement the approved submittal in
accordance with the schedule specified therein or another EPA-approved schedule-.
XIV.
STIPULATED PENALTIES
128.
For auy failure
by
DMO to comply with the tenns of
tins
Consent Decree,. and
subject to the provisions ofSections XV (Force Majelu'e) and XVI (Dispute Resolution), DMO
shall pay. within thirty (30) clnys after receipt ofwlitten demand to DMG
by
the United States,
the following stipulated penalties
-to the United Slates:
Consent Decree Violation
Stipulnte<l Pennlt}'
R. Failure to pay tile civil penalty as specified
in
Section IX
$10,000 per day
(Civil Penalty) ofthis Consent Decree
b. Failure
to comply with any applicable 30-Day Rolling
Average Emission
Rate forNO
x
01' SO, or Emission
Rate
$2
1
500 per day per violation
for
PM. where the violation is less tban -5% ill excess of the
limits
set forth in this COll!i>ent Decree
c. Failure to comply with allY applicable 30-Day Rolling
Average Emission
Rate for NO
x
or S02 or Emission Rate
$5,000 pel'
day per violation
for PNI.
where the violation is equal to or greater than 5%
but less than 10% in excess of the limits set fOltll ill this
Consent Decree
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d. Failure to comply with any applicable 30-Dny Rolling
Average Emission Rate
for NOli: or SOl 01' Emission Rate
$10,000
per day per violation
for PM. where the 1riolatiou
is .equal to 01' greater tban 10%
in excess ofthe limits set forth in tlus Consent Decree
e. Failure to comply
Witll the System-Wide AlUll.1nI
$60,000 pel'calendro.. year, plus
Tomlage Limits for 8°
2•
where the violation is less thau
the
s\111'ender, pursuant to the
100
tOllS in excess of the limits set fOlth in this Consent
procedures
set forth in
Decree
Paragraphs
79 and 80 ofthis
Consent Decree,
ofS02
Allowances in an 8mowlt eqnal
to two times the munber aftons
by which the limitation was
exceeded
f. Failure
to comply with the System-\Vide Annual
$120.000 pel'calendar
year~
Tonna.ge Limits for S02'whel'e the violation is equal fo or
plus the slUl'ender,p1.U'sl.lant to
greater than 100
tons
in
excess of the limits set folt!a in this
the procedures
set forth ill
Consent Decree
Paragraphs
79 and 80 of tIns
Consent Decree, of80
2
Allowances in I;'n amOtUlt equal
to two timestlle 1lllIUber of tons
by which the limitation was
exceeded
g. Failure to comply
with the System-\Viele AlUmnI
$60,000 pel'calendar year,
plus
Tomlage Limits for NO
x'
whel'e the violation is less than
the sUlTender
ofNO"
100 tOllS ill excess ofthe limits set forth in this Consent
Allowances
in 8n amount equal
Decree
to two times the munber of tOllS
by which the luuitation was
exceeded
h. Failure to comply
with the System-\Viele Annual
$120,000 per calendar year,
T01lll8ge Limits for
NO
xt
where the violation is equal to or
plus the surrender ofNOx
greater than 100 tollS in excess oftIle limits set fol'th in this
Allowances
in all 311l0\Ult equal
Consent Decree
to two times the number of tOllS
by which the limitation was
exceeded
i.
Operation of a Unit required \1llder this Consent Decree
$10,000
per day pel'violation
to
be equipped with any NO". SO" 01' PM control device
during the first 30 days,
without the operation
ofsnch device. as l'equired
l.U1del'
this
$27,500
per day per violation
Consent Decree
thereafter
j. Failure to install or operate CEMS as required in 01is
$1.000 per day per violation
Consent Decree
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k.
Failure to conduct pelfoffilance tests ofPM emissions,
$1,000 perday per violation
as required in fbis Consent
Decn~e
1.
Failure to apply for any pennit required by Section XVII
$1,000 per day per violation
111. Failure to timely subllut, modifY, or implement, as
$750 per day per violation
approved,
the reports, plans, studies, analyse-s, protocols, or
during the
first ten days, $1,000
other submittals required by this Consent Decree
per day per violation thereafter
11. Using, selling or transfen"ing NO
x
Allowances except as
the s'U11'enderofNO"
pennitted by Pal1lgt'aphS'60 find 61
Allowances in an amomt eqt.u'll
to four times the 1l'lullberof
NO
x
Allowances used, sold, or
transferred
ill violation of this
Consent Decree
o. Faihu'eto sun-ender
S02
Allowances
as
required by
(0) $27,500 per day plus (b)
Paragraph 75
$1,000 per SOl Allo'w8ncenot
sUll'elldered
p. Failure to demonstrate the third-party sun'euderof an
$2,500 per day per violation
SOl Allowance
in accordance with Paragraph 79 and SO
q. Failure to undel1ake and complete any ofthe
$1,000 per day per violation
Environmental Mitigation Projects in
CO.111plimlCe wifh
dming the first 30 days, $5,000
Section
vm
(E1l'\
l
irODDlental Mitigation Projects) of this
per day per violation thereafter
Consent Decree
r. ..<\.ny other violation ofthis Consent Decl'ee
S1,000 per day per violation
129. Violatioll ofan Emission Rate that is based on a 30-Day Rolling Average is a
violation on every day on which the average is based. Where a violation
ofa 30-Day Rolling
Avemge Emission Rate (for the same pollutant and from the same source) recm'swithin peliods
of less than thirty (30) days. DMG sballliot pay a dail}r stipulated penalty for any day of the
reCtU1'ellCefor which a stipulated pel1a1tyhas already been paid.
130. In allY case in which the payment ofa stipulated penalty includes the Sl.ul'enderof
S02 Allowances, the provisions ofParagl'aph76 5holl not apply.
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131.
All stipulated penalties shall begin to accme on the day after the perfonllance is
due
or
011 the
day a violation occurs. whiche\rel'is applicable, and shall continue to
aCCl11e
until
pelfonu8nce is s8tisfactodly completed
or lmtil'theviolation ceases, whichever is applicable.
Nothing in
fltis ConsentDecree shall preventthe simultaneolls accrual of separate stipulated
penalties for separate violations ofthis. Consent Decree.
132.
DMG shall pay all stipulated penalties to the United States within thirty (30) days
ofreceipt of written demand to DMG ft.OIU the United States, and shall continue to make such
payments every thirty (30) days thereaftel.
\Ulti!
the violation(8) no longer continues, unless DMO
elects witbin20 days ofreceipt ofwdtten demand to DMG from the United States to dispute the
accl1lal
ofstipUlated penalties in accordance with tIle provisions in Section XVI (Dispute
Resolution)
ofthis COllsent Decree.
133.
Stipulated penalties shall continue
t.o accme as provided in accordance with
Paragraph 128 <huing mlY
di~pllte,
with
il1tere~t
on Dcemed stipulated penalties payable mId
calculated at the rate established
by
the Secretary ofUle TreasUlY. p\U'sllantto 28 U.S.C. § 1961,
but neeclnot be paid until the following:
a.
If
the dispute is resolved
by
agreement, orby
n
decision of Plaintiffs pursuant to
Section
XVI (Dispute Resolution) of this Consent Decree that is not appealed to
the
C01U't,
accl11ed stipulated penalties agreed or determined to
be
owi11g, together
with aeemed interest, shall
be paiel within thirty (30) days of the effective date of
the agreement or ofthe receipt of Plaintiffs' decision;
b.
If the dispute is appealed to the Comt and Plaintiffs prevail in wbole or
in
part,
DMG shall, within sixty (60) days ofreceipt ofthe
CO\ut's
decision or order, pay
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aU Decmed stipulated penalties detel1uilled
by
the Court to be owing
1
together
with interest accl1led on such penalties detennined
by
the COlll1 to be owing,
except as provided
in
Subpar8gt'aphC
J
below;
c.
If
the COlm's decision is appealed
by
any Palty. DMO shall.
within
fIfteen (15)
days ofreceipt ofthe final appellate cowt decision, pay all accrued stipulated
penalties determined to be owing. together with intel'estaccfuecl on such
stipulated penalties detemlined to be owing by the appellate court.
Notwithstffilding any other provision ofthis Consent Decree, the accmed stipulated penalties
agreed
by
the Plaintiffs and Dlv10, or determiued
by
the Plaintiffs through Dispute Resolution. to
be owing may be less than the stipulated penalty amounts set forth
in
Paragraph 128.
134,
All stipulated pennlties shall be paid in the 111anner set fortll in Section IX (Civil
Penalty) ofthis Consent Decree.
135. Should DMO fail to pay stipulated penalties
in
compliance 'II/iththe tenus oftllis
Consent
Decre~
the United States shall be entitled to collect interest on such penalties, as
provided for ill 28 U.S.C. §- 1961.
136, The stipulated penalties provided for in this Consent Decree shall be in addition
to any other ligbts, remedies: or sanctions available to the United States
by
reason ofDMG's
faihU'e to comply witb allY requirement. oftbis Consent Decree or applicable
la:w~
except that for
any violation of the Act for which this Consent Decree provides for payment of a stipulated
penalty. DMO shall be allowed a credit for stipulated penalties paid against any statutory
penalties also imposed for such violation.
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XV. FORCE MAJEURE
137, For p\l1'P0sesof this Consent Decree, 8 "Force MtUeure Event
11
shnll111ean an
event that has been or will be
cau.~ed
by circumstances beyond the control ofDMG, its
contractors, or any entity controlled
by
DMG tlmt delays compliance with any provision of tWs
Consent Decree or othelwi4)e causes a violation of any provision ofthis Conseut Decree despite
DIvIG'sbest. efforts to fulfill the obligation. ''Besteff011s to :fulfill the obligation" include using
best efforts to anticipate any potentinl Force MajelU'eEvent and to nddress the
effect~
ofany
sucb event (a) as
it
is occuningand (b) after
it
has
OCCWTe~
such that tlie delay or violation
is
minimized to the greatest. extent possible.
138. Notice ofForce Majeure Events. If any event occurs or has occurred that may
delay compliance with or otherwise cause a violation ofany obligatiolll.1nder tins Consent .
Decree, as to which DMG intends
to
assert a claim ofForce Majeure, DMO shall notifY the
Plaintiffs iu writing as soon as practicable, but iUll0 event latel'than fotllteen (14) business (lays
following the date DMG ftrst knew, 01'by the exercise ofdue diligence should have knOWll
t
that
the event caused 01'may cause such delay 01' violation. In tlus notice, DMO shall reference this
Pararn-aph ofthis Consent Decree and describe the anticipated length oftime that the delay
01'
violation may persist, the cause or causes of the delay 01'violation. aU meaSUl'estaken or to be
taken by DMG to prevent or minimize the delay or violation, the schedule
by
which DMO
proposes to implement those measures. and DMG'srationale for attdbutillg a delay o1'violntion
to a Force 1\'lajeureEvent. D1vlO shall adopt nIl1'easonnble
1llen~1U'es
to avoid 01' minimize such
delays 01' violations, DMG shall be deemed to know of any cirCUllll3tallce which DMG, its
cOllu:actors, or 811y entity controlled by DMG knew 01' should have kI10W11.
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139.
Failure to Give Notice. IfDMO fnils to comply with the notice requirements of
this Section, EPA (after consultation witb the State ofDlinois and the Citizen Plaintiffs) may
void DMG'sclaim for Force Majeure as to the specific event for which DMO has failed to
comply with such notice requirement.
140.
Plaintiff§t Response, EPA shall notify DMO in wdting regarding DMO'sclaim
ofForce Majeure \\itWu twenty (20) business days ofreceipt of the notice provided under
Paragraph 138. IfEPA (after consultation with the State ofIllinois and the Citizen Plaintiffs)
agrees
that a delay in perfom18nce has been or will be caused by a Force Majeure Event.. EPA
and DlvlG shall stipulate to all extension ofdeadline(s) forperfonnance ofthe affected
compliance requirement(s)
by
a period equal to the delay actually caused
by
tile event In
~11Cll
circumstances, an appropdate modification shall be made plU'Suant to Section XXIIl
(Modification) of this Consent Decree.
141.
Disagreement.
If
EPA Cafte!'consultation with the State ofIllillois and the Citizen
Plaintiffs) does not accept
DMO~:s
claim ofForce Majeul'e, or ifEPA Bnd DMO cannot agree on
the length of the delay actually caused by the Force rvlajeure Event, the matter shall be resolved
in accordance 'withSection XVI (Dispute Resolution) ofthis Consent Decree.
142.
Burden orPi'oaf.
In
allY dispute regarding Force Maje'lU.'e,DMO shall bear the
burden
ofpl'OVUlgthat. any delay in perfOffi1anCe or any other violation of any requirement of tWs
Consent Decree
was caused by or will be caused
by
a FOl'ceMajeure Event. DMG shall also
bear the burden
ofproving that DMG gave the notice required
by tIns
Section and the bmdeu of
proving the anticipated dumtioll and extent. of any delay(s) attributable to a Force Majeure Event.
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An
extension of one compliance date based on a pnrticular event m8Y. but v.illnot necessa1ily.
result
in an extension of a subsequent compliance date.
143.
Events Excluded. Unanticipated or increased costs 01'expenses associated with
the performance ofDIYIO's obligations under this Consent Decree shall not constitute a Force
Majeure EYent.
144.
Potential
Force Majeure EYents. TIle Parties agree tbat, depending UpOll the
circumstances related to 8n event and DMG'sresponse to such cil'C1.IDlStances, the kinds of
events listed below are among those that could qualify as Force Majeure Events within 'the
meaning ofthis Section:'
con.~t1llctiOll.
labor, or eqUipment delays; Malfimction ofa Unit or
emission control device; acts of God; acts ofwar 01'ten'o!is1U; and orders by a govelllmeut
offich'tl,govenuuent agency, other regulatory authority, or a l'eglonaltransmission organization,
acting WIder and anthotlzed
by
applicable law, that directs DMO to supply electricity in response
to n system-wide (state-wide or regional) emergency. Depending upon the circumstances £Iud
DMO'sresponse to such circuULIJumces, failw'e of npennifting 8uthol1ty to issue a necessary
pennit in
n
timely fashioull18y constitute a Force Maje\1re Event where the failure ofthe
pemlitting autholity to act is beyond the cOlltJ:ol ofDMG and DMO has taken all steps available
to
it
to obtain the necessary pennit, including. but not limited to: submitting a complete pemrit
application; l'espondingto requests for additional infol'watiollby the penllitting antholity in a
timely fashion; and accepting lawful pellIlit tenus and conditions ofter eKpeditiol.1sly exllamting
any legal rights to appenl tenus Dnd conditions imposed
by
the pelluitting authority.
145.
As patt of the resolution of any matter ft'Ubmittedto this C01.U1 under Section XVI
(Di$pl1te Resolution) of this Consent Decree regflrcUng a claim ofForce Majeure. the Plaintiffs
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Bnd DMG by agreement, 01'this Court
by
order,. may
in
appropliate
cil\.~Ul'lstances
extend or
modify the schedule for completion ofwol'k\IDdel'this Consent DeCl'eeto account for the delay
in the work that occlUTed as a l'e!>"Ult of any delay agreed to by the United States and the States
01'
approved by the COUlt. DMG shall be liable for stipulated penalties for its faillU'e thereafter to
complete the work in accordance with the extended or modified schedule (provided that DMG
shall not be precluded from making a ftu1:hel' claim ofForce MajeUl"e with regard to meeting any
such ex.tended or modified schedule).
XVI. DISPUTE RESOLUTION
146.
The dispute resolution procedure provided
by
thic; Section shall be available to
resolve all disputes al'ising\lUder this Consent Decree, provided that the Party invoking
~'\1ch
procedure has first made a good faith attempt to resolve the matter with the other Party.
147.
The dispute resolution pl"ocedlu'el'equiredherein
~hall
be invoked by one Party
giving "ttitten notice to the othel'Party advising ofa dispute pursuant to this Section. The notice
shall desclibe the nature of the dispute and shall state the noticing
P811y's
position with regard to
such dispute. The Party receiving 8\lCh a notice shall acknowledge receipt ofthe 1lotice, and the
Pat1ies in dispute shall expeditiously schedule a meeting to discuss the dispute infoffiUllly not
later than fourteen (14) days following receipt of such notice.
148. Disputes submitted to dispute resolution under this Section shall, in the fust
instance, be the subject of iufolln81 negotiations among tbe disputing Parties. Such period of
il1folll1alllegotiatiollS shallllot extend beyond thirty (30) calendar days frOnt tbe date of the first
meeting among the disputing Parties' representatives lIDless they agree in writing to sholtell 01"
extend this period. During the infolll'Ullnegotiations period, the disputing Palties may also
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submit their dispute to a mUhlc1l1y agreed 1.11>0n altelllative dispute resolutioll (ADR) fonun if tbe
Patties agree that the ADR activities can
be completect within the 30-day infotUlal negotiations
period
(01'sllc1l10nger perloct as the Parties may agree to in \\-Tfiting).
149. Ifthe disputing Pat1ies are unable to reach agreement dtuillg the illfonnal
negotiation period, tile Plaintiffs shall provide
DMO with a written sununary oftheirpositiol1
regarding the dispute. The written
position provided
by
Plaintiffs shall be considered binding
tulless, within fOlty-five
(45) calendar days
there.after~
DMO
seeks
judicial resolution offhe
dispnte
by
filing a petition with this
C01U.t.
