Enclosures

F C. VA(~

DEC—i ~—2I90: ~R: 5~

2177829807

F. 02

E~EC. E

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

:~:

BLACK BEAUTY COAL COMPANY

)

Coal Preparation Facility

—

Riola Portal

)

Oi~

)

‘~2

IILI1u’fl

~.r:),’

~car~

PROPERTY IDENTIFICATION NUMBER

)

PCB OS~

27-33-200-004-8060

)

(Tax Certification)

)

NOTICE

TO:

Dorothy Gurm, Clerk

Donald Coovert

Illinois Pollution Control Board

5949 Beau Jardine Drive

State ofIllinois Center

Indianapolis, Indiana 46237

100 W. Randolph Street, Suite 11-500

Chicago, Illinois 60601

Steve Santarelli

Illinois Department ofRevenue

101 West Jefferson

P.O. Box 19033

Springfield, Illinois 62794

PLEASE TAKE NOTICE that I have today filed with the Office ofthe Pollution Control

Board the APPEARANCE AND RECOMMENDATION of the Illinois Environmental

Protection Agency, a copy ofwhich is herewith served upon you.

By:

_________________

Robb H Layrna

Special Assistant Attorney General

ARDC#6205498

Date: December 16, 2003

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021 North Grand Avenue East

P.O. Box 19276

Springfield, IL 62794-9276

Telephone:

217/782-5544

Facsimile: 217/782-9807

THIS FILING IS.STJBMITTED ON RECYCLED PAPER

DEC—t6--200

09:57

2177829807

F’. 03

~RE~C E.~VE~D~

DEC 1 ~

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

5TATE Uk

1Wc’4O~S

BLACK BEAUTY COAL COMPANY

)

Pollution Control .Boar~

Coal Preparation Facility

—

Riola Portal

)

.04-

PROPERTY IDENTIFICATION NUMBER

)

PCB ~

27-33-200-004-8060

)

(Tax Certification)

)

APPEARANCE

I hereby file my Appearance in this proceeding on behalf ofthe Illinois Environmental

Protection Agency.

By:

_________________

Robb H. Layman

Special Assistant Attorney General

ARDC #6205498

DATED: December

16, 2003

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

Telephone: 217/782-5544

Facsimile: 217/782-9807

THIS FILING IS SUBMITTED ON RECYCLED PAPER

DEC—1~—2003 09:57

2177829807

P.04

REC

Erv~ ~

CL~p~’~

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD S7~TEJ~LO~±~

~ i~’(~ts

BLACK BEAUTY COAL COMPANY

)

~Ol!UtIOn

Control 3-’

Coal Preparation Facility

—

Riola Portal

)

PROPERTY IDENTIFICATION NUMBER

)

PCB~Q~-

27-33-200-004-8060

)

(Tax Certification)

)

RECOMMENDATION

NOW COMES the ILLINOIS ENVIRONMENTAL PROTECTION AGENCY (“Illinois

EPA”), through its attorneys, and pursuant to 35 Iii. Adm. Code 125 .204 of the ILLINOIS

POLUTION CONTROL BOARD’S (“Board”) regulations, files the Illinois EPA’s

Recommendation in the above-referenced tax certification request ofair pollution control

facilities, In support thereof, the Illinois EPA states as follows:

On October 22, 2003, the Illinois EPA received a request and supporting

information from BLACK BEAUTY COAL COM.PANY (“Black Beauty”) concerning the

proposed tax certification ofair pollution control facilities for certain sources andior equipment

located at its Riola Portal facility. A copy ofthe relevant portions ofthe application is attached

hereto. Exhibit A.

Additional information concerning the property identification numbers was sent

by facsimile to the Illinois EPA on November 13, 2003. I:Exhibit B.

The applicant’s address is as follows:

Black Beauty Coal Company

Attention: Mr. Donald Coovert

5949 Beau Jardine Drive

Indianapolis, Indiana 46237

EEC—1E—2~0 09:57

2177829807

P.05

The air pollution control facilities involved in this request are located at 8282

Catlin-Indianola Road, Catlin, Vermilion County, Illinois 61817 and consist ofthe following:

Coal Preparation Facility whose primary purpose is to remove, through a coal

washing process, the sulfur and ash from the coal. The coal washing process

reduces sulfur dioxide and particulate matter emissions, which are regulated air

pollutants.

