ILLINOIS POLLUTION CONTROL BOARD
July 20, 1978
COMMONWEALTH
EDISON
COMPANY,
)
)
Petitioner,
)
)
v.
)
PCB 77-316
ENVIRONMENTAL PROTECTION
)
AGENCY,
)
Respondent.
MESSRS. RICHARD E. POWELL and EUGENE H. BERNSTEIN, ISHAM, LINCOLN
& BEALE,
APPEARED
ON BEHALF OF PETITIONER;
MESSRS. STEPHEN T. GROSSMARK and PATRICK
3.
CHESLEY, ASSISTANT
ATTORNEYS GENERAL, APPEARED ON BEHALF OF RESPONDENT.
OPINION AND ORDER OF THE BOARD (by Mr. Goodman)
On December 1, 1977
Commonwealth Edison Company (Edison)
filed its petition
for variance from the emission limit for
particulate matter applicable to the Kincaid Station until such
time as Edison can complete construction of new control equip-
ment. Variance is requested from Rule 203(g) (1) (B) of the
Board’s Air Pollution Control Regulations (Regulations). Hearing
was held in this matter on June 1, 1978; no citizens appeared at
the hearing and the Board has received no public comment in this
matter.
Kincaid Station is a coal—fired power plant located in
Christian County adjacent to Peabody Coal Company’s Mine 10,
which is the sole supplier of the coal used at Kincaid. In
March of 1977 a coal washer was completed at Mine 10 and there-
after only washed coal has been supplied to the Kincaid Station.
In addition, all flue gases from the boilers at Kincaid are ex-
hausted through Research-Cottrell electrostatic precipitators
into 500 foot stacks. Recent tests have indicated that precipi-
tator efficiency has dropped from the previous 98 removal to no
better than 92 removal efficiency. A sulfur dioxide supple-
mental control system (SCS) at Kincaid has provided extensive
ambient monitoring data for particulates.
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After exerting extensive efforts to improve the collection
efficiency of the existing control equipment, Edison has concluded
that the installation of new control equipment is necessary to
meet the 0.1 lbs../NBTU limit of Rule 203(g) (1) (B). The new facili-
ties proposed include two new electrostatic precipitators to be
operated in tandem with the existing precipitators, and a single
new stack through which all the Kincaid flue gases will be vented
after treatment by the precipitators~. Edison estimates that the
construction of the new precipitators and the new stack will cost
in excess of $60 million. Engineering estimates indicate that
the new precipitators should be ready for service by October,
1981 and that the new stack should be completed in mid 1979.
Although only washed coal has been received by Edison since
March of 1977 an indeterminate amount of unwashed coal is in the
storage piles and must be disposed of. Edison estimates that
there are approximately 400,000 tons of mixed washed and unwashed
coal in storage which they propose to burn on a 50—50 basis with
known washed coal until all of the unwashed coal in storage has
been utilized. The combination of washed and unwashed coal will
yield a maximum particulate emission of 0.4 lbs./MBTU.
The washed
coal under existing precipitator and stack conditions will yield
0.3 lbs./MBTU and the washed coal utilizing the new precipitator
equipment and taller stack will result in an emission of no more
than 0.1 lbs./MBTU. Edison therefore requests interim limits of
0.4 lbs./MBTU until the unwashed coal is completely utilized,
estimated by Edison to be no later than July 1, 1979. Edison
further requests a limitation of 0.3 lbs./MBTU’s until October
31, 1981, the target date for operation of the new equipment.
Subsequent to November 1, 1981, Edison will be in compliance with
the regulations.
Edison alleges that the operation of the Kincaid Station has
no adverse impact on total suspended particulate ambient air
quality in the area. Consultants retained by Edison to evaluate
the impact of particulate emission from Kincaid on ambient air
quality reported their conclusions in Exhibits No. 6 and 7. The
Consultants concluded that the contribution of the Kincaid
Station to existing air quality levels of plant vicinity was very
small and that operation of the Station should not threaten or
prevent the attainment of the ambient total suspended particulate
standards in the plant vicinity (Exhibit 6, p.4). Testimony
at the hearing indicated that there would be no problem regard-
less of the use of 50 unwashed coal (R.72).