TIle Plaintiffs
mny
respond to the petition within
forty-five (45) calendar days of filing. III their initial filings with the Comt uuder tllis Paragraph.
the disputing Palties shall state their respective positions
as to the applicable standard oflaw for
resolving
the plu'ticulardispute.
150.
Tbe time periods set out ill this Section may be shortened or lengthened upon
motion
to the COUlt of one of the Patties to the dispute, explaining the party'sbasis for seeking
such a scheduling
mocUfication.
151.
This Court shallllot draw any inferences nor establish any presllmptions adverse
to any disputing
Parly as a reSldt ofillvocation ofthis Section or the disputing Patties' inability
to reach agreement. .
152. As part ofthe resolution ofnllY dispute under this Section, in appropriate
circulllstances tile disputing Pmties may agree, or
tIus
C01Ut may
order~
a!l extension or
modification
of the schedule fOl' the completion of tbe activities l'eqtlired11nder this COllsent
Decree to accowlt for the delay tllat occ1l1Ted as a result ofdispute resolution. DMG shall be
liable for stipulated
penalties for its failure therenfter to complete the work in accordance with
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the exteudecl or modified
schedule~
provided that DMO shnllnot be precluded :fl:om asserting
that a Force NIajeure Event has caused or lUSY cause a delay in complying witll the extended or
modified schedule.
153.
The Comt sllall decide all disputes pm'sluUltto applicable principles oflaw for
resolving
such di&l)utes.
In
their initial filings witb the Court under Paragraph 149= the disputing
Parties shall state their respective positions
as to the applicable standard of law for resolving the
pal1icular dispute.
XVII. PERMITS
154.
Unless expressly stated otherwise in this Consent Decree:
in
allY instance where
otherwise applicable law or this Consent Decree l'eq1.1iresDMG to secure a peront to authorize
constmctioll
or operation ofany device contemplated llel'eiu, including all
preconstmct~on,
constmctioll, and operating pellnits required Wider state law, DMO shall 11lake such applicatioll
in a timely manner. EPA and the state of lllillois sball use their best effol1s to review
expeditiously all pemlit applications submitted by DlvIO to "meet the requirements of this
Consent. Decree.
155.
Notwithstanding the previous
Paragrapl~
nothing in this Consent Decree shall be
constnled to require DMG to apply for or obtain a PSD or NOl1attahuuent NSR l'ennitfor
physicol changes
hi, or changes in the method ofoperation of, any DMO System Unit that would
give
lise to claims resolved
by
Section XI. A. (Resolution ofPiailltiff'), Civil Claims) of flns
Consent Decree.
156.
When pelluits are required as desclibed ill Paragraph 154, DMO shall cOlllplete
and
~mbmit
applications for such permits to the appropriate autborities to allow time fot'all
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legally t'eqniredproces.c;ing
~nd
review of the penuit request
1
including requests for additional
infonllRtioll
by tbe pel'1lnttingautho1ities. Any fai1\u'e by DMO to submit a timely pelluit
application for any Unit in the DMO System shall bar any use by DMO ofSection XV (Force
Majeure) of this Consent Decree. where a Force Majeure claim is based on permitting delays.
157.
Notwithstanding the referellce to Title V permits in this COllsent Decree, the
enforcement ofsuch pemnts shall be in accordance with their OWll teons and the Act. The Title
V pemlits shallllot be enforceable uuder this Consent Decl'ee
3
although any tenll or limit
established by or under this Consent Decree shall be enforceable 11lldel' tins Consent Decree
regardless ofwhether such term has or will become palt ofa Title V penult, subject to the tenns
ofSectioll XXVII (Conditional Temunation ofEllforcemellt Ullc1er Decree) of this Consent
Decree.
158.
Within one hlUldl'edeighty
(180) days after entry of this Consent Decree, DMO
shall amend any applicable Title V pennit application, or apply for amendments ofits Title V
pennits, to include a schedule for all UnU.specific petformauce, operational, maintenance, Dnd
control tec1mology requirements established by tlUs Consent Decree including, but 110t limited to.
required emission rates and the requirement in Paragraph 75 pel1ainiug to the sWTender ofSOl
Allowances.
159. Witllill one (1) year from the COlllmencement ofoperatioll oreach pollution
control device to be installed. upgraded, or operated under this Consent Decree, DMG shall
81>ply to amend its Title V permit for the generating plant wllere such device is installed to
reflect all new l'equi:rementsapplicable to that plant, including,
b~1t
not limited to, any applicable
30-Da)'
Rolling Average Emission Rate.
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160.
Prior to January 1, 2015, DMG shall either: (a) apply to amend tbe Title V permit
for each
plant 111 the DMG System to include a provision. 'whiclls11all be identical for each Title
V pemrlt, that contains the allowance sUll'enderrequirements and the System-Wide Alumal
Tonnage
Limitations set forth in this Consent Decree; or (b) apply for amendments to the Illiuois
State Implementation
Plan to include such requirements and limitations therein.
161.
DMO
8J1811
pro'\tidethe Plaintiffs with a copy ofeach application to amend its
Title
V
pennit for a plant. within the DMG system, as well as a copy of any pennit proposed as a
result
of such application. to allow foi-timely participation in any public comment opportunity.
162.
IfDMO sells 01' transfers to an entity unrelated to DMG ("Third Party
Purchaser") palt or all ofits Ownership Interest in a Uuit
in
the DMG Sysfem, DMO shall
comply with the requirements ofSection XX (Sales or Transfers ofOwnership Interests) with
regard to fllat Unit prior to any such sale or transfer lmless. following any such sale or transfer.
DMO l'emaim the holder ofthe Title V pel1nit for such facility.
A'v'lII.lNFORMATIONCOLLECTION AND RETENTION
163.
Any authorized representative oftbe United States orflle State ofIl1inois,
including their attollleys. contractors, and consultants! upon pl'eselltation of credentials, shall
have n light of euny upon the premises of BUy facility in the
D~Ia
System atnny reasonable
time for the purpose of:
A.
1l10nitoling the progress ofactivities reqUired under tWs Consent Decree;
b.
verifying
any data 01' infonuation submitted to the United States ill accordance
with the tenns ofthis Consent Decree;
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XIX. NOTICES
167, Unless othclwise provided herein
3
whenever notifications: submissio1ls, 01'
communications ore required
by
this Consent Decree, the)'shall be 1Uode in Wliting Bud
addressed as follows:
Atl9..the UnitecI States QfAulerlcs'l.:.
Chief, Ellvirownental Enforcement Section
Envirownent and Natural ReSOl.l1.ces Division
U.S. Depal1mellt ofJustice
P.O. Box
7611~
Bell Franklin Station
\Vashingtoll, D.C. 20044-7611
DJ# 90-5-2-1-06837
and
Director, Air Enfol'cementDivision
Office ofEnforcenlellt and Compliance Assurance
U.S. Environmental Protection Agency
Ariel Rios Building [2242A]
1200 Pennsylvania Avenue, N.W.
Washillgton, DC 20460
and
Regional Administrator
U.S. EPA-Region 5
77 W. Jackson Sf.
Chicago,
II..
60604
,md
Oeorge Czerniak. Chief. AECAB
U.S. EPA- Region 5
77 W. Jackson Sf. - AE-17J
Chicago, IL 60604
As to the Stat.e QfIllinois:
Bureau Chief
Bm'eallQfAir
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Illinois Environmental Pl'otectiollAgency
1021
North Orand Avellue East, P.O. Box 19276
Splingfield, TIlinois 62794-9276
and
Bureau
Chief
Environmental Bureau
illinois Attorney General'sOffice
500 South Second Street
Springfield, Illinois 62706
As to the Citizen
PlaintitI~:
Executive Director
Environmental
Law
and Policy Center ofthe Midwest
35
East WnckerDr. Suite 1300
Chicago, illinois 60601-2110
Vice President, Environmental Health
&
Safety
Dynegy Midwest Generation, Inc.
2828 North Mom'Oe Street
DecatU1\ Illinois 62526
and
Executi,'eVice
President and General Couosel
DynegyInc.
1000 Louisiana
Street~
Suite 5800
Hous1on,Texas77002
As
to illinois Power ConW8ny:
Senior Vice President, General CO\1l1sel. and Secretaty
Dliuois
Power Company
One .Allleren Plaza
1901 Chouteau Avenue
St. Louis.
Missomi 63166
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168.
AllnotificatiollS, conumuuclltio1lS 01'S'l.lbmissio1lS made plU'suant to this Section
shall
be sent either by: (a) overnight mail or ove11light delivery selvice, or (b) cel1ified or
registered mail, fenUll receipt requested. AllllotificatiollS, cOlluuuuications and transmissiolls
(a) sent
by
overnight. cel1i:fied or registerec1mail shan be deemed submitted on the date they are
posttuarked,
or (b) sent by overnight delivery service shall be deemed submitted on the date they
ru:e delivered to the delivery service.
169,
Any
Party may change
~ithel'
.thenotice recipient or the address for providing
notices to itby serving all other Pal1ies with a notice setting forth such new notice recipient
01'
address.
XX.
SALES OR TRANSFERS OF OWNERSHIP lNTERESTS
170.
IfDMO proposes to sell or n.msferan O\\rnership Interest to an entity lUIl'elatedto
DMO ("TIlird Party PlU'Chaser"), it shall advise the Third Party Pw-cbaser in WIlting of the
existence oftbis
COl}..~ent
Decree pdor to sucll sale or transfer, and shall send a copy ofstlch
wrirtellllotlfic.afion to the Plaintiffs pursuant to Section XIX (Notices) of
this
Consent Decree at
least sL""'tty (60) days beforestlch proposed sale or transfer.
171.
No sale or transfer of an OWllel'shipIntel'estshall take place before the Third
Party Flll'c!laserand EPA have executed. and the Court has approved, a modification pursuant to
Section XXIII (Modification) oftIris Consent Decree making the Third Party Flu'chasera pal1y
to this
Consent Decree and jointly and
seveml1~1
liable with DMG for all the requirements of this
Decree that may be applicable to the
tmnsfelTl~d
or purchased Ownership hlterests. Should
Illinois Power (or any successor thereof) become n Thh'dParty Purchaser or
811
operator (as the
teml "operator" is used and interpreted \Ulder the Clean Air Act) ofallY DMO System Unit, then
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the provisions
in
Section X of this Consent Decree (Release and Covenant Not to Sue for lllillOis
Power Company) that apply to nIillOis Power shall no longer apply as to the
DM~
System
Unites) associated with the transfer, and
instea(~
the Resolution ofPlaiutiffs' Civil Claims
provisions in Section Xl that apply to DMO shall apply to Dlinois Power with respect to such
transferred Unites). and such clu11lges shall be reflected i11 the modification to the Decree
reflecting the sale or transfer ofan Ownership Interest contemplated
by
this Paragraph,
172,
TWs Consent Decree shall not be coustmed to impede the transfer ofany
O\\'llershipInterests between DMO
~\lld
allY Third Party PlU'chnserso long as the requirements of
this Consent Decree are met. This Consent Decree shall not be constmed to probibit a
contractual allocation - as between DMG and any Third Party Pltrchaser of Ownership Interests
- of the burdens ofcompliollce with this Decree! provided that both DMG and such Third Party
Purchaser shalll"en18ill jointly and sevemlly liable to EPA for the obligations of the Decree
applicable to the trmlSferred or purchased O\\'D.ershipInterests.
173,
If
EPA Rgl'ees.• EPA. DMG! and the Third Party PU1"cllaser that bas become a party
to this Consent Decree pursuant to Paragraph 171
~
may execute a. modification that relieves
DMG ofits liability tUldel' this Consent Decree
for~
and makes tIle Tbird Party Purchasel'liable
for, all obligations and liabilities applicable to the pttrchased or tt'ansferredOwnership Interests.
Notwithstanding
tbe foregoing, however, DMO may not assign, and 111ft)' not be released
:ti'01l~
any obligation under this Consent Decree that
is
not specific to the purchased ortransfelTed
Ownership Interests, including
the obligations set forth in Sections VITI (Bnvil'o1l1Uental
Mitigation Projects)
aud IX (Civil Penalty). Dl\rfO l1laypropose and the EPA may agree to
restrict the scope ofthe joint and severallinbility ofany purchaser or transferee for any
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obligations of this Consent Decree that are not specific to the transfell'ed01'purchased
Ownership Interests. to the extent such obligatioM may
be
adequately sepamted in an
enforceable lUanner.
174.
Paragraphs 170 ane1 171 ofthis Consent Decree do not apply if an Ownership
Interest is sold or transferred solely as collateral secm'ityin order to conSUUIDlare a financing
a111tngement (not including a sale-leaseback)3 so long as DIvlG: a) remains the operator (as that
telm is used and interpreted under the Clean Air Act) oHhe subject DMG System Unit(s); b)
remains subject to and liable for all obligations and liabilities of
tItis
Consent Decree; and c)
supplies Plaintiffs "itb the following certification within 30 days ofthe sale or trallSfel':
"Certificatioll
of Change
in
Ownership Interest Solely for Pmpose of Cousllnunatillg
Financing. We, the ChiefExecutive Officer and General COlUlSel ofDynegy Midwest
Generatioll, hereby jointly certify \Ulder Title 18 U.S.C. Section 1001, 011 our 0'\:"11bebalf
and on behalfofDynegy Midwest Generation ("DMG"), that any change in DMO's
Ownership Interest in any Unit that is caused
by
the sale 01' transfer as collateral secudty
ofsuch Ownership Interest in such Unites)
PlU'SU811ttO
the financing agreement
conSluUllYlted on [insert applicable date] betweell DMG and [insert applicable entity]: a)
is made solely for the purpose ofproviding collateral security in order to cons\wunate a
financing
ammgement; b) does not impair DMG'$ability, legally or ofhelwise. to comply
timely with all
temlS
and provisions of the Consent Decree
~lltel'ed
in
United States of
America, et al. v.
Illinois
Power Company and
~Wlegy
..'fidwesf Genemtiol1,
Inc.•
Civil
Action No. 99-833-MJR; c) does not affect DMG'soperational control of any Unit
covered by that Consent Decree in a nUUUler that is inconsistent with DMGSs
perfomlance ofits obligations under the Consent Decree; and d) in no way affects the
status ofDl\.1G'sobligations or liabilities under that Consent Decree."
XXI. EFFECTIVE DATE
175.
The effective date oftbis Consent Decree shall be tbe ctate upon which this
Consent
Decree is entered by the Court.
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x.."OI. RETENTION OF JURISDICTION
176.
The
COUlt
shall retain jurisdiction of this case after
euny
of this Consent Decree
to enforce compliance with the tenus and conditions oftbi8 Consent Decl'eeand to take any
actioJllleCessalY or appropriate for
its intelvretation. constrllction, execution, modification, or
adjudication ofdisputes. DUling the feml of this Consent Decree) allY Party to this Consent
Deci.eemay apply
to tlle Court for any relief necessary to construe or effectuate tlus Consent
Decree.
xxm.
MODIFICATION
177. The temlS of this Consent. Decree may be modified only by a subsequent written
agreement signed by the Plaintiffs and DMG.
~here
the modificatioJl constitutes a material
change to auy
tenll oft11i5 Decree. it shall be effective only upon approval by the Court.
xxrv. GENERAL PROVISIONS
178. Tllis Consent Decree is not a pennit Compliap.ce with the tenns of t11i., Consent
DeCl"ee does not guarantee compliance with all applicable federal, state, or local laws or
regUlations. The emission rates set forth herein do not relieve the Defendants from any
obligation to comply with other state and federal requirements lwder the Clean Air Act.
including the Defendants' obligation to satisfY
IDlY state modeling requirements set fOlth in the
Illinois State hnplemelltation Plan.
179.
TIllS Consent Decree
c10es
not apply to any c1aim(s) ofalleged criminal liability.
180. 111 auy subsequent administrative or judicial action initiated by any ofthe
Plaintiffs for htiWlctive reliefor civil penalties relating to the facilities covered by this Consent
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Decree, the Defendants sl1n11 not assert any defense 01' claim based upon ptinciples of waiver, !§
judicata, collateral estoppel, issue preclusion, claim preclusion, or claim splitting,
01"
any other
defense. based upon the contention that theclaims raised
by
any ofthe Plaintiffs in the
subsequent proceeding were brought, or should have been brougb4
in
tlle instant case;
provide~
howevet", that nothing in this Paragraph is intended to affect the validity ofSections X (Jtelease
and Covenant
Not
to Sue for Illinois
POWe1'
Company) and XI (Resolution ofPlaintiffs'Civil
Claims
Again~
DMO).
181. Except as specifically provided by this Consent Decree! nothing in this Consent
Decree.shall relieve the Defendants oftheir obligation to comply with all applicable federal,
state, and local laws Bllel regulations. Subject to the provisions in Sections X (Release and
Covenant Not to Sue for Illinois Power Company) and XI (Resolution ofPlaintiffs' Civil Claims
Against DMO). nothing contained
in
this Consent Decree shall be construed to prevent or limit
the lights ofthe PlaintiffS to obtain penalties or injunctive relieftmder the Act or other federnl,
state, 01' local statutes, regulations. 01'penuits.
