BEFORE THE ILLINOIS POLLUTION
Dynegy Midwest Generation, Inc.
Refurbishment ofUnits
1
& 2
Electrostatic.Precipitators
Property Identification Number
01-27-100-000
TO:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State ofIllinois. Center
100. W.
Randolph Street, Suite
11-500.
Chicago,.Illinois.
60601
Steve Santarelli
Illinois DepartmentofRevenue
101
West Jefferson
P.O. Box
19033.
Springfield, Illinois 62794
CONTROL BOARD
C
‘~
~‘
)
.
LJ~I
.1
b
?903
~L~U~L
Lfl~ !L~J~5
Pollution
Control Board
DonnaRedmon
Tax Manager
DynégyMidwest
Generation,. Inc..
1000 Louisiana, Suite 5800
Houston, Texas 77002
PLEASE TAKE. NOTICE. that I have today filed with the Office of the Pollution Control
Board
the
APPEARANCE.
AND
RECOMMENDATION
of
the
Illinois
Environmental
Protection Agency,. a copyofwhich is herewith served upon you..
Date:,
October
14, 2003.
~
.~4~4ç1
.i_~_
Robb. H. Layn~ian
Special Assistant Attorney. General
ARDC.
#6205498
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY.
1021 North Grand Avenue East
P.O.. Box
19276.
Spring field,, IL 62794-9276.
Telephone:. 217/782-5544.
Facsimile:.. 217/782-9807
TDD:
217/782-9143.
)
PCBC)~cS(O
).
.
(Tax Certification)
)
NOTICE.
THIS. FILING IS. SUBMITTED.
ON RECYCLED. PAPER
.KECE~V~D
BEFORE. THE ILLINOIS POLLUTION CONTROL BOARD.
CLER~SOFF!~
U(~
162003
Dynegy Midwest Generation, Inc.
)
Refurbishment ofUnits
1
&. 2
).
SIAFE OF ILLINOIS
Electrostatic.Precipitators
.
)
Pollution
Control
Board
PCB
Property Identification Number
)
(Tax Certification).
01-27-100-000
,
)
APPEARANCE
I hereby file my. Appearance
in this proceeding
on behalf of the Illinois
Environmental
Protection Agency.
Robb. H.. Layman
Special Assistant Attorney General
ARDC #6205498
DATED:.
October 14, 2003.
ILLINOIS. ENVIRONMENTAL.PROTECTION AGENCY
1021. North Grand Avenue East
,
P.O.. Box
19276.
Springfield, Illinois 62794-9276
,
Telephone: 217/782-5544
.
.
Facsimile:.
217/782-9807..
THIS FILING IS. SUBMITTED.
TDD:..
.217/782-9143
.
ON RECYCLED. PAPER
RECE’~~
oci:
ii
~
2003
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STArE
()I-
~WNU~S
Dynegy Midwest Generation, Inc..
.
)
pofluUon
Control
L~OC
Refurbishment ofUnits
1. & 2
)
Electrostatic Precipitators
)
PCB
Property IdentificationNumber
)
(Tax Certification).
01-27-100-000
.
)
)
RECOMMENDATION
Now. Comes the. Illinois Environmental Protection Agency (“Illinois EPA”), through its
attorneys, and pursuant to Section 125.204 ofthe Illinois Pollution Control Board’s (“Board”)
regulations, files the following Recommendation regarding the tax certification of airpollution
control facilities pursuant to. 35 Ill. Adm.
Code. 125.204.
1)
On April 29, 2003, the Illinois EPA received a request from Dynegy Midwest Generation,
Inc. for an Illinois EPA recommendation regarding the tax certification ofair pollution
control facilities pursuant to. 35.111.. Adm.. Code. 125.204, and noted the request as log
number TC-03-04-29F.. (Exhibit A).
2).
The applicant’s address is:
Donna Redmon
TaxManager
DynegyMidwest Generation, Inc..
1000 Louisiana
Suite 5800.
Houston, Texas 77002
3).
The. air pollution control facilities in this request are located at R.R.. #1,. Box 200AA,
Hennepin,. Putnam County and consist ofthe. following:.
Refurbishment ofUnits.
1. & 2. Electrostatic. Precipitators whose. primarypurpose.
is to
improve particulate collection and operation.
Because the primary purpose
ofthis system is
to. reduce or eliminate airpollution, it is certified as a pollution
control facility.
4.
Section 11-10 ofthe Property Tax Code, 35 ILCS 200/11-10
(2000), defines “pollution
control facilities” as:
“any system, method, construction,
device or appliance appurtenant
thereto. or any portion of any building or equipment, that is designed, constructed,
installed or operated for the primarypurpose of:
(a) eliminating, preventing, or reducing
air or water pollution
.
.
.
or (b) treating, pretreating, modifying or disposing of any
potential solid, liquid or gaseous pollutant which if released without treatment,
pretreatment modification or disposal might be harmful, detrimental or offensive to
human, plant or animal life,, or to property.”
