1. APPEARANCE
      2. P.O. Box 19276
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Dynegy Midwest Generation, Inc.
)
RapperAddition to Unit
5
Electrostatic
)
Precipitator
)
A
)
PCB
Property Identification Numbers
)
(Tax Certification)
CJ(J.f
9-1-08-19-00-000-002
)
s~.
6
03
9-1-08-19-00-000-006
)
~
Op~
19-1-08-20-00-000-010
))
1/Of?
C017
NOTICE
TO:
Dorothy Gunn, Clerk
DonnaRedmon
Illinois Pollution Control Board
Tax Manager
State ofIllinois Center
Dynegy Midwest Generation, Inc.
100 W. Randolph Street, Suite 11-500
1000 Louisiana,Suite 5800
Chicago, Illinois 60601
Houston, Texas 77002
Steve Santarelli
Illinois Department ofRevenue
101 West Jefferson
P.O. Box 19033
Springfield, Illinois 62794
PLEASE TAKE NOTICE that I have today filedwith the Office of the Pollution Control
Board the APPEARANCE AND RECOMMENDATION of the Illinois Environmental
Protection Agency, a copy ofwhich is herewith served upon you.
Date: October 14, 2003
Robb H. Layman
-
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
THIS FILING IS SUBMITTED
TDD:
217/782-9143
ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Dynegy Midwest Generation, Inc.
)
C/
~
Rapper Addition to Unit
5
Electrostatic
)
/j’
Precipitator
PCB
~‘/~-59~
~
Property Identification Numbers
)
(Tax Cerificatio~//~,0~
9-1-08-19-00-000-002
)
9-1-08-19-00-000-006
S
)
19-1-08-20-00-000-010
)
)
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
—\ ,
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Ci ~
~‘
~
S
S
SS
Dynegy Midwest Generation, Inc.
)
~‘
6~
Rapper Addition to Unit
5
Electrostatic
)
Precipitator
)
PCBO
Property Identification Numbers
)
(Tax Certification)
9-1-08-19-00-000-002
)
9-1-08-19-00-000-006
)
19-1-08-20-00-000-010
)
)
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 ofair pollution
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 ill. Adm. Code 125.204, and noted the request as log
numberTC-03-04-29B. (Exhibit A).
2)
The applicant’s address is:
Donna Redmon
Tax Manager
DynegyMidwest Generation, Inc.
1000 Louisiana
Suite 5800
Houston, Texas 77002
3)
The air pollution control facilities in this request are located at #1 Chessen Lane, Alton,
Madison County and consist ofthe following:
Rapper addition to Unit
5
Electrostatic Precipitator whose primarypurpose is to
improve particulate collection and operation. Because the primarypurpose ofthis
system is to reduce or eliminate air pollution, it is certified as a pollution control
facility.
4.
Section 11-10 ofthe Property Tax Code,
35
ILCS 200/11-10 (2000), defmes “pollution
control facilities” as: “any system, method, construction, device or appliance appurtenant
thereto or any portionof any building or equipment, that is designed, constructed,
installed or operated for the primary purpose of: (a) eliminating, preventing, or reducing
air or water pollution
. .
.or (b) treating, pretreating, modifying or disposing ofany
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, orto property.”
5.
Pollution control facilities are entitled to preferential tax treatment, 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 engineering judgment that the
described facilities maybe considered “pollution control facilities,” pursuant to 35 111.
Adm. Code 125.200(a), with the primary purpose ofeliminating, preventing, orreducing
air pollution, 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 Grand Ave. 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 OFFICE, 1977—72a—177
Form Approved
0MB No. 15&—R0013
ENVIRONMENTAL PROTECTION AGENCY
ISTATE
Illinois
NOTICE OF STATE CERTIFICATION
S
(Pursuant to Section 169 of the Internal Revenue
jWATER OR AIR POLLUTION CONTROL AGENCY CR
Code
of 1954, as amended)
1AUTHORITY
Environmental Protection
Agency
It is hereby certified that the control facility describcd in the attached application is in conformity with State
and local programs and
requirements for the control of
~
water pollution ~
air
pollution, as required by section 169 of the
Internal
Revenue Code of 19~4, as
amended, and regulations
issued thereunder. According to the applicant,
this
controlfacility
El
was
placed ~
will
be placed in operation on
May20, 2001
,
19
In the
case
of control facility not yet in operation, this notice is certification only that the control facility, if constructed
and
operated
in accordance with the application, will be in conformity with State
and
local programs or requirements for abatement or control of water or
air pollution.