182. Eve.ry telll1 expressly defined
by
tIus C01lSent Decree shall have Ole meaning
given to that tetm
by
this Consent Decree
and~
except as othetwise provided
in
this Decree.
eve1'Yother teml used in flus Decree that is also n telID lUldel'the Act or the regulatiolls
implementing the Act shall mean in thls Decree wIlat such tenD means mder the Act or those
implementing t-egulations.
183,
Nothillg in this Consellt Decree is intended to, or shall, alter or waive any
applicable law (including but not limited to any
defellses~
entitlements. challenges. or
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clarifications related to the Credible Evidence Rule. 62 Fed. Reg. 8314 (Feb. 24. 1997))
conce1'1lillg the
use of data for any purpose uncleI'the Act.
184.
Eac1l1i1l1it and/or otber requirement established
by
or uncleI' tbis Decree is a
separate, independent requirement.
185.
Perfonnallce standards, emissions limits, and other quantitative standards set by
or \Uldel'this Consent Decree must be met to the Jlumber ofsignificant digits
in
which the
standard or limit is expressed. For example, an Emission Rate of 0.100 is not nlet if the actual
Emission Rate is 0.10L. DMG shal1rouud the fourth significant digit. to the nearest third
~ignificant
digit, or the third significant digit to the nearest second significant. digit.
depel1di~
upon whether the limit is expressed to three or two significant digits.
Fo!'
example.• ifan actual
Emission Rate is 0.1004, tbat sball be reported as 0.100. and sball be in compliallcewith an
Emission Rate of 0.100, and ifan actual Emission Rate is 0.1005, that shall be reported as 0.101,
lind
shall
Dot
be iJl compliance with au Emission Rate of 0.100, DMO sball reporl data
to
the
number of significant digits
in
which tJle standard or limit is expressed.
186,
TIus
Consent Decree does not limit, enlarge 01' affect the lights ofany Party to
this Consent Decree as ngainst any third pa11ies.
187.
This Consent Decree constitutes the final. complete and exclusive agreement and
understanding among the Parties with respect
to
the settlement embodied
in
this Consent Decree,
llnd supel'cedesall plioI'agreements and understandings muong the Parties l'elatedto the subject
matter herein. No document, represent.ation, inducement. agreement, uuder.standing, 01' pl'Olllise
constitutes
any POlt of tbis Decree or the settlement it represents, 1101' shall tbey be used in
constming the tenDS of this Consent Decree.
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188.
Each Patty to this action shall bear its own costs and attomeys'fees.
XXV. SIGNATORIES
AND
SERVICE
189. Each undersigned representative of the Parties certifies that he or she is fully
authorized to enter into the terms and cOllditions of this ConsentDecree and to execute and
legally bind to
this
document the Party he or she represents.
190.
TIllS Consent Decree may be signed in counlelparts: and such Coulltelpart
sigllat1.u-e pages shall be given filiI force and effect
191. Each Party hereby agrees to accept selvice ofprocess
by
mail with respect to all
matters arising under
01'
relating to this Consent Decree and to waive the fOllual service
requirements set fOl1h in Rule 4 ofthe Federal Rule.') ofCivil Procedure and lily applicable Local
Rules ofnus Comt including, but not limited to, service of n SWIUllOns.
XXVI. PUBLIC COMMENT
192. The Parties agree and acknowledge that final approval
by
the United States and
entry of this Consent Decree is subject to the procedures of28 C.F.R. § 50.7, which provides for
llotice ofthe lodging oHms Consent Decree
in
the Federal Register, an opportunity for public
comment, and tbe light of the United States to withdraw or withhold consent if the comments
disclose facts or considerations wllich indicate that the Consent Decree is illappl'opliate,
improper
01'
inadequate. The Defendants shall not oppose entry of
this
Consent Decree
by
this
COl.ut 01"
challenge
nny
provision of this Consent Decree unless the United States has notified the
Defendants~
in writing, that the United States 110 longer supports entry of the c.onsent. Decree,
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XXVII. CONDITIONAL TERIvlINATION OF
ENFORCEIv.IE:NT
UNDER DECREE
193.
Termination as to Completed Tasks. As S0011 as DMG completes n const1llction
project
or any othel'requirement ofthis Consent Decree that is not ongoing or
l·ec~l'dng.
DMG
may,
by
nlotion to this COlU1. seek termination ofthe provision or provisions of tllis Consent
Decree that imposed the requirement.
194.
Conditional Tellnination ofEniorcement Through the Consent Decree. After
DMG:
a.
has successfhl1y completed cOllstmction:. and has maintained operation, of
all pollution controls as required by thi!) Consent Decree;
b.
has obtained final Title V permits (i) as'required
by
the
tenDS
oftms
Consent Decree;
(ii)
that cover all units in this Consent Decree; and
(iii)
that include as enforceable pellnit feints all ofthe Uuit pelfonnance and
other requirements specified
in
Section
XVII
(Permits) ofthis Consent
Decree;
lind
c.
certifies that the date is later than December 31,2015;
then DMG may so certify these facts to the Plaintiffs and this Court. Ifthe Plaintiffs do
not object in \\'Titingwith specific reasons within forty-five (45) days ofreceipt of
DMO's ce11mcation, then, for any Consent Decree Yiolations that occur after the filing of
notice, the Plaintiffs shall pursue entbrcement of the requirements contained in the Title
V
pennit tlu'ough-Ule appJicnble Title V pennit and not tbrough this Consent Decree.
195.
Resort to Enforcement under this Consent Decree. NQtwitbstfludiug Paragraph
194, ifenforcement of a provision
in
this Decree
C8lUlOt
be pursued by a
pal1y
tUlder the
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applicable Title V permit. or ifa Decree requirement was intended
to
be part ofa. Title V Pelmit
and did not become or remain pal'tofsuch pe.1l1ut, then such l'equirementmay be enforced lUlder
the
tenl1S of tbis Decree at any time.
XXVIII. FINAL JUDOME:NT
196.
Upon approval and entry offWs ConsentDecree
by
the Com1. this Consent
Decree shall constitute a finaljlldgment among the Plaintiffs. DMG, and Dlinois Power.
SO ORDERED, THIS __DAY OF
,200_.
HONORABLE MICHAEL J. REAGAN
UNITED STATES DISTRICT COURT JUDGE
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Siguattu'ePage fol' Consent Decree in:
United States of..4.mtJ17ca
1'.
Illi110is Power aud DylltJgv Midwest
Ge116mtion 111c.
FOR THE UNITED STATES OF Al'fERICA:
THOMAS L. SANSONEITI
Assistant Attorney
Gener~l
Envil'OlUuelltaland Nanu'alResoul'cesDivision
United States Department ofJustice
Nicole Veilleux
Trial
Attomey
Environmental Enforcement Section
Ellvil'OlUllentaland Natural Resources Division
United States Department ofJustice
William Coonan
Assistant United States Attorney
Southerll District ofIllinois
United States Depal1ment of Justice
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Signature Page for Consent Decree in:
united States afAmerica
v.
illinois Power Company {md Dynegy Midwest Generation Inc.
THOMAS V. SKINNER
Acting Assistant Adnlinistl'ator
Office
ofEnfol'cementand Compliance Assurance
Ullited Srates Enviro1lmental Protection Agency
ADAM M. KUSHNER
Acting Director.
Air
Enforcement Division
Office ofEnforcement and Compliance Assurance
Ullited States Enviromnental Protection Agency
Edwurd
J,
Messina
Atto1l1ey Advisor
Air Enforcement Division
Office
ofEllforcement and Compliance Assurance
United States Environmental
Protect~on
Agency
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Page 79
Signature Page for Consent Decree in:
Ul1ite.d States of
Amelica
11.
Dlinois Power CompaJl)'
and
~}lllegv
lliidwest Gelleration Inc.
Bharat Mathur
Acting Regional Admhlislrator
U.S. Environmental Protection Agency
Region
5
Mal'kPalellno
Associate Regional
COl.U1sel
U.S. Envir01UllentaI Protection Agency
Region 5
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Sigu8tllfe Page for Consent Decree in:
United States of.A.melica
1
1•
fllinois Power Company and Dynegy Midwest Generation Inc.
FOR THE STATE OF ILLINOIS
PEOPLE OF THE STATE OF ll.LINOIS ex
1"l~1:
LISA :M'ADIGAN
Att.orney General ofthe State ofDlinois
MATTHEW J.
DUNN~
Chief
Envirollmental Enforcement/Asbestos
Litigation Divi'Jion
by:
Thomas Da,;is, Chief
Enviro1lmental Bureau
Assistant Attomey General
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Sign3t111'ePage for Consent Decree in:
United States ofAmerica
1
1•
Il/;nois Power Compatt" and
Dyllegy
Midwest Generation Inc.
FOR CITIZEN PLAINTIFFS:
Albeit Ettinger
Senior StaffAttomey
Environmental
Law
and Policy Center of tIle Midwest.
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Signature. Page for Consent Decree
in:
United States ofAmel1ca
v.
Rli1'lois Power Company and DynegJ
J
.I.\1idH'est
Generation Inc.
FOR DYl\"EGY i\JID'VEST GE1'''ERATION:
Alec G. Dreyer
President
Dynegy Midwest Genenltion. Inc.
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Signature Page fo1' Consent Decree
in:
United States of
Amelica
1'.
nlinois Power Company
and
~'lIeg)'
lv.fidwest Generation Inc.
FOR
ILLINOL~
PO'WRCOl\1PAl''Y:
Steven R. SUllivan
Senior Vice President, Geneml Counsel and SeCl'etaly
lllinois Power Company
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APPENDIX A - MITIGATION PROJECTS REQUIREl\lENTS
Iii compliance with and in addition to tile reqnirements in Section VIII of the Consent Decree,
DMO shall comply with the requirements of
this
Appendix to enSlu'ethat the benefits of the
environmental mitigation projects are
achieved
I.
Advanced Tmck Stop Electtification Project
A,
Within one htul<lred thirty five (135) days nfter ently ofthis
COllsentDecl'e~
DMO shall submit a plan to the
Plaintiff.~
for 1'eviewand approval for the completion of
the installation ofAdvanced T1l1ck Stop Electrification) preferably at State ofIlliuois
owned rest areas nlong illinois interstate highways
in
the
st.
Louis Metro East area
(comprised
ofMacUson, Sf. Clairand !vfonroe Counties in nIinois) or as nearby as
possible. Long-haul truck drivers typically idle their en1rlnes at lught at rest areas to
supply heat 01' cooling
in
their sleeper cab comp81tments, mId to maintain vehicle battely
charge while electrical appliances such as TVs) computers and micl'owave£are in use.
Modifications
to rest areas to provide parking spaces with electrical power, heat and nir
conditioning
will allow tmck drivers to tum their engines off. Tmck driver utilization of
the Advanced lhlCk Stop Electrification will result
in
reduced idling time and theretbre
reduced fuel usage, rednced emissiolls
ofPM, NOx, VOCS auel toxies, and reduced noise.
This Project shall include, where llecess81Y, techniques and infrastmcture needed to
support such project. DMO shall spend no less than $1.5 million in Project Dollars in
pelfonning this Aclv8uced Tmck Stop Electrification Project.
B.
The })roposed plan shall satisfy the following cdterla:
1.
DesClibe how the work or project to be perfOlmed is consistent with
requirements of Section I. A., above.
2.
Involve rest areas located in areas that are either in tbe St Louis !vIetro
East area (comprised
ofMadison,
st.
Clair and Mom'oeCo\ulties in
illinois) or as nearby as reasonably possible.
3,
Provide for the cOllsfl'UctiotlofAdvanced Tmck Stop Elecfrification
stations with established teclmologies and equipment designed to reduce
emissions ofpal'Uculatesandlor ozone precursors.
4.
Account for hardware procurement
and installation costs at the recipient
tmckstops.
5.
Include a schedule for completing each podion of the project.
6.
Desclibe gellemlly fhe expected ellvirolUuental benefits of the project.
7.
DMO shall not profit from this project for the first five years of
implementation,
C.
Pelfol1118nCe - Upon lllJprovnl ofplan by the Plaintiffs. DMG shall complete the
mitigatioll project according to the approved plan lind schedule, but 110 Intel'than
December 31: 2007.
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II.
Middle ForkIVermilioll Land Donation
A.
Within sixty (60) ck1YS after enuy of the Consent Decree! DMO shall submit a
1'1011 to the Plaintiffs for review Bud approval for the transfer of ownersh.ip to the State of
Illinois Department ofNaturnI Resources QDNR), of
811
approxinmtely 1135 acre parcel
of land along the Middle Fork Vennilioll River
in
Vennition ComIty identified as the
Middle ForkIVennllioll (uProperty"). TIle vfllue of the Properly to be donated can be
faidy valued at $2.2S111iIlioll. Accordingly,
D~'IO's
fn11 and final tntnsfer of the Property
in accordance with the planslmll satisfy its requirement to spend atlenst $2.2:5 million
Project Dollars
to implement this project.
B.
TIle proposed
plan shall satisfy the following ctiteria:
1.
Describe
how the wOl'k or project to be perfollued is consistent with
requi1'ements of Section n. A.. above.
2.
This }>roject entails the donation ofthe entire parcel of laud owned by
DMG (an approximately 1135 acre parcel ofland) as oflodging ofthe
Consent
Decree along the East side of the Middle Fork Vermilion River in
Vennilion
COtUlty.
The Property is located between Kickapoo State Pal'k
and the Middle FOl'kStateFish and 'WildlifeArea aud Kell11ekl.lk County
Park on the East side ofthe Middle Fork ofthe Vel1lulion River.
Ownership
ofthe Pl'operlyand mwmgemeilt ofthe natural resources
thereon shall
be tl'ansfen'edto IDNR so as to
e~l.lre
the continued
preservation
and public use of Ule Property.
3.
The plan shall include DMO'sagt'eement toconvey to !DNR, the
Property, the Ancillary
Sfl11Cflu'es
and the Persoual Prope1'ty,
if
any, to the
extent located
on the Property, and to the extent owned by DMO. The
plan shall include steps for resolution ofall past liens, payment of all
outstcUldiug taxes, title transfer, and other snch illfonnation as
would be
necessary to convey the Property to !DNR, In all other respects, the
Property will be cOllveyedsubject to the easements, lights-of.way Bud
similar rights.offhil'dpatties existing as ofllie date ofthe conveyance,
4.
DMG .shall retain its existing right to tnke aud use the watel'from a
stripmine lake located
ill the NW
~
ofSection 28. T-20_N, R-12-\V,
3 P.M.
and in theNE
v..
ofSection 29, T-20_N. R-12-W. 3rd P.M. of
Vemilllioll County, noel an easeU1ent to access tlus water and to provide
electrical
powerto pUU1p the water.
s.
DMG agrees to finnish to IDNR a current Alta/ACSM Land Title Survey
ofthe Propertyprepared and certified
by
an Illinois t'egistel'edland
~tl1'Veyor.
6.
Desctibe generally the expected envirollmental bellefit for the project.
C.
Perfonuance -
Upon approval ofplan by the Plaintiffs. DMG slmll complete the
mitigation project according t.o tbe approved 1>1811 mId schedule, and convey such
Property plior to the date 180 clays fiUlll eutly of this Consent Decree or JlUle 30. 2006.
whichever is earlier,
Appendix A -
Page 2
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 86
ill.
Men;o East Laud Acquisition and Presemtion !lnd llli.tlois River
Prqject~
A.
Within sixty (60) days after entry of the Cousent Decree, and following
consultation with Plaintiffs, including on behalfofthe State ofIllinois. the ntinois
Departlllent ofNahll'alResow-ces, DMG shall submit a plan to tile Plaintiffs for review
aud approval for
the tJ:ansfer of$2.75 million to the illinois Conservation Foundation, 20
ILeS 880/15 (2004). The ftlllds fransfelTed by DMG to the lllinois Conservation
Foundation
s11all be used for the ex.press pU1'pose of acquiring natw-allands and habitat in
Ule Sf Louis Metro East area, for acquiring aneVor restoring endangered habitat along the
IUiuois River, and fOl' future ftulding of the Illinois River Sediment Removal find
Beneficial Reuse Initiative,. administered by the Waste Management Reso\u-ce Center of
IDNR. 111 addition. to the extent possible._ the funding shall be utilized to ellllance
existing wetlal1ds anel create new wetlands restoration projects at sites along the Illinois
River
between DMO'sHavana. Station and the Hennepin Station, and provide for public
use
ofacquired areas in
a
mmUU~l'
consistent with the ecology and historic uses ofthe
area. Fmthel'. to the extent possible. the :funding shall enable the removal and transpolt
ofbigh quality s'oiIsediments fi'Om the Illinois River bottom to end users. inclUding State
fish and wildlife areas, a local euvit"OlIDlental1ocmediation pl"Oject, and other projects
deemed belleficial
by
plailltiffs. Any properties acquh-ed through fhnding of this project
shall be placed in the peJn181lent ownership of the state ofIllinois anel presen"ed for
public use
by IDNR.
B.
The proposed plan shall satisfy- the following criteria:
i.
Describe how the work or project to be perfonned is consistent with
requitocments ofSectioll m. A., above.
2.
Include a schedUle for completing the funding of each portion oftbe
project.
.
3.
DeSClibe generally the expected environmental benefit. for the project.