5..
Pollution control facilities are entitled to preferential taxtreatment,
35 ILCS. 200/11-5
(2000).
6.
Based on the information in the application and the purpose ofthe facilities, to. prevent,
eliminate or reduce. air pollution, it is the Illinois EPA’s engineeringjudgment that the
described facilities may be considered “pollution control facilities,” pursuant to. 35 Ill.
Adm.
Code.
125.200(a), with the.primarypurpose of eliminating, preventing, orreducing
airpollution,
or as otherwise provided in
35.111.. Adm.
Code, 125.200..
Therefore, the
facilities are eligible for tax certification from the Board..
7..
Therefore, the Illinois EPA recommends that the Board issue the requested tax
certification.
ILLINOIS. ENVIRONMENTAL PROTECTION. AGENCY,
By:__________
Robb
H..Layman
Special Assistant Attorney General
Of Counsel:.
Charles E.. Matoesian
Assistant Counsel
October 14, 2003
1021 North GrandAve.. E.
P.O. Box
19276.
Springfield, Illinois 62794-9276
Telephone:
217/782-5544
Facsimile:
217/782-9807
TDD:
217/782-9143.
*
U.S.
GOVERNMENT
PRINTING
orFICE:
1977...725..577
Form Approved
0MB No.
158—.R0013
ENVIRONMENTAL
PROTECTION AGENCY
ISTATE
Illinois
NOTICE
OF STATE CERTIFICATION
I
(Pursuant
to
Section
169 of the
Internal Revenue
IWATER
OR AIR
POLLUTION
CONTROL AGENCY OR
1AUTHORITY
Code of
1954,
as amended)
Environmental Protection Agency
It Is hereby
certified
that
the
control facility
described in the
attached
application is in
conformity with
State
and
local programs
and
requirements for
the
control of
0
water pollution
El
air pollution,
as
required
by
section
169
of the
Intcrnal Revenue
Code of
1954.
as
amended, and regulations
issued
thereunder.
According to the applicant, this controlfacility
~
was placed
0
will be
placed
in
operation
on
April
23,
2001
,
19
In
the case
of control
facility not
yet
in operation,
this notice
is certification only that
the control facility, if constructed
arid
operated
in accordance with
the
application, will be in
conformity with
State
and
local programs
or
requirements
for abitement or control of water or
air pollution.
1. NAME OF APPLICANT
Dynegy
Midwest Generation, Inc.
2.
PERSON
AUTHORIZED
TO
RECEIVE CERTIFICATION
Donna Redmon
ADDRESS
(Street,
City,
State, Zip Code)
2828 North Monroe Street
Decatur, IL 62526
.
TITLE
Tax
Manager
ADDRESS
(Street,
City,
State,
Zip Code)
1000 Louisiana, Ste 5800, Houston, TX
77002
.
3. DESCRIPTION OF CONTROL FACIUTY
Refurbishment ofHennepin Power Station Units
1 & 2 electrostatic precipitator to
improve collection and
operation.
The refurbishment includes:
• lnstallation ofspacer bars; and
• Replacement ofrappers.
4. LOCATION
OFçONTROL
FACILITY
(Street,
City,
State,
Zip Code)
5. RECEIVING
BODY OR STREAM OF WATER, IF
ANY
R.
R. #1,
Box 200AA, Hennepin, IL 61327
N/A
6. USE
oF
‘iiit
~UP4I
KUL
FACILITY
...~
i,ri~
r,C-,’CDT
~
IN
INrc,ruv:II
y
yytjr~
iri~
FOLLOWING APPLICABLE STATE
PLAN
OR
REQUIREMENTS
FOR THE CONTROL OF
0
WATER POLLUTION
El
AIR POLLUTION.
35 Illinois Administrative
Code 212
APR 2
9
2003
DAPC
SPFLD
iSSUED
‘
THIS
—
DAY OF
19
,
SIGNED
(Official
of State
Agency)
.
STATE CERTIFICATION
NUMBER
TITLE
EPA
Form 3300—2 (8—77)
/1
~t
U.S. GOVERNMENT
PR~NTtNG OFFICE:
t077—729—178
U.S.
ENVIRONMENTAL
PROTECTION
AGENCY
--
NOTICE OF
FEDERAL CERTIFICATION
(Pursuant to Section
169
of the Internal
Revenue Code of 1954, as amended)
Form Approved
0MB
No.
158—R0013
•
PLEASE TAKE NOTICE that pursuant to
section
169 of the Internal Revenue Code of
1954,
as
amended,
and Part
20 of Title
40
of the
Code of Federal
Regulations,
the control facility
identified herein
El
Is
CQrtifled
0
Will, if constructed, reconstructed, acquired, erected, Installed
and operated in
accordance with the accompanying
application,
be
certified
as being In compliance
with the
applicable
regulations of Federal
agencies and the general policies of the United. States for cooperation with
the States in
the prevention and
abatement of
0
water pollution ~
air pollution
under the Federal Water Pollution Control Act,
as
amended
(33
U.S.C. 1251
et seq.)
or
the Clean
Air Act,
as amended
(42 U.S.C.
