NOTICE
P.O. Box 19276
RECOMMENDATION

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

Dynegy Midwest Generation, Inc.

Refurbishment ofLow NOx Burner Unit 3/

Seiparated Overfire Air System

Property Identification Numbers

02-1 0-100-001

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

Date: October

15,

2003

)

PCBC)~j~-G(

)

(Tax Certification)

)

NOTICE

Donna Redmon

Tax Manager

Dynegy Midwest Generation, Inc.

1000 Louisiana, Suite 5800

Houston, Texas 77002

PLEASE TAKE NOTICE that I have today filed with the Office ofthe Pollution Control

Board the APPEARANCE AND RECOMMENDATION of the Illinois Environmental

Protection Agency, a copy of which is herewith served upon you.

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021 North Grand Avenue East

P.O. Box 19276

Springfield, IL 62794-9276

Telephone: 217/782-5544

Facsimile: 217/782-9807

TDD:

217/782-9143

I__

Robb H. La)~a~’~

Special Assistant Attorney General

ARDC #6205498

THIS FILING IS SUBMITTED

ON RECYCLED PAPER

ocr

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

Dynegy Midwest Generation, Inc.

)

Refurbishment ofLow NOx Burner Unit 3/

)

Separated Overfire Air System

)

PCB

Property IdentificationNumbers

)

(Tax Certification)

02-10-100-001

)

Q’1 ~

APPEARANCE

(J~

‘2C~ ~/

I hereby file my Appearance in this proceeding on behalf of the Illinois Enviromnenf~l’.&0

Protection Agency.

Robb H. Layman

Special Assistant Attorney General

ARDC

#6205498

DATED: October

15,

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

Dynegy Midwest Generation, Inc.

)

Refurbishment ofLowNOx Burner Unit 3/

)

Separated Overfire Air System

)

PCB

Property Identification Numbers

)

(Tax Certification)

02-10-100-001

)

04,

)

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.

On April 29, 2003, the Illinois EPA received a request from DynegyMidwest Generation,

Inc. foran Illinois EPA recommendation regarding the tax certification of air pollution

control facilities pursuant to 35 Ill. Adm. Code 125.204, and noted the request as log

number TC-03-04-29H. (Exhibit A).

The applicant’s address is:

Donna Redmon

Tax Manager

Dynegy Midwest Generation, Inc.

1000 Louisiana

Suite 5800

Houston, Texas 77002

The air pollution control facilities in this request are located at 10901 Baldwin Road, Box

146, Baldwin, Randolph County and consist ofthe following:

Refurbishment of Low NOx Burner Unit 3/ Separated Overfire Air System which

reduces NOx emissions from the existing low NOx system. Because the primary

purpose ofthis system is to reduce or eliminate air pollution, it is certified as a

pollution control facility.

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 ofany 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.”

Pollution control facilities are entitled to preferential tax treatment, 35 ILCS 200/11-5

(2000).

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 primary purpose ofeliminating, preventing, or reducing

air pollution, or as otherwise provided in 35 Ill. Adm. Code 125.200. Therefore, the

facilities are eligible for tax certification from the Board.

Therefore, the Illinois EPA recommends that the Board issue the requested tax

certification.

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

By:

Robb H. Layman

c.1

Special Assistant Attorney General

OfCounsel:

Charles E. Matoesian

Assistant Counsel

October

15,

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

Illinois

1. NAME OF APPLICANT~•

Dynegy Midwest Generation, Inc.

2. PERSON AUTHORIZED TO RECEIVE CERTIFICATION.

Donna Redmon

ADDRESS

(Street, atj’,

State, Zip

Code)

2828 North Monroe Street

Decatut IL

62526

TITLE

Tax Manager

ADDRESS

(Street, City, State, Zip Code)

1000 Louisiana, Suite 5800, Houston, TX 77002

iSSUED

~IGNED(Officia1ofStaceAgency)

THIS__DAYOF

STATE CERTIFICATION NUMBER

TITLE

* U.S. GOVERNMENT~ PRINTING OFFICE: SGI1—720—11i

CNVIMONMENTAL r

i ~

NOTICE OF STATE CERTIFICATION

(Pursuant to Section 169 of the Internal Revenue

Code of

1954,

as amended)

