BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
R OF:
PROPOSED NEW 35 ILL. ADM. CODE 225
CONTROL OF EMISSIONS FROM
ON SOURCES (MERCUR
NOTICE OF F
TO: Ms. Dorothy M. Gunn
Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
(VIA ELECTRONIC
MAIL)
R06-025
(Rulemaking - Air)
Marie E.
Tipsord, Esq.
Hearing
Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West
Randolph Street
Suite 11-500
Chicago, Illinois 60601
CTRONIC MA
ONS ON
ATTACHED
SERVICE LIST)
I have today filed with the Office of the Clerk o
is Pollution Control Board the POST-HEARING
COMMENTS OF THE
ROUP, a copy of which is
ILLINOIS ENVIRO
REGULATORY GROU
By: /s/ Katherine D. Hodgee
One of Its Attorneys
Dated: September 20, 2006
3150 Roland Avenue
ice Box 5776
(217) 523-4900
7 5776
NG SUB
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CERTIFICATE OF SERVICE
1, Kat
Hodge, the undersigned, hereby certi
I have served the
attached POST-HEARING COMMENTS OF
THE ILLINOIS ENVIRONMENTAL
REGULATORY GROUP upon:
Dorothy M. Gunn
Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
-500
Chicago,
Illinois 60601
Marie E Tipsord, Esq.
Hearing
Officer
Illinois
s, White & Magel, Ltd.
Sheldon A. Zabel, Esq.
Kathleen C.
Bassi, Esq.
Stephen
J. Bonebrake, Esq.
Joshua R. More, Esq.
6600 Sears
Tower
John J. Kim,
Managing Attorney
Charles
E. Matoesian, Assistant Counsel
Gina Roccaforte, Assistant Counsel
Illinois
Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield,
Illinois 62794-9276
Dianna Tickner
Mary Frontczak
Prairie State Generating
Company, LLC
701 Market Street
Jenner & Block
, 40th Floor
Chicago,
Illinois 60611
Howard A. Learner, Esq.
Faith
E. Bugel, Esq.
Meleah Geertsma, Esq.
Environmental Law and Policy Center
35 East Wacker Drive
Suite 1300
linois 60601
Chicago, Illinois 60606-6473
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 20, 2006
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Keith
Chicago Legal Clinic
205 West Monroe Street
4th Floor
Chicago, Illinois 60606
William A. Murray
Regulatory Affairs Manager
Office of Public Utilities
800 East Monroe Street
g field, Illinois 62757
James
W. Ingram
for Corporate Counsel
Dynegy Midwest Generation,
1000 Louisiana
Suite 5800
Houston, Texas 77002
James T. Harrington, Esq.
David Rieser, Esq.
Jeremy R. Hojnicki
McGuire Woods LLP
77 West Wacker Drive, Suite 4 100
Chicago,
Illinois 60601
S. David Farris
Manager, Environmental, Health & Safety
Office of Public Utilities
201 East Lake Shore Drive
Springfield, Illinois 62757
evitt
est Generation
440
South
LaSalle Street
500
Chicago, Illinois 60605
onic mail on September 20, 2006, on September 20, 2006.
/s/ Katherine D. Hodge
IERG:0(I I /R Dockets/Fil/COS - R06-2S
Post Hearing Comments
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 20, 2006
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ILLINOIS
POLLUTION CONTROL
BOARD
IN THE MATTER OF:
PROPOSED
NEW 35 ILL.
ADM. CODE 225
CONTROL
OF EMISSIONS
FROM
LARGE COMBUSTION
SOURCES (MERCU
)
R06-025
(Rulemaking - Air)
))
POST-HEARING
COMMENTS OF
THE
ILLINOIS ENVIRONMENTAL
REGULATORY
GROUP
NOW COMES t Illinois
Environmental Regulatory
Group ("IERG'
thro
Commen
HODGE DWYER ZEMAN,
and submits its Post-Hear
by
and
above-captioned
matter to the Illinois
Pollution Control Board
("Board"), stating
as follows:
I. INTRODUCTION
The
Illinoi
corpora
ental
Regulatory Group ("IERG")
is a not-for-profit Illinois
mber
of Commerce and composed
of
fifty-five (55) member
companies regulated
by governmental agencies
that promulgate,
ions, rules or other policies.
On beha
companies, IERG
has attended outreach
meetings, reviewed drafts of
the
proposed rules, and monitored
Board hearings
in this matter. Several of
IERG's member
companies have participated
d
this rule
IERG offers these comments
for
consideration
by the Board
on behalf of its member
compani
Multi-Pollutant Standards
("MPS") negotiation,
as noted below.