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Edison alleges that denial of this variance would impose
substantial hardships upon Edison and its customers in the form
of increased costs or power outages. In order to make up for
the loss or derating of the Kincaid units, Edison would have to
reserve the right to ask for power from neighboring electric utili-
ties at substantial cost or run the risk of being unable to supply
the power requirements of its customers at certain times. In
addition, Edison would be faced with replacing Kincaid’s output
with extended use of higher cost units.
The Agency recommends that Edison be granted variance for
Kincaid under certain conditions. As finally constituted, the
only condition recommended by the Agency with which Edison differs
is that which conditions the variance upon Edison’s meeting various
interim construction milestones. Edison proposes that it provide
reports to the Agency with respect
to thesemilestones and its
overall progress toward completion of the required facilities.
The Agency, however, recommends a formal compliance program with
specific dates for the completion of certain intermediate steps
in the installation procedure due to the length and nature of the
total compliance program. In addition, the Agency recommends a
performance bond in the amount of $5 million to assure install-
ation of the new particulate control equipment in a timely manner.
The Board finds that under the conditions of the proposed
variance the emissions from Kincaid will not prevent attainment
or maintenance of air quality standards. The Board further
finds that denial of this variance petition would cause arbitrary
and unreasonable hardship upon
Edison
and its customers. The
Board will therefore grant Edison variance from Rule 203(g) (1) (B)
of
the Pollution Control Board Rules and Regulations Chapter 2:
Air Pollution as applicable to the Kincaid Station until October
31, 1981 subject to certain conditions. Petitioner is reminded
that failure to achieve final compliance with the requirements
of the State Implementation Plan or any revision thereto may
subject Petitioner to a noncompliance penalty under Section 120
of the Clean Air Act (42 USC Section 7420).
This Opinion consitutes the findings of fact and conclusions
of law of the Board in this matter.
ORDER ~
It is the Order of the Pollution Control Board that:
1. Commonwealth Edison Company be granted variance
from Rule 203(g) (1) (B) of the Board’s Air Pollu-
tion Regulations for its Kincaid facility until
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October 31, 1981 subject to the following condi-
tions:
A. Until March 1, 1979 particulate emissions shall
be limited to a rate of no more than 0.4 lbs./
MBTU of actual heat input.
B. From March
1,
1979 until March 1, 1981 emis-
sions of particulate matter from Kincaid
Unit No. 1 shall not exceed the rate of 0.3
lbs./MBTU of actual input.
C. From March 1, 1979 until October 15, 1981
emissions of particulate matter from Kincaid
Unit No. 2 shall not exceed 0.3 lbs./MBTU of
actual heat input.
D. Edison shall construct, install and begin
operation of new particulate removal control
equipment and a new chimney at its Kincaid
Station during the term of this variance and
shall report its progress to the Agency every
three months starting September 1, 1978.
E. Within 45 days of the adoption of this Order,
the Commonwealth Edison Company shall execute
and forward to the Illinois Environmental
Protection Agency, 2200 Churchill Road,
Springfield,
Illinois 62706 a Certification
of Acceptance and Agreement to be bound to
all terms and conditions of this Order. The
45 day period shall be held in abeyance
during any period this matter is being
appealed.
The form of said certification
shall be as follows:
CERTIFICATION
I (We),
having read and
fully understanding the Order of the Illinois Pollution
Control Board in PCB 77—316 hereby accept said Order and
agree to be bound by all of the terms and conditions
thereof.
SIGNED____________________________
TITLE_____________________________
DATE_____________________________
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2.
This variance shall terminate July 1, 1979
if its terms
have not previously become
part of the Illinois State Implementation
Plan
under the Federal Clean Air Act.
I,Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, bereby certify the abo e Opinion and O~der
were dopted on the ~
day of
,
1978 by a vote
of
. 0
.
Christan L. Moffe Clerk
Illinois Pollutio ontrol Board
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