BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
NITROGEN OXIDES EMISSIONS FROM
VARIOUS SOURCE CATEGORIES:
AMENDMENTS TO 35 ILL. ADM. CODE
PARTS
211 AND 217
)
)
)
)
)
)
R08-19
(Rulemaking - Air)
NOTICE
TO:
John Therriault
Assistant Clerk
Illinois
Pollution Control.Board
James
R. Thompson Center
100 West Randolph St., Suite 11-500
Chicago,IL 60601
SEE ATTACHED SERVICE LIST
PLEASE
TAKE
NOTICE that I have today filed with the Office of the Clerk ofthe
Illinois Pollution Control Board the MOTION FOR LEAVE TO FILE INSTANTER
RESPONSE TO FIRST NOTICE COMMENTS OF UNITED STATES STEEL
CORPORATION
AND ARCELORMITTAL USA. INC .. and RESPONSE
TO
FIRST NOTICE
COMMENTS OF UNITED STATES STEEL CORPORATION AND ARCELORMITTAL
USA. INC., a copy of which is herewith served upon you.
DATED: July 15,
2009
1021 North Grand Avenue East
P. O. Box 19276
Springfield, 1L 62794-9276
217/782-5544
ILLINOIS ENVIRONMENTAL
PR~ION
AGENCY
By:
.~
Gina Roccaforte
Assistant Counsel
Division of Legal Counsel
THIS FILING IS SUBMITTED
ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
NITROGEN OXIDES EMISSIONS FROM
VARIOUS SOURCE CATEGORIES:
AMENDMENTS TO
35 ILL. ADM. CODE
PARTS
211 AND 217
)
)
)
)
)
)
R08-19
(Rulemaking - Air)
MOTION FOR LEAVE TO FILE INSTANTER RESPONSE TO FIRST NOTICE
COMMENTS OF UNITED STATES STEEL CORPORATION AND
ARCELORMITAL USA, INC.
NOW COMES
the Proponent, the illinois Environmental Protection Agency
("illinois EPA"), by its attorneys, and pursuant to 35
Ill.
Adm. Code 101.500 and
102.402, hereby requests that the illinois Pollution Control Board ("Board") grant the
illinois
EPA leave to file instanter the Response to First Notice Comments of United
States Steel
Corporation ("US Steel") and ArcelorMittal USA, Inc. ("ArcelorMittal") In
support ofthis motion, the illinois
EPA states as follows:
I.
On May 22, 2009, the above rulemaking proposal was published in the
Illinois Register,
beginning the 45-day first notice comment period.
See,
33
Ill.
Reg.
6896 and 6921.
2.
On July 6,2009, the Illinois EPA filed its First-Notice Comments with the
Board.
See, First-Notice Comments of the Illinois Environmental Protection Agency,
Filed July
6,
2009.
Also, on July 6, 2009, US Steel filed its First Notice Comments with
the Board; however, the Illinois
EPA was not served with these comments until after the
close
of business on that day.
See, First Notice Comments of United States Steel
Corporation, Filed July
6,
2009.
Counsel for the Illinois EPA has discussed US Steel's
comments with counsel for US Steel, and there is no objection to the filing of this motion.
3.
On July 7, 2009, ArcelorMittal filed a Motion for Leave to File a
Response to the First Notice Public Comment
by the Illinois EPA and Respons()' to the
First Notice Comment
by the Illinois EPA.
See, Motion/or Leave to File a Response to
the First Notice Public Comment by the Illinois EPA Submitted by ArcelorMittal USA,
Inc., and Response to the First Notice Public Comment by the Illinois EPA Submitted by
ArcelorMittal
USA, Inc., Filed July
7,
2009.
4.
Although the Illinois EPA regrets the timing of this latest request and
recognizes the fact that the Board is proceeding expeditiously as requested
by the Illinois
EPA, the Illinois EPA deems it necessary to respond to US Steel's First Notice
Comments and ArecelorMittal's Response to the Illinois
EPA's First-Notice Comments.
WHEREFORE, for the reasons stated above, the Illinois
EPA hereby respectfully
requests that the Board grant the Illinois
EPA leave to file instanter the Response to First
Notice Comments
of US Steel and ArcelorMittal.
