ILLINOIS POLLUTION CONTROL BOARD
    May 19,
    1988
    IN THE MATTER OF:
    )
    PETITION TO AMEND 35
    ILL.
    ADM.
    CODE PART 214,
    SULFUR
    )
    R86—31
    LIMITATIONS (CIPS Coffeen
    Generating Station)
    )
    PROPOSED RULE.
    FIRST NOTICE.
    ORDER OF THE BOARD
    (by J. Marlin):
    This matter comes before the Board upon
    a Motion for
    Reconsideration
    filed by Central
    Illinois Public Service Company
    (CIPS)
    on April
    21,
    1988.
    Specifically, CIPS asks the Board
    to
    reconsider
    the rule that the Board proposed for Second Notice by
    its Order
    of March 10,
    1988.
    The Board notes that the Joint
    Committee on Administrative Rules filed
    its Certification of No
    Objection on April
    13,
    1988.
    On May
    4, the Hearing Officer entered a Hearing Officer
    Statement stating
    that he had been
    in contact with
    representatives of the Illinois Environmental Protection Agency
    (Agency) and the Monterey Coal Mine
    (Monterey).
    According
    to the
    Hearing Officer,
    neither
    the Agency nor Monterey object
    to CIPS’
    motion.
    Monterey filed
    a statement
    to this effect on May 11,
    1988.
    The Hearing Officer also issued an Order
    on May
    9,
    1988
    in
    which he ordered
    CIPS
    to file by May 13,
    1988, proposed language
    which would,
    if adopted,
    remedy CIPS’ problem concerning the
    triggering of the monitoring actions imposed
    by the rule.
    Also,
    CIPS was given the opportunity
    to address the general
    issue of
    whether
    it
    is appropriate for the Board
    to grant motions
    for
    reconsideration subsequent
    to the Board’s proposing
    a rule for
    Second Notice.
    The Hearing Officer ordered interested persons
    to
    file comments upon CIPS’
    filing by May
    18, 1988.
    Monterey filed
    a comment with the Hearing Officer on May
    18,
    1988.
    The Board
    accepts
    this filing.
    Although Monterey agrees with CIPS’
    proposed change,
    it believes that the Board should not have
    to go
    back
    to First Notice
    in order
    to make that
    change.
    The Agency
    filed
    no comment.
    In its motion, CIPS requests that
    the Board alter
    its
    proposed rule
    so that the ambient air monitoring and stack
    testing will be triggered by the U.S. Environmental Protection
    Agency’s approval
    of
    a State Implementation Plan revision which
    allows CIPS
    to emit
    a level in excess of
    55,555 pounds per any
    hour.
    The March 10th version
    of the rule triggers the monitoring
    89—367

    2
    actions upon CIPS operating
    at
    a level
    in
    excess
    of 765 net
    megawatts.
    As
    its motion
    recounts, CIPS had expressed concern regarding
    the timing
    of the monitoring requirements
    in its First Notice
    comments:
    CIPS
    pointed
    out
    in
    the
    Comments
    that
    it
    could
    not
    undertake
    the
    monitoring
    program
    the
    Board
    was
    requiring
    until
    the
    United
    States
    Environmental
    Protection
    Agency
    (USEPA)
    had
    approved
    the
    higher
    emission
    limit
    because
    the
    current
    State
    Implementation
    Plan
    (SIP),
    at
    least
    in
    USEPA’s
    view,
    contains
    a lower emission limit
    and
    the
    Board’s
    monitoring
    program
    is
    required
    to
    be
    conducted
    while
    CIPS
    is
    operating,
    or
    at
    least
    able
    to
    operate,
    at
    the
    new,
    higher
    limitation.
    In
    explaining
    this
    problem,
    CIPS
    pointed
    out
    that
    in
    its
    pending
    litigation with
    USEPA
    it anticipated
    being constrained by
    a Federal District Court
    order
    not
    to exceed
    the current
    SIP
    limit
    of
    55,555
    pounds
    of
    sulfur
    dioxide
    per
    hour.
    CIPS
    had
    calculated
    that
    this
    limit
    equated
    to
    a
    maximum
    load
    on
    the Coffeen
    Station
    of
    approximately
    765
    net
    megawatts.
    In
    November,
    1987,
    CIPS
    recalculated
    this
    and
    determined that the emission limit equated
    to
    a ~,load limit
    of
    759
    megawatts
    based
    on
    the
    worst case coal.
    CIPS may
    have erred
    in not making clearer
    to
    the Board exactly what that means....
    (CIPS’ Motion,
    p.
    2)
    In
    its March
    10th decision,
    the Board had sought
    to remedy
    the timing problem as
    follows:
    CIPS
    is
    currently
    operating
    under
    a
    load
    limitation of 765 net megawatts
    (MW)
    in order
    to
    achieve
    compliance
    with
    55,555
    lbs.
    standard.
    The
    Board
    will
    require
    CIPS
    to
    begin
    its ambient
    air monitoring and modeling
    program
    6 months after
    it begins operating at
    a
    level
    in excess
    of
    765 net ~
    By linking
    the
    timing
    of
    the
    monitoring
    and
    modeling
    program
    to
    an
    event
    within
    CIPS’
    control,
    CIPS will not be
    forced into non—compliance
    89—368

