BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

)

PROPOSED NEW CLEAN AIR

)

R06-26

INTERSTATE RULES (CAIR)

)

(Rulemaking – Air)

SO

2

, NO

x

ANNUAL AND NO

x

)

OZONE SEASON TRADING

)

PROGRAMS, 35 ILL. ADM. CODE 225,

)

SUBPARTS A, C, D, E and F

)

NOTICE OF FILING

To:

Dorothy Gunn, Clerk

Persons included on the

Illinois Pollution Control Board

ATTACHED SERVICE LIST

James R. Thompson Center

Suite 11-500

100 West Randolph

Chicago, Illinois 60601

PLEASE TAKE NOTICE that we have today filed with the Office of the Clerk of the

Pollution Control Board the FIRST NOTICE COMMENTS OF MIDWEST GENERATION,

LLC, a copy of which is herewith served upon you.

/s/ Karl A. Karg

Karl A. Karg

Dated: June 25, 2007

Karg A. Karg

Cary R. Perlman

Andrea M. Hogan

LATHAM & WATKINS LLP

Sears Tower, Suite 5800

233 South Wacker Drive

Chicago, IL 60606

Telephone: (312) 876-7691

Fax: (312) 993-9767

karl.karg@lw.com

Electronic Filing, Received, Clerk's Office, June 25, 2007

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

)

PROPOSED NEW CLEAN AIR

)

R06-26

INTERSTATE RULES (CAIR)

)

(Rulemaking – Air)

SO

2

, NO

x

ANNUAL AND NO

x

)

OZONE SEASON TRADING

)

PROGRAMS, 35 ILL. ADM. CODE 225,

)

SUBPARTS A, C, D, E and F

)

FIRST NOTICE COMMENTS OF MIDWEST GENERATION

NOW COMES Participant MIDWEST GENERATION, LLC, pursuant to 35 Ill. Adm.

Code §102.108, and offers the following comments on Section 225.615(g)(4), proposed in the

above-captioned proposed rule, as published for first notice in 31 Ill. Reg. 6769 (May 11, 2007):

Under Subpart F of the Rule, the Combined Pollutant Standards, and specifically, Section

225.615(g)(4), the flue gas flow rate must be determined for the point of sorbent injection;

provided that this flow rate may be assumed to be identical to the stack flow rate if the gas

temperatures at the point of injection and the stack are normally within 100° F, or it may

otherwise be calculated from the stack flow rate, corrected for the difference in gas temperatures.

Midwest Generation, LLC proposes to amend Section 225.615(g)(4) to allow for

correction of the flue gas flow rate for the amount of air in-leakage between the injection

location and the stack, in addition to the currently allowed correction for the difference in gas

temperatures. Allowing for correction of the flue gas flow rate for air in-leakage provides a

more accurate determination of the flue gas flow rate at the point of sorbent injection. As such,

this amendment would result in a reduction of unnecessary sorbent use where the cost of such

sorbent is significant and where the supply of sorbent is limited and may be subject to shortfalls.

Moreover, the proposed amendment will not diminish the effectiveness of the applied sorbent

Electronic Filing, Received, Clerk's Office, June 25, 2007

---

nor the ability of each affected source to otherwise comply with the limits for Mercury

emissions. Rather, the amendment will eliminate the need for additional sorbent to be added in

response to added stack flow caused by air in-leakage, which air in-leakage does not contain any

emissions, let alone additional concentrations of Mercury. For Midwest Generation, LLC, the

average air in-leakage at each unit between the point of sorbent injection and the stack is

expected to be between 10 and 15 percent of the total flue gas flow.

Midwest Generation requests that the text of Section 225.615(g)(4) be amended as

follows, with proposed revised language in underlined bold format:

(g)(4) For purposes of subsection (g)(3) of this Section, the flue gas flow rate must be

determined for the point of sorbent injection; provided that this flow rate may be assumed to be

identical to the stack flow rate if the gas temperatures at the point of injection and the stack are

normally within 100º F, or the flue gas flow rate may otherwise be calculated from the stack flow

rate, corrected for the difference in gas temperatures

and air leakage into the ductwork after

the point of injection as determined by measurement of O

2

or CO

2

. Unless the Agency

approves an alternative procedure, the following equations shall be used to determine the

Air In-Leakage Factor = (%O

2

, Stack, Wet - %O

2,

(20.9 - %O

2

, Stack, Wet)

or

Air In-Leakage Factor = (%CO

2

, ESP Inlet, Wet - %CO

(%CO

2

, Stack, Wet)

For purposes of this subsection, “acfm” shall mean actual cubic feet per minute.