Form Approved

0MB No. 158—.R 0013

UR POLLUTION CONTROL AGENCY OR

EnvironmentalProtection Agency

It Is hereby certified that the control facility described In the attachedapplication is in conformity with State and local programs and

requirements for the control of 0 water pollution ~

air pollution, as required by section 169 of the Internal Revenue Code

of 1954, as

amended, and regulations issued thereunder. According

to the applicant,

this controlfacility

was placed

will be placelin operation on

December 18, 2001

In the case of control facility

not yet in

operation, this notice

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 abitement or control of water or

air pollution.

3. DESCRIPTION OF CONTROL FACIUTY

Refurbishment of Baldwin Energy Complex Unit 3 low-NOx burner/separated overfire air (SOFA) system to

improve the operability and flexibility ofthe existmg low NOx system The refurbishment includes

• Maintenance and refurbishment ofvarious, existing SOFA components;

• Replace existing SOFA tilt drives with new hydraulic tilt drives; and.

• Replace air, SOFA, and coal nozzles for better performance with PRB fuel

6.USE OF THE CONTROL FACILITY CERTIFIED HEREBY IS IN CONFORMITY WITH THE FOLLOWiNG APPLICABLE. STATE

PLAN

• REQUI REMENTS FOR THE CONTROL OF

WATER POLLUTION

AIR POLLUT1ON.

lilmois Administrative Code 217 Subparts V & W

4. LOCATION OF ~ONTROL FACILITY

(Street, City,

State, Zip

Code)

10901 BaldwinRoad, Box 146, Baldwin, IL 62217

N/A

RECEIVING BODY OR STREAM

•

OF WATER,

;

ANY

EPA Form 3300—2 (8—77)

• ~.

U.S. GOVERNMENT PRINTING OFFICE: 1977..729—178

Form Approved

0MB No. 158—R0013

U.S. ENVIRONMENTAL PROTECTION AGENCY

S. S

• S

•

NOTICE OF FEDERAL CERTIFICATION

•

(Pursuant to Section

16~

of the Internal Revenue Code of 1954, as amendedi

•

PLEASE TAXENOTICE 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

•

• • •

•

S S

•

El Is ct~rtifled

•

0 Will, Ifconstructed, reconstructed, acquired, erected, Installed

•

and operated in accordance with the accompanying application,

•

becertified

•

••

•

as being in compliance with the applicable regulations of Federal agencies and the general policies of the UnIted States for cooperation with

the States 1st the prevention and abatement of ~

water pollution ~

air pollution under the Federal Water Pollution Control Act, as

• amended (33 U.S.C. 1251 et seq.) or the aean Air Act, as amended (42 U.S.C. 1857 et ~qJ. This certification is based on facts furnithed

• by the ap~Iicant,and is valid for purposes of section 169 only to the extent that such facts are complete and accurate.

•

EPA Form 3300—3 (8—77)

• •

L.NAME OF APPLICANT

•.

•

Dyne~yMidwest Generation, InC.5

•

ADDRESS

(Street, City, State, Zip Code)

2828 North Monroe Street

•

eca

tur

IL 62526

• •• •

•

EMPLOYER IDENTIFICATION NUMBER

•

37-1385459

•

PERSON AUTHORIZED TO RECEIVE CERTIFICATION:

•

NAME

•

•••

•

DonnaRedmon

•

ADDRESS

(Street,

City, State, Zip Code)

•

1000 Louisiana,

• •

Suite

•

5800,

•

HoustOn,

•

TX 77002

•

••

555

•

TITLE

• • .

•

TaxManager

•

ijn~~t~iriuijii

‘.,jr~,

1w’.

FACILITY

• •

5 5

Refurbishment ofBaldwin Energy Complex Unit 3 low-NOx burner/separated overfire air (SOFA) system to

improve the operability and flexibihty ofthe existing low NOx system The refurbishment includes

‘~

Mainte~ianceand refurbishment ofvarious, existing SOFA components;

•

• Replace existing SOFA tilt drives withnew hydraulic tilt drives; and

•

• Replace air, SOFA, and coal nozzles for better performance with PRB fuel.

