ILLINOIS POLLUTION CONTROL BOARD
    April
    21, 1983
    ILLINOIS POWER COMPANY
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 79—7
    )
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by J.D. Dumelle):
    On March 31,
    1983 the Illinois Power Company
    (IPC)
    filed
    a Petition to Amend Order requesting the Board amend its
    February 15,
    1979 Order herein.
    That Opinion and Order, pursuant
    to Rule 204(e)(3) of Chapter
    2: Air Pollution,
    imposed specific
    emission limitations for sulfur dioxide on IPC’s Baldwin power
    station.
    Since the Illinois Environmental Protection Agency
    (Agency)
    presentation of the Board’s Opinion and Order as a State Imple-
    mentation Plan
    (SIP)
    amendment,
    the United States Environmental
    Protection Agency
    (USEPA) has been reviewing the sufficiency of
    these limitations.
    Having begun this review in March of 1979,
    USEPA questions the use of a particular air quality model with
    respect to its accuracy in predicting that the emission
    limitations adopted by the ~oard assure compliance with the
    secondary air quality standard.
    Since the USEPA agrees with the Board that the limitation
    will assure compliance with the primary sulfur dioxide standard,
    it has suggested to IPC and the Agency that it could approve as a
    SIP amendment the emission limitations for primary compliance if
    at the same time the Board were to order a compliance schedule
    for attainment
    of the secondary standard.
    Such a schedule needs
    to include adequate time to complete monitoring network data
    collection and analysis which would satisfy USEPA’s concerns for
    secondary compliance or in the alternative to implement a program
    reducing emissions to the level necessary to assure compliance.
    Although it is the Board’s policy not to reopen matters
    which have been so long settled, this case presents a unique
    request for relief.
    Due to the administrative requirements of
    a federal agency for an enforceable Board Order containing a
    compliance plan for the attainment and maintenance of secondary
    52-65
    2
    air quality standards for sulfur dioxide, IPC is
    in a unique
    position of requesting the Board to amend
    its Order with a more
    restrictive compliance plan than that originally determined.
    It
    appears clear that since the original Rule 204(e) process,
    including the hearing, provided a basis for the original Order,
    the same would include the basis for any more restrictive Order
    that the Board might subsequently deem appropriate without
    prejudicing the State or parties other than IPC.
    On April 21,
    1983 the Agency responded to IPC’s Motion
    with a Motion for Hearing.
    The Agency argued that a hearing
    is necessary to satisfy the Clean Air Act and the Rule 204(e)
    process.
    However, the SIP
    approval
    process
    in this matter has
    been ongoing since March,
    1979 and as stated above, holding a
    hearing to satisfy Rule 204(e) would be perfunctory.
    Therefore,
    given the facts of this case the Board shall deny the Agency
    motion and waive any procedural impediments and amend its
    February 15, 1979 Order with the more restrictive compliance
    plan requested by IPC.
    While the emission limits remain the
    same, Conditions
    1,
    2, and 3 contained in the Board Order of
    February 15, 1979 herein are vacated.
    That said Order is hereby
    amended as follows:
    ORDER
    It is the Order of the Pollution Control Board that:
    1.
    Illinois Power Company be granted a site—specific mass
    emission limitation for sulfur dioxide for its Baldwin Power
    Plant of 101,966 pounds of sulfur dioxide per hour in the
    aggregate and an emission rate not to exceed
    6 pounds of sulfur
    dioxide per million Btuts of heat input as determined pursuant to
    Rule 204(e)(3);
    2.
    Illinois Power Company shall submit to the Illinois
    Environmental Protection Agency modeling and monitoring demon-
    stration(s) comparatively evaluating the ambient air quality
    models known as CRSTER and MPSDM for purposes of determining
    which model more accurately describes the ambient air quality
    impact of the Baldwin Plant.
    3.
    The Illinois Environmental Protection Agency shall,
    as
    part of its permit review process,
    review the demonstration(s)
    required by paragraph
    2 hereof and determine whether it
    establishes that the emission limitation in paragraph
    1 provide
    for compliance with primary and secondary ambient air quality
    standards.
    52-66
    3
    a)
    If the Illinois Environmental Protection Agency
    concludes that primary and secondary compliance is demon-
    strated, it shall notify the Board
    in writing,
    and submit
    the appropriate information to the United States Environ-
    mental Protection Agency and thereafter paragraph
    4 hereof
    shall have no further force and effect.
    b)
    If the Illinois Environmental Protection Agency
    concludes that primary and secondary compliance has not
    been demonstrated, subject to the review, and the
    decisions on review provided for by the Illinois Environ-
    mental Protection Act,
    Illinois Power Company shall comply
    with the provisions of paragraph
    4 hereof and Illinois
    Environmental Protection Agency shall
    impose such permit
    conditions in the permits for the Baldwin Plant as are
    necessary therefore.
    4.
    Subject to the foregoing,
    the Illinois Power Company
    shall undertake and implement as expeditiously as
    is practical,
    but no later than December 31,
    1989, unless amended by further
    order of this Board,
    a program at the Baldwin Plant to achieve
    compliance with a sulfur dioxide emission limitation of 74,300
    pounds of sulfur dioxide per hour or such other limitation as
    shall be determined in accordance with then applicable United
    States Environmental Protection Agency guidelines and require-
    ments, necessary to achieve compliance with the secondary sulfur
    dioxide ambient air quality standards,
    The Illinois Environmental
    Protection Agency may impose in operating permits,
    subject to
    review as provided in the Illinois Environmental Protection Act,
    such reasonable interim compliance and reporting requirements
    as are appropriate to demonstrate reasonable progress towards
    fulfillment of the requirements of this paragraph.
    The Board shall continue to retain jurisdiction over
    this matter upon the petition of either party to modify this
    order as may be necessary for any significant change in facts
    or law.
    IT IS SO ORDERED.
    I,
    Christan L,
    Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify that the above Order was adopted
    on the
    ~/~~day
    of
    ~
    1983
    by
    a vote of
    ~.
    Christan L, Moffett,f~lerk/~
    Illinois Pollution Control Board
    52-67

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