RECEgVED
CLERK’S OFFICE
MAY 1 8 2004
STATE OF ILLINOIS
Pollution Control Board
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
LisaMadigan
1~j.)\
KTORNEYGENERAL
0
May 14, 2004
I
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R. Thompson Center, Ste. 11-500
100 West Randolph
Chicago, Illinois 60601
Re:
People v. Southern Illinois Power Cooperative
Dear Clerk Gunn:
Enclosed for filing please find the original and ten copies of a NOTICE OF FILING,
APPEARANCE and COMPLAINT in regard to the above-captioned matter. Please file the originals
and return file-stamped copies of the documents to our office in the enclosed self-addressed,
stamped envelope.
Thank you for your cooperation and consideration.
Very truly yours,
Jennife’r Bonkowski
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
JB/pp
Enclosures
500 South Second Street. Springfield.
Illinois
62706
•
(217) 782-1090
•
1’TY: (217) 785-2771
•
Fax: (217) 782-7046
100 ~VestRandolph Street. Chicago. Illinois 60601
•
(312) 814—3001)
• ‘l”I’Y:
(312)
814—3374
• Fax:
(312)
814—3806
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RECEWEQ
CLERK’S OFFICE
MAY 182004
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD STATE OF ILLINOIS
Pollution Control Board
PEOPLE OF THE STATE OF
)
ILLINOIS,
Complainant,
vs.
No.
SOUTHERN ILLINOIS POWER
)
COOPERATIVE, an Illinois
)
not-for-profit corporation,
)
Respondent.
NOTICE OF FILING
To:
Tim Reeves
Registered Agent
11543 Lake of Egypt Road
Marion, IL 62959
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois, a COMPLAINT, a copy of which is attached hereto and
herewith served upon you. Failure to file an answer to this Complaint within 60 days may have
severe consequences. Failure to answer will mean that all allegations in this Complaint will be
taken as if admitted for purposes of this proceeding. If you have any questions about this
procedure, you should contact the hearing officer assigned to this proceeding, the Clerk’s Office
or an attorney.
1
FURTHER, please take notice that financing may be available, through the Illinois
Environmental Facilities Financing Act, 20 ILCS 351 5/1 (2002), to correct the pollution alleged in
the Complaint filed in this case.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigatiqn Division
BY: ~
j3~~
~Cf/~)
(7 JEN~ERBONKOWSKI
Li Assisfant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: May 14, 2004
2
CERTIFICATE OF SERVICE
I hereby certify that I did on May 14, 2004, send by certified mail, with postage thereon
fully prepaid, by depositing in a United States Post Office Box a true and correct copy of the
following instruments entitled NOTICE OF FILING, ENTRY OF APPEARANCE and
COMPLAINT:
To:
Tim Reeves
Registered Agent
11543 Lake of Egypt Road
Marion, IL 62959
and the original and ten copies by First Class Mail with postage thereon fully prepaid of the
same foregoing instrument(s):
To:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
a copy was also sent by First Class Mail with Postage thereon fully prepaid
To:
Sheldon Zabel
Marili McFawn
Schiff Hardin & Waite
6600 Sears Tower
Chicago, IL 60606-6473
(J~nnifer’~onkowski~
kjssistarit Attorney General
This filing is submitted on recycled paper
R~CE~VE
ERK S OFFICE
0
MAY
182004
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE
OF ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS,
)
OIIUtion Control Board
)
Complainant,
v.
)
PCBNO.
)
(Enforcement)
SOUTHERN ILLINOIS POWER
)
COOPERATIVE, an Illinois
)
not-for-profit corporation,
)
Respondent.
APPEARANCE
I,
JENNIFER BONKOWSKI, Assistant Attorney General of the State of Illinois, hereby
file my appearance in this proceeding on behalf of the Complainant, PEOPLE OF THE STATE
OF ILLINOIS.
Respectfully Submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois,
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BYJd~A~5~ ~O/~
(J~NNIVERBONKOWSKI,
Assistant Attorney General
JENNIFER BONKOWSKI
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated:_________
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY 182004
STATE OF ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS,
)
Pollution Control Board
Complainant,
v.
)
PCBNO.~1~°
)
(Enforcement)
SOUTHERN ILLINOIS POWER
)
COOPERATIVE, an Illinois
)
not-for-profit corporation,
)
Respondent.
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, and at the request of the ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY, complains of Respondent, SOUTHERN ILLINOIS POWER
COOPERATIVE, as follows:
COUNT I
RECORD KEEPING VIOLATIONS
1.
This Complaint is brought by the Attorney General on her own motion and at the
request of the Illinois Environmental Protection Agency (“Illinois EPA”), pursuant to the terms
and provisions of Section 31 of the Illinois Environmental Protection Act (“Act”), 415 ILCS 5/31
(2002).
2.