    3
    with
    either
    a
    Board
    rule
    or
    a
    federal
    court
    order.
    (Proposed Opinion and Order, March
    10,
    1988, p~ 5)
    CIPS now asserts
    that when utilizing “normal quality of coal
    from Monterey, CIPS would
    be able
    to exceed 765 megawatts without
    ever exceeding the 55,555 pound limitation.”
    (CIPS’
    Motion,
    p.
    5).
    In its motion,
    CIPS also informs the Board
    of the status
    of
    the federal enforcement action brought against
    CIPS.
    CIPS
    now has
    reached
    agreement
    on
    a Consent
    Order
    with
    USEPA
    which
    was
    noticed
    for
    30
    days
    for
    comment
    in
    the
    March
    23,
    1988
    Federal Register and will
    be entered sometime
    thereafter
    by the District Court.
    A copy of
    the
    Consent
    Decree
    is
    attached
    for
    the
    Board’s
    information
    as
    Exhibit
    A.
    For
    a
    period
    of
    two
    years
    after
    the
    Court
    enters
    the
    Consent
    Decree,
    it will
    limit
    emissions
    from the Coffeen Station
    to 55,555 pounds per
    hour.
    Of
    course,
    if during
    that
    two
    years,
    USEPA
    approves
    the
    revised
    emission
    limit,
    CIPS would
    request
    that
    the Court modify the
    Consent Decree and CIPS would expect USEPA
    to
    concur.
    (CIPS’
    Motion,
    p.
    2)
    In
    response to
    the Hearing Officer’s Order, CIPS filed
    proposed language which would resolve
    its concerns regarding
    the
    timing of the monitoring
    and stack
    test.
    In addition,
    CIPS
    asserted that nothing
    in the Act
    or Board
    regulations precludes
    the Board
    from considering
    a motion for reconsideration
    subsequent
    to
    a Board’s Second Notice proposal.
    In
    fact,
    CIPS
    states that
    there
    is even
    a policy need
    to allow such motions at
    this juncture
    in light of the procedures enunciated
    in the
    Board’s Resolution 88—1.
    The regulatory scheme set forth by Res.
    88—1 provides
    that the first
    time the Board
    takes
    a substantive
    position with regard
    to
    a rulemaking
    is when
    it proposes
    a rule
    for Second Notice.
    Consequently,
    if motions
    for reconsideration
    may not
    be entertained
    after
    the Board proposes
    a rule for Second
    Notice,
    then the public,
    including the rule’s proponent, will
    be
    precluded from
    responding
    to the Board’s
    substantive position
    until
    after
    final adoption.
    Such
    a public response would
    then
    take
    the form
    of either another motion for reconsideration or an
    appeal to the Appellate
    Court.
    In proposing the Second Notice version of
    the rule,
    it was
    the intention
    of
    the Board
    to cause
    CIPS
    to conduct ambient
    air
    monitoring after
    it began emitting SO2
    at levels
    in excess of
    currently allowed limits.
    This would provide data to illustrate
    89—3 69

