ILLINOIS POLLUTION CONTROL BOARD

June 5, 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 )

Adopted Rule. Final 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 amendments. The rules adopted here

are substantively unchanged from those adopted in the Board’s first-notice and second-notice

opinion and order. On April 17, 2003, the Board proposed the rulemaking for second notice.

The Board directed that the rule be submitted to the Joint Committee on Administrative Rules

(JCAR) for second-notice review. On May 13, 2003, JCAR issued a certification of no objection

to the rule. The following opinion will explain the proposal background, summarize the

procedural history, 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:

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

. (2002)) 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 AS 02-4 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.

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.

In its second-notice opinion and order issued on April 17, 2003, the Board found that

adoption of CILCO’s proposed site-specific rule was warranted, and proposed the rulemaking for

second-notice review by the JCAR. The Board incorporated the non-substantive first-notice

changes suggested by JCAR into the proposal.

JCAR considered the second-notice proposal at its May 13, 2003 meeting and determined

that no objection would be made. JCAR suggested two non-substantive changes, and issued a

formal certification of no objection to the proposed rulemaking on May 13, 2003.

The second-notice period commenced on April 21, 2003, and ended on June 4, 2003.

Other than the non-substantive comments suggested by JCAR, the Board received no comments

during the second-notice period.

DISCUSSION

At first notice, the Board found that compliance with 35 Ill. Adm. Code 214.141 was not

economically reasonable or technically feasible. To date, the Board has received no additional

comments discussing economic reasonableness and technical feasibility of the proposed rule. As

discussed in the second-notice order, 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 two non-substantive comments from JCAR. The Board

has incorporated the suggested changes into the adopted proposal.

CONCLUSION

Based on the record before it, the Board finds that adoption of CILCO’s proposed site-

specific rule is warranted.

ORDER

The Board directs the Clerk to file the following adopted rule with the Secretary of State

for publication in the

Illinois Register

for final notice and adoption in the

Illinois Administrative

Code

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

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

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

Appendix C Method used to Determine Average Actual Stack Height and Effective

Height of 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].

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)

(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 June 5, 2003, by a vote of 5-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board