C.
Pel'fOlmanCe- Upon apj>l"Oval ofplan by the Plaultiffs. DMG shall complete the
mitigation project according
to the approved plan and schedule, but 110 later than
December
31. 2007.
IV.
vermilion Power Station Mel'cmyControl Proiect
A.
Within sixty (60) (lays ofentry oftIle Consent Decree, DMO shall submit a plan
to the Plaintiffs for review and appl'Ovalfor the perfolD18nce of the Vellnilion Power
Station Mercury ContI.o} Project. The project will result in the installation of a bagho\lse.
along with a lSorbent injection system, to control mercmy emissions from Venllilion
Units 1 and 2, with a goal of acbievillg 90% 111ercury reductioll. For pUlposes of the
Cou~ent
Decree, ofthe approxinUltely $26.0 million expected capital cost for
construction and
instaUation of the baghotlse with a sorbent injection system, DMG shall
be deemed to lltlve expenited $7.5 million Pl'OjectDollars lipon COllUl1enCement of
opemtioll ofthis control technology, prOVided that DMO continues to operate the control
teclmology for five (5) years and
sun'endersany mercmy allowances and/or mercmy
reduction credits, as applicable, dluing the five (5) year period. Dl\.fG shall complete
Appendix. A - Page 3
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 87
construction and installation oHhe baghollse with a sorbent injection
system~
and
commence operation
ofsuch contl'oldevice. no latel'than J1Ule 30. 2007.
B.
The proposed plan shall satisfy
the following critelia:
1.
Describe how the work or project to be pertbmled is consistent with
requirements of Section
IV. A.• above.
2.
Include a general schedule and budget for completion of the const11.1ctio11
of the baghonse and sorbent injection system, along with a plan for the
submittal
ofperiodic reports to the Plaintiffs on the progress ofthe work
tluough completion ofthe
constn1ction and the commencement of
operation ofthe baghollse and SOl"bent injection system.
3.
The sOl'benthljection system shall be designed to inject. sufficient amouuts
ofsorbent
to collect (and remove) mercury emissions from the coal-fired
boilers
and to promote the goal ofachieving a total mercury reduction of
90%.
4.
DMG shall not be !)enuitted to benefit, lwdel'any federal or state mercury
cap
Bnd trade program,. from the opemtioll ofthis project before June 30,
2012 (ifsuch Et cap and trade system
is
legally ill effect at that time).
Specifically, DMG shall not be pemlitted to sell, or use within its system,
any mercury allowances and/or mercuty reduction credits eamed through
resulting
lUel'Cmyreductions under any Mel'CulYMACT rule 01'other state
or
fedel'almercl.U'Ycredit/allowance trading program" through June 30,
2012.
S.
From July 1,2007 through June 30, 2012, DMO shall surrender to EPA
any and all mel'cl11Ycredits/allowances obtained tllfough merc1.uy
reductions resulting fl..om
Uris project.
6.
DMG shall provide the Plaintiffs, upon completion of tlle constructioll 8ud
continuing for five (5) years
thereafter~
with semi-annual updates
documenting:
a) the merc1.U'Yreduction achieved, inclUding SlUlllUalies of
allllle1'culYtesting and allY available continuous emissions monitoring
data;
and b) any mercury allowances fiud/or mercury reduction credits
eomed
thl'OugbresUlting mel'Curyreductions under any Mercmy IvfACT
mle or other state or federalmel'cmycredit/allowance trading program,
and SlUTender thereof. DMO also shall make such semi-annual updnte.'!!
cOllceming the
pelfol'lllall~e
of the project available to t1le public. Such
infollllation disclosure shall include. but not be
limited to. release ofsemi-
annual progress
t"epo11s clea1'lyidentifYing demonstrated removal
efficiencies
oflllerCtuy, sorbent h\iection rates, an(l cost effectiveness.
7.
Describe generally the expected enviromnental benefit fOl' the project.
Co
Pelfonnance - Upon approval ofplan by tbe Plaintiffs, DMG shall complete the
mitigntion project according to the approved pIau and schedule.
Appendix A - Page 4
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 88
V.
M1Ulicipnl and Educational Building Energy Conselvation
&
Energy Efficiency
Projects
A.
Within one huudred thirty five (135) days after enny of the COllsent Decree=
DMG shall submit a plan to Plaintiffs for review find approval for the completion of the
MlUllcipal
and Educational Building Energy ConselVatioll & Energy Efficiency
Projects~
as described herein. DMO shall spend no less "than $1.0 million Project. DOUafiJ for the
purchase
and installation ofenvironmentally beneficial energy technologies for
municipal
and public educational buildings itl the Metto East area or the City ofSt.
Louis.
B.
Tile proposed plan slmll satisfy the following criterin:
1.
DeSct'ibe how the work 01'projectto be perfot1ued is consistent with
requirements of Section V. A .• above.
2.
Include
n
general schedule find blldget. (for
$1.0 million) for completion of
the projects.
3.
De.sctibe generally the expected environmental benefit for the project.
C.
Pelfol1uance - Upon approval ofplan by tIle Plaintiffs. DMO shall complete the
mitigation project according'tothe approved pIon
andsched111~
but 110 later than
December
31, 2007.
Appendix A - Page :5
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 89
V,.",
tt.. '-Ch\,Sfthl)1
Caso
3:9g..ov-00l33:'~IVlJR~C.JP
Document 699
Filed
11/21/2005
Page'l of 2
t).eO'-;e~
IN ....
HE UNITED STATES
mSTRJC'fCOVItT
FOR1'HESOUTHRRNDI5i'RICTOF ILUJI{chs
L1l\TJTl.:ll
S1'.i\TICS
'OFAM ERICA,)
PtulntJff,
PlJ\intUts -.1
ntervcmor,
)
)
.)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
-)
n ...
LINOISPOW~R
COMPANY
lUlU
)
DYNEGY
~liDWE$l'
GENIt:RATION, :)
lNC.~
)
)
)
THE STNl'.EOF
ILUNOlS~
AMfi~RICANJJO'JTO~1
(lONSEl\VANC\''.
JU~ALTHJ.\NI>~NVJRON~1ENiAL
.ruSTICE.- ST. LOUIS. INC.,
IU;U~~1$
frl'~WAR.uSllJr
ALl;l,At'lCE,'nod
~PMIRn5
RiVERs
NE'fWORK,
ORDER MOnHi"YJNG
CONSENT DEmQl
Decree"
(O~C,
697) 'wllOl'cbytbc.Phrties seek to mCldif)' tbe Corislmt OO:Cref:
~nt<:n:d
in
tbe
above...
Cllptioncdmlltl~j'.
tJ'p(m,tnrer\,t~nsidcr"tiQll
\lflll<:Conscllt
D~cfe¢uud
the Sliptdlltion filed by the Polldes,
f.r
18
HEREBY
ORJlEUED,
ADJUDGI~D
nnd
1).~CR.;En
lllll.uhe
(\'msent
Oc-c.rce
(,'nlcr~~d
in
Uli~
mattei'lSR,ncnl'lcd us follows:
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 90
Case 3:99'CV..0083'-N1JR-CJP Oocument699 Filed
1'I/21i2005
~~a:2
of2
Appcm:\ix A. Subsection H•.
I~ara8r:"'Ph
C. :is omellai!',dl(trell<h
"P.e.r..fooTwnce -
Up.m, il[}J)l'01r1JJ 4)fpl!lJl:
by
.tbe }lll'lbnlf'$,OMG S}HJ1I<lOlnplclc
tbe'n1it!'~trOfI.
,p.roj(:~lt\cc~~iling
1{)1!~~:
;tl)P.roY.~
pJal\.a~c1'~boo.ule.
-and
eOlUtI~Y"$\ll:ll.PlopartY.n.a..lft.t£I'
Ulan
J:wje
aO,
200,6·~~
trailS l:Re tft!jys
p~,,.et:ltI'Y
of.i1tl~ e",m~l~t
Bect Cot: cit
Jtlne~
IT IS
SO
.oRDE~D.
s/MicbncLI,
B.t3.f#.awn~
__
MiclIAICL J. REAGAN
United
Stat.cs l>i.sUict !utJgc
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 91
IN THE UNITED STATES DISTRICT COURT
FOR
THE
SOUTHERN DISTRICT OF ILLINOIS
UNITED STATES
OF AMERICA,
)
)
Plaintiff,
)
)
and
)
)
THE
STATE OF ILLINOIS, AMERICAN
)
BOTTOM CONSERVANCY, HEALTH AND
)
ENVIRONMENTAL JUSTICE - ST. LOUIS,
)
INC.,
ILLINOIS STEWARDSffiP ALLIANCE,
)
and PRAIRIE RIVERS NETWORK
)
)
Plaintiff-Intervenors
)
)
v.
)
)
ILLINOIS POWER COMPANY and
)
DYNEGY MIDWEST GENERATION, INC.,
)
)
Defendants.
)
)
Civil Action No. 99-833-MJR
.
ORDER
THISMATIER comes before the Court upon the "United States'Motion to Enter
Proposed Consent Decree Modifications" (Doc.
703) which includes the parties'"Joint
Stipulation to Modify Consent Decree." Therein, the parnes seek to modifY particular provisions
ofthe Consent Decree entered
in
this matter on May 27,2005 (Doc. 695).
With respect to Section VI
ofthe Consent Decree, concerning particulate matter ("PM")
emission reduction and control requirements, the United States lodged proposed modifications
with the Court on March 20, 2006
(Doc. 702), pending publication ofa notice
in
the Federal
Register and
an opportunity for public comment on the proposed modifications. Thereafter, the
United States published such notice at
71 Fed. Reg. 27516 (May 11,2006), and represents that it
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 92
,."
received no public comments concerning the proposed modifications during the 30-day period
following publication
ofthe notice.
The proposed modifications
to the PM provisions are (l) to delete entirely the provisions
that provide Dynegy Midwest
Generation, Inc. ("DMG") with the option to perform a Pollution
Control Equipment Upgrade Analysis in lieu ofmeeting the default emissions rate of0.030
IbslmmBTU for any of the seven units named in the Decree; instead, each ofthese seven units
would be required
to meet the rate of0.030 Ib/mmBTU by the dates specified, and (2) to set the
same December 31, 2008 deadline for the two Hennepin units to be
in
compliance with the 0.030
IbslnunBTU emission limit under the Consent Decree instead ofpennitting DMG
to comply
with this emission rate at one Hennepin unit by December
31, 2006 and at the other Hennepin
writ by December 31, 2010. The United States explains that this modification will result in
sooner overall
PM emission reductions than would the original provisions ifDMG had exercised
its option under the Consent Decree'soriginal terms to control the smaller Hennepin unit by the
earlier date
and the larger unit by the later date.
With respect to the requirement
in
Appendix A to the Consent Decree concerning the
deadline for DMG to convey the Middle
ForkIVermilion Property ("Property") to the State of
lllinois Department ofNatural Resources ("IDNR", the Court previously entered the parties'
joint request
to extend this date to June 30, 2006. Doc. 699. The parties now seek a
modification
to Appendix A to provide for an additional extension until September 30, 2006 due
to numerous difficulties DMG has encountered during
~he
land survey process, including
easements
and encroachments on the property.
Upon careful consideration ofthe United States'Motion to Enter Proposed Consent
Decree Modifications, the Court is satisfied that the proposed modifications are justified and in
2
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 93
the public interest. All parties support entry ofthcse modifications, and no public comments
were submitted
in
opposition. Therefore, IT IS HEREBY ORDERED, ADJUDGED and
DECREED that, pursuant
to the parties'Joint Stipulation to ModifY Consent Decree, the
Consent Decree entered
in
this matter on May 27,2005, is amended as provided below:
1.
Paragraph 86 ofthe Consent Decree is modified as follows:
"86.
At each unit listed below, no later than the dates specified, and continuing
thereafter, DMO shall operate ESPs or alternative PM control equipment at the following
Units to achieve and maintain a PM emissions rate
ofnot greater than 0.030 Ib/mmBTU:
Unit
Date
Havana Unit 6
December 31. 2005
1
st
Wood River Unit
December 31,2005
(i.e., either ofWood River
Units
4 or 5)
2
nd
Wood River Unit (i.e., the
December 31,2007
remainimz Wood River Unit)
lIt Hennepin Unit (i.e., either
DccclnbCi 31, 28B6
ofHenneDin Units 1 or 2)
December 31 2008
2
nd
Hennepin Unit (i.e., the
Dcccmboi 31, 281B
remaininl!. Hennepin Unit)
Decemher 31 2008
1
st
Vennilion Unit (i.e., either
December 31, 2010
ofVennilion Units
1
or 2)
2
nd
Vennilion Unit (i.e., the
December 31, 2010
remainine: Vennilion Unit)
[Remainder ofParagraph deleted.]"
2.
Paragraph 88 is deleted in its entirety, and replaced with a paragraph placeholder,
as follows:
"88.
[Omitted.]"
3
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 94.
...
,
3.
Appendix A, Subsection TI, Paragraph C, is modified as follows:
Performance - Upon approval
ofplan by the Plaintiffs, DMG shall complete the
mitigation project according to the approved plan and schedule, and convey such
Property no later than
1Ll1IC 30, 2006 Se,ptember 30. 2006.
4.
All provisions
ofthe Consent Decree unaffected by the foregoing modifications
-shall operate
in
conjunction with these new provisions in the same manner and to the same
extent as did the substituted language in the original Consent Decree; and
S.
Except as specifically provided
in
this Order, all other tenns and conditions ofthe
Consent Decree will remain unchanged and in full effect.
DONEandORDEREDIhis~YOf
lI-H]tU
r
.2006.
4
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 95
Case 3!9-9-cv"Q0833-MJR-CJP ,Document 708 Filed 10/26/2006. Page 1of 3
JNTHE.UN1TED
'STAT~
DI$1'!trCT
COl;ltT
FOlt1·n&8.0UTutRNDlST:RICT,()FnJ~INOJS
llN1TEi) STATES'<lF
AMERlCi\~
)
)
~lailJ.if(,
)
)
.ftJld
J
.)
TIIESTA'1~E~OF
no!(~.NOIS~
j\MERICAN
)
BOTOOl\f
CONS~VA~CY,
IfEAL1'II.AND )
t4NVJRQNt.·mNTA'~
JlJS'tICE.... 8'l"';I;iO{flS,
)
INCi,lLLlNOlSBTE'VAIWSmPALL1A:NCt ")
Qnd.pn:Anuit::alVERs NET\VORK,
")
)
l'lahltl.ft..J.u.terveuorS;
)
)
~
J
)
DJ,JN01S.POWEROOMP.ANV find
J
DY~Y~lIDWJ;bT
GItN,KRA.TI0N,lNC..,
)
)
iDefclldnnts..
1
)
°BD:EB
REAOA;N;..Di$tri¢t.JUdgez:
TIns
MAttER comes-llefore the COUrl \lllOIl the
'~Joint
'Motion l() .1\todify
COJl$:Jlt
_Devl~b
in WlliebUte PlaintiJTli
l
loSclhci'Willl Defendant ,oYlegy Midwest
Gcncmti6n~
Ino.! sedt.tornO<Jify
p~fijc\Jltlrprovislolls
of tite (}Qhsont Docroo
~ntered-lnthi8
UlaUet
:011 May
Specjfic-.llU}·~
the
movinsphrliesha"e
spught
lonooify (he
te{Juiroment in
AppendiK A to the C-ollRe.it Decree conoornlns. the deadlino for DMO to convey tltcMi(Jdle
FnrklVermutOil .Properly ("Property.") to
the
State of Illinois Departmont 'OfNaturnl
Reoou~s
e'lI;)NR~·).
On
FcbruQ1}~
17, 2.006.lhe Court entered the pm1ics'jOlntlequest to extend this date
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 96
Casal
a;9g~ov~Oa33',;.MJIR:
..CJP
Document 708. .FUed
10/26/2006
Page,"2 of 3
to June
3Qj 200t). On August
~! 2006,:1l1~-COUJt
entflredEl
funller nquestJointly Sllbmttted
by
th\l.JIW.ViJ.lll
pardc.s. to -extend -this
date 10
Scplember :lli 200t). Too ?arties
now
seek
3.
further
.lDodlft.c.adon'toi\ppendi:< A{(),provide
rorlUl~ddiHon8)
eXlcn$iou-unlil
DccetrlPer 3),
2~due
eMcm~l
and
cncroftchme.i11sundm
proper4t.
QJ100 -carefulconsidetation. of'theJoint Motion:to. Modit}' COnsent Decree. Jhe
Court is satisfied that the proposed:modfflcadol): tsjustlfled.aud.1n dte
~ubltc,
lwercst.
1herothn; IT lS HEREB't ORDBRBD, ADJUDGED and. PECiillBO that,.
l)Qt5mtnl to.
tl~
Jpit'f
Motion to Modify
Con!iCnt~rcc;.
the Con&e.ntDecree
~ntered
fllthis
.L
Ap}>cmdix
At
S\tbSOOhon
n~"arn~raph.C~
is.modifled as follows:
IJ.e.rf()nnanc-e. -\JPOJl:applnval.ofpJa-nby the .P.Juintj1'&, DMG.shall
(11)il1pl1,~te·'tJle
mft~gation
Jrojj,ct acconting: fO.1be 3Pp.:toved p1an und.