Section 11-10 ofthe Property Tax Code, 35 ILCS 200/11-10 (2002), defines

“pollution control facilities” as:

“a.ny system, method, constmction, device or appliance appurtenant thereto, or

any portion of any building or equipment, that is designed, constructed, installed

or operated for the primary purpose of: (a) eliminating, preventing, or reducing air

or water pollution.., or (b) treating, pretreating, modifying or disposing ofany

potential solid, liquid, gaseous pollutant which if released without treatment,

pretreatment, modification or disposal might be harmfiul, detrimental or offensive

to human, plant or animal life, or to property.”

Pollution control facilities are entitled to preferential tax treatment, as provided by

35 ILCS 200/11-5 (2002).

Based on information in the application and the underlyingpurpose ofthe

facilities to prevent, eliminate orreduce air pollution, it is the Illinois EPA engineeringjudgment

that the described facilities may be considered as “pollution control facilities” in accordance with

the statutory definition and consistent with the Board’s regulations at 35 Ill. Adm. Code 125200.

Because the described facilities satisfy the aforementioned criterion, the Illinois

EPA recommends that the Board issue the applicant’s requested tax certification

rIEC—16--2003 09:57

2177829807

2177829:307

P.06

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

By: ____________________

Robb H. Layman

Special Assistant Attorney General

ARDC#6205498

DATED: December 16, 2003

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

Telephone: 217/782-5544

Facsimile: 217/782-9807

THIS FILING IS SUBMITTED ON RECYCLED PAPER

tEC—16-2O~ 09:57

2177829807

P.07

PROOF OF SERVICE

I, the undersigned, certify that I have served the attached Appearance and

Recommendation upon the person to whom it is directed, by placirfg them in an envelope

addressed to:

TO:

Dorothy Gunn, Clerk

Donald Coovert

Illinois Pollution Control Board

5949 Beau Jardine Drive

State of illinois Center

Indianapolis. Indiana 46237

100W. Randolph Street, Suite 11-500

Chicago, Illinois 60601

Steve Santarelli

Illinois Department

Revenue

101 West Jefferson

P.O. Box 19033

Springfield, Illinois 62794

and mailing it by First Class Mail from Springfield, Illinois on December 16, 2003. A copy of

the attached documents was also filed by facsimile with the Board on this same date.

Robb H. Layman

Special Assistant Attorney General

ARDC #6205498

THIS FILING IS SUBMITTED ON RECYCLED PAPER

2rE0—1E_2003 09~57

2177829807

P.08

Peobodq

7~O2~1~

1970 8arrett Court

PEABODVENERGY

RO.~ox1990

Herderson.

Kentucky 624~9.19so

270.827.OeOO

DAVID R. JO~ST

270827,6221

(writers D~ie~t)

c~ur’~I

270.827,6278 (Fax)

October 20, 2003

Mr. Donald E. Sutton

Permit Section

Division of Air Pollution Control

Illinois Environmental Protection Agency

P.O.

Box

19276

Springfield, Uhinois 62794-9276

RE:

Black

Beauty Coal

Company

Riola Portal Preparation

Plant

Application for Certification of Pollution Control Facility

(Air) (Property Tax Treatment)

Dear Mr. Sutton:

Enclosed please find an original and one copy of Black Beauty Coal

Company’s application for certification of its Rioha Portal Preparation Plant as an

air pollution control facility.

Black beauty has designated Donald Coovert as its representative for

purposes of contact and receipt of the certification. Mr. Coovert’s address and

telephone number appear in the application. Please contact him if you require

any further information.

Very truly yours,

)

Attorney

David

for~j~

,J?ej

Beauty

Coal Company

Enclosures

cc:

D. Coovert

W. Parke (w/o end)

OCT22

- DAPO

7003

c:~9etaUOEST\UB

P~II~lion

File

Lctter.d~

,,4

EE’:—i5—200~ 09:57

2177829807

P. 03

APPLICATION FOR CERTIFICATION (PROPERTY

TAX

TREATMENT)

This Agcncy is

authorizod

to requcar this

POLLUTION CONTROL FAC1LITY

information

under Illinois Revised Statues. 979,

AIR~

WATER

Chapter,

120, Section

502a-5.