DATED: July IS,
2009
1021 North Grand Avenue East
P. O. Box 19276
Springfield, IL 62794-9276
2171782-5544
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTE~1:0N
AGENCY _
BY:~~
Gina Roccaforte
Assistant Counsel
Division
of Legal Counsel
THIS FILING IS SUBMITTED
ON
RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, July 15, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
NITROGEN OXIDES EMISSIONS FROM
VARIOUS SOURCE CATEGORIES:
AMENDMENTS TO 35 ILL. ADM. CODE
PARTS
211 AND 217
)
)
)
)
)
)
R08-19
(Rulemaking - Air)
RESPONSE TO FIRST NOTICE COMMENTS OF UNITED STATES STEEL
CORPORATION AND ARCELORMITAL USA, INC.
NOW COMES the Illinois Environmental Protection Agency ("Illinois EPA"), by its
attorneys, and respectfully submits its response to the first-notice comments
of United States
Steel
Corporation ("US Steel"), filed on July 6, 2009, and the response of ArcelorMittal USA,
Inc. ("ArcelorMittal"), filed on July 7, 2009, related to the amendatory provisions published on
May 22,
2009, in the above rulemaking proceeding.
See,
33
Ill.
Reg. 6896 and 6921.
US Steel
In
its first-notice comments, US Steel reiterates the issue of the need for revision to the
proposed emissions averaging provisions to cover time periods when the coke oven gas
desulfurization unit is shutdown due to unplanned outages
or upsets, as well as startups and
shutdowns.
See, First Notice Comments of United States Steei Corporation,flied Juiy 6,2009, at
3-4. As US Steel indicates, it raised this issue in its Post-Hearing Comments previously filed
with the Illinois Pollution Control Board
("Board").
See Post-Hearing Comments of United
Slales Steel Corporation,flied March 23,2009.
The Illinois EPA supports proposed Section 217 .158(i), as it is written, which addresses
planned maintenance cycles. These provisions were drafted as a result
of discussions with US
Steel
to address maintenance shut downs. Operation during periods of malfunction, breakdown,
and startup are addressed under current Board regulations set forth under 35 Ill. Adm. Code
Part
201, Subpart
I.
See,
35
Ill.
Adm. Code 201.261--201.265. Operation during such periods is
routinely handled through the permitting process via these regulatory provisions. Accordingly,
the Illinois EPA does not support amending the proposal to address unplanned outages
or upsets,
as well as startups and shutdowns, because operation during such periods is already provided for
under current Board regulations.
As to
US Steel's comment regarding the emissions limitation for a recuperative reheat
furnace combusting a combination
of natural gas and coke oven gas that is based upon
desulfurized coke oven gas having an estimated concentration
of hydrogen cyanide of 130 parts
per million or less and the potential need to amend it once construction
of the coke oven gas
desulfurization unit is complete, the Illinois EPA agrees with
US Steel and acknowledges, as it
did in its Post-Hearing Comments, that once the coke oven gas desulfurization unit is in
operation, there is a possibility that the emissions limitation may require adjustment, which
would be the subject
of a future rulemaking.
Furthermore,
US Steel requests revisions to the proposed testing and monitoring
provisions under Section 217.157 in order to be consistent with its construction permit for its
cogeneration boiler with a heat input capacity
of 505 million British thermal units per hour
("mmBtu/hr"). The construction permit requires US Steel to install and operate a nitrogen
oxides
(''NO;') and carbon monoxide ("CO") continuous emissions monitoring system
("CEMS") on the affected unit within one year after the initial emission testing required by the
permit unless this testing or further testing demonstrates that the unit normally complies
by a
margin
of at least 5 percent with the NO, and CO emission limit in the permit or the Illinois EPA
approves further time for
US Steel to achieve this level of performance. However, Section
217.157(a)(I) requires the installation and operation
of a CEMS on industrial boilers with a rated
heat input capacity greater than
250 mmBtulhr.
2
The Illinois EPA has engaged in further discussions with US Steel on this issue, and as a
result, recommends amending Section 217.157(a)(I) to read as follows:
D
The owner or operator of an industrial boiler subject to Subpart E of this
Part with a rated heat input capacity greater than
250 mmBtu/hr must
install, calibrate, maintain, and operate a continuous emissions monitoring
system on the emission unit for the measurement
of NO, emissions
discharged into the atmosphere in accordance with
40 CFR Part 75, as
incorporated by reference in Section 217.104. However, the owner or
operator
of an industrial boiler subject to Subpart E of this Part with a
rated heat input capacity greater than
250 mmBtulhr that combusts blast
furnace gas with up to
10% natural gas on an annual basis and located at a
source that manufactures iron and steel is not required to install, calibrate,
maintain, and operate a continuous emissions monitoring system on such
industrial boiler, provided the heat input from natural gas does not exceed
10% on an annual basis and the owner or operator complies with the
performance test requirements under this Section and demonstrates, during
each performance test, that
NO~
emissions from such industrial boiler are
less than
70% of the applicable emissions limitation under Section
217.164.