• •

S. LOCATION OF CONTROL FACILITY

(Street,

City,

State, Zip

Code)

10901 Baldwin Road,Box 146,Baldwin, IL

62217

•

• • • :

6.EFFLUEtIT DISCHARGEDTO

•

• •

•

N/A:~

....

•;••

•,•

THE CONTROL FACILITY IDENTIFIED HEREIN

DOES

DOES NOT GENERATE PROFITS THROUGH THE RECOVERY

AND

SALES

WASTES,SOR

OTHERWISE.

•

5 5 5 5

THE

CONTROL FACILITY IDENTIFIED HEREIN

IS NOT A BUILDING THE ONLY FUNCTI ON OF WHICH IS ThE ABATEMENT OR

CONTROL OF POLLUTION,AS DETERMINED IN ACCORDANCE WITH SECTION i~169.2(2) (I) OF THE INCOME TAX REGULATIONS.

A. THE CONTROL FACI LIT’,’ IDENTIFIED HEREIN IS USED ONLY IN CONNECTION WITHPLANTS OR PROPERTiES THAT WERE IN

•

SERVICEONOR BEFORE DECEMBER 31, 1975

•

• .

•

•El

.j22_.°1t

OF THE AMORTIZABLE BASISSOF THE FACILITY IS i~LLOCAEILETOITS USE IN CONNECTION WITH PLANTS OR PROP.

•

ERTIESTHAT WERE IN SERVICE ON OR BEFORE DECEMBER 31,1975.

5 5 5 5

10.

5 5

A. THE CONTROL FAd

LITY

PERFORMS NO FUNCTION IN ADDITION TO THE ABATEMENT OR CONTROL OF POLLUTION.

‘I.

OF ThESAMORTIZABLE BASIS OF TI-IC CONTROL FACILITY IS ALLOCABLE TO THE ABATEMENT OR CONTROL OF

•

POLLUTION~

•

ISSUED

•~

•

THIS

DAYOF

•

,19

•

SIGNATURE

•

S•

STATE CERTIFICATION NUMBER

•

IITLE

•

U.S. GOVERNMENT PRINTING OFFICE: 1977—729—015

Form

Approved

0MB No.

158—R0013

•

ENVIRONMENTAL PROTECTION AGENCY

•

APPLICATION FOR CERTIFICATION OF POLLUTION CONTROL FACILITY

•

(Pursuant to Section 169 of the InternaiRevenue Code

of1954. as amended)

•

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 BYSA CLAIM

OF CONFIDENTIALITY WILL BE DISCLOSED BY EPA ONLY TO THE EXTENT,

AND

BY MEANS OF THESPROCEDURES, SET FORTH IN

TITLE 40, CODE OF FEDERAL REGULATIONS,

PART

2,41 C.F.R. 26902

seq..

SEPTEMBER 1, 1976.

•

A BUSINESS CONFIDENTIALITY CLAIM COVERING

ALL

OR PART OF

THE

INFORMATION 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’FOItM 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 BESUBMITTED SEPARATELY TO FACILITATE

IDENTIFICATION

AND HANDLING

BY EPA. IF THE APPLICANT DESIRES CONFIDENTIAL TREATMENT ONLY UNTIL A CERTAIN

DATE OR UNTIL

THE

OCCURRENCEOF 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.

•

S S

•~~•

•

Dynegy Midwest

Generation, Inc

DATE

•

S•

April 22,2003

STREET ADDRESS, CITY, STATE. ZIP CODE.

1000 Lousiana Street, Suite 5800

Houston, Texas 77002

SIGNATURE

•

TITLE

Director, Environmental

•

NOTE: READ ACCOMPANYING INSTRUCTIONS

CAREFULLY PRIOR

TO COMPLETING

FORM,

EPAForm 3300—1 (Rev. 8—77)..

•

• .

PREVIOUS EDITION IS 03S0LErE

•

PAGE1OF5

‘ORIGINAL

5 5

•

SECTION A-

IDENTITY AND LOCATION OF CONTROL FACILITY

i.FL.ILL

BUSINESS NAME OF APPLICANT

Dynegy.Midwest Generation, Inc.

