BEFORE THE ILLINOIS POLlUTIoN CONTROLBOARD
iN THE MATTER OF:
)
)
PROPOSED AMENDMENTS TO
35
iLL. ADM. CODE 217,
SUBPART V, ELECTRIC POWER GENERATION
RE
CE!
V ED
CLERK’S
OFFICE
JAN
052001
STATE
OF ILLINOIS
Pollution control
Board
)
RO1-16
)
(Rulemaking Air)
~?d
~
NOTICE
TO:
Dorothy Gunn, Clerk
illinois Pollution Control Board
State of illinois Center
100 WestRandolph, Suite
11-500
Chicago, Illinois 60601
Bobb Beauchamp, Hearing Officer
illinois Pollution Control Board
State ofIllinois Center
100 West Randolph, Suite
11-500
Chicago, illinois 60601
SEE ATTACHED SERVICE LIST
PLEASE TAKE NOTICE that I have today filedwith the OfficeofthePollution
Control Board the COMMENTS OF THE ILLINOIS ENVIRONMENTAL PROTECTION
AGI~N~Yi, a copy ofwhich is herewith served upon you.
Date:
January 4,2001
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
By:
Vera Herst
1021 North Grand Avenue East
P.O. Box
19276
Spring field, IL 62794-9276
21
7/782-55~
Assistant Counsel
Division of Legal Counsel
THIS FILING IS SUBMITTED ON
RECYCLED PAPER
RECEIVED
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JAN
05
2001
STATE OF ILLINOIS
Pollution control
Board
IN ThE MATTER OF:
)ROl-16
PROPOSED AMENDMENTS TO
35
ILL. ADM. CODE 217,
)
(Rulemaking
-
Air)
SUBPART V, ELECTRICAL POWER GENERATION
)
COMMENTS
OF THE ILLINOIS
ENVIRONMENTAL PROTECTION
AGENCY
NOW COMES Proponent, the ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY (Illinois EPA), by its attorney, Vera Herst, pursuant
1035
Ill. Adm. Code
102.103,
102.260 and 101 .241, and files with theIllinoisiPoljutioxi Control Board (Board)
the following comments concerning the proposed amendments to Subpart V.
Recordkeeping Requirements
At the second hearing on the proposed amendments to Subpart V, which was held
on December 19, 2000, the Illinois EPA addressed howrecords would be kept for
facilities that are relying upon averaging.
Christopher Romaine explained that although
there are significant penalties under the Acid Rain Program for keeping inadequate
records, the Illinois EPA believes it is appropriate for Subpart V to state explicitly that
owners oroperators that engage in averaging to show compliance must keepthe
appropriate records.
Mr. Romaine said that the language under consideration would
provide that an owner or operator of any EGU that elects to average with otherEGUs to
demonstrate compliance cannot average with any other EGU for which the owner or
operator ofsuch EGU does not maintain the required records, data, and reports, or submit
copies ofsuch records, data, or reports to the Agency upon request.
This type ofprovision should
be sufficient to ensure that records are adequately
maintained and available for purposes ofaveraging under Subpart V.
As explained
by
Mr. Romaine, the Illinois EPA had considered other approaches, such as requiring
owners or operators to have detailed records for every other EGU involved in the
averaging demonstration, but found that these approaches would generate excessive
paperwork.
The Illinois EPA reaffirmsthat new subsection (g) be addedto Section 217.708 as
follows, and as indicated in the testimony of Mr. Romaine at the December 19,2000
hearing:
(g)
The owner or operator ofany EGU that elects to participate in an averaging
demonstration to demonstrate compliance withthis Subpart cannot average with
any other EGU for which the owner or operator ofsuch EGU doesnot maintain
the required records, data, and reports, or does not submit copies ofsuch records,
data, or reports to the Agency upon request.
Technical Corrections
The Illinois
EPA also suggests the following technical corrections to its proposal:
Section 217.708(a) should read:
a)
Notwithstanding Section 2 17.706(a) ofthis Subpart, the owners or
operators ofEGUs listed in Appendix F ofthis Part and the owneror
operator ofSoyland Power may elect to demonstrate compliance with this
Subpart by averaging for the control period the NOx emission rates ofany
EGU listed in Appendix F orwith any unit EGU at Soyland Power that
commenced commercial operation on orbefore January
1,2000.
This change is suggested for reasons ofconsistency within the proposal.