~¢hedttle,and
ct):Rvey .l!-uc.h
:Plvpcrly'uolater thall December3J! %006.
2!
MI!)f\}viil\lnS of the CQilSe,il
p~tm3~ u~ur1hcl¢d
by 610 fQregoing
JJl~mcatioll
slmll
~p¢1·(lto:in·wnjunctiQll
with .this ne.wprov.lsion
in
the sume manner :and to-ilic"sr1iiio Dxicn£
as did the.&:.lIbsJituledllliJguago:
in
tho originnLConsmt.
De~r~e;
\lnd
~.
.
nxc~pt~~.s ~p.ecJr.~!iUy·:provl:4i:d.
JrrthlJ
Q.t(1¢t•
.-.llothor1e:rills and aouditi()[l$"ofthe
:IT ISSOUROERED.
DATED
tltls:
26tb .du)' of
OCtober, 2006.
B$tlcbuel J. Rmggn
MICIIAEL J.lEAOAN
Ullite-d Stutes
Di.~tdct.ludge
2
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 97
IN.'raJ£(fNJTEPSTATES :PISTRICT fiJ91.1U'
Fon
THS.SOUTHEIh"nrSTRICTOF ILLINOIS
UNITED STi.\"rES,.{)]tlAMRIUCA.
)
)
P191nHfr,
)
)
.3'l<i
)
.>
TBESTATE OF R.UNOJ$, A1\tERICAN
.)
QOTfOl\il.<;QN~E~Vi\N~Vt.fIEALTHAW
)
ENViitoN1\utetrAL.JuSticE-
ST~ LoiilS~
}
INC., ILLINOJ$.b.TItWARnSRW
AL~lANCE,
)
and .PRAmmnlVtRS.NETw'ORK
.>
)
:pJfilnUrr,.Int\lrve:nors
)
1
~
)
)
lLLlN01SP<JWER
COMPANY
and
").
])YNWY .MIDWESTij:ENERAl'ION,
)NC~,
).
)
lhlfen.dlufts-?
") .
)
°RUIB
REAGAN".DIstrictc,fuclgc:
THIS MATTBR. C0111es before
ll1c Court .upon tbe
;f-J01.1t Motion t6Modilj
Consont
l)~crc;c"in
\vmch
·tbol~laj.ntUn.ltogetber
wJlb
DyhCgy
Mtdm!it
aCilemti()Jls.JllC.~
seek to
modify portioldar.prov.i5ionsofthc
Cons\}ntD~reeel\tered:in
thistnatjrr. on
M~y27t
.2005.
Specifically, the- nlPvlng partie-s have
s~g'bt
:to
.m~djfy
the requiremont in
Appendix A to
fheC(')nsGnt
Decree
concerning
the deadline for Df!.16 to convey the Middle
}1'm'k!Vetl\1Hiol.\PIQperly
(HPtoporty'~)
to the :Stale ofJl1inois Departmont ofNotllfnJ Resources
('.IDNR"}. On F.ebtllory
17~
2006" tho Court entered the partie!;' joinlreCluest to
ex.t~nd
this gnU:
to June 30, 2006. On August 9
J
2006, -and then again on OotobQf 26,.2006, 1hl1 Court ellmred two
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 98
:t\,~UUU: r~lle-s;tSJ~ifitlys~~t~itt~dby t~.&;nJ~v;ug,parti~a
to
e~t~nd
tllis, dnte. first
Scpt~mbctn~
2Q06;and1hell
toJ)ooember'!J.J" 2006', ThtJ parde$t'\o\vlt!U!<
~durthot
rt\odifioaUiou
tQ
Appe.ndix
A to t'l'OvJd()for nn:additionlll
:~xtoosiOli
Until March 30. ,2()01
11
dli~
(,,11:1
fu~
outstl\nding
issm.~~
fhat remain
UlUesolved.
Upon careful oo!lsipf)mtion oftbc Joint: Molton
l~ Mi)dif)~ ~~n.sent
pecree,
Ih~
C<Jurt is
safisJioo that
tho propo.red
J..11t)dm~attcn~sare
ju!?tm~(l{J.nd.i.O
lll~,nu.t>.ll~
int9fC8t.
;<nl~J'efol-e!
IT IS HBR.BBY
~ORDER.BD.
ADJ.~DGEI)
~',
DEORRED 'thelt,
pursuant to ibe Joint MoUon. to Mudit,}. Co._serit
De~~
tbe.COnlmit
De~ll oot~red
in
tOia
malter.oo
Ma~
11, 200S. is amended as: providedbelow:
~.
Ap~J~dt"A,·S~bs~ctl~nn~-'R:tag.r8pb
C
t
is:modified
as'fQ1t()W5~
Ped't~r.mantc
~
Vponap.P1o\fal Qf"pJa:n by
11l~PJ~rnftlf$~
D~1G.
~an'~,~pl~te
*e
mitl~tiQll'proJlilQ«-oCt.l~rdjng t~fbe ~PPJ:(,W~d
plan mJrl silbcdule.., .und
l:OiiY~)'-such
ProJ>ctl7ilO later than:Maull 30. ZOOT"
'
2.
AU
provJsion$
oCtile
COllS.entDecrec uuaffectooby'the fottgoingmudifieatiQus
$hilJl 0Ptro.te ill oonjbnctiqnwhh these ;\lew provisions in the
silmem8nner~mdto
the
same
ox~nt
as aid
tb~ $nb1ititlnedtang~!~).&C
in thc'orlg.inal
C()nscntl)ec~o;filld
3,.
£xc:cptns
spooifiCAll)rllr~Yidedln
tbis.OrdYt,nll
(Jlbol"f<:rDn.lj
8
nd ljXludidons (letbe
C()nson~.Deeree
'\\ill1
tetUaifi mwhnngollmld
in
'fun offect.
NI-.\llfr.:bHd J.
~{CDgall
MI(:'JIA.El..
,J~.
REAOAN:
Vnit~d'
Sta.t~.DifitriQtJudgc
2
,
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 99
:tN~[1m:tJNJ.'11ro
,STA'l"ES,D1STR1CT(ZOIJRT
FOltmE
SO~RNJ.)18nuCI'
Oli ILLINOIS
uNrmiJSTATES'OFM-IERlCi\
)
)
'lllhltlff,
)
)
ttnd
)
,)
T~t·STArf;
QJr
l(,,14nsOlS. AMJlUCAN..
)
..
Ol'tO~~COl!9S.RY~CY,
HE.A.LTn AND
)
ENVmONIW:ENTAL,JVSTICE--Sl';..;LOUIS. ')
1N<t~iU~l;mQJS
$;r;m.WARDSH(P
:A~LIAXCE~
.)
and
pliAIRlERiVERS NETWORK
)
)
PJ~bl~iff·lnteJv(nio~,
)
)
~
)
')
J1iLINOIS:r()\'VEB.COl\WANYand
)
n~£GYMlD\V£:$T
O!NiRATtON!JNC.,
)
)
J)eJ(JDdMlts.
)
--------------)
.:1JllliIB
CMI.A~tlo.i1
No. '99-tJ833"MJR
REA(;:t\:N't
DiStii~t.
Judge;
This.
mallet'
eQ.met.befi)rethQ
'CQllrt upon
the
Joint .Mo-J.oJl
tQ
MtJdl~r
Consent
Decr~a
(Doc. 1lU, in wbicb the 'Pltlin;titTs.'togetherwith
Dynear
MidwfBtGon():ra'tion.
lJ~~;I. s.e~k
to ,lnOOify-particular.provisions ofthc COl1sentDetrwenteredintllis mettlor on May
27~
20.05.
1'h6nlo-ving parliesscek to Dlodltytbe
~~uken:umts'in A,~n(jtx
Ato the Consent
[Jecree conoetnblg the deadlines associated with throo-Qt'tholmvironm011tulMitigntiotl Ptojccts--
~peQHICSl]Jy, (h~
Advooced truck
Stop
UJcctrifiQationProjec4the IUinois River Restoration
Projcctnnd the 'Energy Effioiellt S.chQQls. Projeot. By
w~yonho
Joint Motion 10 Modify Consent
Dooreo
t
thl) patties seek to extend tlledeadJine that appJics to caohof these throe projects (for the
first time)from December 31, 2007 to December
31~
2008.
1
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 100
Upqn car:em.l
o{)l'l$iife~ltfun-4f,the
JninLMotfon
to
Mocify Ue)Jlsel\t
1)~¥tee.
the
Courtis mttisfiod thnt
lh~ jlroposed4'ij~fficatf~~~~reJ~lStiffed
Bnd in the pul,lie
InfC't~st.
1'herolhro~
the CoUri-ORANT8the. JofllrMotion to Modil}r COW>-QJJl
~~
(:Qp'Q:.
7Jl)
~lld
OR;pERS lhttlt
pu~unnt·to: th~-Joint
Moflonto Modify
Con~ent
Decree,
1~: Q;n~ent
.occ&e11ntered in-this
·ii1atteron.M~-.2_7j
'20'05j
is':ilmOfl~~d
£lfiprovidad
below:
1)
Amend
AJilP~lUlix
AjS."bsccrlonl•.Pa-ragraph
C~kHtmd:
P~aritt_a~1ee
-l1POtt
~ppr.o.v.al-Qt·pf4H'l
by.file Plaiutiff9j .DMO
6~n
~mpl¢Je
-thl)
wtig~1~on
prqjtot. according.
:to
the-~TOved
plan" :lJnf:l:
.
~lledule.
butno.lillcrIbllU
~~er$1:
..
:~~
2)
Amend Appendix A,
:S!1~~jonJlJ,l'a~gmp~
~to ~~<ll.
l)-erfonn.n~
.....Upon
apPfQ.Wllofplan by
tll" Plnwti.ffs,DMn
ah~l
·~Jilp]~~e. tb~mitigllt1oli
. .,rcijlibtMcoi'dil\B
.to.
.t,",(lPPfOyed
p.l~n
lIDd
smcdul~
.b"t no. Jiteitrom
D~~niJj:erJ--~i
!efReOO&.
3)
Atn~d AP'.~iit
A.StlblWction
V~
PLttagi'aphC.lo
i~~:
Perfonn;l1~t
..
upo~.JlpptoyltlQfplaub,y
th~ ~laintifl$.f.DMO
$hoU
complete
th~ mitigat1onl)roJ\.'CtnL~rding
totlte. approved plan a.nd
schoo\t18;blll no
tutOr:thonb~Qmb.e.r=~l.~~MI!&
.All .p:rOVisiollS
tit
the Consent
DeC1'9ubl!fieoj~
by tbo
ibtogQi~g
mo(jifiQAdoos'
sllt\~I.
opQ-rate :in
~qoju~.lltion
with.tb6$C
~w
1119.vW{-om in:the.saltlc.nmnnlr and to tbe satQ&cm(cilt.
as
dk!'me
~u:b~titnl(:(l'
laitguage.i,l):.Uu>
origln.a]
C9nsen1.-~oroo;
and
Except as
speeific~ly .P'rov14cd~b,l;
14iS
Q1.4.~
~dl oth~r
terms al\d conditions
of
"too
'CousentDecree -will
:ter1l1Un
uncMnged and -hrftlll ernret.
1'1
1$:80
OJmltR'ED~
DAT~
thIS 19th tlay-,jf)}ecfJJliber, 101)7
5lMiQ:bJl~1
if,:R(}l.le.tJ
D
...
MJCIIAlUJ.J. REAGAN
lJnlte(l8tRf~
llt.~trietJlJiJgt
2
KMP:07110065:jW8
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
.l,.
.
STATE
OF
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
DIVISION
OF
AIR
POLLUTION
CONTROL
P.
O.
BOX
19506
SPRINGFIELD,
ILLINOIS
62794-9506
STANDARD
CONDITIONS
FOR
CONSTRUCTIONIDEVELOPMENT
PERMITS
ISSUED
BY
THE
ILLINOIS
ENVIRONMENTAL
PROTECTION
'AGENCY
July
1,
1985
The
Illinois
Environmental
Protection
Act
(Illinois
Revised
Statutes,
Chapter
111-1/2,
Section
1039)
authorizes
the
Environmental
Protection..Agency
to
impose
conditions
on
permits.which
it
issues.
The
following
conditions
are
applicable
l1DiesB-suspercseded-b-y-special-condit-iorrts-)-.
~---.
1.
Unless
this
permit
has
been
extended
or
it
has
been
voided
by
a
newly
issued
permit,
this
permit
will
expire
one
year
from
the
date
of
issuance,
unless
a
continuous
program
of
construction
or
development
on
this
project
has
started
by
such
time.
2.
The
construction
or
development
covered
by
this
permit
shall
be
done
in
"compliance
with
applicable
provisions
of
the
Illinois
Environmental
Protection
Act
and
Regulations
adopted
by
the
Illinois
Pollution
Control
Board.
3.'
.
There
shall
be
no
deviations
from
the
approved
plans
and
specifications
unless
a
written
request
for
modification,
along
with
plans
and
specifications
as
required,
shall
have
been
submitted
to
the
Agency
and
a
supplemental
written
permit
issued.
"
4.
The
permittee
shan
allow
any
duly
authorized
agent
of
the
Agency
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
activi~y
is
to
be
c?nducted
pursuant
to
this
permit,
.
b.
to
have
access
to
and
to
copy
any
records
required
to
be
kept
under
the
terms
an4
conditions
of
this
permit,
c.
to
inspect,
including
during
any
hours
of
operation
of
equipment
constructed
or
operated
under
this
permit.
such
equipment
andany
equipment
required
to
be
kept,
used,
operated,
calibrated
and
maintained
under
this
permit,
d.
to
obtain
and
remove
samples
of
any
discharge
or
emissions
of
pollutants,
and
e.
to
enter
and
utilize
'any
photographic,
recording,
testing,
monitoringor
other
equipment
for
the
purpose
of
preserving,
testing,
monitoring,
or
recording
any'
activity,.
discharge,
or
emission
authorized
by.
this
permi
t.
5.
The
issuance
of
this
permit:
a.
shall
not
be
considered
as
in
any
manner
affecting
the
title
of
the
premises
upon
which
the
permittr:::
facilities
are
to
be
located,
b.
does
not
release
the
permittee
from
any
liability
for
damage
to
person
or
property
caused
by
or
resulting
frol..:
the
constructioll.
maintenance,
or
operation
of
the
proposed
facilities,
c.
does
not
release
the
permittee
from
compliance
with
other
applicable
statutes
and
regulations
of
the
Unite'
States,
of
the
State
of
Illinois,
or
with
applicable
local
laws.
ordinances
and.regulations,
090-lii
Printed
on
Recycled
Paper
.
.
d.
does
not
take
into
consideration
01'
attest
to
the
structural
stability
of
any
units
or
parts
of
the
project,
an(\
!L
532-0226
APe
166
Rev.
5/99
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
e.
6. a.
in
no manner implies or suggests that the Agency (or its officers, agents or employees) assumes any liability,
directly or indirectly, for' any
los~
due to damage, installation, maintenance, or operation of the proposed
equipment or facility.
Unless a joint.construction/operation
permit has been issued, a permit for opera'tion shall be obtained from
the Agency before
the equipment covered by this permit is placed into operation.
b. For purposes of shakedown and testing, unless otherwise specified by a special permit condition, the equip-
ment covered under this permit may be operated for a period not to exc,eed thirty (30) days.
,7.
Th~
Agency'may file a complaint with the Board for' modification, suspension or revocation of a permit:
_.~
Il:.,
qPQ~.uIjJJ_~QY~Y _th~t.j;h_e
,per..mitapplicationcontained misrepresentations, misinformation or false statements
'or that 'all relevant facts were not disclosed, or
.
b. upon finding that any
standar~t'
or special conditions
h~ve
been violated, or
c. .upon any violations of the
Envir~nmental
Protection Act or any regulation effective thereunder as a result of'
the construction or development aU,thorized by this permit.
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Exhibit 2
217/782-2113
CONSTRUCTION PERMIT
PERMITTEE
Dynegy Midwest Generation, Inc.
Attn: Rick Diericx
604 Pierce Blvd.
O'Fallon, Illinois 62269
Baldwin Road, Baldwin, Randolph
I. D.
No.:
157851AAA
Date Received:
February 29, 2008
and Sorbent Injection Systems for Units 1 and 2
Application No.:
08020075
Applicant's Designation:
Subject: Baghouse, Scrubber
Date Issued:
Location:
Baldwin Energy Complex, 10901
County
Permit is hereby granted to the above-designated Permittee to CONSTRUCT
equipment consisting of a baghouse, scrubber, and sorbent injection systems
for Unit 1 and Unit 2 boilers and associated installation of booster fans, as
described in the above referenced application. This Permit is subject to
standard conditions attached hereto and the following special condition(s):
1.1
Introduction
a.
This Permit authorizes construction of a baghouse system
(Baghouses A and B), scrubber system (Scrubbers A and B), and
sorbent injection system for each of the two existing Unit 1 and
2 boilers (the affected boilers) to supplement the existing
emission control systems for the boilers. The new baghouse
systems, scrubber systems, and sorbent injection systems would
further process the flue gas from these existing coal-fired
boilers, which are equipped with electrostatic precipitators
(ESP). This permit also authorizes installation of booster fans
to compensate for the additional pressure drop from these new
control systems.
b.
i.