S
1. NAME OF APPLICANT
Dynegy
Midwest Generation, Inc.
a.
PERSON AUTHORIZED TO RECEIVE CERTIFICATION
Donna Redmon
ADDRESS
(Street,
City,
State, Zip Code)
2828 North Monroe Street
Decatur IL 62526
5
TITLE
Tax Manager
ADDRESS
(Street, City, State, Zip Code)
S
1000 Louisiana, Ste 5800, Houston, TX 77002
3.
DESCRIPTION
OF CONTROL
FACILITY
S
S
S
Addition ofrappers to the Wood River Power. Station electrostatic precipitator to improve collection and
operation.
~.
LOCATION OFcONTROL FACILITY
(Street.
City, State,
Zip Code)
5.
RECEIVING BODY OR STREAM OF WATER, IF ANY
-
6. USE OFTHE
~e’.
i
~
FACIL.~. ~
..~ H~MEUY I~L..
~
1-OLLOWI
APPLICAULe.,-,....r...AN
OR
REQUIREMENTS FOR THE CONTROL OF
0
WATER POLLUTION
El
AIR POLLUTION.
S
35 Illinois Administrative Code 212
iSSUED
S
-
S
TillS
DAYOF
19
SIGNED
(Official of State AZency)
STATE CERTIFICATION NUMBER
TITLE
S
A
EPA Form 3300—2 (8—77)
A
U.S. GOVERNMENT PRINTING OFFICE~ 1977—ira—tie
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. 15S—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
EjIsc~Srtifled
O
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
iii
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
ag.).
This certification is based on fa4s furnished
by the applicant, and is valid for purposes
of
section 169 only to the extentthat such facts are complete and accurate.
I.
NAME
OF APPLICANT
ADD
RESS
(Street, City,
State,
Zip Code)
2828 NorthMonroe Street
Decatur, IL 62526
5
Dynegy Midwest Generation, Inc.
2. EMPLOYER IDENTIFICATION NUMBER
37-1385459
3. PERSON AUTHORIZED TO RECEIVE CERTI FICATION:
NAME
Donna Redmon
ADDRESS
(Street, City, Stare, Zip
Code).
,
1000 Louisiana, Ste 5800, Houston, TX 77002
S
TITLE
Tax Manager
4. DESCRIPTION OF CONTROL FACILITY
Addition ofrappers to the Wobd River Power Station electrostatic precipitator to improve collection and
operation.
S
-
-
5. LOCATION OF CONTROL FACILITY
(Street,
City, State, Zip
Code)
#1 Chessen Lane, Alton, IL 62024
5
5
6. EFFLUENT DISCHARGED TO
N/A
~.
THE CONTROL FACILITY IDENTIFIED HEREIN
El
DOES
D
DOES NOT GENERATE PROFITSTt-IROUGH THE RECOVEfiY
AND SALES
OF WASTES, OR OTHERWISE.
S
3. ThE
CONTROL FACILITY IDENTI
PIED
HEREIN
0
IS
El
IS NOT A BUILDING THE ONLY FUNCTI ON OF
WI-ItCH
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.
.J29
OF THE
AMORTIZABLE BASIS OF THE FACILITY IS ~LLOCADLE TO ITS USE IN CONNECTION WITH PLANTS OR PROP-
ERTIES THAT WERE IN SERVICE ON OR BEFORE DECEMBER 31,1975.
10.