555

••

•

TYPE OF OWNERSHIP

INDIVIDUAL

OTHER

(Describe,).

•

PARTNERSHIP

• •

El CORPORATION

3. pERSON TO CONTACT REGARDING THIS APPLICATION

~‘Name

and ThleJ

TELEPHONE

•

Starla Lacy, Director, Environmental

•

713-767-8961

AOPRESS

(Street, t’ity, State, Zip Code)

•

S -

1000 Louisiana,Suite 5800, Houston, TX 77002

à~liRSONAUTHORIZED TO RECEIVE

CERTIFICATION

(Name ‘and Title)

•

Donna Redmon

S S

Tax Manager

•

ADDA

ESS

(Street, CYty,

State, Zip Code) :

•

1000 Louisiana, Suite 5800, Houston, TX 77002

. .

5 5

5. BUSINESS NAME OF PLANT

(If

differentfrom

Item)) (Street, City, State, Zip Code)

•

APPLiCANT’S

SSS

•

•.

EMPLOYER

Baldwin Energy Complex

5 5

IDENTIFICATION NO.

10901 Baldwin Road, Box146,Baldwin, IL 62217

S•

•

37-1385459

SECTION B

DESCRIPTION OF CONTROL FACILITY

•

1. DESCRIBE

THE FACILITY FOR WHICH CERTIFIcATION IS

SOUGHT. INCLUDE TYPE

OF EQUIPMENT. MANUFACTURER AND MODEL

• NUMBER. SUBMITDESIGN

CRITERIA, ENGINEERING REPORT AND/OR PERFORMANCE SPECIFICATIONS WHICH DESCRIBE

• FUNCTIONAND OPERATIONOF FACILITY:

5 5

•

Refurbishment of BaldwinEnergy Complex Unit 3 low-NOx burner/separated overfire air (SOFA) system to

improve the operability and flexibihty ofthe existmg low NOx system The refurbishment includes

• Maintenance and refurbishment ofvarious, existing SOFA components;

• Replace existing SOFA tilt drives with new hydraulic tilt drives; and

• Replace air, SOFA, and coal nozzles for better performance with PRB fuel.

•

.2. IS FACILITY IN OPERATION? A. IF ‘~YES’DATE FACILITY

B. IF “NO” DATE FACILITY

3. IF FACILITY CONSISTS OF A

WAS PLACED INOPERATION

•

IS EXPECTEDTO BE

BUILDING, IS ITEXCLUSIVE-

YES

•

DNo

•

PLACED IN OPERATIONS

•

I LV FOR CONTROLOF POLW-

December 2001

TION? ~ YES

~ DOES THE

FACILITY

(installed after December 31, 1975 ONLY)

AFFECT THE

OPERATI

UNIT

(ofthe plan: 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 CAPACITYDYES ElNO

EXTEND THE USEFUL LIFE?

YES

REDUCE THE TOTAL OPERATING COSTS?

YES

•

555

a. IF ThE ANSWER TO ANY OF THE ABOVE IS ‘YES’~IS THE PERCENTAGE BY WHICH THE OPERATING UNiT WAS EFFECTED

D50RD~~

.5 5 5 5

5 5

•

.S.

b. IF NONE OF THE FOREGOING INCREASES, EXTENSIONS, OR REDUCTIONS EXCEEDING 5 STATE THE RATIONALE AND..

FURNISH THE DATA USED TO ARRI yE ATTHE PERCENTAGE(S) GIVEN IN RESPONSE TO ITEM 4(a).

. .

PAGE 2 OF 5

~U.S.

GOVERNMENT PAINTING OFFICE: 1977—720—619

Form Approved

0MB No. 158—R0013

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 Umt

2. STANDARD INDUSTRIAL

CLASSIFICATION

(SIC) CODE NUMBER

5 5

•

4911

:•

5S•5

•

S•

•

~SS

•5

3 DATE

THAT EACH PLANT

OR OTHER

PROPERTY

CONNECTiON WITH Wi-IICH FACIUTY IS

OR WILL BE

USED, COMMENCE OPERATION.

PLANT OR PROPERTY

••

• DATE

Baldwm Energy Complex, Unit 3

June 1975

..•.