1857
et .!~j.).
This certification is based
on facts furnished
by
the applicant, and is
valid for purposes of section
169 only
to
the
extent that such facts are complete and accurate.
ADDRESS
(Street,
City, State, Zip Code)
Generation, Inc.
2828 North Monroe Street
NUMBER
Decatur, IL 62526
.
.
CERTIFICATION:
ADDRESS
(Street, City, State, Zip
Code)
Redmon
rooo
Louisiana, Ste 5800, Houston, TX
77002
Manager
LITY
Power Station Units
1 & 2 electrostatic precipitator to improve collection and
includes:
-
.
and
.•
(Street,
City,
State,
Zip
Code)
-
.
T.THE CONTROL FACILITY
IDENTIFIED HEREIN
El
DOES
0
DOES NOT GENERATE PROFITS THROUGH
THE
RECOVERY
AND SALES
OF
WASTES.
OR OTHERWISE.
3.THE CONTROL FACILITY
IDENTIFIED
HEREIN
0
IS
El
IS NOT A
BUILDING THE
ONLY FUNCTION
OF WHICH
IS
THE
ABATEMENT OR
CONTROL OF POLLUTION,
AS DETERMINED
IN
ACCORDANCE WITH SECTION
1.169-2
(2)
(I)
OF THE
INCOME TAX
REGULATIONS.
0
A. THE CONTROL FACILITY
IDENTIFIED HEREIN
IS USED ONLY
IN CONNECTION WITH PLANTS OR PROPERTIES THAT WERE ‘IN
SERVICE ON
OR
BEFORE
DECEMBER
31,
1975
El
B.
.~i.._
OF THE AMORTIZABLE BASIS
OF THE FACILITY
IS ALLOCABLE TO
ITS USE
IN CONNECTION WITH PLANTS
OR
PROP-
ERTIES THAT WERE
IN SERVICE ON
OR BEFORE
DECEMBER 31,1975.
10.
A. THE CONTROL FACILiTY
PERFORMS
NO FUNCTION
IN
ADDITION TO THE
ABATEMENT OR CONTROL
OF POLLUTION.
El
u.
—
OF THE AMORTIZABLE
BASIS
OF THE
CONTROL FACILITY
IS ALLOCABLE
TO THE
ABATEMENT OR CONTROL OF
POLLUTION.
ISSUED
.
THIS
OF______________
,19____
SIGNATURE
s~fAiE
CERTIFICATION
NUMBER
TITLE
EPA
Form 3300—3
(8—77)
.~
U.S.
GOVERNMENT
PRINTING
OFFICE:
1077—729—ole
ENVIRONMENTAL
PROTECTION AGENCY
APPLICATION
FORCERTIFICATION OF POLLUTION CONTROL FACILITY
(Pursuant
to Section 169 of the InternalRevenue Code of 1954,
as amended)
Form Approved
0MB No.
158—R0013
NO
CERTIFICATION
MAY
BE
MADE
UNLESS
A
COMPLETED
APPLICATION
FORM
HAS’
BEEN
RECEIVED
(26
U.S.C.
§169;
40 C.F.R.
PART
20).
IF NO
CLAIM
OF
BUSINESS
CONFIDENTIALITY ACCOMPANIES
THIS
INFORMATION WHEN ‘IT IS
RECEIVED
BY
EPA.
IT
MAY
BE MADE AVAILABLE TO
THE
PUBLIC
BY
EPA WITHOUT
FURTHER
NOTICE. INFORMATION COVERED
BY A CLAIM
OF
CONFIDENTIALITY WILL BE DISCLOSED BY EPA
ONLY
TO THE EXTENT,
AND
BY
MEANS OF THE PROCEDURES,
SET FORTH IN
TITLE 40,
CODE OF FEDERAL’REGULATIONS, PART 2,41
C.F.R. 26902
et
seq.~SEPTEMBER1, 1976.
A
BUSINESS
CONFIDENTIALITY
CLAIM
COVERING
ALL
OR
PART
OF
THE
INFORMATJON
FURNISHED
IN
OR
WiTH
THIS
APPLICATION
MAY
BE ASSERTED
BY PLACING
ON (OR ATTACHING
TO) THE
INFORMATION AT
THE
TIME
IT IS SUBMITTED
TO
EPA,
A COVER SHEET
STAMPED
OR
TYPED
LEGEND,
OR
OTHER SUITABLE
FORM
OF
NOTICE EMPLOYING
LANGUAGE SUCH AS
“TRADE
SECRET,”
“PROPRIETARY,”
OR
~‘COMPANY
CONFIDENTIAL.” ALLEDGEDLY
CONFIDENTIAL PORTiONS OF OTHERWISE
NON-CONFIDENTIAL
DOCUMENTS
SHOULD
BE CLEARLY
IDENTIFIED,
AND
MAY
BE
SUBMITTED
SEPARATELY
TO
FACILITATE
IDENTIFICATION
AND
HANDLING
BY
EPA.