Disclosure ofthis

information is voluntary. Howcvcr, fiuilure to

iLLINOIS ENVIRONMENTAL PROTECTION AGENCY

comply could prevent your application from

P. 0. Box 19276,

SprIngfield,

IL 62794-9276

being

proce~cdor

~uld

result in denial of

your

application for certification.

FOR AGENCY USE

Fie No.

Date ReceiVad

Certi~cationNo.

Date

Sec. A

~

~

, Company Name

‘

Black beauty Coal Company

Person Authorized to Receive Certii9catiori

Person to ContOct for Additional Details

Donald Coovert           

Donald Coovert

Street Address

5949 Beau Jardine Drive       

5949 Bean Jardine Drive

Municipality, State & Zip Code

Indianai~olis, IN 46237       

Indianapolis, IN 46237

Telephone Number

(317) 781-2950            

(317) 781—2950

Location ol Facility

Municipality

Township

Quarter Section

Township

Range

NE 33       

18N

12W

Jamaica

StreetAddress

County

Book Number

Vermilion

Property Identification Number

Parcel Number

Sec.

~

‘~

~

Nature ol Operations Conducted at the Above Location

Preparation Plant where coal from Riola Mine Complex 

Riola Portal is

crushed and washed to remove impurities. After cleaning, the coal is

stored in stockpiles prior to loading..

Water Pollution Control Construction Permit No.

N/A

Date Issued

NIA

NPDES PERMIT No.

IL 0071021

Date Issued

Expiration Date

11/28/01      

08/31/06

Air Pollution Control Construction Permit No.

95100144 Site ID 

183802AAA

Date Issued

Prior ownership

Air Pollution Control Operating Permit No.

951.0.0.144

Site 

ID1,83802AAA

Date Issued

10/11/02

Sec. C

0:0)

~Q)

~

Describe Unit Process

Coal cleaning facility which removes pollutants such as sulfur, ash, 

shale, fireclay and fine coal.

Materials Used in Process

Coal, water, magnetite and floccnlant

Sec. D

~o

Describe Pollution Abatement Control Facility

See attached description and drawing.

OCT

2 ~

~.lJLJ.j

DAPC..SP~LD

532-0222

Tax

Cert~flcatlonfor Pollution

Control

Facilities

APC 151

(Rev. 8/00)                     

Pagel of2

8/00

EEC—i E—2003 Øq:57

Sec. E

-Q

-J

U-

-J

I-.

U-c

C-)

217782580?

__~1 ~

~5J.

(

P.10

Cost of reclamation exceeds salvage value.

Tax Certfflcoiion far Pollution Control Facilities

Page2of2

8/00

(1) Nature of Contaminants or Pollutants

Material Retained, Captured or Recovered

Contaminant or Pollutant

DESCRIPTION

DISPOSAL OR US~

Fine Refuse           

~ontain sulfur,

Trucked Co 

permitted

fireclay and coal

disposal site.

fines.          

Coarse Refuse          

Shale, sandstone

Trucked to permitted

and f.ix~elav.  disposal site.

(2)

Poiri,t( ) of Waste Water Discharge

—

Plane and Specifications Attached Yes

.~L

Are contaminants (or residues) collected by the control facility?

Yes x

(4)

Date installation completed ..._~L9_L__.,___statusof installation on date of application

(5)~ a. FAIR CASH VALUE IF CONSIDERED REAL PROPERTY:

363,222

b. NET SALVAGE VALUE IF CONSIDERED REAL PROPER1Y:*

0 -

c. PRODUCTIVE GROSS ANNUAL INCOME OF CONTROL FACILITY:

d. PRODUCTIVE NET ANNUAL INCOME OF CONTROL FACILITY:

e. PERCENTAGE CONTROL FACILITY BEARS TO WHOLE FACILITY VALUE:

100

Sec.F

The following information is su

itted in accordance with the Illinois Property Tax Code, as amended, and to the best Of my

knowledge, is true and corr t.

e facilities claimed herein are “pollution c

ro facilities” as defined in Section 11-10 of the

llIino~Prope~Th. ode

d~ £L

Si~ature

Title

Sec. G

INSTRUCTIONS FOR COMPILING AND FILING APPLICATION

General: Separate applications must be completed for each control facility claimed. Do not mixtypes (wCter and air). Where both air and

water operations are related, file two applications. If sttachment.s are needed, record them consecutively on art index sheet.