El
A.THECONTROL FACILITY PERFORMS NO FUNCTION IN ADDITION TO THE ABATEMENTOR CONTROL OFPOLLUTION.
D B. —
OF THE AMORTIZABLE BASIS OF THE CONTROL FACILITY IS ALLOCABLE TO THE ABATEMENT OR CONTROL OF
POLLUTION.
S
ISSUED
S
THIS
OF________________
,
19
SIGNATURE
S
5
STATE CERTIFICATION NUMBER
TITLE
EPA Form 3300—3 (8—77)
.~U.S. GOVEI~NMENT PRINTING OFFICE: 1971—729—919
0MB
Form
No.Approved
158—
R0Q)3
S
ENVIRONMENTAL PROTECTION AGENCY
APPLICATION FOR CERTIFICATION OF POLLUTION CONTROL FACILITY
(Pursuant to Section 169 of the Internal Revenue Code
of 1954, as amended)
S
NO CERTIFiCATION MAY BE
MADE
UNLESS A COMPLETED APPLICATION FORM
HAS BEEN RECEIVED
(26 U.S.C.
§
169;
40 C.F.R.
PAJ~T20).
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. INFORMATIONCOVERED BY A CLAIM
OF
CONFIDENTIAJ.,ITY
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.. SEPTEMBER 1, 1976.
A BUSINESS CONFIDENTIALITY CLAIM COVERING
ALL
OR PART OF THE INFORMATION FURNISHED IN OR
WITH
TI-uS
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.
EPA Form 3300—) (Rev. 8—77)
PREVIOUS EDITION IS OBSOLETE
APPLICANT
S.
Dynegy Midwest Generation, Inc.
DATE
April 22,2003
5
-
SIGNATURE
~
~
STREETADDRESS,CITY,STATE,ZIPCOOE
1000 Louisiana, Ste 5800
Houston, TX 77002
5
TITLE
S
Director, Environmental
READ
L
ORIGINAL
PAGE 1 OF 5
U.S. GOVERNMENT PRINTING OFFICE: 1077—729—619
Form Approv.d
0MB No. 158—F~0O13
SECTION A -
IDENTITY AND LOCATION OF CONTROL FAC1LITY
S
1.
FULL BUSINESS NAME OF APPLICANT
Dynegy Midwest Generation, Inc.
2.
TYPE OF OWNERSHIP
0
INDIVIDUAL
0
OTHER
(Describe)
0
PARTNERSHIP
El
CORPORATION
S
3. PERSON TO CONTACT REGARDING THIS APPLICATION
(Name and Title)
TELEPHONE.
S
Starla Lacy, Director, Environmental
713-767-8961
ADDRESS
(Street, City, State, Zip Code)
-
1000 Louisiana, Ste 5800, Houston, TX 77002
5
-
4. PERSON AUTHORIZED TO RECEIVE CERTIFICATION
(Name and Title)
Donna Redmon
-
Tax Manager
ADDRESS
(Street, City. State, Zip Code)
1000 Louisiana, Ste 5800, Houston, TX 77002
5. BUSINESS NAME OF PLANT
(Ifdifferent from Item 1) (Street, city, State, ZIp Code)
6.
APPLICANT’S
EMPLOYER
Wood River Power Station
IDENTIFICATION NO.
#1 Chessen Lane, Alton, IL 62024
S
37-13
85459
S
SECTION B
-
DESCRIPTION
OF ~0NTROL 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.:
-
S
.
-
Addition ofrappers to the Wood River Power Station electrostatic precipitator to improve collection and
operation.
S
S
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 EXPECTED TO BE
BUILDING, IS ITEXCLL.EIVE-
El
YES
. DNO
PLACED IN OPERATION
LV FOR CONTROLOF POLW.
May,2001
-
TION?
0
YES
DNO
4. DOES THE FACILITY
(insta lied after December 31, 1975
ONLY)
AFFECT
THE
OPERATING UNIT
(of the plant or other property in connec-
tion with which the facility is.used)
MOST DIRECTLY ASSOCIATED WITH THE FACILITY IN ANY OF THE FOLLOWING WAYS?