    4
    the impact of the higher emissions
    level upon the ambient air
    quality.
    Given
    the record,
    the Board believed that an operation
    level of 765 net MW was equivalent
    to an emission level
    of
    55,555
    pounds per hour,
    which
    is the current emission limitation.
    Since
    an operating
    level
    is generally more
    readily determinable than an
    emission level,
    the Board triggered
    the monitoring upon CIPS’
    operating
    in excess of 765 net MW.
    Now,
    it
    is apparent
    from
    CIPS’ motion that the 765 net MW trigger
    is not appropriate.
    CIPS proposed change
    is consistent with the Board’s
    intention concerning
    this rulemaking.
    The Board notes
    that the
    draft consent decree
    if
    entered by the Federal District Court,
    would impose
    a requirement
    that CIPS
    install,
    by September
    30,
    1988,
    a continuous emission monitor
    (CEM)
    which would measure
    CIPS’
    SO., emissions.
    After
    installation
    of
    a CEM, CIPS would be
    able to aetermine,
    with
    relative ease,
    Coffeen’s exact level
    of
    emissions at any point
    in time.
    Given all of
    the circumstance involved,
    the Board will alter
    the proposed rule
    in accordance with CIPS request.
    Specifically,
    the Board will delete the language concerning
    765 net MW and add
    the phrase
    “is legally able and begins
    to operate at an emission
    rate greater
    than 55,555 pounds
    of sulfur dioxide per hour:
    to
    subsections
    (b) and
    (d).
    Since ~JCARhas already issued
    a
    Certificate of No Objection on the Board’s version of the rule
    which
    is proposed for Second Notice,
    the Board must propose this
    new version of the rule for First Notice rather than proposing
    a
    second,
    Second Notice.
    While
    such
    a course of action does not
    seem efficient,
    it
    is the path required
    by JCAR and the Secretary
    of State.
    The Board hereby proposes the following rule for First
    Notice
    to
    be published
    in the Illinois Register:
    TITLE 35:
    ENVIRONMENTAL PROTECTION
    SUBTITLE
    B:
    AIR POLLUTION
    CHAPTER
    I:
    POLLUTION CONTROL BOARD
    SUBCHAPTER
    C:
    EMISSION STANDARDS AND LIMITATIONS
    FOR STATIONARY SOURCES
    PART 214
    SULFUR LIMITATIONS
    SUBPART X:
    UTILITIES
    Section 214.562
    Coffeen Generating Station
    a)
    The emission standards
    of this subsection shall apply
    only
    if the requirements
    of subsections (b),(c),
    and
    (d) are fulfilled.
    Notwithstanding
    any other
    limitation
    contained
    in this Part,
    whenever the coal burned
    is
    mined exclusively from the mine that
    is presently known
    as Monterey Coal Company’s No.
    1 Mine located south of
    Carlinville,
    emission
    of sulfur dioxide
    from Units
    1 and
    89—370

    5
    2 at the Central Illinois Public Service Company’s
    (CIPS) Coffeen Generating Station
    (Coffeen),
    located
    in
    Montgomery
    County, shall
    not exceed either
    of
    the
    following emission standards:
    1)
    29,572 kilograms of
    sulfur dioxide
    in any one hour
    (65,194 lbs/hr);
    and
    2)
    11.29 kilograms of sulfur dioxide per megawatt—hour
    of heat input
    (7.29 lbs/mmbtu).
    b)
    CIPS shall conduct an ambient sulfur dioxide monitoring
    and dispersion modeling program designed
    to demonstrate
    that the emission standards
    of subsection
    (a)
    will not
    cause or contribute
    to violations
    of any applicable
    primary or secondary sulfur dioxide ambient air quality
    standard as set forth
    in Section 243.122.
    Such ambient
    monitoring
    and dispersion modeling program shall
    be
    operated
    for
    at least one year commencing
    no later than
    6 months after Coffeen is legally able and begins
    to
    operate at an emission rate greater
    than 55,555 pounds
    of sulfur dioxide per hour.
    c)
    No more than 15 months after
    the commencement
    of
    the
    ambient monitoring and dispersion modeling program of
    subsection
    (b),
    CIPS shall apply for
    a new operating
    permit.
    CIPS shall submit
    to the Environmental
    Protection Agency
    (Agency), at the time
    of the
    application,
    a report containing the results of the
    ambient monitoring and dispersion modeling program
    of
    subsection
    (b) and the results of all relevant stack
    tests conducted prior to the report’s submission.
    d)
    No later
    than six months after Coffeen
    is legally able
    and begins
    to operate at
    an emission rate greater
    than
    55,555 pounds of
    sulfur dioxide per hour,
    a stack
    test
    shall
    be conducted
    in accordance with Section
    214.101(a),
    in order
    to determine compliance with
    emission standards set forth
    in subsection
    (a).
    After
    the stack
    test
    is conducted,
    the results shall
    be
    submitted
    to the Agency within
    90 days.
    The
    requirements of this subsection do not preclude the
    Agency from requiring additional
    stack
    tests.
    (Source:
    Added at
    Ill.
    Reg.
    effective
    IT
    IS SO ORDERED.
    J.D. Dumelle concurred.
    89—371.

    6
    I,
    Dorothy
    M. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the above Order was adopted
    on
    the
    /9tL day of
    ________________,
    1988,
    by
    a vote
    of
    7.
    ~.
    Dorothy
    M.
    unn, Clerk
    Illinois Pollution Control Board
    89—372

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