BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
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O?~1CE
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TN THE MATTER OF:
PROPOSED NEW 35 ILL. ADM. CODE 217,
SUBPART U NOx CONTROL AND TRADING
PROGRAM FOR SPECIFIED NOx GENERATING
UNITS, SUBPART X, VOLUNTARY NOx EMISSIONS
REDUCTION PROGRAM, AND AMENDMENTS TO
35 ILL. ADM. CODE 211
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STATE
Y
ILLiNOIS
Pollution
Co~ro!
Board
RO1-17
(Rulemaking-Air)
NOTICE OF FILING
To:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph, Suite
11-500
Chicago, IL
60601
Bobb A. Beauchamp, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph, Suite 11-500
Chicago, IL
60601
See Attached Service List
PLEASE TAKE NOTICE that on behalfofthe LTV STEEL COMPANY, I have
filed with the Clerk ofthe Illinois Pollution Control Board
POST HEARING COMMENTS
of
LTV Steel Company, copiesofwhich are hereby served on you.
LTV STEEL
COMPANY
By:
Dated:
January 9, 2001
ROSS & HARDIES
David L. Rieser, Esq.
Brian Marquez, Esq.
150 North Michigan Ave.
Chicago, Illinois 60601
(312) 558-1000
THIS FILING SUBMITTED ON RECYCLED PAPER
1 5345~OOO28\CHi64482.WPD
1
One oftheir Attorneys
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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
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IN THE MATTER OF:
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S~TE
OF iLLii~OiS
PROPOSEDNEW 35 ILL. ADM. CODE 217,
)
Pollution
Control
B~rd
SUBPART U NOx CONTROL AND TRADING
)
RO1-17
PROGRAM FOR SPECIFIED NOx GENERATING
)
(Rulemaking-Air)
UNITS, SUBPART X, VOLUNTARY NOx EMISSIONS
)
REDUCTION PROGRAM, AND AMENDMENTS TO
)
35
ILL. ADM. CODE 211
POST HEARING COMMENTS OF LTV STEEL COMPANY
LTV Steel Company (“LTV Steel”),
by and through its attorneys Ross & Hardies,
files these post-hearing comments in the above rulemaking. LTV Steel appreciates the
opportunity to testify in this proceeding and submits these comments to follow up on that
testimony.
As Mr. Rich Zavoda testified (Exhibit 6), LTV
Steel’s Boiler Number 4B at its
Chicago Coke Plant was inadvertently not included in the proposed Appendix E attached to Part
217, Subpart U. Boiler 4B has been a permitted source since
1975 and received its Title V permit
on June
15,
2000. LTV Steel’s air permit contains a New Source Performance Standard NOx
emission limit of .20 lbs/mmbtu. It is essential that LTV
Steel’s Boiler 4B be included because
Appendix E identifies the primary sources to which this rulemaking applies and permanently
allocates NOx emissions to those sources. Sources not included in Appendix E would have to
either opt in or receive allocations from the new source set aside. Boiler 4B plainly should have
been included in Appendix E and should be treated similarly to the other sources which are
already listed.
The failure
to include Boiler 4B could have serious consequences. At worst, LTV Steel would
not be able to use its boiler at full capacity which would threaten the operation of its Chicago
\15345\00028\CH16047
.DOC.I
Coke Plant. More likely, LTV Steel would have to purchase allocations on the open market
(assuming such are available) at an unknown cost. These additional costs would place LTV Steel
at a severe economic disadvantage at a time when steel companies are already
suffering through
a serious economic downturn. It should be noted that LTV filed for Chapter
11
bankruptcy
protection on December 29, 2000.
Immediately prior to and during the hearings, LTV Steel initiated discussions with
the IEPA regarding this issue.
As Ms. Kroak indicated in her testimony, these discussionshave
beenuseful. The IEPA agrees that LTV Steel should be included in Appendix E and has initiated
discussions with the USEPA that indicates that this mistake can be corrected. Despite the
issuance ofa Title V permit, which specifically limited the NOX emissions, USEPA’s inventory
did not accurately reflect the size and capacity ofthis boiler. At this point, it appears that the
IEPA may be
able to obtain allocations to allow Boiler 4B to continue operations.
At the hearing, LTV Steel
suggested, and the IEPA agreed, that this unit should
be added to Appendix E with an appropriate footnote to suggest that the proposed allocations
were subject to USEPA approval.
Based on that testimony at the hearing, LTV
Steel suggests
the following be included in Appendix E:
LTV STEEL COMPANY
031 600AMC
UNIT
DESIGNATION
Boiler No 4
1351
131’
Pursuant to
Section 217.660(1), the BudgetAllocationfor LTVSteel Company is subject to
approval and adjustment by the
USEPA.