In
the event such owner or operator is unable to meet the
requirements
of this paragraph, a continuous emissions monitoring system
is required within
12 months of such event, or by December 31. 2012,
whichever is later.
Finally, the Illinois EPA is in agreement with
US Steel as to the need for correcting the
denominator in the formula under proposed Section 217.164(e). The Illinois EPA similarly
commented as such in its First-Notice Comments.
ArcelorMittal
In
its first-notice comments, ArcelorMittal restates its position that the proposed NO,
emissions limitation for reheat furnaces is economically unreasonable. The Illinois EPA
supports the emissions limitations for reheat furnaces
as written and is opposed to revising the
limitations at this time. The Illinois EPA believes the proposed limitation for reheat furnaces
(recuperative, combusting natural gas) is technically feasible and economically reasonable, and
3
that the information contained in the docket for this rulemaking adequately supports the
proposed limitation.
In addition, ArcelorMittal has again requested that the final rule provide an option for a
case-by-case exemption
of the NO
x
emissions limitation upon a demonstration that such controls
would be economically unreasonable. As stated in the First-Notice Comments
of the Illinois
EPA to the Board filed on July 6, 2009, the Illinois EPA opposes the inclusion of such an option
in this rulemaking. The Board's regulations already include regulatory relief mechanisms from
environmental regulations under such circumstances, and the Illinois
EPA acknowledges that
sources may initiate proceedings for such relief. The Illinois
EPA is willing to work with
affected sources, including ArcelorMittal, that may seek such relief from unreasonable impacts
due to unique
or source-specific circumstances.
DATED: July
15,2009
1021
North Grand Avenue East
P. O. Box 19276
Springfield,IL 62794-9276
217/782-5544
4
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
BY:~'~
Gina Roccaforte
Assistant Counsel
Division
of Legal Counsel
THIS FILING IS SUBMITTED
ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, July 15, 2009
STATE OF ILLINOIS
COUNTY OF SANGAMON
)
)
)
)
SS
CERTIFICATE OF SERVICE
I, the undersigned, an attorney, state that I have served electronically the attached
MOTION FOR LEAVE TO FILE INSTANTER RESPONSE TO FIRST NOTICE
COMMENTS OF
UNITED STATES STEEL CORPORATION AND
ARCELORMITT AL
USA. INC., and RESPONSE TO FIRST NOTICE COMMENTS
OF
UNITED STATES STEEL CORPORATION AND ARCELORMITTAL USA, INC.,
upon the following person:
John Therriault
Assistant Clerk
Illinois
Pollution Control Board
James
R. Thompson Center
100 West Randolph St., Suite 11-500
Chicago,IL 60601
and electronically to the following persons:
SEE ATTACHED SERVICE LIST
Dated: July 15, 2009
1021
North Grand Avenue East
Springfield, Illinois 62794-9276
(217) 782-5544
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Gina
ciL~
Roccaforte
Assistant Counsel
Division
of Legal Counsel
SERVICE LIST 08-19
Timothy J. Fox
Hearing
Officer
Illinois Pollution Control Board
100 W. Randolph St., Suite 11-500
Chicago, IL
6060 I
foxt@ipcb.state.il.us
Virginia Yang
Deputy Legal Counsel
Illinois Department
of Natural Resources
One Natural Resources Way
Springfield, lL 62702-1271
virginia.yang@illinois.gov
Katherine D. Hodge
Monica
T. Rios
Hodge Dwyer
&
Driver
3150 Roland Ave.
P.O. Box 5776
Springfield, IL 62705-5776
khodge@hddattorneys.com
mrios@hddattorneys.com
Christina
L.
Archer
Associate General Counsel
ArcelorMittal
USA, Inc.
I
South Dearborn Street, 19
th
Floor
Chicago,
IL
60603
christina.archer@arcelormittal.com
Gerald
T. Karr
Senior Assistant Attorney General
Environmental Bureau
Office of the Attorney General
69
W. Washington St., Suite 1800
Chicago, IL 60602
gkarr@atg.state.il.us
Kathleen C. Bassi
Stephen J. Bonebrake
Schiff Hardin LLP
6600 Sears
Tower
233
S. Wacker Drive
Chicago, IL 60606-6473
kbassi@schiflhardin.com
sbonebrake@schiflhardin.com
Alec M. Davis
General Counsel
Illinois Environmental Regulatory Group
215
E. Adams St.
Springfield, IL 62701
adavis@ierg.org
Electronic Filing - Received, Clerk's Office, July 15, 2009