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ILLINOIS POLLUTION CONTROL BOARD

June 5, 2003

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:

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 C ILCO 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.

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.

DISCUSSION

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CONCLUSION

 Based on the record before it, the Board finds that adoption of CILCO’s proposed site-specific rule is warranted.

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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.

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TITLE 35: ENVIRONMENTAL PROTECTION

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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

SUBPART B:  NEW FUEL COMBUSTION EMISSION SOURCES

Section

SUBPART C:  EXISTING SOLID FUEL COMBUSTION EMISSION SOURCES

Section

SUBPART D:  EXISTING LIQUID OR MIXED FUEL COMBUSTION EMISSION SOURCES

Section

SUBPART E:  AGGREGATION OF SOURCES OUTSIDE METROPOLITAN AREAS

Section

SUBPART F:  ALTERNATIVE STANDARDS FOR SOURCES INSIDE METROPOLITAN AREAS

Section

SUBPART K:  PROCESS EMISSION SOURCES

Section

SUBPART O:  PETROLEUM REFINING, PETROCHEMICAL AND CHEMICAL MANUFACTURING

Section

SUBPART P:  STONE, CLAY, GLASS AND CONCRETE PRODUCTS

Section

SUBPART Q:  PRIMARY AND SECONDARY METAL MANUFACTURING

Section

SUBPART V:  ELECTRIC POWER PLANTS

Section

SUBPART X:  UTILITIES

Section

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.