LIV Steel strongly urges the Board to amend Appendix E to add this
language.
LTV Steel should have been included in Appendix E originally and obtained a Title V
permit for its facility, which specifically listed this boiler and limited its NOx emissions. LTV
Steel was not included through sheer inadvertence and not from any determination that it should
2
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not but be included in the budget allocations. This unit will be subject to these regulations and
should be considered an Appendix E unit similar to those
already included
in the Appendix. The
Agency agrees that this unit should be included. Further, since the allocations will be issued by
USEPA and will not be taken from those issued to other units, the inclusion ofLTV Steel will
not prejudice the interests ofany other company already included in Appendix E.
LTV Steel suggests the budget allocation of 135 tons based on its prefiled
testimony (Exhibit 6) and its direct testimony at the second hearing (T.
49-54).
Since that
hearing, LTV Steel and the Agency have continued to discuss the appropriate number that should
be included in Appendix E and have not yet arrived at an agreement. LTV Steel strongly
suggests that the Board include a number in the table rather than an asterisk as proposed by the
Agency, and urges the Board to adopt the number on which there was testimony at the hearing.
Even after the record closes,
LTV and the JEPA will continue to negotiate the appropriate budget
value to be used and will present that agreed numberto the USEPA.
For all these reasons, LTV Steel respectfully requests the Board to
adopt this
proposed language.
LTV STEEL COMPANY
ROSS
& HARDIES
James T. Harrington
David L. Rieser
Charles W. Wesselhoft
150 N. Michigan
Chicago, IL
60601
312/558-1000
3
CERTIFICATE OF SERVICE
The undersigned hereby certifies that copies ofthe foregoing
POST HEARING
COMMENTS OF LTV STEEL COMPANY
were served on behalf ofLTV Steel Company
upon:
See:
Attached
Service List
on or before 5:00 p.m. on this 9~ day ofJanuary, 2001, by first class U.S. mail, postage
prepaid.
David L. Rie~er
2
SERVICE LIST
Karen L. Bernoteit
Illinois Environmental Regulatory Group
215 East Adams Street
Springfield,
IL
62701
Matthew Dunn
Attorney General’s Office.
James R. Thompson Center
100 West Randolph,
12th
Floor
Chicago, IL
60601
Katherine D. Hodge
Hodge & Dwyer
3150 Roland Avenue
P.O. Box 5776
Springfield,
IL
62705-5776
Bryan Keyt
Bell,
Boyd
& Lloyd
70 W. Madison Street
Suite 3300
Chicago, IL
60602
Robert Lawley
Chief Legal Counsel
Illinois Department ofNatural Resources
425 South Second
Street
Springfield, IL
62701-1787
Brooke Peterson
Illinois Environmental Regulatory Group
215 East Adams Street
Springfield,
IL
62701
Alec Messina
Assistant Counsel
Division ofLegal Counsel
Bureau ofAir
1021
North Grand Avenue East
P.O. Box 19276
Springfield, IL
6279409276
Shannon Fulton
University of Illinois
101
5. Gregory
Urbana, IL
61801
Scott Miller
Kent Wanninger
Midwest Generation EME LLC
One Financial Place
440 5. LaSalle Street, Suite 3500
Chicago, IL
60605
Scott Hanson
Cinergy
139 E. Fourth Street
Room 2603 AT
Cincinnati,
OH
45202
Emily Flescher
Clean Air Act Corporation
2 Adams Street
Suite 2
Charlestown, MA
02129
Lee Cunningham
ADM
4666 Faires Parkway
Decatur, IL
62526
Joe Griffiths
ENSR
27755 Diehl Road
Warrenville, IL
60555
William Murray
Office ofPublic Utilities
800 East Monroe
Springfield,
IL
62757
Alan Jirik
Corn Products
6500 Archer Road
Bedford Park, IL
60501
Amy Clyde
Dynegy Midwest Generation,
Inc.
2828 N. Monore Street
Decatur, IL
62526
Mary Schoen
Enron Corp.
P.O. Box 1188
Houston, TX
77251
Gabriel M. Rodriguez
Kevin B.
Hynes
Schiff Hardin & Waite
6600 Sears Tower
Chicago, IL
60606
Leonard R.
Dupuis
Dominion Generation
5000 Dominion Blvd.
Glen Allen, VA
23060
Steven C. Whitworth
Ameren Services
1901
Chouteau Avenue
P.O. Box 66149 MC602
St. Louis, MO
63166-6149
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