IF
THE
APPLICANT DESIRES
CONFIDENTIAL
TREATMENT ONLY
UNTIL
A CERTAIN
DATE OR
UNTIL THE OCCURRENCE OF A CERTAIN EVENT, THE NOTICE SHOULD SO STATE.
Application
is
hereby
made
for
certification of
the
pollution
control
facility
described
herein.
The
following
information
is
submitted
in
accordance
with
provisions
of Part
20 of Title 40
of the Code
of
Federal
Regulations
and to
the best
of my knowledge
and
belief is true
and correct.
APPLICANT
Dynegy Midwest Generation, Inc.
DATE
April 22, 2003
STREET ADDRESS, CITY,STATE, ZIP CODE
‘
1000 Louisiana,
Suite 5800
Houston, Texas
77002
-
.
.
Director, Environmental
,
NOTE:
READ ACCOMPANYING INSTRUCTIONS CAREFULLY PRIOR TO COMPLETING FORM.
‘
EPA
Form
3300—1
(Rev.
8—77)
PREVIOUS
EDITION
IS
OBSOLETE
PAGE
1 0F5
ORIGINAL
U.S.
GOVERNMENT
PRINTING
OFFICE:
1977—729—Ole
SECTION
A. IDENTITY AND
LOCATION
OF CONTROL FACILITY
Form Approwod
0MB
No.
158—R0013
1.
FULL BUSINESS NAME OF
APPLICANT
DynegyMidwest Generation, Inc.
,
‘
2.
TYPE OF OWNERSHIP
D
INDIVIDUAL
0
OTHER
(Describe)
0
PARTNERSHIP
El
CORPORATION
3.
PERSON TO CONTACT REGARDING THIS APPLICATION
(Nameand
Title)
TELEPHONE
Starla Lacy,
Director,
Environmental
713-767-8961
ADDRESS
(Stree4
City,
State, Zip Code)
1000 Louisiana, Ste 5800,
Houston, TX
77002
4.
PERSON
AUTHORIZED
TO
RECEIVE
CERTIFICATION
(Name and Title)
Donna Redmon
TaxManager
ADDRESS
(Street,
City, State, Zip Code)
1000 Louisiana, Ste
5800,
Houston,
TX
77002
5.
BUSINESS NAME OF
PLANT
(Ifdifferentfrom Item 1) (Street,
City, State, Zip Code)
‘
6.
APPLICANT’S
EMPLOYER
Hennepin Power Station
IDENTIFICATION NO.
R.
R.
#1, Box 200AA, Hennepin, IL
61327
37-1385459
SECTION B
-
DESCRIPTION O1~CONTROL FACILITY
1.
DESCRIBE THE
FACILITY
FOR WHICH CERTIFICATION
IS SOUGHT. INCLUDE TYPE OF EQUIPMENT, MANUFACTURER
AND
MODEL
NUMBER. SUBMIT DESIGN CRITERIA.
ENGINEERING
REPORT AND/OR PERFORMANCE
SPECIFICATIONS WHICH DESCRIBE
FUNCTION AND
OPERATION OF FACILITY:
Refurbishment of Hennepin Power Station Units
1 & 2 electrostatic precipitator to improve collection and
operation.
The refurbishment includes:
• Installation of spacerbars; and
• Replacement ofrappexs.
2.
IS FACILITY
IN OPERATION?
A.
IF “YES”
DATE
FACILITY
B.
IF
“NO” DATE
FACILITY
3.
IF
FACILITY
CONSISTS
OF A
-
WAS PLACED IN
OPERATION
IS EXPECTEDTO
BE
BUILDING,
IS ITEXCLLSIVE-
El
YES
El
NO
.
PLACED
IN OPERATION
LY FOR CONTROLOF
POLLU-
Apnl 2001
‘
TION?
n
YES
El
NO
4.
DOES THE
FACILITY
(installed
after December 31, 1975 ONLY)
AFFECT THE
OPERATING
UNIT
(of
the
plant
or
other
propertyin connec-
tion with which the facility is.used)
MOST DIRECTLY ASSOCIATED
WITH THE FACILITY
IN ANY
OF
THE
FOLLOWiNG WAYS?
INCREASE THS
OUTPUT OR CAPACITYD
YES
ElNO
EXTEND
THE
USEFUL LIFE?
El
Y~S
ElNo
REDUCE THE TOTAL OPERATING
COSTS?
El
YES
El
NO
a.
IF TIE
ANSWER TO ANY
OF THE
ABOVE
IS “YES”
IS THE PERCENTAGE
BY WHICH THE
OPERATING
UNIT WAS
EFFECTED
OR ~
LESS
b.
IF N:3NE
OF
THE
FOREGOING
INCREASES, EXTENSIONS,
OR
REDUCTIONS
EXCEEDING
5
STATE THE
RATIONALE
AND
FURNISH THE
DATA
USED TO ARRIVE
AT THE
PERCENTAGE(S) GIVEN
IN
RESPONSE TO
ITEM 4(a).
