BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
PROPOSED NEW
35
ILL. ADM. CODE 217,
SUBPART V, ELECTRICAL POWER
GENERATION
)
)
)
)
)
)
Cl_FP~K’S
OFFICE
~
10
~OO1
STATE
OF
iLLINOIS
Pollution
Control Boar
RO 1-16
NOTICE
OF FILING
To:
See
Attached Service List
PLEASE TAKE NOTICE that on behalfofthe AMEREN CORPORATION,
I
have filed with the Clerk ofthe Illinois Pollution Control Board AMEREN CORPORATION’S
MOTION TO
FILE POST HEARING COMMENTS
INSTANTER and AMEREN
CORPORATION’S POST HEARING COMMENTS, copies ofwhich are hereby served on
you.
AMEREN
CORPORATION
Dated:
January
10, 2001
ROSS & HARDIES
David L. Rieser, Esq.
Brian Marquez, Esq.
150
North Michigan Ave.
Chicago, Illinois 60601
(312) 558-1000
THIS FILING SUBMITTED ONRECYCLED PAPER
31646\00004\CH1 37865.WPD I
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
PROPOSED NEW 35
ILL. ADM. CODE 217,
)
SUBPART V,
ELECTRICAL POWER
)
GENERATION
)
CI
!RK’s
OFPJr~
~ThN
102001
STATE
~F
ILLINOtI,
PoiIuti0~
COntro/
Bo~
RO1-16
(RULEMAKING-AIR)
AMEREN CORPORATION’S MOTION TO FILE
POST HEARING COMMENTS INSTANTER
Ameren Corporation, by and through its attorneys, Ross & Hardies, requests
permission to files its post hearing comments regarding the above rulemaking, instanter. Ameren
was unable to file these comments on the due date of January 5,2001 because ofconflicting
schedules. No one will be prejudiced by this late filing and it will not delay the Board’s
consideration ofthese proposed rules.
Wherefore, for the reasons stated herein; Ameren respectfully requests permission
to file these post hearing comments instanter.
AMEREN CORPORATION
ROSS
& HARDIES
James T. Harrington
David L. Rieser
I. Brian Marquez
150
N.
Michigan
Chicago, Il 60601
312/558-1000
One ofits Attorneys
31 646\00004\CH1 64898.WPD
1
RECE~VED
CLERW~
O~FJCE
J~N
1
0
2001
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE OF
ILLI;
Ols
IN THE MATTER OF:
)
Pollution
~ontro/
Board
)
PROPOSED NEW 35 ILL. ADM. CODE 217,
)
ROl-16
SUBPART V,
ELECTRICAL POWER
)
(RULEMAKING-AIR)
GENERATION
)
AMEREN
CORPORATION’S POST HEARING COMMENTS
Ameren Corporation, by and through its attorneys, Ross & Hardies, files these
post hearing comments regarding the above rulemaking.
Ameren appreciated the opportunity to
testify and present its views to the Board.
As Ameren stated in its testimony, Ameren supports
the adoption ofthis rate based rule to meet the Metro East Non-Attainment Demonstration and,
in fact, recommends this approach for meeting all
ofIllinois’ NOx obligations.
Ameren testified
to make three points which itwill briefly reiterate here.
First, Ameren supports the Agency’s proposed modification to Section 2 17.710 to
allow low capacity combustion turbines to use alternate monitoring approaches.
As Ameren and
Midwest Generation testified, installing Part 75 monitoring on these units would be a substantial
expense for very little environmental benefit.
The agreed language which the Agency proposes
will provide completely satisfactory information to document compliance with this rule for these
low capacity units.
Although these units will have to install Part 75 monitoring when (and if)
Part 217, Subpart W becomes effective, the timing and uncertainty of that event suggests this
agreed approach as a reasonable compromise.
THIS FILING SUBMITTED ON RECYCLED PAPER
31646\00004\CH1 62008.WPD
1
Second, Ameren suggests that the Board acknowledge that it will consider
repealing Subpart V through the rulemaking process when (and
if)
Subpart W becomes effective.
Although the Agency suggested that both regulations could remain in force, Amerentestified that
the dual reporting requirements will be burdensome, confusing and unnecessary.
Subpart W will
impose substantially greater levels ofcontrols in almost all cases than Subpart V and it is
difficult to conceive ofany reason why the two regulations should both remain in force.
Since
there is uncertainty as to the effective date ofSubpart W, Ameren doesnot propose any
regulatory sunset language for Subpart V, but does suggest that the Board identify this issue
in its
opinion and consider the repeal ofSubpart V when it is superceded by Subpart W.
Finally, while there is obviously substantial consensus regarding the adoption of
Subpart V, the Board should not lose sight ofthe tremendous costs it will impose on the
regulated community.
Ameren detailed some ofthose costs here and the generators discussed
those costs during the Subpart W rulemaking, RO1-9.
These costs will plainly increase the cost
ofproviding power in Illinois.
As always,
Ameren appreciates the opportunity to testify and submit these
comments to the Board.
AMEREN CORPORATION
ROSS & HARDIES
James T. Harrington
David L. Rieser
I. Brian Marquez
150 N. Michigan
Chicago, Il 60601
312/558-1000
2
CERTIFICATE OF SERVICE
The undersigned hereby certifies that copies ofthe foregoing AMEREN
CORPORATION’S MOTION TO FILE POST HEARING COMMENTS INSTANTER
and AMEREN CORPORATION’S POST HEARING COMMENTS,
were served on behalf
ofAmeren Corporation upon:
See:
Attached Service List
on or before 5:00 p.m. on this lO~ day ofJanuary. 2001, by first class U.S. mail, postage
prepaid.
David L. Rieser
2
SERVICE LIST
Karen L. Bernoteit
Illinois Environmental Regulatory Group
215 East Adams Street
Springfield,
IL
62701
Katherine D. Hodge
Hodge & Dwyer
3150 Roland Avenue
P.O. Box 5776
Springfield, IL
62705-5776
William Murray
Office ofPublic Utilities
800 East Monroe
Springfield,
IL
62757
Robert C. Sharpe
IEPA
1021 North Grand Avenue East
Springfield,
IL
62794
Vera Herst
IEPA
1021 North Grand Avenue East
Springfield, IL
62794
Shannon Loveless-Bilbruck
IEPA
1021 North Grand Avenue East
Springfield,
IL
62794
Mary Schoen
Enron Corp
P.O. Box 1188
Houston, TX
77251
Scott Miller
Kent Wanninger
Midwest Generation EME LLC
One Financial Place
440
5.
LaSalle Street
Suite 3500
Chicago, IL
60605
Cynthia Faur
Sonnenschein Nath & Rosenthal
8000 Sears Tower
Chicago, IL
60606
Bryan Keyt
Bell, Boyd
& Lloyd
70 W. Madison Street
Suite 3300
Chicago, IL
60602
Nancy J. Rich
Katten Muchin & Zavis
525
W. Monroe Street
Suite
1600
Chicago, IL
60661-3693
Leonard R. Dupuis
Dominion Generation
5000 Dominion Blvd.
Glen Allen, VA
23060
Alan Jirik
CornProducts
6500 Archer Road
Bedford Park, IL
60501
Brooke Peterson
Illinois Environmental Regulatory
Group
215 East Adams Street
Springfield,
IL
62701
Steven C. Whitworth
Ameren Services
-
1901
Chouteau Avenue
P.O. Box 66149 MC602
St. Louis, MO
633166-6149
Dorothy Gunn,
IL
POLLUTION CONTROL
BOARD
James R. Thompson Center
100
W. Randolph Street
Suite 11-500
Chicago,IL
60601