The Illinois EPA is an agency of the State of Illinois created by the Illinois
General Assembly in Section 4 of the Act, 415 ILCS 5/4 (2002), and charged
inter a/ia,
with the
duty of enforcing the Act in proceedings before the Illinois Pollution Control Board (“Board”).
3.
This Complaint is brought pursuant to Section 31 of the Act, 415 ILCS 5/31
(2002), after providing the Respondent with notice and the opportunity for a meeting with the
Illinois EPA.
1
4.
Southern Illinois Power Cooperative (“SIPC”) located at 11543 Lake of Egypt
Road, Marion, Williamson County, Illinois 62959, is an Illinois not-for-profit corporation and is in
good standing. SIPC’s registered agent is Tim Reeves, 11543 Lake of Egypt Road, Marion,
Illinois 62959.
5.
At all times relevant to this Complaint, SIPC operated a fossil fuel-fired power
generating plant in Marion, Illinois. Emission sources at the facility include a boiler with an
associated electrostatic precipitator and flue gas desulfurization system (Unit #4). Unit #4 is
subject to a New Source Performance Standard (NSPS) for fossil fuel-fired steam generators.
6.
Section 9(b) of the Act, 415 ILCS 5/9(b) (2002), provides:
No person shall:
b.
Construct, install, or operate any equipment, facility, vehicle, vessel, or
aircraft capable of causing or contributing to air pollution or designed to
prevent air pollution, of any type designated by Board regulations, without
a permit granted by the Illinois Environmental Protection Agency, or in
violation of any conditions imposed by such permit;
7.
Section 3.115 of the Act, 415 ILCS 5/3.115 (2002), provides:
“AIR POLLUTION” is the presence in the atmosphere of one or more
contaminants in sufficient quantities and of such characteristics and duration as
to be injurious to human, plant, or animal life, to health, or to property, or
unreasonably interfere with the enjoyment of life or property.
8.
Section 9.1(d)(1)of the Act, 415 ILCS 5/9.1(d)(1)(2002), provides:
No person shall:
1.
Violate any provisions of Sections 111, 112, 165 or 173 of the Clean Air
Act, as now or hereafter amended, or federal regulations adopted
pursuant thereto; or
9.
40 CFR 60.7(c)(1) provides:
(c)
Each owner or operator required to install a continuous monitoring device
shall submit excess emissions and monitoring systems performance
report (excess emissions are defined in applicable subparts) and/or
summary report form (see paragraph (d) of this section) to the
Administrator semiannually, except when more frequent reporting is
2
specifically required by an applicable subpart; or the Administrator, on a
case-by-case basis, determines that more frequent reporting is
necessary to accurately assess the compliance status of the source.
Written reports of excess emissions shall include the following
information:
(1)
The magnitude of excess emissions computed in accordance with
§60.13(h), any conversion factor(s) used, and the date and time of
commencement and completion of each time period of excess
emissions. The process operating time during the reporting
period. .
10.
40 CFR 60.7(d)(2), provides:
(d)
The summary report form shall contain the information and be in the
format shown in figure 1 unless otherwise specified by the Administrator.
One summary report form shall be submitted for each pollutant monitored
at each affected facility.
(2)
If the total duration of excess emissions for the report period is 1
percent or greater of the total operating time for the reporting
period or the total CMS downtime for the reporting period is 5
percent or greater of the total operating time for the reporting
period, the summary report form and the excess emissions report
described in §60.7(c) shall both be submitted.
11.
On January 20, 1993, the Illinois EPA issued SIPC State operating permit
number 800010054 for the operation of Unit #4.
12.
Special Condition 1(a) of the operating permit 80010054, provides:
This Unit #4 boiler is subject to a New Source Performance Standard (NSPS) for
Fossil Fuel Fired Steam Generators, 40 CFR 60. subparts A and D. The Illinois
EPA is administering NSPS in Illinois on behalf of the United States EPA under a
delegation agreement.
13.
Special Condition number 4 of operating permit number 80010054, provides::
The permittee shall fulfill applicable recordkeeping requirements of the NSPS, 40
CFR 60.7.
14.
On January 11, 2001, April 6, 2001 and July 3, 2001, respectively, SIPC
submitted excess emission reports for the fourth quarter of calendar year 2000 and the first and
3
second quarters of 2001 to the Illinois EPA. The Illinois EPA reviewed the reports to determine
SIPC’s compliance with applicable regulations and permit conditions.
15.
On August 24, 2001, the Illinois EPA issued Violation Notice (VN) A-2001-00126
to SIPC for failure to submit required summary reports to the Illinois EPA, excess opacity during
the operation of Unit #4, excess SO2 emissions from Unit #4 and failure to maintain and operate
Unit #4 in a manner consistent with good air pollution control practices.
16.