II,
USSION
g, testimony
was offered on
the
coons of
emissions of mercury,
as
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 20, 2006
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etions of emissions of two
other pollutants - SOZ and NOx -- from sources choosing
the
MPS compliance alternative. Two of IERG's
member companies filed statements
jointly with the Illinois
Environmental Protection Agency ("Illinois
EPA") in support of
the MPS, providing, in pertinent part,
as follows:
Ameren and the Illinois
EPA agree that compliance with the Multi
Pollutant Alternative
is both technically feasible and economically
able, and that the level of NOx and SO2
reductions required in the
ed rule is expected to contribute
significantly towards the state's
efforts to achieve attainment
of National Ambient Air Quality Standards,
and any further
reductions needed would first come
from other sources.
25 at 3 (July
28, 2006 . (Emphasis added.) Filed by
Ameren
any, AmerenEnergy Resource Generating Company,
Electric
., and the Illinois Envi
Dynegy and the Illinois EPA
agree that compliance with the MPS revised
as set forth herein,
is
both
technically feasible and economically
reasonable, and that
the level of NOx and SOZ emission
reductions
under the revised MPS is expected
to contribute significantly to
EPA's efforts to achieve
attainment of the National Ambient
Air
Standards, and that
any further reductions needed
would first be
other sources.
nvironmental Protection Agency
and
2006). (Emphasis
added.
August 14, 2006,
testimony was offered by the Illinois
E
a point of clarification regarding
of the above-referenced
phrase, i.e.,
"any further
reductions needed would first be
sought from other sources." See
August
1
202.
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MPS compliance alternative. See August 14, 2006, Tr. at
202. IERG
understands
this to
mean that Illinois
EPA would therefore look to EGUs that are not following the MPS,
and/or
non-EGUs, to achieve further reductions of NOx or SO2.
Indeed, when
specifically asked about non-EGLJs,
Illinois EPA's response was that they would
" be targeted for further NOx or SO2 reductions.
Id. IERG's comments here
seek further clarification
on this point.
IERG has long supported the mercury emission
reductions that would be achieved
by adop of the federal Clean
Air Interstate Rule ("CAIR") and Clean Air
Mercury
ntal Protection Agency developed both
cognition that implementing air
pollution controls
uld afford
cost-effective emission reductions. This reduction
of
low the regulated entities to install the
necessary emission
debt load. It was further recognized that
ch would minimize potential impact on the power
grid's stability and
reliability. In addition, as
Illinois EPA has acknowledged, the mercury
reductions under
part, based on expected
co-benefits from NOx and SO2 emission
controls
under CAIR. See Illinois EPA's
Response to Midwest Generation's Motion
to
le Additional Hear
R06-2S at 8 (August
31, 2006).
option as a rational extension
of the
CAMRJCAIR
co-benefit model. However, this
rulemaking, as originally proposed, did
regulatory goal:
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Illinois EPA's regulatory proposal
aims to achieve maximum mercury
reductions in Illinois from EGUs while providing reasonable flexibility for
affected sources.
Statement
of Reasons, R06-25 at 24 (March 14, 2006).
The original intent of this
i°ulemaking was to regulate mercury emissions from
coal-fired EGUs
in Illinois. For example, the technologies promoted by the Illinois EPA
1 posal, such as sorbent
injection, were presented solely in terms of their
ability to control mercury emissions and not for the benefit they would provide as part
of
a multi-pollutant control strategy.
IERG certai
compliance alternatives and the
on mercury emissions.
Illinois EP
ns for "other sources" of NOx
control of mercury emissions and control
of emissions of other pollutants.
Now, however, it appears that the statements surrounding the MPS proposed
in
this mercury rulerna
in t
ertain that these "other sources"
have been
ds the inclusion of
enefit that NOx and SO2 emissions reductions
have
ertheless originated separate regulatory paths
ions, especially in the context of a rulemaking to
control emissions of mercury fro
s .
at pursuant to the Board's request, Illinois EPA
will
be
provisions with
the proposed CAIR provisions. See
onse
-25 at 4
ion's Motion to Schedule Additional
. However, it is unclear whether Illinois EPA
ether non-
Thus, IERG respectfully requests that the
Board also ask Illi
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cations, if any, of the MPS, as proposed in this proceeding, for "other sources" of
emissions of S02 and NOx, including non-EGUs.
CONCLUSION
IERG respect
ests that the Board take further action in this proceeding
ent with IERG's comments. Again, IERG appreciates this opportunity
to
participate in this rulem
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
REGULATORY GROUP
Dated: September 20, 2006
By:
/s/ Katherine D. Hodge
One of Its Attorneys
Katherine D. Hodge
onna Driver
3150
Roland Avenue
Box 5776
IERG:001/R Dockets[Filing/R06-25/Post-Hearing Conlrnents.draft
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 20, 2006
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