SECTION C. DESCRIPTION OF COMMERCIAL PROCESS OR
ACTIVITY
1.
DESCRIBE
PROCESS OR ACTIVITY
IN
CONNECTION
WITH WHICH
FACILITY
IS OR WILL BE
USED.
Electric Generating Unit
2. STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE NUMBER
4911
3.
DATE
ThAT
EACH PLANT
OR OTHER
PROPERTY
IN
CONNECTiON WITH WHICH FACIUTY IS
OR WILL
BE
USED. COMMENCE OPERATiON.
PLANTORPROPERTY
DATE
A.
Hennepin Power Station, Uniti/Unit 2
June
1953/May
1959
B.
C.
EPA Form 3300—1 (Rev. 8—77)
OR)GINAL
PAGE 2 OF 5
*
U.S.
GOVERNMENT
PRINTING
OFFICE:
1977..729..62O
Form.
Appro’#ed
0MB No.
158—R~O13
SECTION C
-
DESCRIPTION
OF COMMERCIAL PROCESS OR ACTIVITY
4A.
-
IF
FACILITY
IS OR WILL
BE
USED
IN
CONNECTION WITH MORE
THAN ONE
PLANT OR PROPERTY,
AND
IF ONE
OR MORE
OF THE
PLANTS OR PROPERTIES
IN
CONNECTION WITh
WHICH THE FACILITY
IS OR WILL
BE
USED WAS NOT
IN OPERATION
PRIOR
TO
JANUARY
1, 1976, STATE
THE PERCENTAGE
OF THE
COST OP
FACILITY WHICH
IS
ALLOCABLE TO THE
PLANT(S)
OR
PROPERTY(IES)
IN
OPERATION PRIOR TO THAT DATE.
N!i~
48.
DESCRIBE THE
REASONING AND
FURNISH
THE
DATA USED TO ARRIVE
AT THE
PERCENTAGE
GIVEN
IN
RESPONSE TO
ITEM 4(A).
N/A
.
5A.
IF
FACILITY PERFORMS A FUNCTION
OR
FUNCTIONS IN ADDITION TO THE
ABATEMENT OF
POLLUTION, STATE
THE
PERCENTAGE
OF
THE
COST
OF
FACILITY
ALLOCABLE
TO THE
ABATEMENT
OF
POLLUTION.
N/A
5B.
DESCRIBE
THE
REASONING
AND FURNISH THE
DATA USED TO
ARRIVE
AT THE PERCENTAGE GIVEN IN RESPONSE TO
ITEM
5(A).
N/A
SECTION D-
WASTEWATER
CHARACTERISTICS (To
be
completed
only
in connection with
facilities
for
the control of water
pollution)
DESCRIBE
ThE
EFFECT-OF POLLUTION CONTROL FACILITY
IN TERMS OF
QUANTITY
AND
QUALITY OF EMISSION
AND
OF
WASTES
OR
BY.PRODUCTS
REMOVED,
ALTERED,
DISPOSED
OF,
OR
PREVENTED.
IF FEASIBLE, ATTACH~~
PROCESS FLOW OR SCHEMATIC DIAGRAM WITH MATERIAL
BALANCES OF THE
WASTE OR WASTEWATER STREAM
OR
DISCHARGE.
REPORT EITHER ON ACTUAL
BASIS OR, IF FACILITY
IS NOT YET IN OPERATION, ON DESIGN
BASIS
(Use
Standard
Units
—
pounds/gallon,
~yams/liter,ppm, etc.).
-
1. HOURS
PLANT
OR
PROPERTY IS
IN OPERATION:
a.
Per Month:
Mm.
Max.
Avg.
•
b.
Per Year:
Mm.
Max.
Avg.
2.
WASTEWATER
DISCHARGE
IN
(A)
GALLONS PER
MINUTE, (B)
MIL-
LIONS OF GALLONS
WITHOUT POLLUTION
CONTROL FACILITY
WITH
POLLUTION
CONTROL FACILITY
-
a.
Mi,,.
Max.
—
Avg.
.
b.
Mm.
Max.
Avg.
I
Mi,,.
—
Max.
Avg.
.
Mm.
Max.
Avg.
3.
POLLUTANTS OR WASTE PRODUCTS
.
3..
Mm.
Max.
-
Avg.
Mm.
—
Max.
Avg.
3.b
Mm.
Max.
Avg.
.
Mm.
Max.
Avg.
3.c
-
Mm.
Max.
Avg.
Mm.
Max.
Avg.
3.d
Mm.
Max.
Avg.
Mm.
Max.
Avg.
3.0
Mm.
Max.
Avg.
Mm.
Max.
Avg.
3.f
Mm.
Max.
Avg.
Mm.
—
Max.
Avg.
S.g
Mm.
Max.
Avg.
Mm.