INCREASE THE OUTPUT OR CAPACITYOYES ElNo EXTEND THE USEFUL LIFE?
0
YES
El
NO
REDUCE THE TOTAL OPERATING COSTS? ~ YES
El
NO
a. IF THE ANSWER TO ANY OF THE ABOVE IS “YES” IS THE PERCENTAGE BY WHICH THE OPERATING UNIT WAS EFFECTED
5
OR
0
LESS
-
b. IF NONE OF THE FOREGOING INCREASES, EXTENSIONS, OR REDUCTIONS EXCEESDJNG_5STATE 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
5
3.
DATE THAT EACH PLANT
OR OTHER PROPERTY IN CONNECTION
WITh WHICH FAC1UTY IS ORW1tL
BE tEED,
COMMENCE OPERATION.
PLANTOR PROPERTY
S
DATE
A.
Wood River Power Station-Unit
5
S
July 1964
B.
C.
S
EPA Form 3300—1 (Rev. 8—77)
ORIGINAL
PAGE 2 OF 5
* U.S. GOVERNMENT PRINTING OFFICE: 1977—729—620
SECTIONC.. DESCRIPTION OF COMMERCIAL
PROCESS
OR ACTIVITY
Form Approved
0MB No.
158—R0013
4A. IF FACILITY IS OR WILL BE USED IN CONNECTION WITH MORE THAN ONE PLANT OR PROPERTY, ANP IF ONE OR MORE OF THE
PLANTS OR PROPERTIES IN CONNECTION WI’rH WHICH THE FACILITY IS OR WILL BE USED WAS NOT IN OPERATION PRIOR TO
JANUARY 1,1976, STATE THE PERCENTAGE OF THE COST OF FAClLITY WHICH IS ALLOCABLE TO THE PLANT(S) OR
PROPERTYCIES) IN OPERATION PRIOR TO THAT DATE.
S
ESCRIBE THE REASONING AND FURNISH THE DATA USED TO ARRIVE AT THE PERCENTAGE GIVEN IN RESPONSE TO
ITEM 4(A).
N/A
S
-
SA. 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.
WA
53. DESCRIBE THE REASONING AND FURNISH THE DATA USED TO ARRIVE AT THE PERCENTAGE GIVEN IN RESPONSE TO
ITEM 5(A).
N/A
-
.
-S
-
SECTION D . WASTEWATER CHARACTERISTICS (To be completed only in
connection with facilitiea
for
the control of water pollution)
DESCRIBETHE 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, AT7ACH
PROCESS FLOW OR SCHEMATIC DIAGRAM WITH MATERIAL BALANCES OF THE WASTE OR WASTEWATE.R STREAM
OR DISCHARGE. REPORT EITHER ON ACTUAL BASIS OR, IF FACILITY IS NOT YET IN. OPERATION, ON DESIGN
BASIS
(Use Standard Units
—
pounds/gallon, grams/liter, ppm, etc.).
‘
S
S
-
1. HOURS PLANT OR
PROPERTY IS
IN OPERATION:
a. Per Mànth: Mm.
Max.
—
Avg.
S
-
S
-
b. Per Year:
MIn.
Max.
Avg.
-
2.
WASTEWATER
DISCHARGE IN
(A) GALLONS
PER
MINUTE,
(B) MIL.
LIONS
OF
GALLONS
WITHOUT POLLUTION CONTROL FACILITY
WITH POLLUTION CONTROL FACILITY
-
.
a. Mm.
-
Max.
Avg.
-
b.
Mm.
Max.______ Avg.
-S
Mm.
Max.
Avg.
~
Mm.
Max.
Avg.
3. POLLIJTANTSOR WASTE PRODUCTS
S
3.a
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.e
Mm.
Max.
Avg.
-
MIn.
Max.
Avg.
3.f
Mm.
Max.
Avg..