Sec. A~

Sec. B

Information relers to applicant as listed in the tax records and the person to be contacted for further details or br inspection of

facilities, Define facility Ioc~tionby street address or legal description. A plat map location is required for facilities located

j outside of municipal boundaries, The property identification nurnberis required,

Self-explanatory. Submit copies of all permits issued by local pollution control agencies. (e.g. MSD Construction Permit)

Sec. C

Sec. 0

Refers to manufacturing processes or materials ott which pollution control facility is used.

Narrative description of the pollution control facility, indicating that Its primary purpose is to eliminate, prevent or reduce pollution.

State the type of control facility. State permit number, date, and agency issuing permit. A narrative description and a process

flow diagram describing the pollution control facility. Include a listing of each major piece of equipment included in the claimed

fair cash value for real property. Include an average analysis of the influent and effluent of the control facility stating the

collection efficJ~~y.

Sec. F

List air contaminants, or water pollution substances released as effluents to the martufocturirig processes. Ust cisc the final

Sec. F

disposal of any contaminants removed from the manufacturing processes.

Item (1)— Refers to pollutants and contaminants removed from the process by the pollution control facility.

Item (2)— Refers to water pollution but cart apply to water-carried wastes from air pollution control facilities. Submit drawings,

which clearly show (a) Point(s) of discharge to receiving stream, and (b) Sewers and process piping to and from the control

facility.

Item (3) — If the collected contaminants are disposed of other than as wastes, state the dispo~i~onof the materials, and the value

in dollars reclaimed by sale or reuse of the collected substances. State the cost of reclamation and related expense.

Item (4) — State the date which the pollution control facility was first placed in service and operated, If not, explain.

Item (5) — This information is essential to the certification and assessment actions. This accounting data must be completed to

activate project review prior to certitic~tionby this Agency,

SeIf-explanatcry. Signature must be a corporate authorized signature.

Submit to:

Attention:

Illinois EPA

Thomas McSwiggin

Donald E. Sutton

P.O. Box 19276

Permit Section

Springfield, IL 62794-9276

Division of Water Pollution Control

DivisIon of Air Pollution Control

DEC—J-E—2OO~ 09:58

2177829807

F. 1•1

Riola Mine Complex

Riola

Portal Preparation Plant

Black Beauty Coal Company’s

Riola

Mine Complex-Riola Portal

Preparation

Plant

started processing coal in the spring of 1997. The preparation facilities include raw

storage facilities, a 300-ton per hour preparation plant, processed coal storage facilities,

coarse and fine refuse storage areas, and truck loadout f’acilites.

The feed forthe preparation plant is produced from the Riola Mine Complex-Riola Portal

under2round mine and stored in a 30,000-ton raw stockpile area. Coal is conveyed from

the raw coal stockpile to a ô’x16’ scalping screen for size separation. The raw coal

separated at 2

‘/~

inches. The

oversize

material is sent to a rotary breaker to reduce the

largest size to 2

inches. The crushed material is then remixed with the undersize

material from the scalping screen and conveyed to the preparation plant or stockpiled as

raw salable coal.

Raw coal that has low ash characteristics is stockpiled separately for blending with

processed clean coal. A coal ash analyzer is used to differentiate the high and low ash

material at approximately 18 ash.

The preparation plant raw coal feed is screened with (2) 6’x20’ double deck screens to

separate the material at 1mm. The oversize (coarse) material is pumped to a

33”

heavy

media cyclone for ~‘avity separation with the use of magnetite. The clean coal product

from the heavy media cyclone is dewatered with an 8’x16’doublle deck vibrating screens

and a VC~50centrifugal dryer. The refuse (non-coal material) from the heavy media

cyclone is dewatered. with a 6’x16’ single deck screen. After dewatering, the material is

conveyed to the coarse refuse bunker.