Max.
Avg.
3.h
Mm,,.
Max.
—.—.....—-...
Avg.
Mm.
Max.
Avg.
3.1
Mm.
Max.
Avg.
Mm.
Max.
Avg.
3.j
Mm.
Max.
Avg.
Mm.
Max.
Avg.
EPA
Form 3300—1
(Rev.
8—77)
ORIGINAL
PAGE 3 OF 5
*
U.S
GOVERNMENT
PRINTING
OFFICE:
1977—729—621
Form Approved
0MB
No.
158-R0013
4.
DESCRIBE
METHOD (GRAB OR
COMPOSITE) AND
FREQUENCY
OF SAMPLING
AND
METHODS
USED TO
DETERMINE
QUANTITIES
OF POLLUTANTS.
5.
IS FACILITY
A PRETREATMENT
FACILITY
TO PREPARE WASTEWATER
FOR
RECEIPT BY ANOTHER
FACILITY,
PUBLIC 0
PRIVATE,
FOR FURTHER
TREATMENT?
IF
“YES”, SKIP
ITEMS 6,7 AND 8 AND
IDENTIFY
RECEIVING
FACILITY.
DYES
1.40
6.
IDENTIFY THE
BODY OR
STREAM OF WATER
INTO WHICH WASTEWATER FROM THE
PLANT OR
PROPERTY,
IN
CONNECTIONJ
WITH WHICH THE
FACILITY
IS USED, IS OR
WILL
BE
DISCHARGED.
N/A
7.
DESCRIBE
LOCATION
OF
DISCHARGE
OR
OUTFALL WITH
RESPECT TO
RECEIVING
WATERS.
8.
IS THE RECEIVING
BODY OR STREAM OF WATER A NAVIGABLE
WATERWAY OF
THE
UNITED
STATES ORATRIBUTARYTHEREOF?
DYES
D
NO
IF “NO,”
PROCEED TO
ITEM 9.
A.
IF
“YES” HAS A
U.S. ARMY
CORPS OF
ENGINEERS
DISCHARGE
PERMIT
BEEN
APPLIED FOR?
DYES
0
NO
IF “NO,”
EXPLAIN,THEN PROCEED
TO ITEM 9.
B.
IF ANSWER
TO ITEM
8A
IS
“YES”
HAS A U.S. ARMY CORPS OF
ENGINEERS DISCHARGE
PERMIT
BEEN
ISSUED?
D
YES
0
NO
(1)
IF “YES,” ATTACH
COPY OR
PROVIDE PERMIT NUMBER
______________
OMIT ITEM 9.
(2)
IF “NO,”
EXPLAIN, GIVING
DATES OF ANY
OFFICIAL ACTION WITH
RESPECT TO APPLICATION.
9.
IF ITEM 88 HAS NOT BEEN ANSWE RED “YES,” IDENTIFY
APPLICABLE STATE
AND LOCAL WATER POLLUTION
CONTROL
REQUIREMENTS AND STANDARDS.
SECTION F~EMISSIONCHARACTERISTICS
(To becompletedonly in
connection with
facilities
for the control
of air
pollution)
DESCRIBE THE
EFFECT OF POLLUTION CONTROL FACILITY
IN TERMS OF QUANTITY
AND
QUALITY OF EMISSION
AND
OF
EMISSION
AND
OF
WASTES
OR
BY-PRODUCTS REMOVED,
ALTERED,
DISPOSED OF, OR PREVENTED.
IF FEASIBLE,
ATTACH PROCESS FLOW bR SCHEMATIC
DJAGRAM WITH MATERIAL
BALANCES OF POLL-UTAN-TS IN THE EMISSION
STREAM. REPORT EITHER ON ACTUAL BASIS, OR, IF FACILITY
15 NOT YET IN OPERATION,
ON DESIGN
BASIS.
1.
HOURS PLANT OR
PROPERTY IS
IN OPERATION:
a.
Per Month:
Mmn.
0
Max.
._2~±..
Avg.
b.
Per Year:
~
Max.
8,300
Avg.
7,400
2. POLLUTANTS TO
BE
CONTROLLED
(Specify each)
0
Particulate,
-
b.
C’
d.
3. VOLUMETRIC
FLOW
RATE OF
EMIS-
SION
(actual
cubic
feet/m,nute)
WITHOUT POLLUTION
CONTROL FACILITY
WITH POLLUTION
CONTROL FACILITY
Mj,,.
M~c~9’70°
A2~9’77°
at
326
O~
—
—
.
Mm.
M~?9’70°
A~.°’77°
at
326
4.
CONCENTRATION
(in volume
of
gaseouscomponents)
~
a.
Mmn._Max._Avg._at
°F
Mmn._Max._Avg._at
—
b.
MIn._Max._Avg_at
°F
Mmn......._...Max._Avg._at_
OF
C.
Min.........,.. Max._Avg._
at
°F
.
.
.
Min._
Max._.....,Avg....._at
—
F
d.
