ILLINOIS POLLUTION CONTROL BOARD
April 17, 2003
IN THE MATTER OF: )
)
PETITION OF CENTRAL ILLINOIS LIGHT ) R02-21
COMPANY (E.D. EDWARDS ) (Site-Specific
GENERATING STATION) FOR A ) Rulemaking – Air)
SITE-SPECIFIC AIR REGULATION: )
35 ILL. ADM. CODE 214.561 )
Proposed Rule. Second Notice.
OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
This matter comes before the Board upon a proposal for site-specific rulemaking filed by
Central Illinois Light Company (E.D. Edwards Generating Station) (CILCO) pursuant to Section
27 of the Illinois Environmental Protection Act (Act). 415 ILCS 5/27 (2000). CILCO operates
the E.D. Edwards Generating Station (facility) located near Peoria in Peoria County.
Specifically, CILCO requests a site-specific sulfur dioxide emissions limit for Boiler #2 at its
facility. A hearing in this matter was held on October 11, 2002.
By today’s action the Board adopts the proposed rule for second notice, pursuant to the
Illinois Administrative Procedure Act (5 ILCS 100/1-1). No comments were received during
first notice, and the proposal adopted here is substantively unchanged from that adopted in the
Board’s January 23, 2003 first-notice and opinion order. The following opinion will explain the
proposal background, summarize the first-notice proposal, and discuss the economic
reasonableness and technical feasibility of the rule.
BACKGROUND
CILCO’s facility consists of three coal-fired boilers. CILCO received a variance from 35
Ill. Adm. Code 214.141 in a Board order issued on April 15, 1999.
See
Central Illinois Light
Company v. IEPA, PCB 99-80 (Apr. 15, 1999). The variance is effective through July 31, 2003.
Boilers 1 and 3 are subject to a sulfur dioxide emission limit under a site-specific rule at 35 Ill.
Adm. Code 214.561. Boiler 2 is subject to sulfur dioxide (SO2) emissions limit under 35 Ill.
Adm. Code 214.141.
CILCO seeks to make permanent the relief it was granted in PCB 99-80 by amending 35
Ill. Adm. Code 214.561 with respect to the requirements for the operation of Boiler 2. CILCO
requests that the Board repeal the text of 35 Ill. Adm. Code 214.561 and replace it verbatim with
text from the variance order of April 15, 1999.
See
CILCO, PCB 99-80 slip op. at 8-9. The
Board has previously incorporated by reference the record of PCB 99-80.
Specifically, CILCO requests that Section 214.561 read as follows:
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Sulfur dioxide emissions from Boiler Nos. 1, 2, and 3 at the Edwards Station may not
exceed the limits listed below. CILCO must determine compliance with these limits on a
daily basis using the sulfur dioxide methodology of the Phase II Acid Rain Program set
forth in 40 C.F.R. Part 75.
a. The average sulfur dioxide emissions from Boiler Nos. 1, 2,and 3, as a
group may not exceed 4.71 pounds per million British thermal units
(lb/mmBtu) of actual heat input;
b. The average sulfur dioxide emissions from any one boiler may not exceed
6.6 lb/mmBtu of actual heat input; and
c. Sulfur dioxide emissions for all three boilers, as a group, may not exceed
34,613 pounds per hour, on a 24-hour average basis.
PROCEDURAL HISTORY
On February 28, 2002, CILCO filed a petition for an adjusted standard pursuant to
Section 28.1 of the Environmental Protection Act (Act) 415 ILCS 5/28.1 (2000). On March 21,
2002, the Board issued an order reserving judgment on the acceptance of this case until CILCO
addressed whether or not the relief requested by CILCO is contrary to the Act and the
Administrative Procedures Act, (5 ILCS 100/1-1
et seq
. (2000)) in that CILCO is requesting the
amendment of a rule in an adjusted standard proceeding.
On April 26, 2002, CILCO filed a motion to file an amended pleading and a proposal for
site-specific rulemaking. In the motion, CILCO requests that the Board accept the proposal for
site-specific rulemaking as an amendment to the February 28, 2002 filing. CILCO represents
that the Illinois Environmental Protection Agency (Agency) was apprised of the motion and had
no objection.