While SIPC submitted quarterly excess emission reports to the Illinois EPA for
Unit #4, the reports for the fourth quarter of calendar year 2000 and the first and second
quarters of calendar year 2001, were not in the form required by 40 CFR Part 60.
17.
By failing to submit excess emissions and monitoring systems performance
report with an accompanying summary report, the Respondent has violated 40 CRF 60.7(c) and
(d).
18.
By violating the federal regulations adopted pursuant to the Clean Air Act, the
Respondent has violated Section 9.1(d) of the Act, 415 ILCS 5/9.1(d) (2002).
19.
By failing to fulfill the applicable recordkeeping requirements of the NSPS, 40
CFR 60.7, the Respondent has violated Special Condition number 4 of operating permit number
80010054.
20.
By constructing, installing or operating any equipment, facility, vehicle, vessel, or
air craft capable of causing or contributing to air pollution or designed to prevent air pollution in
violation of any conditions imposed by such permit, the Respondent has violated Section 9(b) of
the Act, 415 ILCS 5/9(b) (2002).
PRAYER FOR RELIEF
4
WHEREFORE, Complainant, the People of the State of Illinois, respectfully request that
the Board enter an order against the Respondent, Southern Illinois Power Cooperative:
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein;
B.
Finding that Respondent has violated the Act and regulations as alleged herein;
C.
Ordering Respondent to cease and desist from any further violations of the Act
and associated regulations;
D.
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2002), impose a civil
penalty of not more than the statutory maximum;
E.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2002), awarding the
Complainant its costs and reasonable attorney’s fees; and
F.
Granting such other relief as the Board may deem appropriate.
COUNT II
OPACITY VIOLATIONS
1-12. Complainant realleges and incorporates herein by reference paragraphs 1
through 8, 11, 12,14 and 15 of Count las paragraphs 1 through 12 of this Count II.
13.
40 CFR 60.42(a)(2) provides:
On or after the date on which the performance test required to be conducted by
§60.8 is completed, no owner or operator subject to the provisions of this subpart
shall cause to be discharged into the atmosphere from any affected facility any
gases which:
(2)
Exhibit greater than 20 percent opacity except for one six-minute period
per hour of not more than 27 percent opacity.
14.
Condition 1(b) of operating permit 80010054 provides:
The particulate matter, SO2 and opacity from the Unit #4 boiler shall not exceed
0.10 lbs/mBtu, 1.2 lbs/mmBtu and 20, respectively, pursuant to the New
Source Performance Standard.
5
15.
The excess emissions report submitted to the Illinois EPA by SIPC for the first
quarter of 2001 indicates that SIPC had six-minute opacity averages greater than 20 except
for one six-minute period per hour of not more than 27 opacity on 2,115 occasions during the
operation of Unit #4.
16.
In its proposed Compliance Commitment Agreement, SIPC noted a number of
conditions may have contributed to its opacity problems including an overfire air technology
system that caused unburned carbon to remain in the gas stream, resulting in additional
particulate loading to the electrostatic precipitator; a shortage of coal forcing SIPC to purchase
poor quality coal that added to particulate loading; and an additional booster fan added to Unit
#4 caused additional moisture in the precipitator to freeze during the winter months, shorting
out equipment.
17.
By having six-minute opacity averages greater than 20 except for one six-
minute period per hour of not more than 27 opacity on 2,115 occasions during the operation
of Unit #4 during the first quarter of 2001, the Respondent has violated 40 CFR 60.42(a)(2) and
Special Condition 1(b) of Operating Permit number 80010054.
18.
By violating the federal regulations adopted pursuant to the Clean Air Act, the
Respondent has violated Section 9.1(d) of the Act, 415 ILCS 5/9.1(d) (2002).
19.
By constructing, installing or operating any equipment, facility, vehicle, vessel, or
air craft capable of causing or contributing to air pollution or designed to prevent air pollution in
violation of any conditions imposed by such permit, the Respondent has violated Section 9(b) of
the Act, 415 ILCS 5/9(b) (2002).
PRAYER FOR RELIEF
6
WHEREFORE, Complainant, the People of the State of Illinois, respectfully request that
the Board enter an order against the Respondent, Southern Illinois Power Cooperative:
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein;
B.
Finding that Respondent has violated the Act and regulations as alleged herein;
C.
Ordering Respondent to cease and desist from any further violations of the Act
and associated regulations;
D.
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2002), impose a civil
penalty of not more than the statutory maximum;
E.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2002), awarding the
Complainant its costs and reasonable attorney’s fees; and
F.
Granting such other relief as the Board may deem appropriate.
COUNT III
SULFUR DIOXIDE VIOLATIONS
1-13. Complainant realleges and incorporates herein by reference paragraphs
1
through 8, 11, 12, 14 and 15 of Count land paragraph 14 of Count II as paragraphs 1 through
13 of this Count III.
14.