Min._
Max.......Avg._
at
°F
Min.._.....,..Max._Avg._at
—
5.
CONC~NTRATION
a~r5I~l~e
ee
0
,,wtter)
6.
CONC~NTRATION
(gi’a
ins/cubic feetof
aisy
specific particu.
late listed
in E.2aba’e)
Mmn._
Max._Avg._
at
°F
Min._Max._Avg._
at
°F
.
Mio._
Max._Avg._
at
—
.
Mmn._
Max._Avg._ot
—
,
EPA
Form 3300—1
(Rev.
8—77)
ORIGINAL
PAGE 4 OF
5
*
U.S.
GOVERNMENT
PRINTING
OFFICE:
I977~729—622
7. oESCRIBE
METHOD OF DETERMINING
RATES, CONCENTRATION
AND CHARACTERISTICS OF EMISSIONS.
Volumetric flowrate is reported as presented in the
CAAPP
Title V permit application.
Form
Approved
0MB No.
158-.-R0013.
Concentration (grains/cubic feet) without pollution control facility was calculated using AP-42 emission
factor with coal data, and flow data from the latest particulate
emission stack test.
Concentration (grains/cubic feet) ~dthpollution control facility is taken from the latest particulate emission
stack test.
The minimum, maximum, and average were taken from the three test runs.
B. IDENTIFY APPLICABLE STATE AND LOCAL AIR
POLLUTION
CONTROL
REQUIREMENTS
AND STANDARDS.
35
Illinois Administrative Code212
SECTION
F
.
COST
INFORMATION
(See Noteto
instructions
for
this section)
1.
ISTHERE ANY BY-PRODUCT OR MATERIAL WHICH,WITHOUT THE
CONTROL FACILITY.
WOULD BE
LOST AND WHICH
IS
RECOVERED THROUGH
THE USE OF THE
FACILITY?
DYES
~JNO
A.
IF YES, IDENTIFY
0
B.
INDICATE
THE
DISPOSITION
OF
EACH TYPE
OF
RECOVERED
MATERIAL,
INCLUDING
IF APPLICABLE, THE SALE OR
SIMILAR DISPOSITION
OF
RECLAIMED OR
RECOVERED
MATERIAL TO
INDUSTRIAL WASTE
RECOVERY
FIRMS OR OTHERS.
0
2.
ANNUALCOST
RECOVERY
A.
MATERIALRECOVEREDANDSOLD
0
-
$
N/A
B;
OTHER
$
N/A
C.
TOTAL
0
$
N/A
3. TOTAL AVERAGE ANNUAL MAINTENANCE AND OPERATING COSTS
(Notapplicableif no cost recovery is reported in Item2)
$
N/A
EPA
Form
3300—1
(Rev.
8—77)
ORIGINAL
PAGE 5 OF 5
~PR—1Q-2003
THU
02:03
PN
DYNEGY
1’IIDWEST
F~X
NO,
2178723550
P.
02
ILLINOIS POLLUTION CONTROL BOARD
April
3, 2003
DY~EGY
M DWEST GENERATION,
LLC
)
(Refurbished Electrostatic Precipitator Unit
I
)
•~
~(Property
Identification Number -01-27-
)
i0Q~OOO)),
)
)
Pçtitiorier,
)
)
V.
)
PCBO3-171
)
(Tax Certification)
JLUNOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
)
Respondent.
)
10
•
•.9RDER
OF THE BOARD (byT.E.
Johnson):
Oi~
March 31, 2003, the Illinois Environmental Protection Agency (Agency)
recornmende4 that the
Board
certify
certain
facilities ofD~egy
Midwest Generation, LLC
•(Dynegy Midwest)
as
“pollutioncontrol facilities” for preferential
tax
treatment under the
~ro~ertyTax Code.
35 ILCS
200/1 1~5
esseq.
(2002).
The Agency filed the recommendation
~nd~rPart
125 oftheBoard’s
procedural rules. 35 Iii.
Adm. Code 125.
In this order, the
Board
~es~ibes the
~ga~framework
for tax certifications, discusses the Agency’s recommendation,
~ndfertifi~s
that
DynegyMIdwest’s facihties are pollution control
facihties
LEGAL FRAMEWORK
-
00~
Under~the
Property Tax Code,
“it
is the
policy ofthis State that pollution control
~acj~tiesshouid be valued,, at 33
1/3
of the faircash value oftheir economic productivity to
~iejrowners.’~
35
ILCS 200/lI-S (2002);
see also 35
IlL Mm. Code 125.200(a)(2).
“Fortax
purppses, pollution control
facilities
shall be
certified
as such by the Pollution Control
Board
and
~jiai4beassess,ed by. the Department
(of 1~evenue.”
35
ILCS 200/11-20 (2002);
see also
35 III.
•~ Code l~5.200(a).
Under
Section
125.202 ofthe Board’s procedural rules, a person maysubmit an
a~pplicationfo~
tax
certification
to the Agency.
35
Ill.
Admix. Code .125202.