•

‘

•

:• EPA Form 3300—) (Rev. 8—77)

.SS

ORIGINAL

Form

Approved

0MB

No.

158—R0013

S S

SECTION C

DESCRIPTION OF COMMERCIAL

PROCESS

OR ACTIVITY

S S

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 WrrH WHICH THE FACILITY IS OR WILL BE USED WAS NOT IN OPERATION PRIOR TO

JANUARY 1, 1976, STATE THE PERCENTAGE OF THE COST OF FACILITY WHICH IS ALLOCABLE TO THE PLANTIS)OR

PROPERTY(IES) IN OPERATION PRIOR TO THAT DATE.

N/A

•

SECTION 0. WASTEWATER CHARACTERISTICS (To be completed only in connectiom 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.PR.ODUCTS REMOVED, ALTERED, DISPOSED OF, OR PREVENTED, iF FEASIBLE,ATTACH

PROCESS

FLOW OR SCHEMATIC

DIAGRAM

WITH

MATERIAL BALANCES

OF THE

WASTE OR WASTEWATE•R STREAM

DISCHARGE. REPORT EITHER ON ACTUAL BASIS OR,

IF FACILITY IS NOT YET IN OPERATION, ON DESIGN

BASIS

(Use Standard Units

—

pounds/gallon, g~amsJli:er,ppm. etc.).

•

• •

HOURS

PLANT OR PROPERTY IS IN OPERATION:

a. Per

Month:

Mm.

Max.

Avg.

—

•

S 5

S•

• 5

‘:

b. Per Year:

Min

Max.

AV9;

• S

2. WASTEWATER

DISCHARGE IN

(A) GALLONS PER,

MINUTE, (B) MIL.

•UONS OF GALLONS

WITHOUT POLLUTION CONTROL FACILITY

‘WITH POLLUTION CONTROL FACILITY

a. Mm.

Max.__•

Avg.

S•

555

b. Mm.

•~

Max~

Avg.

Mm.

Max.

—~---

Avg.

Mm.

Max.

—

Avg.

•

3. POLLUTANTS OR WASTE

PRODUCTS

•

3.i

•

Mm.

Max.

•

~•

Avg.

•

••

Mm.

Max.

Avg.

••

• -

Mm.

Max.

Avg.

. •

Mmn.

Max. —

Avg.

3.c

•

Min.i________ Max.

Avg.

Mm.

—

Max. •

Avg.

3.d.

. .

Mm.

Max.

Avg.

• •__.

Mm.

•

Max.

—_

Avg.

3.0....

Miii. ,_•

Max.

Avg.

•

Mm.

Max.

Avg.

•

Mm.

Max.

Avg..

. •

Mm.

Max.

•

Avg.

3.g

~‘•

••~

‘

Mm.

•

Max.—

Avg.

•

MIn.

Max.

Avg.

3h,

•

•S’•

•‘:

Mm.

Max.

.._.._._..—_

Avg. •

Mm.

Max.

•

Avg.

3.i

• •~

‘

• Mm.

•

Max.

Avg.

Mm. —

•

Max.

Avg.

3.;

•

Miii.

Max.

.__•

Avg.

Miii.

•

Max.

•

Avg.

* U.S. GOVERNMENT PRINTING OFFICE: 1977729620

~DESCRI8E

THE REASONING AND FURNISH THE DATA USED TO ARRIVE ATTHE PERCENTAGE GIVEN IN RESPONSE TO

ITEM4(A).

N/A

,•

•

BA. IF FACILITY PERFORMS A FUNCTION OR FUNCTIONS IN ADDITION TO THE ABATEMENT OF POLLUTION, STATE

THE.

PERCENTAGES OF THE

COST

OF FACILITY ALLOCABLE TO THE ABATEMENT OF POLLUTION.

N/A

58. DESCRIBE THE REASONING ‘AND FURNISH THE DATA USED TO ARRIVE AT THE PERCENTAGE GIVEN IN RESPONSE TO

ITEM5(A).

5’

N/A

EPA Form 3300—1 (Rev. I

—757)

•

ORIGINAL

5 5 5 .