The undersize (fine) material from the plant feed is pumped to (3)

15”

classifying

cyclones where the material is separated at lOOm. The oversize material is sent to (6)

triple start spirals for fine coal separation. The clean coal from the spirals is dewatered

with a 6’x12’ high frequency screen and an EB36 dryer. The refuse from the triple start

spirals is sent to a 2’x7’ dewatering screen and conveyed to the coarse refu.se bunker.

The undersize material from the classifying cyclones is sent to a thickener where

flocculants are added to separate the solids from the water. The solids are processed

through a belt press to remove excess water and conveyed to the refuse bunker. The

clarified water is reused in the preparation process.

The processed coal is conveyed to a 10,000-ton clean coal storage area prior to loading

into trucks. Front endloaders are used to load highway trucks for delivery to the

Customer.

The reject material from the coarse and fine refuse bunker is hauled by large off road

trucks to a nearby disposal site.

DEc—16-2002

09:59

2177829807

P.12

Venture Management

Iiuernationa4

Lt~’~L

.$94~

~a?JJ~ydb1

~2*

lnp.lwvv).~1N4~237

Pho~,e::

(317) TSI-2950

Pax~

(31~9

73F.2y1.5

s~all: DEC~vcrrC~icoin

-LI-- Figt~,indudiegcoVer

Fax

Cover Sheet

CQNPIF)ENT1AL A~1)

PRflP~TFTARY

FOkMA

liON

This do~.zmenIc~ne~i~

information, whiah frpriuitege~prapi~tcayo,id

co,ifidentiai.

It is for the e~dusi~øerise of/he

ofth-essee

orzb’.

P1~as~note that distrlbtafon.

dissemination,

copying

us~çf this tf~,ngnt,or

the

eoncepzs

oonzalized

within

1., srrktly prohibited. If you have receivad this dooume.rn In arror, pte~etelephone inarnediar4y to

~n~efo,~

prompt

17Z.

R~F(1TPrFNT

INFORMATION

NOV

/CIH

uI~a(o~

SENTD~RJNFORMATFON

•

~1D~r’~

~o~v~-t

A

hard

copy 

ofthis document

will bc sont by 

regular mail.

will be

sent via overnight mail.

)

will not be sent under separate cover.

COMMENTS:

0~~d

TR~ik

*-~ .~

±ttQ

~~-(

c-Pr,~.

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~_J~

STATUS:

Uraent

—

For Your Re~iinw

Reply

ASAP

_____

Please

Corn

rnent

—

FAX NUMBER:

DELIVER

TO:

COMPANY:

DATE:

RECIPIENT’S PHONE:

SENDER:

PHONE:

FAX:

VOICE 

MAILIPAOtNO:

CELL PHONE:

ALTERNATE PNONE:

DEC—16—200~ 09:58

2177929807

2177829807

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EE’:—16—2003 09:56

2177829807

P.I~1

ILLINOIS ENV~ON~NTALPROT ECTION AGENCY

DIVISION OF LEGAL COUNSEL

1021

NORTH GRAND AVENUE EAST, POST OFFICE

BOX l92j7E~~

SPRINGFIELD, ILLINOIS

627949276

?oIJuii~Ccn~roi

TELEPEWNE (2t7)782-SS44.FACSI~QLE(217)fl2-9507

—- ‘C

DATE: Th~r4~

F(~

•

FACS)MILE

TRANSMITTAL SKEET.

PLEASE DELPIER ThE FOLLOWING PAGE(SJ TO:

PARTY’S NAME:

FIRM/COMPAN’X’~SNA~:

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pe~ItJ~-..

c~4~e

FROM:

Re:

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TOTAL NUMBER OF PAGES (INCLUDING THIS PAGE):

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WiLL NOT________

FOLLOW.

IF YOU DO NOT RECEPIE ALL OF.TKE PAGES, PLEASE CALL 217-782-5544.

COMMENTS:

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&Eø~

iV~i1t

edc~e

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~‘rn o~

IMPORTANT

TF~S

IYESSAGE IS ThflENDED ONLY

FOR THE US~O~

THE

Th~DMDUAL

OR ~flTIYTO V~H IT

ADDRESSED; AND MAY CO?I~AJ~INFORMATiON THAT

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CONFiDENTIAL, AND EXEMPT

PROM DISCLOSURE UNDER APPLICAPLE LAW. IF THE READER

OF

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1L532

2524

ADM214 Feb-99

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