On May 2, 2002, the Board closed the docket in AS02-4 and opened regulatory docket
R02-21. The Board found that the proposal for rulemaking met the requirements of 35 Ill. Adm.
Code 102.210 and accepted it for hearing.
A hearing in this matter was held on October 11, 2002, at 202 N.E. Madison in Peoria.
Both CILCO and the Agency appeared and presented testimony at the hearing. The testimony
offered by the parties was summarized in the Board’s January 23, 2003 first-notice opinion and
order. No members of the public attended the hearing. The only public comment after the
hearing was filed by CILCO.
In its first-notice opinion and order, the Board found that adoption of CILCO’s proposed
site-specific rule for the purposes of first notice was warranted. The Board found that CILCO
presented information indicating that compliance with 35 Ill. Adm. Code 214.141 is not
economically reasonable or technically feasible. The Board further found that CILCO
presented
evidence regarding the nature of existing air quality and consistency with federal regulations.
3
The first notice publication of the rules appeared in 27
Illinois Register
2578 (February
14, 2003). No public comments were received during the 45-day first notice period. The Joint
Committee on Administrative Review (JCAR) filed non-substantive comments addressing
grammar and format changes.
DISCUSSION
At first notice, the Board found that compliance with 35 Ill. Adm. Code 214.141 was not
economically reasonable or technically feasible. The Board has received no additional
comments discussing economic reasonableness and technical feasibility of the proposed rule. On
August 14, 2002, pursuant to Section 27(b) of the Act (415 ILCS 5/27(b) (2000)), the Board
requested that the Department of Commerce and Community Affairs (DCCA) conduct an
economic impact study on the proposed rule. The request letter referenced a letter, dated March
10, 2000, from DCCA. The March 10, 2000 letter informed the Board that DCCA would not be
doing economic impact studies. At the October 11, 2002 hearing the Board made available
copies of the DCCA letter and the Board's March 12, 2002 letter. The Board received no
comments on the letter.
As noted, the Board did receive non-substantive comments from JCAR. The Board has
incorporated the suggested changes into the proposal as issued for second-notice review.
CONCLUSION
Based on the record developed to date in this matter, the Board finds that adoption of
CILCO’s proposed site-specific rule is warranted. The Board proposes this rulemaking for
second-notice review by JCAR.
ORDER
The Board directs the Clerk to cause the filing of the following with the Joint Committee
on Administrative Rules for its second-notice review.
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 A: GENERAL PROVISIONS
Section
214.100 Scope and Organization
214.101 Measurement Methods
4
214.102 Abbreviations and Units
214.103 Definitions
214.104 Incorporations by Reference
SUBPART B: NEW FUEL COMBUSTION EMISSION SOURCES
Section
214.120 Scope
214.121 Large Sources
214.122 Small Sources
SUBPART C: EXISTING SOLID FUEL COMBUSTION EMISSION SOURCES
Section
214.140 Scope
214.141 Sources Located in Metropolitan Areas
214.142 Small Sources Located Outside Metropolitan Areas
214.143 Large Sources Located Outside Metropolitan Areas
SUBPART D: EXISTING LIQUID OR MIXED FUEL COMBUSTION EMISSION SOURCES
Section
214.161 Liquid Fuel Burned Exclusively
214.162 Combination of Fuels
SUBPART E: AGGREGATION OF SOURCES OUTSIDE METROPOLITAN AREAS
Section
214.181 Dispersion Enhancement Techniques
214.182 Prohibition
214.183 General Formula
214.184 Special Formula
214.185 Alternative Emission Rate
214.186 New Operating Permits
SUBPART F: ALTERNATIVE STANDARDS FOR SOURCES INSIDE METROPOLITAN
AREAS
Section
214.201 Alternative Standards for Sources in Metropolitan Areas
214.202 Dispersion Enhancement Techniques
SUBPART K: PROCESS EMISSION SOURCES