This permit is issued based on this project being an
emissions control project, whose purpose and effect will be
to reduce emissions of sulfur dioxide (S02), particulate
matter (PM), and mercury from the affected boilers and
which will not increase emissions of other PSD pollutants.
Ae-ee-:r::.E:li:n.g..l.y,.-.......t;..h.i:-s--..-p.e-F-Ht:bt...--E:ie.e..g.--.H-e-t:....-a.aar-e-s-s.......€tf:7f.:r±..i:-eab.l:.e
;ccql1irem:~:nts
for cm::.s.::,j.oc.::; of c::.trogcn O:1-:::.dcs (NO*) ,
a.::;
t.hc
current project does not
~nelude
any changes to control
[r:ca.::;l1J:".~:.::;
for
;'JO*
e;~i:i.E;s:L:)r;.s.
11.
This permit is issued based on the receiving, storage and
handling of limestone and activated carbon for the new
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
P~e2
control systems each qualifying as insignificant
activities, with each having annual emissions of PM in the
absence of control equipment that would be no more than
0.44 tons, so that these activities need not be addressed
by this permit. This does not affect the Permittee's
obligation to comply with all applicable requirements that
apply to the receiving, storage and handling of these
materials.
c.
This permit does not authorize any modifications to the existing
boilers or generating units, which would increase their capacity
or potential emissions.
d.
This permit does not affect the terms and conditions of the
existing permits for the boilers or generating units.
Note: These existing permits do not necessarily provide a
comprehensive list of the emission standards and other regulatory
requirements that currently apply to the Unit 1 and 2 boilers.
e.
i.
This permit does not affect requirements for the affected
boilers established by the Consent Decree in
United States
of America and the State of Illinois, American Bottom
Conservancy, Health and Environmental Justice-St. Louis,
Inc., Illinois Stewardship Alliance, and Prairie Rivers
Network, v. Illinois Power Company and Dynegy Midwest
Generation Inc.,
Civil Action No. 99-833-MJR, U.S. District
Court, Southern District of Illinois (Decree), which is
incorporated by reference into this permit.
(Refer to
Attachment 1.)
ii.
For the purposes of applicable compliance dates in certain
provisions of the Decree, unless the Permittee notifies the
Illinois EPA of a change in the compliance schedule for the
Baldwin Station, Baldwin Unit 3 will be the "First Baldwin
Unit", Baldwin Unit 1 is will be the "Second Baldwin Unit",
and Baldwin Unit 2 will be the "Third Baldwin Unit," which
reflects the order in which the Permittee currently plans
for the new control systems required by the Decree to
initially commence operation.
1.2
Applicability Provisions
a
The "affected boilers" for the purpose of these unit-specific
conditions are the existing Unit 1 and Unit 2 boilers after the
initial startup of the new emissions control systems, as
described in Condition 1.1.
b.
For purposes of certain conditions related to the Decree, the
affected boilers are also part of a "Unit" as defined by
Paragraph 50 of the Decree.
1.3
Applicable Emission Standards and Limits for the Affected Boilers
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 3
a.
The affected boilers shall comply with applicable emission
standards under Title 35, Subtitle
B,
Chapter I, Subchapter c of
the Illinois Administrative Code.
1.4
Future Applicable Emission Standards and Limits
a.
·i:~·h·e·······p.e··f.'·Ht·i-·t:··t·ee-·-S..frn·±·l···-···e-e-fHt}-.lY'·····-w·i:·t:·h·······aI:7r;;:t±··:i:·e·dB~l·e-·-··em·:i:-s··E.'J··:l::-e-r-r···_·s·t:·an:€la·£·ds·--··dH-{j
requirements related to the mercury emissions of the affected
l:_:H:J·:i-±·e-r-5······t:71:±-J::sua-r-+tc··_··{:;-e---3-.§.·--±·N~-.p.d·r+-·--2--2·.§.·f···&1±b-f7a·:r:~t:·--·&7-···17y·····-t:-lq·{:..~·_-ttF-p·±±+2ae·±·e
dates specified by these rules.
b.
The S02 emission rate of affected boilers shall be no greater than
the limit specified in Paragraph 66 of the Decree,
i.e.,
0.100
lb/mmBtu, 30-day rolling average, by the applicable date
specified in Paragraph 66,
i.e.,
no later than December 31
st
of
2010, 2011 or 2012, as it is the "First Baldwin Unit", "Second
Baldwin Unit", or "Third Baldwin Unit" for purposes of the
Decree.
(This date is referred to as S02 compliance dates for the
Units). Compliance with this limit shall be determined in
accordance with the provisions in Paragraphs 4 and 82 of the
Decree.
Note: The S02 emission rate for the affected boilers pursuant to
the Decree, when it takes effect, will be more stringent than the
current applicable site-specific standard of 6.0 lb/mmBtu.
[Refer to 40 CFR 52.720 (c) (71), which incorporates by reference
the S02 emission limits within Paragraph 1 of Illinois Pollution
Control Board Final Order PCB 79-7, which was adopted September
8, 1983.]
C.
The PM emission rate of the affected boilers shall be no greater
than the limit specified in Paragraph 85 of the Decree,
i.e.,
0.015 lb/mmBtu, by the applicable date specified in Paragraph 85,
i.e.,
no later than December 31
st
of 2010, 2011 or 2012, as it is
the "First Baldwin Unit", "Second Baldwin Unit", or "Third
Baldwin Unit" for purposes of the Decree.
(This date is referred
to as PM compliance date for a Unit.)
Compliance with this
limit shall be determined in accordance with the provisions in
Paragraphs 90 and 97 of the Decree.
Note: The PM emission rate for the affected boilers pursuant to
the Decree, when it takes effect, will be more stringent than the
current applicable state rule limit of 0.2 lb/mmBtu pursuant to
35 lAC 212.203(a).
1.5
Non-applicability Provisions
None
1.6-1
Work Practices and Operational Requirements for S02 Control Devices
a.
i.
Effective no later than the S02 compliance date for a Unit
(see Condition 1.4(b)), the Permittee shall operate and
maintain the scrubber systems authorized by this permit for
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 4
the affected boilers in accordance with Paragraph
69
of the
Decree.
Note:
If a unit is not operating on the 80
2
compliance
date, this requirement would become applicable on the first
subsequent operating day of the unit.
11.
Effective no later than the 80
2
compliance date for a Unit
(see Condition 1.4 (b)), the Permittee shall not operate the
affected boilers and Units unless the requirements of
Paragraph
66
of the Decree with respect to addition of a
flue gas desulfurization system (such as the scrubber
systems authorized by this permit) or an equivalent 80
2
control technology to the affected boilers have been
fulfilled.
iii.
The Permittee "he!2-1 operate and maintctin the addition;:.l SO;.;
-E::·en-t-r:·e··l········sy-s··t·€fft······on·_··t;·f:t€~·····a··f-f-e·et--e-e:····-Boi:·l-f:;-=r::·s······i·n····a+.::'-eo·r·(j·a-B·ee·····-w-·i-t··h······a
',JritteL
Opcra.~-:i.cn
and
~qi::;.in~-_c:n-::::-lce
Plan for .sO;;. C:ontrol
r.na.i.frt.a.i.n.E:.>-t:.+..-e-y......th-e.....P.e.F.Ht.i:.t:..t;.e-e-.....j?H.Fs-uaH.t:........t;.e......CHH-d.i..t..:i.0fT......-1...;...g.-2.-....+e}.
( :i ) (I'd
1.6-2 Work Practices and Operational Requirements for PM Control Devices
a.
i.
Effective no later than the PM compliance date for a Unit
(see Condition 1.4 (c)), the Permittee shall operate and
maintain the baghouse systems authorized by this permit for
the affected boilers in accordance with Paragraphs 83, 84
and 87 of the Decree.
11.
:f!.ft-e-.....P.e.'r:offti:.-t..t,.ee.....s.h.a..±-.:l....E;)ftE:-:r:.a.t-e-.-.a--f=t<J....Ht-a-i.Ht-a.i.n......t..J::i:.e.......ba-gl-J.-(?+.;l5-e
systems
fo:rt~h.e
affected bo:!.. ] erG in aceordan::::e ',Jitt a
'1tH.:..i..t;.-t,.c:n-.._.Op.e:r-.o.:i::.-i.H-F!-...-af't/"d...-Ma.i-r-:rt-e-Frcrf:l:e-e-.-.P.l..oH..._.f-e.'f:.....PM-...;;-f.)HB:f.:rl:
maintained by the Permittee pursuant to Condition 1.9 2 (b)
( 1)
~
]':..)
1.7
Testing Requirements
a.
i.
The Permittee shall have testing conducted to measure the
PM emissions from each affected boiler in accordance with
the requirements of Paragraphs 89 and 119 of the Decree
with respect to the timing of PM emission tests.
11.
The Permittee shall also have testing conducted to measure
the PM emissions from an affected boiler within 90 days
following receipt of a request by the Illinois EPA for such
measurements or such later date set by the Illinois EPA.
b.
i.
These measurements shall be performed in the maximum
operating range of the affected boilers and otherwise under
representative operating conditions.
11.
The methods and procedures used for measurements to
determine compliance with the applicable PM emission
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 5
standards and limitations shall be in accordance with
Paragraph 90 of the Decree.
C.
Except for minor deviations in test methods, as defined by 35 lAC
283.130, emission testing shall be conducted in accordance with a
test plan prepared by the testing service or the Permittee (which
shall be submitted to the Illinois EPA for review at least 60
days prior to the actual date of testing) and the conditions, if
any, imposed by the Illinois EPA as part of its review and
approval of the test plan, pursuant to 35 lAC 283.220 and
283.230. Notwithstanding the above, a test plan need not be
submitted to the Illinois EPA if emissions testing is conducted
in accordance with the procedures used for previous testing
accepted by the Illinois EPA or the previous test plan submitted
to and approved by the Illinois EPA, provided, however, that the
Permittee's notification for testing, as required below, contains
the information specified by 35 lAC 283.220(d) (1) (A), (B) and
(C) •
d.
The Permittee shall notify the Illinois EPA prior to conducting
PM emission testing to enable the Illinois EPA to observe
testing. Notification for the expected test date shall be
submitted a minimum of 30 calendar days prior to the expected
date of testing. Notification of the actual date and expected
time of testing shall be submitted a minimum of 5 working days
prior to the actual test date. The Illinois EPA may on a case-
by-case basis accept shorter advance notice if it would not
interfere with the Illinois EPA's ability to observe testing.
e.
The Permittee shall submit the Final Report(s) for this PM
emission testing to the Illinois EPA within 45 calendar days of
completion of testing, which report(s) shall include the
following information:
1.
The name and identification of the affected unit and the
results of the tests.
11.
The name of the company that performed the tests.
111.
The name of any relevant observers present including the
testing company's representatives, any Illinois EPA or
USEPA representatives, and the representatives of the
Permittee.
IV.
Description of test method(s), including description of
sampling points, sampling train, analysis equipment, and
test schedule, including a description of any minor
deviations from the test plan, as provided by 35 lAC
283.230(a) .
V.
Detailed description of operating conditions during
testing,
includ~ng:
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 6
A.
Operating information fer the affected boiler, l.e.,
.:f..i-.:r.:.:i.rH::-l'.
......'J::.a..t.e..
.....E;r.f......
..tcfH:;......b6-:i..l:-E::..:F..
......{.rftHtB-t-u.-/-.h-e-l::l.F.,.........a.H-fj
composition of fuel as burned (ash, sulfur and heat
contcnt)
.
B.
(;('1ffibu.E.,..t;,.:i:.E.'l-n....-sys.t,.e.Hr......:i-fl-.:f.{j.l::ffl-i3
..t..:i:B-f:r.,.-_....:i:-...e.-;....,.........set:.t:.
..iH-g.s-4.o-r
distribution of primary and secondary combustion air,
-s.e..t:-t...iHg-..S-.......f-E;r.r.......G;:,-
....-<:;-e-rT+'.3.eH..t..r.a-t,.:bf;rR...
...i.fT......tcf"-te-.--be-i-.l:-E:.'-r,...._
..r.m"€l:
levels af CO in the flue gos, if determined by any
diagnostic measurements.
C.
G.0f:r.t-l:'-01.......e-<it!
..
ii3fli.e..
y+t,---3:-f't.f.-e-r.H'ra..t:.i.6nT.......-:i....;-e....,-....
...E;'-f.f\:l:-iI:7Hten:l::-
condition and operating parameters during testing,
.3:-Hel.u...e.iH.g..-.-a-fry._...H-&e.....-e-f.....--t..frE.:,
......
·.:f··l:·l::H~··_·-E3i.E,.
..._.C.0fTf;i-i
..t:-3:.eH-in":.f
syst:.eR~.
D.
Load during testing (g
r
O.3S mega'datt
outP~lt)
VI.
Data and calculations, including copies of all raw data
sheets and records of laboratory analyses, sample
calculations, and data on testing equipment calibration.
V11.
'I'.he
SO~ ::lf~d
NO* ernl:':;SJ..
:)~lG
(ho:'Jrly a'J'e.coqeD), OFJC'.:i..ty data
(6 minutc averagcs), and
O~
or
CO~
concentrations (hourly
-a·ve-r·-a-ges+--···-f.,·f.x...~'Ek-4··
....d-1:H:.i.;H-g-....t::-f.':f.Tt:.i-f't-g....
..l:y.y....-t:.f:re.......e.E.'l--l."rE-i-n'l±EH:7.S
monitoring systons.
VIII.
·1~f·H:
:>.....
...
..
€'ffii-B-f}.:i:.E:tHf-.}......-{.+f-....
··etrHd-E.::rrt.,··a-Bl-e-_··Pf4-·_··-<~~u
..r..i.ng........t-e-s.t::..i..hg..,.........e.:i:-t.he.'J::.....-as
rnecu ured by
U[;[;r'j\
He thod
~? o;~
(40
cr"p,
Pa:ct 51, l\PPCT.::iiE
£4 )-
or other
establ~shed
test method approved by the
lllino~.3
E-PA......d-H-:r".:i:.r
..H:l....-t:-es.tci
..
rHJ-······f·o·F···-··.p.M·······EH:~··-··b-a·5-e(J··
..-E7n-..-B.t:.f}e.l::........rerH:.e-s-e.f:rt::.-a.t,.:i:v.e
cm.i:]!JiOnD testing,
~Jith
1JUppo:rt::.c.g
data
and c)cpJ.aHaticn.
1.8
Moni toring Requirements
a.
The Permittee shall operate and maintain continuous monitoring
equipment to measure the following operating parameters of the
baghouse system on each affected boiler:
1.
The temperature of the flue gas at the inlet of the system
(hourly average) .
11.
The pressure drop across the system (hourly average)
b.
i.
Beginning no later then the i:lpp 1 icable date:] spec'::"::-ied by
3:3
.·~·./'.C
I."aFt ??5, t.heP:3rrn:ttec
:J[":a1.1
cOR~pl.Y',Jith
all
applicable requirements of 35 lAC Part 225, related to
Hte.F'r:i:.t::.(:H:.:i:.:fHJ.,..........3:-r't.e-l.tH:li.fh"J.......m.0f:r-i..t;,.0-f.'..i--n.g.".".6..f..
.....me.l::.eH.r-Y..."-E;:-Ht.i..s-.E.Ft.BH.5--.-.f..'J::.E;r!H
the affected boiler and operational monitoring for the
sorbent injection 3ystem.
ii.
T.r
tf~C
so:cbcnt .:i..nject.:i.on ,J'i'stcrn can be aclj usted rc:motc;ly b:i'
the personnel in the control room, the Pcnnittee shall
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 7
install, operate, and maintain instrumentation for
m-e.a-s-.l::H::.i.H-E:l"......t..h'0
.....
····-L~-t,·e-··-(:7·:§····-s-(:'J·'J::·]s.s"f:r4:;-···±·ft-3·ee-t-i·E7f'J:·-··-f..e-1:-'-·····-t
.
..f-rs'-···_·a-·f··ff~t-:-et:~
boiler' aed the operat::.. ona.::.. :Jt::t:U.D of t.1'1c sj':Jtem.
1.9-1
RecoYdkeeping Requirements for the Coal Supply for the I'.ffectcd Boilers
a.
.fJH.I.:..:i-B-g..._.t.f:K:)......fte:l':.:1:+)B-....l:7f.':-'f-e-r'.{:;-
..
.--Fe{:;&r:.6-k-e-t.4'.:t.:i.FKj-_.-i.fr.._.-rt
....Elu-i-.:c-:.e€i-.-i=,...:l-l''-''sUrrR-t-..-t:-e---:3-:-§'
JAG Part 225, the Permittee shall Iccep records of data for the
me.'j":.e.u-rY-.....r3-fH::l....-f:rea.:i::-.--r:;.E;rf'J::tJ::.Ft-=E:.......(:7.:§...._.:j:;:..j::te-..-e-r::t-a.},........E.:;.HI-"f
t
-±.Y.......t;.{:'J.......=tJ:'l-(:';.......rJ:..f..f-e"et-efj
boilerD, tiith Dupparting data for the associated sampling and
analysis methodology, so as to have data for the mercury content
,:';l..f........t..h.c.......e-e-rJ:.l...._..f.3-trpf'.l.:y.......t-e-.-.:j:;:.he....-l:t(:7.i.l:.e-r.f.3-........t..f:t.a-t:.......e-EH:l.l.{J..