PAGE3OF5

U.S~GOVERNMENT PRINTING OFFICE; l977~729—62t

•

5 ~S

• 0MBForm

No.

Approved

158—R0013

4. DESCRIBE METHOD (GRAB.OR COMPOSITE AND FREQUENCY OF SAMPLING AND METHODS USED TO DETERMINE QUANTITIES

OF POLLUTANTS.

S• •

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 BAND IDENTIFY RECEIVING FACILITY.

DYES

6. IDENTIFY THE BODY OR STREAM OF WATER INTO WHICH WASTEWATER FROM THE PLANT OR PROPERTY. IN CONNECTION

WITH WHICH THE FACILITY IS USED, IS OR WILL BE DISCHARGED.

N/A

•

7. DESCR IBE LOCATION OF DISCHARGE OR OUTFALL WITH RESPECT TO RECEIVING WATERS.

8~IS THE RECEIVING BODY OR STREAM OF WATER A NAVIGABLE WATE AWAY OF THE UNITED STATES OR ATRIBUTARY THEREOP7

YES.

NO.

IF “NO,”PROCEED TO ITEM 9.

•

5 55

5 •

•

A. IF “YES” HAS A U.S. ARMY CORPS OF ENGINEERS DISCHARGE PERMIT BEEN APPLIED FOR?

DYES 0

EXPLAIN, THEN PROCEED TO ITEM 9.

•

.•

5 55

55 5

IF “NO,”

B. IF ANSWER TO ITEM BA IS “YES” HAS A US. ARMY

CORPS

OF ENGINEERS DISCHARGE PERMIT BEEN ‘ISSUED?

YES

(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.

•

EPA Form 3300—1 (Rev.

8—77)

9. IF ITEM 88

HAS

NOT BEEN ANSWERED “YES,” IDENTIFY APPLICABLE STATE AND LOCALSWATER POLLUTION CONTROL

REQUIREMENTSAND STANDARDS.

:•

• •

SECTION E

EMISSION CHARACTERISTICS (To be completed only 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

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

STREAIVL REPORT EITHER ON ACTUAL BASIS, OR, IF FACILITY IS NOT YET IN OPERATION, ON DESIGNS BASIS.

• . .•

•.

HOURS PLANT

OR PROPERTY IS IN OPERATION

a Per Month

Miii

Max

Avg

...±~L

Per

Year

Mm 5600 Max 8 300 Avg.

2. POLLUTANTS TO

BE CONTROLLED

(Specify each)

•

•S

NOx

•-

SS•S

•

C..

‘•

•

3. VOLUMETRIC FLOW

• RATE OFEMIS-

•

SON(actualcubic

WITHOUT POLLUTION CONTROLFACILITY

•

WITH POLLUTION CONTROL FACILITY

Mmii

000 S2~,000~

306 •

°F

Miii.

i~4?~0at

.~?.2L

°F

555

4. CONCENTRATION

• .g~eotts(in

volumecomponents)

-S

SSSSS

‘

•5

106

304.

Mmn._Max.~Avg._at_

°F

•

304

•

Min._Max._Avg._at

b. MIri._Mex._Avg......_at_

°F

Min..~...._.Max._Avg...._.....at

•

55-5

•

‘.

c. Min.~Max._Avg._at_

°F.

•

55•S

•

••

•

MIn._Max._Avg.at~

d. Mmn._Max.__Avg..

.et___ 0F

• .

Mun._Max....,.Avg._at........._

°F

CONC~NTRATION

(rain:/pu~cfeetof

matter!

•

.‘

555

Mun.._.~..Max._Avg..........~

°F

555

Mun......_... Max._.._Avg._ at

.~_._

°F

6. CONCENTRATION

(grains/cubic feet of

any specific particU-

late

listed

in E-2above)

•

Mun._Max.........Avg._

at_____ °F

‘

•

•S

555

Mmn...........

S S

Max.,_.....Avg............at

—

ORIc~INAL

PAGE4OF5

* U.S. GOVERNMENT PRINTING OFFICE; 1577729—622

•

Form Approved

OMBNo.158—90013

7. DESCRIBE METHOD OF DETERMINING RATES, CONCENTRATION AND CHARACTERISTICS OF EMISSIONS.

Volumetric flow rate is reported as presented in the CAAPP Title V permit application...