2
In addition, when newsubsection (b) to Section 2 17.712 was proposed in the
Motion to Amend, the existing subsections
(b) through (f) in that section were not re-
lettered.
The Illinois EPA suggests that subsection (b) through (f) be re-lettered as (c)
through (g).
Continued Effectiveness ofSubpart V
The Illinois EPA reaffirms its position that Subpart V should remain in effect
after Subpart W becomes effective.
As stated in the Statement ofReasons andat the
November28, 2000 hearing, the Illinois EPA believes that thecontinued effectiveness of
Subpart V will provide a level of certainty with respect to the attainment demonstration
forthe Metro-East, independent offuture developments with regardto USEPA’sNOx
SIP Call.
The Illinois EPA believes that any future action terminating Subpart V should
be a deliberate action, pursuant to a furtherBoard rulemaking that can consider the
consequences and advisability of suchaction.
WHEREFORE, the Illinois EPA submits these comments on proposed
amendments to Subpart V.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
/
iLrt
By:
~
Vera Herst
Assistant Counsel
Bureau ofAir
DATED:
January
4,2001
3
1021
N. Grand Ave., East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
THISFILING IS SUBMITTED
ON RECYCLED PAPER
4
STATE
OF ILLINOIS
COUNTY OF COOK
)
)SS.
)
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached Comments ofthe illinois
Environmental Protection Agency upon theperson to whom itis directed, by placing in an
envelope addressed to:
TO:
Dorothy Gu2nn, Clerk
Illinois Pollution Control Board
State ofIllinois Center
100W. RandolphStreet, Suite 11-500
Chicago, illinois 60601
Bobb Beauchamp, Hearing Officer
Illinois Pollution ControlBoard
State ofillinois Center
100 W. Randolph Street 11-500
Chicago, illinois 60601
SEE ATTACHED SERVICE LIST
and mailing itby overnight Courier from Springfield, illinois on January 4,2001, with sufficient
postage affixed.
‘7
SUBSCRIBED AND SWORN TO BEFORE ME
this 4~ day ofJanuary, 2001
Notary Public
SERVICE LIST
RO1-16
Karen Bemoteit
IL Environmental Regulatory Group
215 East Adams Street
Springfield, IL 62701
Amy Clyde
DynegyMidwest Generation, Inc.
2828 NorthMonroe Street
Decatur, IL 62526
Lenny Dupis
Dominion Generation
5000 Dominion Blvd
Glen Allen, VA 23060
Cynthia Faur
Sonnenschein, Nath & Rosenthal
8000 Sears Tower
633
5. Wacker Drive
Chicago, IL 60601
James T. Harrington
Ross & Hardies
150 NorthMichigan Avenue, Suite 2500
Chicago, IL 60601
Kevin B. Haynes
SchiffHardin & Waite
6600 Sears Tower
Chicago, IL 60606
Katherine Hodge
lodge & Dwyer
3150 Roland Avenue
P0 Box 5776
Springfield, IL 62705-5776
Alan Jirik
Corn Products
6500 Archer Road
Bedford Park, IL 60501
Bryan Keyt
Bell, Boyd & Lloyd
70 W. Madison St., #3300
Chicago, IL 60602
Brian Marquez
Ross &Hardies
150 North Michigan Avenue, Suite 2500
Chicago, IL 60601
Scott Miller
Midwest Generation EME, LLC
1 Financial Place
440 S. LaSalle St., #3500
Chicago, IL 60605
William Murray
Office ofPublic Utilities
800 East Monroe
Springfield, IL 62757
Brooke Peterson
IL Environmental Regulatory Group
215 East Adams Street
Springfield, IL
62701
Nancy J. Rich
Katten Muchin & Zavis
525 W. Monroe Street, Suite 1600
Chicago, IL 60661-3693
David L. Rieser
Ross & Hardies
150 North Michigan Avenue, Suite 2500
Chicago, IL 60601
Gabriel M. Rodriguez
SchiffHardin & Waite
6600 Sears Tower
Chicago, IL 60606
Mary Schoen
Enron Corp.
1400 Smith Street
P.O. Box
1188
Houston, TX 77251-1188
Kent Wanninger
Midwest Generation EME, LLC
I Financial Place
440 5. LaSalle St., #3500
Chicago, IL 60605
Steven Whitworth
Ameren Services
1901 Chouteau
P.O. Box 66149, MC 602
St. Louis, MO 63166-6149