....f:tt:::......-G-e-.f:'..'f.e.l:.a..t-e..cJ......-w.i.=t:.}:j,
any mercury emission data collected for the boilers. The
a.H-a.l:-ys.i-'..}-...-r:'J.:§........t;..j::t-E......-e(:7.a.1...._..f..EH:.-....me:FeH.:r::Y-._.-(:;(:7.f-l.:j:;:.eH-t:
....._.::.'J..j:+rJ:.l.l.......-Bt:::-..."8.e-f'l:d.u.e.t;.e{J....-ti.::.'J..i-n-flf
approp:c::ate
l\vIT!
;.qctJwds aD ..Jpec:i..f:Led in
J~~
Tl\C Pa:;:..t 2:'?5 CJ:C otLer
st3ndard methods.
1.9-2 Records for Control Devices and Control Equipment
The Permittee shall maintain the following records for the baghouse,
scrubber, and sorbent injection system on each affected boiler:
a.
i.
Records for the Baghouse System
A.
Records for the operation of the baghouse system
that, at a minimum:
(1) Identify the trigger for bag
cleaning, e.g., manual, timer, or pressure drop; (2)
Identify each period when the Unit was in operation
and the baghouse system was not being operated or was
not operating effectively;
(3)
Identify each period
when any baghouse compartment(s) have been taken out
of regular service, with the identity of the
c ompa rtment (s)
and exp
1
anat i on.'Y.........,:.::r.:EHJ-......+4-}-......A-t"::ki-1':.es-f.3-.._.t;.f:ye
implementation of the operating procedures related to
the baghouse system that are required to be or are
e-:t:-fl c
'j"'w-.'i:-s-e.-"-±.H1'fJ±-(...:>.Htt
.."'-B.:j:;:-e,J..-t-+u-r-EH.::t-aH-t--t-e-.....f;+..rFI-Ei-i-.t-i-e-fl--l-.-..e-.2..
+a-+ .
B.
Records for maintenance and repair for the baghouse
system that, at a minimum:
(1) List the activities
performed, with date and description, and (2) AddresD
the maintenance and repair activities related to the
f::t-a-gh-t.~:i::t&e"-·-·S-rJ-t;·f.:;m-···..:t-ha·t:····-a:·'j":·e···_··-r·e-(iti·i·I:"·e-d-·····t,-&·····B€--·····-f)·i"--·····r
..
'i:..I.'e
othend.se .:Lmp:e:nc:.nted
p~lLJ~
..:aFlt to Cor;jit:i.cR 2.6 2.
~a)
.
11.
Records for the Scrubber System
A.
Records for the operation of the scrubber system
that, at a minimum:
(1) Identify each period when
the affected unit was in operation and associated
scrubber system was not being operated or was not
ope rat ing e f f e c t i vel
y-,,-.---QH€:-...-{-2-+._...t\f.iEicFf.':-f.3-S-4:;..f:.+-E;:-
implementation of the operating procedures related to
the scrubber system that are required to be or are
E.::.4:;..fH.::-r.w.i.s-e..-...i.:Eflf::r±.emeH.h'::-E.l.-i7U..rs.1:j.a.H.t._....-t:-f:t-_..G-e-f-l-t':ii:-=t:..i-{:m-...-l-;...(:}.--±.-.+-a.-)-.
•
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 8
B.
Records for maintenance and repair for the scrubber
system that, at a minimum:
(1) List the activities
performed, with date and description, and (2) Address
the maintenance and repair activities related to the
fY·e·:r'·u-bb-e·r·······s-y·S..:t·-e·Ht-···t.:frat·······a··:r::.e·······1::·eq1:l:·i-J::~e{:t······t·o······-be···-e.:r:······a·I:-E;:
othe:chT:L~~;e
implemented
pu:cs~.1c
.. nt to ':cnd:Ltion 1.6 1 (i)) •
111.
Records for the Sorbent Injection System
A.
Records for the operation of the sorbent injection
system that, at
m~nimum, ~dentify
the sorbent
ma·t-{:;.:r:·:i,;.:r±········t·fiatc····-i-s·····be·i-·F~j-····HS-E;'-d.,.-······t::·h·e····-5-t)·r·b
..e.nt......i.r.l..j.e.e.t..i-en
:cate or setting for sorbent injection rate, each
[;:.e.r:.:i.E;)(:i-.....wfre-n.......t.h-e-.....a.-f..f.e-e.t-e.d._.be-:i..l.e.r:.._..V\--af3.......i.Ft......-e-[3{:;.r
c
,;J:.t..i-en
\lithout the sorbent injection system being operated
Td~
th
e1cplanation.
B.
Records for the maintenance and repair of the sorbent
injection system that, at a minimum, list the
activities performed, with date and description.
b.
Opera:::.:Lo:J aed t1ain.tenance
f'.:'..
an. for
p~q Cont::r.:-~)l
1.
Beginning no later th3n the
p~q
compliance date for each
-a·f··f·e-E;"t::·et'.~-····t:H:r·i··t:·······+f.:;·e·e·····.(;.OH-d·i·-tc·i.·E;H-t-·······l···;··4···(··e··}--j-··.,..······t.f'te·······Pe·:r::r-n·it··t·ee······fJ·ha-·:l··}.·
maintain the follo\ling records related to the procedures
a.Hfj.....t)-1:..a.c.t.i.e.E:'..g.......f-e-.E'......t:-f'l-e.......b.,:j.g..he.Hse......s.ys.t.em......-e-E7B..t..r:-e-l.-:l.j::Hg-......P-I>4
emissions from the affected boiler:
A.
T'. Hritten Oper:1tion and
~qaintenance
Plan for Pi"l
8.E7f'l.t..rv±-,-.-wf1-i.e.f.'l..--s-fl-a..l--±.......B-t
......
...kept--.-tlf..;;....t:-e----e-a-t::-e-,........t-fru.t:
identifies the specific operating procedures and
r.na±.frt-e.f+aTH.:;-e-.-F+.f-a-E.7t-K"-C-s--..+.ifre
..
l:·ooi·FHj-·FI:.:.e-s"-f~J.ttFe-5
'--i.:H'tfJ
practices specifically related to startups and
mal fenct ion/brea
J:dmm
incL-daHL]) c:lrrent ly be
~
ng
.i-ffi:p-±-ef-R-€7:r:rl:,.e&-b-y.._..t;..]::H?..
--P-e·rffi-i-t:·t::t:>.{:;-·-f·E.'t-f-···4::-fT{::-·--b-a~-0ttS·e-...g.-y-&t-em
to Da:t:i..Dfy Condition 1.6
2(a)
(ii).
B.
Ae.e6fflf:7a.y.:r-y-:ifT{3'.......t::.fr.i.f3..-..:r.:.e-E
..
"-&H~:i-T-··-t·-r·l-e-",·,p{:;·Hft:i·t
..t,.E::-e.....f3-±:-ra-l..±
I'flG int"J:i..n.
iJ
",v:c.it:ten
der~Lon:::;t:.rat;uon
DLo'.J::unq tha t
th.e
above Operation and Haintenafice Plan for
P~~
Control
fu.lfil.ls tLc requi:r.c[c.cnl::.c of Condit:;.on:::; 1. (; ;:. (a) (i)
and
(:..:1..).
11.
8·E7f;:.·ies···--{:7:f-···t-·he·-···E'·e-e-e-I'·E:lf.3-·····:r~{::-E:JB·.i-£--E:..-:..d···-by-····f:;6-n-e-i··t··i-e-fT·····l···.··9--·2···{·tr-}.·-(-·:i.-)
..
shall be submitted to the IlliBois
EPA
upon
re~~est.
111.
l'.ccompany~
fig the reccrd3 required by
Cond~
tion 1.9 r) (b) (i)
,
a
file containing a copy of all eorrespondencc and other
J",ri.tten
matcria:~.
e):chanqed \V'ith USEPT'. thcJt c.ddresseLJ the
[::t.re.ee(J1:H:.es.......,;
..
HrE:l·····p·x'·-a·e·t::··i-ee·s·····t··h·a·t·-·fl'rHS·t·······-be·······i-rrtf.-:l·eme·y.:r·t,·ed:····"f.7t:H~·S-1::l·a·H·t·
t.e
PartJ.qr~)ph:=
83,
i31
l~nd
87 of the ;)cc;;:.cc.
'T'hiD fJ.::'c Llhall
be retained for at least three year3 after the permanent
:::;L~;t:d()vln
of
the
a.ffcct:.ejUr~:t.
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 9
C.
OperatieR and NaintenC'trwe Plan :£:or SO;;..
Con·~~ro.1
1.
Be-g.j:.fH't.:i:.n."'3.......ne-......-l-.a-t,.e.F..-...t,.fla-H..
.._..t:..he.......80;!:...
..
·eE)m·p·±·-i:·-a-H-E:~·(::-····-Ek+:t·e····
....E-€.'rt:"._....c'U-e.h
affected Unit (sec Condition 1.4(b)), the Permittee shall
maintain the follmiing records related to the procedures
frf14--PJ:'a-(:;.t,·i-ees-·-:fe·I::_·-t:·.f-1€·-·-&eJ:'"ttf.7Be:F-·-s-Y·frt-f~ffi--t"'"Bnt:-F(:;H-i-fTEj--8G;!.
emissions from the boiler:
A.
A-··-W:F-i4=-t:-E.~-H--·0p-e.:r:-a-t:·i·eH-·m'tf~-···f'4a·:i:frt-f.::-H·a·fH:;e····-P·l-·aH···-·-f.-o·J::·_-&G:;.
Cont.rel, '.:th.:L.ch. sha.ll. be Jeept. up tc date, that
identifies the specific operating procedures ctnd
ffli't--i:·H·t'-E::-n-aH·c·e···-·t,·r·a-et-i·s""l.f~f3----{-i··f+e··l·tH:1·i-fH:l·_·""f.7·I:'e-e-c-dH=J::·C·.g.·······a·rTEl
practises specifically related to startups and
r-n-a·1:-f·tl:H-e-t,-i-eH·I--t:H~e·a·kd-o-w·n
....--i-H-e-i.deH.t-fr+-.-.-e+J:-:r::..I:'.f::-H-t:,.:ly..-OO.:i:.FHJ
implemented by the Pennittee for the scrubber to
satisfy ConditioEs 1. C 1 (a) (iii)
.
B.
AA"'-C'"E7I-npaHy-.i-rn.J......:t-h.i-s---r:ee-o-rd,-4J-re---Pc..r-m-H4=ee--S.f:ta-±-l-
maintain a
~Jr::.tten
demonstrat::.on shO'idng th-::tt the
a~.fper-at-.i:·E7f:r---aH.a--Mfr-i:-Ftt:E::-Ha:fre-e-Pl-aH--·-f-e-r--&(-+~·--G
or:.
t r
01.
fulf.i.:!.. }..] t.:hc :r.-ecfu::.. reITlentD of Cond.:L.t:i.ocr::
1..0:" 1.
(a) (:;)
and (i i)
.
11.
Get:}·i-e5--··u·f·_···--t-t+c'--·-I':-E:'-e6-I':.e-£:;········=J::-E:'-q:H·i·r-e€.~··-_·b-y-·--Guf·T(:i·i-t,-i·f:rH-fr·······1--.-·9-.:2··
+e·+··+:i:··)···
shall be submitted to the Illinois EPA upen request.
111.
A-(:;·e·O-Inp-aH-y-i-H·~---t-h-E.o-·-··-r·e·e·E;)·F<j.fr··
...-Fe.(!tl:.i..'j'::.e-d.......b-y......Ge.n.di..t,.i.E.Hi........1-..;..-9-.:2-+.e-}.-{-i-"'..--;-.
a file containing a copy of all correspondence and other
Vlrittcn mc..te
ri
al clwLc..ngcd Hith Uf]EP}':. that addres!.Jcs the
p.:r:'E;H:7edtl:-r-c""\.fr-..-aHd....i-H:a-e-t-.:i-ee-s---tJ'l-a.:\::.,....--r-HUs.t:._..b-e...-..iiHI=}±,s'iHeHt.e<j...--Pl.:H'S-tl:a-H-t,.
to Paragraph 69 of the Decrce. This file shall be retained
.f-(:rr---a--t--l:ea-5t---t-fH.:.S'"f~-·ye-a-F-".3---a-f.t:.e-E---t::.fle---pe-E-ma-n-f=rrt:·-··-s.f::ri:±t::-E:leWf-r---e--f.
the affested Unit.
d.
Specific Records for the Eorbent Injection System
f)Hr-:i-H-(::f-····t,·f:le-····pe-I~·i·o·&-·-b-E:'·.f-f.H:-E:'··_····Fe{.*)-r·fJ·k-e-f~7-i:THj······±-s-···-r·ef.f1±"i-:r:'s'-ti······f·E;)-·F-·
....tl:.s.a-g-E:'---f.:ff.
serbent pursuant to 35 lAC Part 225, the UGage of Gorbent (lbs)
·aH-d·······a-v·e-ra·~le······5·e-,FbeTl-t,·····_·i·n-j··ee-t:,·i·6H--·-T'-a-t··E:'--··_-{··1:·b-s-f.-o-f.7E:-'--Ffrt,··i-;Ft-g··-·
..h6.1:H:,},,.--ef-r-..-a
montr-:ly
basis.
1.9-3 Other Recordkeeping Requirements
a.
Reee-r'd5--.f-f..'7.r-.-.-wf)-S.c'--S-._.:i-H----t-h-e._
....f.fftf.-'+-1--emer'ttc.a-t-i.-o.n----(:r:f....
....
i::he-E:)!=7€'-T:.a-t--i-E7fl.....
.aoo
~qain~-c;n.:::nee
Plan for
Pt~
':entroJ.
Bf::."'"9-i:fHi±H.f!"......H-G--.+a-t:.e-r--.
...t::f:T-a-H--t.f-1€._..-PM-.e.t":.-'lffip-±±aH-ee-..-fJa-t-e--...f-E;)-y......-ea-e.h
.....-r..x.:f..f-e.et-ed
Unit (Dee Condition 1.1
(c)),
the Permittee Dhall maintain the
follo\Jing records, as relcvant, for C't±l lapses, i.e., periods or
-i·H·e·i·d·efT4:··G·--w·he-r-l--···afJf:7:l·i·-e-al=r±:-E:.""--a-f.=:.:\::-·i·E;)B+fr7-·-WE:'-:r:~f::-··+rE;):t··-·_·t7a-·l<:eH---.f-e·r··---t-fte
b-::tghousc system that
~Jere
specified in the current Operation -::tnd
f4-a-.i:.n-t.enaHee-......P.l-a.H....--f-e.J::.-....ptJj..._..(;HHt'.r.f..'7-l:.T..-.--a.&-.
..
·t't.y.ef)-trr~'-'d·-···pHJ::-£:;·Ha-r+t·····
..:t,.o-
C:cnd:Lt:ion
1.~)
:.:? (b) (.::)
(l\)
:
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 10
1.
T.h.e dc.to of the
lapse.
11.
A·····-<Je·-s-e·'!::·i:·pt;··i.-e-f-r·-···-e·f,··_····t:·.ft-e·--··l·-af)-&e··;-··--iHel.-ufii.:H·tJ-······t:·h·e-·····f.3-r:7f~e·i.:-f··i-e,j
act::.. on. (s) tbat I,'cre nott:G]ccn; ot:her
(:~ct.:i.cns
or m:t:.qat:.::on
mcasures that 'dere taken, if any; and the liJ:cly
£1.e-f-r.S€-E:faene.e.f3-......e-.f........t..h.(::-......±.r.±rr-S€-._...a.s.......'!::.e.l..a.t:.e(:l......t:.t}......eH+i..E.'H3.i.E:H'tS..,-........i..:f....--a.Hy.;..
111.
Thet:.illio and
me:::..n~J
by vJhich th.c l::::p::>e ',J:J:D .i.dcnt::.f::cd.
IV.
l-.f.._.-.'!:'.e.l.€h+!T.l-Ft-tcT-....-t..Pre-......}€hf-rg.t-.h......E:}.f--....t:-i-HtE:._.--i.:i-f.t:.e-r::.._..-t:.r-l-E:-'-....-li_'tf.:7-'..3-e,,--wu+J
ident::.f.::.. cd and bcfo.L'c spcc.:iLied acLLon
(0)
'••
ere t.aken,
',;cre no longer appll ccb2..e Jnd In cnplanation 'dhy this
.w-a.S---F!-E7t---f.3-ftt.B:+erT--in-e-1B-Eici-rrg--a--.4iseu-s-s-i-en-.---o-:f--t:efl.e-t..:HrliIig
any mitiqCtt::.on measures that
HeEe
tc:.Jcen.
or
tlffle
of
V.
±-f.-.f-c.
.....
l~-EtfT-tT·--tcf:l
c
e-s·-t-:Hrta4:-c.-..e.··-t--G.:t-:-i.±·}--etl:-r-a4::-i-'m--t:y.f·--tcfTf~··-±'-at'1·&E.::-T
i.e.,
the total lcngth of time that the aff:cted boilcrs
ran
vJ~tho:.1t
the .Jpecificd ChJt
~
on (::»
being
takeL.