For the reasons outlined above, Midwest Generation, LLC requests that the Board adopt

the proposed changes to Section 225.615(g)(4) as set forth above.

Electronic Filing, Received, Clerk's Office, June 25, 2007

---

Dated: June 25, 2007

Respectfully submitted,

MIDWEST GENERATION, LLC

By: /s/ Karl A. Karg

One of its Attorneys

Karl A. Karg

Cary R. Perlman

Andrea Hogan

Attorneys for Petitioners

Latham & Watkins, LLP

233 South Wacker Drive

5800 Sears Tower

Chicago, Illinois 60606

Electronic Filing, Received, Clerk's Office, June 25, 2007

---

CERTIFICATE OF SERVICE

I, the undersigned, certify that on this 25th day of June, 2007, I have served electronically

the attached FIRST NOTICE COMMENTS OF MIDWEST GENERATION, LLC upon the

following person:

Dorothy Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

Suite 11-500

100 West Randolph

Chicago, Illinois 60601

and by first-class mail with postage thereon fully prepaid and affixed to the persons listed on the

ATTACHED SERVICE LIST.

/s/ Karl A. Karg

Karl A. Karg

Karg A. Karg

LATHAM & WATKINS LLP

Sears Tower, Suite 5800

233 South Wacker Drive

Chicago, IL 60606

Telephone: (312) 876-7691

Fax: (312) 993-9767

karl.karg@lw.com

Electronic Filing, Received, Clerk's Office, June 25, 2007

---

(R06-26)

Amy Antoniolli

Hearing Office

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph

Suite 11-500

Chicago, Illinois 60601

Rachel Doctors, Assistant Counsel

John J. Kim, Managing Attorney

Air Regulatory Unit

Division of Legal Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

Matthew J. Dunn, Division Chief

Office of the Illinois Attorney General

Environmental Bureau

188 West Randolph, 20

th

Floor

Chicago, Illinois 60601

Virginia Yang, Deputy Legal Counsel

Illinois Department of Natural Resources

One Natural Resources Way

Springfield, Illinois 62702-1271

David Rieser

James T. Harrington

Jeremy R. Hojnicki

McGuire Woods LLP

77 West Wacker, Suite 4100

Chicago, Illinois 60601

Sheldon A. Zabel

Kathleen C. Bassi

Stephen J. Bonebrake

SCHIFF HARDIN, LLP

6600 Sears Tower

233 South Wacker Drive

Chicago, Illinois 60606

Katherine D. Hodge

N. LaDonna Drive

HODGE DWYER ZEMAN

3150 Roland Avenue, P.O. Box 5776

Springfield, Illinois 62705-5776

William A. Murray

City of Springfield, Office of Public Utilities

800 East Monroe, 4

th

Floor, Municipal Building

Springfield, Illinois 62757-0001

Faith E. Bugel

Environmental Law and Policy Center

35 East Wacker Drive, Suite 1300

Chicago, Illinois 60601

Keith I. Harley

Chicago Legal Clinic, Inc.

205 West Monroe Street, 4

th

Floor

Chicago, Illinois 60606

Electronic Filing, Received, Clerk's Office, June 25, 2007

---

(R06-26)

S. David Farris

Manager, Environmental, Health and Safety

City Water Light & Power

201 East Lake Shore Drive

Springfield, Illinois 62757

Sasha M. Reyes

Steven K. Murawski

Baker & McKenzie

One Prudential Plaza, Suite 3500

130 East Randolph Drive

Chicago, IL 60601

Bruce Nilles

Sierra Club

122 West Washington Avenue, Suite 830

Madison, Wisconsin 53703

Daniel D. McDevitt

General Counsel

Midwest Generation, LLC

440 South LaSalle Street, Suite 3500

Chicago, Illinois 60605

Bill S. Forcade

Katherine M. Rahill

Jenner & Block LLP

One IBM Plaza

Chicago, Illinois 60611

James H. Russell

Winston & Strawn LLP

35 W. Wacker Drive, 40

th

Floor

Chicago, Illinois 60601