Concentration (ppmv) is taken from the Continuous Emission Monitor.

B. IDENTIFY APPLICABLE STATE AND LOCAL AIR POLLUTION CONTROL REQUIREMENTS AND STANDARDS.

. S

Illinois Administrative Code 217 Subparts V & W

SECTION F

COST INFORMATION (See Note to

instructions

for this

suction)

1. IS THERE ANY BY-PRODUCT OR MATERIAL WHICH, WITHOUT THE CONTROL FACILITY, WOULD BE LOST AND WHICH IS

RECOVEREDTHROUGHTHEUSEOFTHEFACILITY?

DYES S E~1NO

•

5 5

A. IFYES,IDENTIFY

•

• •

•

8. INDICATE THE DISPOSITION OF EACH TYPE OF RECOVERED MATERIAL, INCLUDING IFAPPLICABLE,’THE SALE OR

SIMILAR DISPOSITION OF RECLAIMED OR RECOVERED MATERIAL TO INDUSTRIAL WASTE RECOVERY FIRMS OR OTHERS.

~•

ORIGINAL. • • •

PAGE 50F5•

2. ANNUAL COST

RECOVERY.

A MATERIALRECOVEREDANDSOLD

N/A

sss

•

•S.

B.OTHERS  

5 5

555

•.

N/A

•

C TOTAL                               

N/A

3. TOTAL AVERAGE ANNUAL MAINTENANCE AND OPERATING COSTS

(Not applicableif no cost recovery is reported in Item 2)

•

N/A

EPA Form 3300—1 (Ray. 8—77)

•

IIIIW..fl

IUURI..iJI

LL1t~ ItV.

C.LIUIC.sJ~.J~)U

5 S~

ILLINOIS

POLLUTiON CONTROL BOA.RD

Apnl 3, 2003

~•.•r.~•S

••

~YNEGY MIDWEST GENERATION, LILC )

(Refurbished Low NOx Burner i-Trait

)

WSeparated Overfire System

(Property

)

Idc~ific on

mbet-02-10-100-001)),

)

•

)

Petitioner,

)

~5•55

)S~S

S•

)

PCBO3-176

)

(Tax Certification)

~rJ1~O$SENVIRONMENTAL

)

•

~tQ•TECT1QNAGENCY,

•

•S

•

)

Respondent

)

~R~ER

Q1~

Ti3E

BOARD (byT E

Johnson)

On March 3~,2003, the Illinois Environmental Protection Agency(Agency)

iecouunended that theBoard certif~rcertain facihties~ofDynegyMidwest Generation, LLC

(Dyi~egyMidwest) as ~pollution

control facilities”

for

preferential taxtreatment under the

1~opertyTax Code 35 ILCS 200/11-5

et seq

(2002) The Agency filed the recommendation

upderPart

125

the Board’s procedural nales 35111 Adin

Code 125

In this

order,

theBoard

4pscjibes the legal framework for tax

certifications, discusses theAgency’s recommendation,

td ~ertifiesthat Dynegy Midwest’s facilities are pollutioncontrol facihtaes

LEGAL FRAMEWORK

ie Property Tax Code, “it is the policy ofthis State that pollubon control

i be vaIned~at 33 1/3 ofthe fair cash

value of

their economic productivity

Lers” 35 ILCS 200/11-5 (2002),

see al.~o

35 Iii Adin Code 125 200(a)(2) “:For tax

pothition control facilities shall be certified as suchby the Pollution Control Board and

•~S~4by theDeparti~erit

of Revenuer’

35IL~S

200/11-20(2002);

s~e

also

IlL

Code 125 200(a)

Under Section 125 202 oftheBoard’sprocedural rules, a person may submit an

LtiOII

for

tax certification

the Agency.

111. Adim Code 125.202. lIthe Agency

~satax certification application, the Agency must file with the ~oard a recommendation

application, unless the applicant withdraws the application. 35fl1.Actm. flode 125.204(a).

hertl~ii~gs,the Agency’s filing must recommend that theBoard

issue or deny ta~~

~5flL Mm. Code 125~204(a)(4);IftheBoard finds “that the claimed

facIlity

thereof

is a pollution

control facility

,the Pollution Control Board

shall

an4issue a certificate to that effect.” 35 ILCS 200/11-25 (2002); s~e

also 35

Ill.