VI.
A.....d.i..&eUcsH.i:.E.'+n......e-.f....-+h.e.-..-p.:r'.E7B.a.b--l.e.._.ea.us.e._...-<:'7.f........t..j-+e...-..l.a.!'H3-e......-a.nd.-...-aH-y
prc..J'entat::.'IC mr::asurcs
talcen.
vii.
A.._..Eli.s.euss.i.-E:H't-....w.h-<:::.t:.h-e.r..-.--t:.fH.::--...a.pt
r1
.i:-ea-bl.-e-...p-lItj.......effii:.s-s.i:.e-f1:-_...±.i.-H+i-t:-,-----a-s
addressed
by
Condition
1.4
(e), may have been viclated,
either cLlring- or as a re3:.llt of the lapse, 'oJith
3:1pport~
ng
e;(p::.. anat:.ion.
b.
Rccorjs Rel:J:ted to P.1ercury :Cmis::>ions
1.
.g::l+(::-.-..Fe..HRi:.*.::.t-<:':€'-...s.h.a.:l+...--e.emp.±y_.-w-i:-t7fT...--a.l-l-.-..a-r:7f..7-±..i:-c"'-r:IB-±8-
c~:;:~:crdkecp:i.nq
J'equiremcn.ts cf
35 '.17\8
Part:. ;?25 rc;.l::lt.c;d t:o
s-eB-t-:rol
of mercury cfflifJsioLS from ecch affected
boi2-er.
11.
IJurinq the pel":Lod
bef~)rc t:r~e
Pcrm::ttee
.:.':i
required to
conduct monitorinq for the mercury emission::> of tbe
a-·f··:f.-E:'·e·t·ed······B-e·i:·-l·ex:-5··_·t)+~3:·:r~s··lJ:·aHt,····_··tce-··_·;J§······-lAG····_··P-a·:r::·t····_··2·2···§··,.·········t·f't·(::-····-Per'fHi:·t,·t-<:::e
sha2-l maintain records of any emission data for mercury
collected for an affected boi'er
by
the Pcrmittee,
including emissions (micrograms per cubic meter, pounds per
hour, or pounds per million Btu) :J:nd control efficicncy,
W·i--t+r-·-i-FlE.."-f1:-t·-.i-f-i-f.:;.a·t:-i:-<:'7H---r'±Hd--·-&::-S€-f±Ft:-ie·H---E.~-f······-t:.f.H::-·····r-rtt'lf:'i€.
...--.E;}..f.
opel"ation of tLe boj.. le:r..s Gnd :.:)orbent. injcct.:i.. on s)'atcm.
C.
-Reee-rd.J for LapseD
i
Fl the IHIP' ernc.ntation of the Operation and
l'~,:::in.tcnGnce
f'::.an. for
SO:;c
Control.
Bcginning no later than the
SO~
comp2..iance date for each affected
.Un-.j,,..t.........+..E..H:::e-.....Go.nd:.i-.t..i.-0H.....-J....;..4.+b..)....7-..r......t:.f1:e.......P.e.rmi.t:-.t.e-e.....
..s.ha.l..l........m:a..i..n.t:.a..i.-n....--tcl't€'
fo11o'vJin.E:j rccoJ'ds,
c~s rc;.le'il(:~nt:.,
for a::1 laF:3eD,
i.c.,
rer::o:ic; or
incideLLJ ''''hen cpplicab' e action (s) ',wrc no:::' taken for the
scrubber system that \lerC specified in the current Operation and
~4ain·t:.cnCt:;-lce
Plan for 80;;. Contrcl,
(~~s
prepared purcd,1n::: to
Ge-fT(j.i:.t:..j,,.,:,.Ft-....-l..-....9._.2.+.c.}...{-i-+...+.A+..-:-.
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 11
1.
Th.e d<:tc ef the lc.poc::.
11.
A......d.c-s.e.:r:.i.p.t-iBH
......e..f...
.....t..he.
........}.a-F.7-E.H::;..,.....
....i.f'te.l.ttt'.:li.fTs....
...-t,.h.t:;...-.f.3-pee.i
...f..i.e{::t
ac;t.ion.(D) that: I?cre Lot ta]CCR; ot.her acticlHO c)r fR::.t::..
qc~t:on
mca3ureo that perc taken, if cnYi::md the
l~
J:ely
e.eH..s-e-E'1ttene.es.
......o..f..
......t,h-e-.....
..l.a.ft-o-e.......a..g........r.e.l..a
..
t~t'-t:l·····
..
t,·t~·····€hmi··E3·B
..i.E;)-f'tB..,..........i-.f.......r.:;l-!"ty...
Ill.
The t:.rnc and
me'::::-,~l
by
',qhieh the
li~~poc::
',J'::::3
idcnt.if::.ed.
1V•
-±..
f......-:r;t)..l.e-V-a-H.t:.T..
...
...t.he.....
..l ..eH-g-t.h.....-E:).f..
.....-t:..iH1e...--a...f-t..e:I'.....
...t+:t-e-..-.l.at3-se-......waf.3--
:i.dect:::.f::.cd and before i3pec:.:Lfied act.:i.. on(s) ',Jere t.a](en, or
'"ere HO longer c""lppl':"cable and an Clcplcnat:ion \\Thy this time
.w.a,s--"H.e-t:...--fJ.f:r&£+e:r.:...,--i-fl-el-ttffi.nEj--rr-
..
.-d:i-sett5..s-.,i--er"r-e..f.
....
..t.fi.e.
..
····t-int-~-t:r-f
any
rn:i..t::i.got~:i.on
meor;urCD that vJere
tiJ.kcn.
V.
.±..f.......
.T.e-l.e.v.aH.t
..T.....
..
·t:.fH::-·~5-:t:··i
..FfI:i..:1..t-e-d.._..t:Bt,T.1..l-...
...-dttr.a.t,..i-(:7-F!-..
..
-t".:f.....
··t~he··-··-:l
..a-pHe..;-
i.e.,
the tetel length of time that the affected boilcrs
ran 'di thout the .3pecified act i on
~
EJ) being
takcE.
VI.
Pr......EJ:.i.s-e.tt.E3.S.i:.E;H+.....e.f..
......t,{
..1.e..
....tH'.dsahl.{::;.......e.a..u.f3-e-....6.f.......t;.h-e.......l.a-p.Ey.e
.......a.H.d:...
....a.ny
prcvect:~.t:i
.. vc:
mC.i~~sures
t:~;](cn.
vii.
A......di
...s.e.tts.s.:i-E:H'l:......wf'l:e-tch.e.:r:.-....t,.f'l:e.......a.Fi-'1-l.i.f::.aB
..l.e.......s0::.c......effri..s..&:i.eH.....
..l.imi-.t'.......o.£.
Condition 1.4(b) may have boeH violated, either during or
as c :r:esult of the 1 apse,
'd~
th fJapporting
cHplanation.
1.10-1
neport-inC] Requirements
Reporting of Deviations
a
Prompt Reporting of Deviations
.f:-e..f..
......t,.fJ.e....-a..f..f.e-c'"t:.e.(j...
...b-E;).i..l.e
...F..c,...,.........t.-he.
.......p-{:':-:r::.Ffti
.."t+e.e......sl-l-a.-l..l
.......
r~T·e1{tr'-'+·t·
..ly........ne.t,..i..£.y...
...-t:..he
+::
1.; co i:J
r;p!\ 0 f
de\}:
a.'~
i
(~:
BCl
from. the requi r.cmc:..nt:.:;
0
f th :i...J pe rmi t
.:1::::
.f.e.l..lcHJG.
!~t
a
m~n~ft1"um,
the-s-e-notification3
~-:-hall
':"ncl~..1de--a
deDcript.:i.cn of
::J~lch
d.:";'J:i.. at.ion.J,
irl.c.:j..
L~:j::Lcq ',;hct:h~:;r
they occurred
du:r:;::-:q startt::p or
fn,:::1.f~
..
:n:.~:tion/brc.al(do'oJn,
and a
di;Jc~J!3;Jio:-,.
of
the
f'.o-s-.S..i-.Js..l-e.....
..ea..u5.c.....-f)-f.....
...E.:;.ueh-..
··de·~f·i-a-·t,·i-E:H'l:f.3-T-··a-ny
....-(:0e.:r:..F{:':-E:"t:.i-ve..
.....
ae·t,·~:J:·E;);Ftf.3-
..
·-··a··Ft{~
.......a-H-y
preventat:~vc
mcai3urcDt:aken.
1.
Not
i
fication 'yJithin 21 hours for a deviation from
r"cquj.. r.:en.ents rC.::.. atcd to
p~q
ern.:i.E3sions ::.f t:.he dc'.v::'at::i
.. on
.:l.S
accompanicd by the failurc of si)( or more compartments ':"n
.t,.f.'t.e.-
...J9.a.glie.u-E.H.::--.s-ys--t"cfH.--
....!f1.f-)-...t:.f'.rC""-.e*.t.e-nt...
.....
HTa~t···
.....:t.f7f.::--8e-I."m±t-t-e-e.-..fra-&
C~)t:
cornpletcd:i.. t [; in.ve:Jt i.gat .:Lor .:Lct.o a :Jev:i. Gt::.on '1ihec the
this notification is made,
e.g.,
the Permittee is Dti'l
cvaluGting posE3ible causes eLd prcventative mcasures, full
information fer the deviation shall be 3ubrnitted upon
.e-emp.l.c..t:..i.e-n.......6.f...
....t.I'l:e........i:-.n-v-E':'.s.t..:i.g.a..t;
..i:.efT.y.._....w.i..t..]::t.......p.:r:.e.EJE'-{:':-S.s-
.......FEt*).:r:..t..&.....
..f-e.:r'.
thi.'J ::'nvestiq::t:oc ,::Jubm:.tt:.cj \Jith the
"~~c:Fnj
=)nn~~aJ
rcp~)rt:::.)
belo\i, until full information, co specified in
Cond~tion
1.10
1
(a),
.,."~
[;~lt;m.:Lt.t:cd
for t:he d.c.J.:L.at.ior.
ii.
Not:i.f.:i.. '::at.:i..on '.Jith th.e DCITI.:i..
annl.~.al
repor::~s
required
by
G(:;.Ft-di··t··~eH······
..
l...;..
..±-.O-2...{
..
a-.-t......_.
..f.6.:i:,..
.....Eiev.i
..d.t..i:.&HB......H.E;)-t....
..
··a·d-fj·:r:'"E:'··E.H.1·ed······a-·b0:v:C~y·
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 12
including deviations from other applicable requirements,
e···;-·tJ···.···T·_····Wf~}:r::··).:;·······p·I::·a·e·t··:i:··E:~·f::-······:y.c·e·qu·i··r:0ffl-eH·;j:::·S·T··_·····I::·{':~·H··i··Fe-Ei······ep-E::-r.:·-Q··t··i-·B·q
procedures, required maintenance practices, and
recordJ:eeping
requireDx.nts.
The semi annual reports required by Condition 1.10 2(a) shall
i--:n.e-l-uf:'i-e
..._..;j:::..j:Cte--....f.e.l:.l.("tw.if-h'J'
......i-H-f.('j.:r::fli:i.:i-t
...:iBfT.......:f.BF-....{;ch-e--a-f.-f-(::-e-K"-{j...--f:7e.i..l:.G-H3.
related to deviations from permit requirements during the
quarter.
1.
A....-l..i ..fJ.t:..i-f'l:-Ej.......E.'r.f..-...i:t-'l-l.--.-i+:rs.tcr.:.t-fT(:;e-s
.._-('j.:f.-.....0t:."..v.:i-a-L-.i-e.fTS
...
..-t.f:l:a-t,..-.-h-a.v-E.'
...-B-e-E..."TI:
reported in T.,4r:i.. ting to the I.l.. l.ino.:i.. c EP1\ a3 pro.v.l.ded by
G6H4i4:;..:i.of-r...._.:l.......
l ..
O-.l..+a.)-..
+
..
i ...,-T.......
..i.H-e-l.ufJi.fl-g
.._
...i-Eif::-Ftt,.:i
...f-i"E'}.a
..t ..i.e-r-l.....
..6 ..f._....\":..u..c'.h
:~~'J.ch
vv::'.::..
ttcn nO!::.ificat:i.oc or.:' report.
{"or tbi:.:;
purp~)r.:;e,
the
Permittec Recd net
rc.'J~:lbm~
t COpl
CD
of thc:Jc previ-e-t.Te
Ho.;j:::..i.:f.:i.t:;.a.t,.i-.f:HHJ
.......().F.......:r.:"f:::pe-:t<:.t:..f-:;........l:7u:t....-I-fta..'t.-
..
·c:--l·e-e·~::·_
...
..t.e........E..:;..lJ:p.p.l.em.efT.t
.....
...s.ueh
rn.J:t~er:i
.. al
.
11.
He.;j:::..a ..,i.l.ef:1.
.....i-+1:.fe.r-ntatc.:i-6:Ftr
......,.±s._.-:t<:-ef:J+.l-i-..H::fj.......f::-"Y-....G6ooi-t..ie.fl.......
.1.......1.{}-
1 (a)
(::.i), for
a.:.1
other
de'l:.at.ions.
1.10-2
a.
Reporting Requirements - Periodic Reporting
·~:F·h·e
.......p.e..rffl.:i.t:.;j:::.e
..e..--.s.ha-l-l.-.--g.Hf:)ffl.:i.t;.
...
.."5eI-ft.i-.aTH1:Ha-l-......
~~I*)·i.,,·t,·s-·
.._
..te....;j:::.h€" .._..
f.±..
.l:.i,.fTt:7i-s-
~
1.
!:F.he.g..e-
...
..
·f':·el~tf.:rr:·t:·s·
......s.h.a..±-.l:........i:-ne.l.:l:HJe
...-.a...
..-g..H.HHH.c.'J:.:r:y.
.....e..f........i ..n.,f.f:).:[.m.a.t;..i.e-n
recorded during the reporting period pursuant to Condition
:.9 3(aj-....
11.
!f~f'l:e.g.·t)..-
....
r:-E:'1~t:'1-I:;·t;·5·
.......f].h.a.l
..l:....-Hi.--e.l.uf5e........t-h-e.......i.-f'l:.f
..0.f.'.ffl.c.'J:.;j:::.i-.O.ft.
...._.f-t;'1.I?.
.......
t:..
he-
affected boilers related to deviations during the quarter
sp.ee-i.:f...ie4"...f7y--b-t.::
l
fH:i-i-t-i-e-nc..
._.1.-1..f.J-l-ftr.h"
111.
r~rr'i.Cse
:::,.C!;)o:r."t:.s shall be s'clbrn.itted
'd.itJ~:l.n
30 days aft:.er the
cnd of each calendar half.
For cHample, the report for the
.:f..i-.£
..s.:t---.ha--.l.,f-;-
...--i....;-e-...'T.......J ..a..nHr.1.:l'::";y......;j:::..ftr"0
tH
lh-.-J'
..HHe.,....--.g..h-a..l ..l:.......f:)€._-s.:a-Bffi:i-.;j:::.:t-e-Ei
by
J~
..
l:l.y
3
a
.
b.
LF.he....
...f4.::.::::nl-i-t..t.-E:'.e
.....
..fJ-±:1.a..l+....-t3-6ffi:f:71..
y.......w..
i ..t.h.....-a-l..:l-.....att-p.:l
...i-(:;.c.'J:.b-l.e
...--I':.(:l'F"B.:t<:.;j:::
..i.Hq
requirements of 35 IAC Part 225 related to control of
mcrcur~r
em-.'l:-{3EJ-' OBE>
:rom
tl-~e
affected boi.J:..e.r..s..
1.11
Authorization for Operation
The Permittee may operate the affected boilers with the new baghouse,
scrubber, and sorbent injection systems under this construction permit
until such time as final action is taken to address these systems in
the CAAPP permit for the source provided that the Permittee submits an
appropriate application for CAAPP permit, which incorporates new
requirements established by this permit within one year (365 days) of
beginning operations of the affected boilers with these systems.
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Page 13
If you have any questions concerning this permit, please contact Kunj Patel
or Christopher Romaine at 217/782-2113.
Edwin
C.
Bakowski,
P.E.
Acting Manager, Permit Section
Division of Air Pollution Control
ECB:CPR:KMP:jws
cc:
Region 3
Date Signed:
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
Attachment
1:
Consent Decree:
United States of America and the State of Illinois, American Bottom
Conservancy, Health and Environmental Justice-St. Louis, Inc., Illinois
Stewardship Alliance, and Prairie Rivers Network, v. Illinois Power Company
and Dynegy Midwest Generation Inc.,
Civil Action No. 99-833-MJR, U.S.
District Court, Southern District of Illinois
1.
Original Consent Decree, entered May
27,
2005
2.
Order,
Modifying the Consent
Decree, entered November 21, 2005
3.
Order,
Modifying the Consent Decree,
entered August
9,
2006
4.
Order,
Modifying
the Consent Decree, entered October 26, 2006
5.
Order, Modifying the Consent Decree,
entered
January
12, 2007
6.
Order,
Modifying the
Consent Decree, entered December
19, 2007
KMP: jws
Electronic Filing - Received, Clerk's Office, July 29, 2008
* * * * * PCB 2009-009 * * * * *