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Section
214.300 Scope
214.301 General Limitation
214.302 Exception for Air Pollution Control Equipment
214.303 Use of Sulfuric Acid
214.304 Fuel Burning Process Emission Source
SUBPART O: PETROLEUM REFINING, PETROCHEMICAL AND CHEMICAL
MANUFACTURING
Section
214.380 Scope
214.381 Sulfuric Acid Manufacturing
214.382 Petroleum and Petrochemical Processes
214.383 Chemical Manufacturing
214.384 Sulfate and Sulfite Manufacturing
SUBPART P: STONE, CLAY, GLASS AND CONCRETE PRODUCTS
Section
214.400 Scope
214.401 Glass Melting and Heat Treating
214.402 Lime Kilns
SUBPART Q: PRIMARY AND SECONDARY METAL MANUFACTURING
Section
214.420 Scope
214.421 Combination of Fuels at Steel Mills in Metropolitan Areas
214.422 Secondary Lead Smelting in Metropolitan Areas
214.423 Slab Reheat Furnaces in St. Louis Area
SUBPART V: ELECTRIC POWER PLANTS
Section
214.521 Winnetka Power Plant
SUBPART X: UTILITIES
Section
214.560 Scope
214.561 E. D. Edwards Electric Generating Station
214.562 Coffeen Generating Station
Appendix A Rule into Section Table
Appendix B Section into Rule Table
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Appendix C Method used to Determine Average Actual Stack Height and Effective Heig
Effluent Release
Appendix D Past Compliance Dates
AUTHORITY: Implementing Section 10 and authorized by Section 27 of the Environmental
Protection Act (Ill. Rev. Stat. 1989, ch. 111 1/2, pars. 1010 and 1027) (415 ILCS 5/10 and 27
(2002)).
SOURCE: Adopted as Chapter 2: Air Pollution, Rule 204: Sulfur Emission Standards and
Limitations, R71-23, 4 PCB 191, filed and effective April 14, 1972; amended in R74-2 and R75-
5, 32 PCB 295, at 3 Ill. Reg. 5, p. 777, effective February 3, 1979; amended in R74-2, R75-5, 38
PCB 129, at 4 Ill. Reg. 28, p. 417, effective June 26, 1980; amended in R78-17, 40 PCB 291, at 5
Ill. Reg. 1892, effective February 17, 1981; amended in R77-15, 44 PCB 267, at 6 Ill. Reg. 2146,
effective January 28, 1982; amended and renumbered in R80-22(A), at 7 Ill. Reg. 4219, effective
March 28, 1983; codified 7 Ill. Reg. 13597; amended in R80-22(B), at 8 Ill. Reg. 6172, effective
April 24, 1984; amended in R84-28, at 10 Ill. Reg. 9806, effective May 20, 1986; amended in
R86-31, at 12 Ill. Reg. 17387, effective October 14, 1988; amended in R86-30, at 12 Ill. Reg.
20778, effective December 5, 1988; amended in R87-31 at 15 Ill. Reg. 1017, effective January
15, 1991; amended in R02-21 at 27 Ill. Reg. ___________, effective __________.
SUBPART X: UTILITIES
Section 214.561 E. D. Edwards Electric Generating Station
Sulfur dioxide emissions from Boiler Nos. 1, 2, and 3 at the Edwards Station may not exceed the
limits listed below in this Section. CILCO must determine compliance with these limits on a
daily basis using the sulfur dioxide methodology of the Phase II Acid Rain Program set forth in
40 C.F.R. Part 75.
a) The average sulfur dioxide emissions from Boiler Nos. 1, 2, and 3, as a group
may not exceed 4.71 pounds per million British thermal units (lb/mmBtu) of
actual heat input;
b) The average sulfur dioxide emissions from any one boiler may not exceed 6.6
lb/mmBtu of actual heat input; and
c) Sulfur dioxide emissions for all three boilers, as a group, may not exceed 34,613
pounds per hour, on a 24-hour average basis.
Units 1 and 3 at the E. D. Edwards Electric Generating Station shall not exceed 6.6 pounds of
sulfur dioxide per mmBtu of actual heat input (2,838 nanograms per joule). Aggregate emissions
from the E. D. Edwards Electric Generating Station on a 24-hour average basis shall not exceed
34,613 pounds of sulfur dioxide per hour.
(Source: Added at 10 Ill. Reg. 9806, effective May 20, 1986)
7
(Source: Amended at
, effective
)
IT IS SO ORDERED.
Board Member M.E. Tristano abstained.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on April 17, 2003, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board