Mm.
Max.
Avg.
-
3.g
Mm.
Max.
Avg.
Mm.
Max.
Avg.
3.h
Mm.
Max.
Avg.
MIn.
Max.
Avg..
S
3.1
Mm.
Max.
Avg.
Miii.
Max.
Avg.
3.1
Mm.
Max.
Avg.
Miii.
.
Max.
.
Avg.
EPA Form 3300—i (Rev. 8—77)
ORIGINAL
PAGE 3 OF 5
* U.S. GOVERNMENT PRINTING OFFICE: 977..729—621
5
.
Form
0MB
No.
Approved
158—R~O13
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
NO.
6. IDENTIFY THE BODY OR STREAM OF WATER INTO WHICH WASTE WATER FROM THE PLANT OR PROPERTY, IN CONNECTION
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 OR ATRIBLITARY ThEREOF?
DYES
ONo
IF”NO,”PROCEEDTOITEM9.
A. IF “YES” HAS A U.S. ARMY CORPS OF ENGINEERS DISCHARGE PERMIT BEEN APPLIED FOR?
DYES 0
NO
EXPLAIN,THEN PROCEED TO ITEM 9.
IF “NO,”
B. IF ANSWER TO ITEM.BA IS “YES” HAS A U.S. ARMY CORPS OF ENGINEERS DISCHARGE PERMIT BEEN ISSUED?
0
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 SB HAS NOT BEEN ANSWERED “YES,”
IDENTIFY APPLICABLE STATE AND LOCAL WATER POLLUTION CONTROL
REQUIREMENTS AND STANDARDS.
SECTION F -
EMISSION
CHARACTERISTICS (To be completed only-rn connection
with
facilities for thecontrol
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 OR SCHEMATIC DIAGRAM WITH MATERIAL BALANCES OF POLLUTANTS IN THE EMISSION
STREAM. REPORT EITHER ON ACTUAL BASIS, OR, IF FACiLiTY IS NOT YET IN OPERATION, ON DESIGN BASIS.
1. HOURS PLANT OR PROPERTY IS IN OPERATION:
a. Per Month: Miii.__0
MaX.
.J~±..
Avg. ~ZL
-
b.
Per Year:
Mlii. 3,400
Max. 8,300 Avg.
2. POLLUTANTS TO
BE CONTROLLED
(Specify each).
.
a.
-
Particu!at~s
-
b.
C.
-
d.
S
3. VOLUMETRIC FLOW
RATE OF EMIS-
SION
(actual cubic
WITHOUT POLLUTION CONTROLFACILITY
WITH POLLUTION CONTROL FACILITY
S
Mhn._Max.._A~!~82at
329
OF
Mjn._Max._A~~2at
~
4.
CONCENTRATION
(in volume of
gaseouscomponents)
S
a.
Min._Max._Avg........_at_
°F
Mun............Max._Avg._at
........_..
°F
b. MIn..............Max._Avg_ at—
0F
Mun._Max._Avg._at
—
OF
-
c. Min._Max._Avg......_.at_
°F
S
Min._Max._Avg._at_
OF
d. Min._ Max._Avg._
at
—
°F
Mmn........_.
Max......~....Avg._
at
5. CONCENTRATION
(tjjain*u~cfeet of
matter)
Mun._ Max._Av~±~....at...!~... °F
S
Min,_..._.. Max._Avg.....__. at
...~!_.
OF
6. CONCgNTRATION
(grains/cubic feet of
any specific parricu-
late listed in 8.2 above)
Mun._Max.____... Avg._ at______ °F
S
Mun._ Max.
at —
OF
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EPA Form 3300—I (Rev. 8—77)
PAGE 4 OF 5
OR IGINAL
* U.S. GOVERNMENT PRINTING OFFICE:
1077—7za—62z
7. DESCRIBE METHOD
OF DETERMINING RATES, CONCENTRATION AND CHARACTERISTICS OF EMISSIONS.
Volumetric flow rate is from the latest particulate emission stack
test.