40 CFR 60.43(a)(2), provides:
On and after the date on which the performance test required to be conducted by
§60.8 is completed, no owner or operator subject to the provisions of this subpart
shall cause to be discharged into the atmosphere from any affected facility any
gases which contain sulfur dioxide in excess of:
(2)
520 nanograms per joule heat input (1 .2 lb per million Btu) derived from
solid fossil fuel or solid fossil fuel and wood residue, except as provided
in paragraphs (e) of this section.
7
15.
The Illinois EPA originally calculated that in the second quarter of 2001, SIPC
had sulfur dioxide emissions in excess of I .2-Ib/mmBtu 11 .6 of the total operating time for
Unit#4.
-
limitations,16. statingSIPCinsteadsubsequentlythat SIPCdisputedhad excessthe
amountemissionsof time3.9 thatof Unitthe
total#4
exceededoperatingthetime.SO2
17.
After reviewing its initial findings, the Illinois EPA agreed with SIPC that SIPC
had excess SO2 3.9 of the total operating time for Unit #4 in the second quarter of 2001.
emissions18. 3.9
Byofcausingthe
totaltooperatingbe
dischargedtime,
theintoRespondentthe
atmospherehas
violatedfrom
its
40facilityCFRexcess60.43(a)(2)SO2
and Special Condition 1(b) of Operating Permit number 80010054.
19.
By violating the federal regulations adopted pursuant to the Clean Air Act, the
Respondent has violated Section 9.1(d) of the Act, 415 ILCS 5/9.1(d) (2002).
20.
By constructing, installing or operating any equipment, facility, vehicle, vessel, or
aircraft capable of causing or contributing to air pollution or designed to prevent air pollution in
violation of any conditions imposed by a permit, the Respondent has violated Section 9(b) of
the Act, 415 ILCS 5/9(b) (2002).
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respectfully request that
the Board enter an order against the Respondent, Southern Illinois Power Cooperative:
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein;
B.
Finding that Respondent has violated the Act and regulations as alleged herein;
C.
Ordering Respondent to cease and desist from any further violations of the Act
and associated regulations;
8
D.
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2002), impose a civil
penalty of not more than the statutory maximum;
E.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2002), awarding the
complainant its costs and reasonable attorney’s fees; and
F.
Granting such other relief as the Board may deem appropriate.
COUNT IV
GOOD AIR POLLUTION CONTROL PRACTICES VIOLATIONS
1-12. Complainant realleges and incorporates herein by reference paragraphs 1
through 8, 11, 12, 14 and 15 of Count I as paragraphs 1 through 12 of this Count IV.
13.
40 CFR 60.11(d) provides, in part:
At all times, including periods of startup, shutdown, and malfunction, owners and
operators shall, to the extent practicable, maintain and operate any affected
facility including associated air pollution control equipment in a manner
consistent with good air pollution control practice for minimizing emissions.
14.
Condition 1(c) of operating permit 80010054 provides:
At all times, the permittee shall also, to the extent practicable, maintain and
operate the Unit #4 boiler, including associated air pollution control equipment, in
a manner consistent with good air pollution control practice for minimizing
emissions.
15.
SIPC has failed to maintain and operate Unit #4 in a manner consistent with
good air pollution control practices. During the first quarter of calendar year 2001, operation of
Unit #4 resulted in 2,115 instances of excess opacity readings. During the second quarter of
2001, operation of Unit #4 resulted in excess sulfur dioxide emissions 3.9 of the total
operating time.
16.
By failing to maintain and operate Unit #4 in a manner consistent with good air
pollution control practices, the Respondent has violated 40 CFR 60.11(d) and Condition 1(c) of
operating permit 80010054.
9
17.
By violating the federal regulations adopted pursuant to the Clean Air Act, the
Respondent has violated Section 9.1(d) of the Act, 415 ILCS 5/9.1(d) (2002).
18.
By constructing, installing or operating any equipment, facility, vehicle, vessel, or
air craft capable of causing or contributing to air pollution or designed to prevent air pollution in
violation of any conditions imposed by such permit, the Respondent has violated Section 9(b) of
the Act, 415 ILCS 5/9(b) (2002).
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respectfully request that
the Board enter an order against the Respondent, Southern Illinois Power Cooperative:
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein;
B.
Finding that Respondent has violated the Act and regulations as alleged herein;
C.
Ordering Respondent to cease and desist from any further violations of the Act
and associated regulations;
D.
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2002), impose a civil
penalty of not more than the statutory maximum;
E.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2002), awarding the
Complainant its costs and reasonable attorney’s fees; and
10
F.
Granting such other relief as the Board may deem appropriate.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY:_____________________
THOMAS DAVIS, Chief
Assistant Attorney General
Environmental Bureau
Of Counsel
JENNIFER BONKOWSKI
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated:____________
sipccomplaint/common
11