Ifthe Agency
r~çcc~ves
a tax certification application, the Agency must file with the Board a recommendation
0
c~n
the appiica~jon,
unless the applicant withdraws the application.
35 Ill. Actin. Code
125.204(a).
4m~ng
other.hings, the Agency’s filing must recommend that the Board issue ordeny tax
c~er4flcation
~5
Ill
Mm
Code 125 204(a)(4)
Ifthe Board finds “that the claimed facility Or
r~1ev~ant
pgrtu~n
thereof
is
a pollution
control
facility
,
the
Pollution
Control
Board
shall
e~itc~a
frn~ingand
issue a certificate to
that effect.”
35
ILCS 200/11-25 (2002);
see also
35
111.
4dn~Code
125 216(a)
~
•
~.
t
0
~PR~10—2003
THU
02:03
PM
DYNEGY
MIDWEST
F~XNO.
2178723550
P.
03
2
AGENCY.RECOMMENDATION
The Agency states that it received a tax
certification application from Dynegy Midwest
on September
16, 2002.
Agency Recommendation (Agency Rec.) at
1.
On March 31,2003, the
Agency filed a recommendation on the application with the Board.
The Agency’s
recommendation identifies the facilities at issue:
Refurbishment ofElectrostatic Precipitator
Unit I & 2.
Agency Rec. at 1.
The Agency’s recommendation further describes the facilities:
forpartictilate collection and operation.
Id.
at 1-2.
The Agency’s recommendation also
identifies the location of the facilities:
R..R.
1, Box 200AA, Hennepin, Putnam County.
Id.
at
1.
The Agency recommends that the Board certif~’
that the identified facilities are pollution
control facilities as defined in Section
11-10 ofthe Property Tax Code (35 ILCS 200/11-10
(2002)) because theprimary
purpose
ofthe facilities is eliminating, preventing, orreducing air
pollution.. .Agency Rec. at 2.
TAX
CERTIFICATE
Th~
Board finds and certifies that Dynegy Midwest’s
facilities
identified in this order are
pollution cQntrol facilities under the Property Taic Code.
35 ILCS
200/11-10 (2002).
Under
Section 11-25 ofthe Property Tax
Code, the effective
date ofthis certificate is “the date of
application~
forthe certificate or the date ofthe construction ofthe facility, whichever is
later.”
35 ILCS 290/11-25 (2002);
see also
35
111. Adm. Code
125.216(a).
Section
125,216(d) ofthe
Board’spr9cedural rules
states
that the Clerk “will provide the
applicant
and the Agency with a
copyoftheBoard’s order setting forth
the Board ‘sfindings
and certifIcate,
4!
any.”
35
111 Adm.
Code 125.~i6(d)
(quoting in italics 35
ILCS 200/11-30 (2002)).
The Clerk therefore will
provideDynegy Midwest and the Agency with a copyofthis order.
IT IS SO ORDERED.
.
Section 41(a) ofthe Environmental Protection Act providesthat final Board ordersmay
be appealed directly to
the flhinois Appellate
Court within
35 days afterthe
Board serves
the
order.
415~ILCS
5/41(a) (2002);
see also
35
111. Mm. Code I0l.300(d)(2), 101.906, 102.706.
Illinois Supreme Court Rule 335 establishes filing requirementsthat
apply
when the Illinois
Appellate court,by statute, directly reviews administrative orders.
172
111. 2d R.
335.
The
Board’s procedural rules provide that motions for the Board to reconsideror mothf~
its final
orders
maybe filed with the Board within 35
days after the order is received.
35
111. Adm. Code
101.520;
see also 35
IlL Adin. Code 101.902,
102.700,
102.702.
I, Dorothy M. t3unn, Clerkof the Illinois Pollution Control Board,
certify.that
the Board
adopted the above order on April 3, 2003, by a vote of7-0.
____
00
Dorothy
M.
Gurm,
Clerk
Illinois Pollution Control Board
PROOF OF SERVICE
I,
the.
undersigned,
certify
that
I
have
served
the
attached
APPEARANCE
AND
RECOMIMENDATION upon the person to
whom it is directed, by placing them in an envelope
addressed to:
TO:
Dorothy Gunn, Clerk
0
Illinois Pollution Control Board
State. OfIllinois Center
100 W. Randolph Street, Suite
1 1-500.
Chicago,. Illinois 60601.
Steve Santarelli
Illinois Department ofRevenue
101
West Jefferson
P.O. Box
19033.
Springfield, Illinois, 62794.
Donna Redmon
Tax Manager
0
DynegyMidwest
Generation, Inc.
1000 Louisiana, Suite.
5800.
•
Houston, Texas 77002.
and mailing it by. First Class Mail,from Springfield,
Illinois. on October 14, 2003, with sufficient
postage
affixed..
Robb
H. Layman
Special Assistant Attorney General
ARDC.
#6205498.
THIS.FIIJNG IS. SUBMITTED
ON RECYCLED. PAPER