Form Approved
0MB No. I58—ROC13
Concentration (grains/cubic feet) without pollution control facility was calculated using AP-42 emission
factor with coal data, and flow data from the particulate emission stack test.
S
Concentration (grains/cubic feet) with pollution control facility is taken from the latest particulate emission
stack test. The minimum, maximum, and average were taken from the three test runs.
-L
B. IDENTIFY APPLICABLE STATE AND LOCAL AIR POLLUTION CONTROL REQUIREMENTS AND STANDARDS.
35
Illinois Administrative Code 212
SECTION F .
COST
INFORMATION
(See
Note
to Instructions for this section)
5
1. IS THERE ANY BY.PRODUCT OR MATERIAL WHICH, WITHOUT THE CONTROL FACILITY, WOULD BE LOST AND WHICH IS
-
RECOVERED THROUGH THE USE OF THE FACILITY?
DYES
~
NO
A. IF YES, IDENTIFY
S
S
-
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.
2. ANNUALCOST
RECOVERY
A. MATERIALRECOVEREDANDSOLD
-
$
N/A
S
B. OTHER
S
$
N/A.
-
C.
TOTAL
S
$
N/A
3. TOTAL AVERAGE ANNUAL MAINTENANCE AND OPERATING COSTS
(Not applicable if no cost recovery is reported in Item 2)
-
$
N/A
EPA
Forni 3300—I
(Rev. 8—77)
ORIGINAL.
PAGE 50F5
APR—10-2003 ThU 02:06 P11 DYNEGY MIDWEST
FAX NO. 2178723550
5
P. 09
ILLiNOIS POLLUTION CONTROL BOARD
S
April 3, 2003
I)YNBGY MiDWEST GENERATION, LLC
)
(Electrostatic Precipitator Unit
5
(Property
)
identificationNumbers -9-1-08-19~00-000-
)
O029-1~08-l9-00-000-00~,
19-1-08-20-00-
)
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O00~.01
0)),
)
)
S
S
Petitioner,
S
)
S
)
S-
v.
)
PCBO3-174
)
(Tax Certification)
ILLINOIS ENVIRONMJ~NTAL
)
S
PROThCTION AGENCY,
)
S
)
Respondent.
)
ORDER OF THE BOARD (byT.E.
Johnson):
On
March 31, 2003, the Illinois Environmental
Protection
Agency (Agency)
S
~()fl3flj~fl(j~
that the Board certify certain
facilities
ofDynegyMidwest Generation, LLC
-
(Dynegy Mi Iwest) as ‘~po11utioncontrol facilities” for preferential taxtreatment under the
Property Tax Code. 35 ILCS 200/11-5
et seq.
(2002). The Agency filed the recommendation
under Parti125 ofthe Board’sprocedural rules. 35111. Adm. Code 125. in this order,, the Board
describes the legal framework for tax certitlcatipns, discusses the Agency’s recommendation,
and èertifies that Dynegy Midwest’s facilities are pollution control facilities.
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LEGAL
FRAME
WORK
Under the Property Tax Code, “fi)t is the policy ofthis State that pollutioncontrol
facilities should be valued, at 331/3 ofthe fair cash value oftheir economic productivity to
their owners.”
35
ILCS 200/11-5 (2002);
see
also
35 lii. Mm. Code 125.200(a)(2). “For tax
purposes,pollution control facilities shall be certified as such by the Pollution Control Board and
S
thafl.be assessed by the Department of Revenue.”
35
ILCS 200/11-20 (2002);
see also
35 111.
Adm. Code 125.200(a).
5
I
UnderSection 125.202 ofthe
Board’s
procedural rules, a personmay submit an
application for tax certification to the Agency.
35
Ill. Adm. Code 125.202. Ifthe Agency
receives
a
tax certificationapplication, the Agency must filewith the Board a recommendation
on the application, unless the applicant withdraws the application.
35111.
Adm. Code
125.204(a).