Code

12~2

16(a)

•

•~

•~:~

~•

HrK—Lu—~uUi IrlU Lk~.IU f11L~It~CIJI

iuv~1~1

S 5

Fr1A I’IU..

AGENCY RECOMMENDATIO~

The Agency states that it received a tax certification application from Dynegy Midwest

Sàptember I 5,2002. Agency

Recommendation (AgencyRec.) at

1. On March 31, 2003, the

Agen~yfiled a recommendation on the

application with

the Board The

Agency’s

recoiqinendation

identifies

the facilities at issue R.efurbishment ofLow NOx Burner Unit

3I$~prate4.Qver~eAir System.. Agency Rec. at l~The Agency’s recommendation further.

d~cr,4besthe facilities reduces NOx emissions from the

existing

low NOx system

at 1-2

The

4gency’s

recommendation alsoidentifies the location

the facilities 10901 Baldwin

Roa4~Baldwm,Randolph County

at 1

“The Agency recommends that the Board certify that the identified facilities are pollution

co~1rolfacilities as definedi-n Section 11-10 ofthe PropertyTax Code

(35

ILCS 200/11-10

(2~02))because the

primary purpose of

the facilities as eliminating, preventing,

reducing air

p.~jlut~onAgencyRec

,.~ .~

TAX CERTIFICATE

The Board finds and certifies that DynegyMidwest’s facilities identified

this order are

control facilities underthe Property Tax Code

ILCS 200/11-10 (2002) Under

11-25 ofthe Property Tax Code, the effective date ofthis certificate

“the date ~f:

Dfl for

the certificate

the date

the construction

the facility, whichever

later”

~20O/11~25

~2OQ2);se~also:35lll.Adm.

Code 125.216(a). Section 125.216(d) ofthe

~açe4~. r~i1essates that the Clerk “will provide the applicant and the Agencywith a

~Boerd’s order setting forth

the Board’sfindingsand certificate, ~any”

35111 Adm

~6(4~~quotingin

italics

35 ILCS

2001l

1-30 (2002)).. The Clerktherefore will

DynegyMidwest andtheAgency with a

copy

ofthis order

IflS SO ORDERED

Section 41(a) ofthe Environmental Protection Act provides that final Board ordersmay

ealed’dircctlyto the illinois Appellate.Courtwithin

days after the

Board

serves the

415 ILCS

5141~a~

~2002);

see

also

I1LAdm. Code lOL300~d~(2~,101.906,102.706.

Supreme COurt Rule 335 establishes fihingrequiremezns that apply when the illinois

pellate Court. by statute, directly reviews administrative orders. 172111. 2d R. 335. The

~sproced~ralrules provide thatmotions forthe Board to reconsider or modify its final

maybe filed with the Board within 35 days after the order is received 35 jlJ A4iu Code

se~

also

35 Ill Adm Code 101 902, 102 700, 102 702

~uS

1rU~yU.)

IflU

U~.i1 VII UIi’iC~.ZI IIWVJC.iJI

rrin

i~u, 

~iioi~uuu

•S

,~ I. Dorothy M Gunn Clerk ofthe Illinois Pollution Control Board, certify that the Board

a~ptedthe above order

April 3, 2003, by a vote of7-0.

fS 5

DorothyM. Gunn, Clerk

Illinois Pollution Control Board

~SS5

SS~

f. It.

S~•S

•S~5

5?’

S~~S

PROOF OF SERVICE

I, the undersigned, certify that I have served the attached APPEARANCE AND

RECOMMENDATION upon 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

DynegyMidwest Generation, Inc.

1000 Louisiana, Suite 5800

Houston, Texas 77002

and mailing it by First Class Mail from Springfield, Illinois on October

15,

2003, with sufficient

postage affixed.

74H~

Robb H. Layman

Special Assistant Attorney General

ARDC

#6205498

THIS FILING IS SUBMITTED

ON RECYCLED PAPER