Among other things, the Agency’s filing must recommend that the Board issue or deny tax
certification. 35111. Adm. Code 125.204(a)(4). Ifthe Board finds “that the claimed facility or
relevantportion thereofis a pollution control facility.
. .,
the Pollution Control Board..
.
shall
entcr.a
finding and issue a certificate to that effect.” 35 ILCS 200/11-25 (2002);
see also 35
III,
Adm. Code 125.216(a).
5
5
5
APR—10-2003 THU 02:07 P11 DYNEGY NIDWEST
FAX NO. 2178723550
P. 10
2
S
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AGENCY RECOMMENDATION
S
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: Electrostatic PrecipitatorUnit 5. Agency Rec.
at 1. The Agency’s recommendation further describes the facilities: to improveparticulate
collection and operation.
.ld.
at 1-2. The Agency7srecorrunendation also identifies the location
of the facilities: #1 Chessen Lane, Alton, Madison County.
Id.
at 1.
The Agency recommends that the Board certify~that the identified facilities are pollution
S
control facilities as defined in Section 11-10 ofthe Property Tax Code (35 ILCS 200/11-10
(2002)) because the primary pwpose ofthe facilities is e1rniirt~tmg,preveritmg, orreducing air
pollution. Ag~ffcyRec. at 2.
. -
TAX CERTIFICATE
TheBoard finds and certifies that Dynegy Midwest’s facilities identified in this order are
pollution control facilities under the Property Tax Code.
35
ILCS 200/11-10 (2002). Under
Sectioii 11-25 ofthe Property Tax Code, the effective date ofthis certificate is “the date of
application
forthe certificate orthe date ofthe construction ofthe facility, whichever is later.”
35 ILCS 200/11f25
(2002);
seealso 35111.
Acm. Code 125.216(a). Section 125.21.6(d) ofthe
Board’s
procedural rules states that the Clerk “will provide the applicantand the Agency with a
copy ofthe Board’s order setting forth
the .~oard’sfindings and certjficate, ifany.”
35111. Adin.
-
Code 125.216(d) (quoting in italics
35
LOS 200/11-30 (2002)). The Clerk therefore will
provide DynegyMidwest and the.Agency with a copy ofthis order.
S
IT IS SO ORJ)ERED.
S
Section 41(a) ofthe Environmental Protection Act provides that final Board orders may
be appea1.ed directly to the Blinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2002);
see aLso
35 111. Adin. Code l01.300(d)(2), 101.906, 102.706.
Illinois Supreme Court Rule
335
establishes filing requirements that apply whenthe illinois
Appellate Court, by statute, directly reviews administrative orders. 172 Iii. 2d R.
335.
The
Board’sprocedural rules provide that motions for the Board to reconsider ormodify its final
S
orders may he filed with the Board within
35
days after the order is received. 35111. Adm. Code
101.520;
see also
35 III. Mm. Code 101.902, 102.700, 102.702.
5
5-
APR—10-2003 THU 02:07 PM DYNEGY MIDWEST
F~XNO. 2178723550
P. 11
3
I, DorothyM. Guim,
Clerk of the
Uhinois Pollution Control Board, certify that the Board
adopted the above order on April 3,
2003, by a vote of7-0..
S
S
DorothyM. Guim, Clerk
illinois Pollution Control Board
*
;~S.
:~:
.
S
-i
-:
~SS
PROOF OF SERVICE
I, the undersigned, certify that I have served the attached APPEARANCE AND
1~ECOMMENDATIONupon the person to whom it is directed, by placing them in an envelope
addressed to:
TO:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State ofIllinois Center
100 W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
Steve Santarelli
Illinois Department ofRevenue
101 West Jefferson
P.O. Box 19033
Springfield, Illinois 62794
Donna Redmon
Tax Manager
Dynegy Midwest 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.
RobbSpecialH.AssistantLaymanAttorney
(/
General
ARDC
#6205498
THIS FILING IS SUBMITTED
ON RECYCLED PAPER

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