BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERKS OFFICE
MIDWEST GENERATION EME, LLC
)
tviAy 20 2004
Petitioner,
)
STATEOFILLINOIS
V.
)
PCB
~.
4~~I~tbon
Control Board
)
(Trade Secret
ILLINOIS ENVIRONNENTAL
)
Appeal)
PROTECTION AGENCY,
)
)
Respondent.
NOTICE
To: Dorothy
Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph
Suite 11-500
Chicago, Illinois 60601
Sheldon A. Zabel
Mary A. Mullin
Schiff Hardin LLP
6600 Sears Tower
Chicago, Illinois 60606
Brad Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph
Suite 11-500
Chicago, Illinois 60601
Please take notice that I have today filed with the Office
of the Clerk of the Pollution Control Board the APPEARANCE
AND
ADMINISTRATIVE RECORD OF TRADE SECRET DETERMINATION of
the Illinois Environmental Protection Agency, a copy of
which is herewith served upon you.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Aa4& ~
Sally
~.
Carter
Assistant Counsel
Division of Legal Counsel
Date: May 19, 2004
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
217/782-5544
RECEIVED
CLERK~SOFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY
202004
STATE OF ILLINOIS
MIDWEST GENERATION EME, LLC
)
Pollution Control Board
)
Petitioner,
)
v.
)
PCB No. 4-185
)
(Trade Secret
ILLINOIS ENVIRONMENTAL
)
Appeal)
PROTECTION AGENCY,
)
)
Respondent.
APPEARANCE
The undersigned, as one of its attorneys, hereby
enters her APPEARANCE on behalf of Respondent, Illinois
Environmental Protection Agency.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Sally~.
42~
Carter
Assistant Counsel
Division of Legal Counsel
Date: May 19, 2004
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box. 19276
Springfield, IL 62794-9276
217/782-5544
RECEIVED
LERKS OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY 202004
MIDWEST GENERATION EME, LLC
)
STATE OF ILLINOIS
Poflut,o,i Controi 8oard
Petitioner,
v.
)
PCB No. 4-185
)
(Trade Secret
ILLINOIS ENVIRONMENTAL
)
Appeal)
PROTECTION AGENCY,
)
)
Respondent.
ADMINISTRATIVE RECORD OF TRADE SECRET DETERMINATION
The Respondent, ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY (“Illinois EPA”), by and through its attorney, Sally
Carter, in accordance with the Board’s Order of May 6,
2004, files its Administrative Record of Trade Secret
Determination (“Administrative Record”) in this cause.
On April 19, 2004, Petitioner filed a petition before
the POLLUTION CONTROL BOARD (“Board”) seeking an appeal of
the Illinois EPA’s trade secret determination of March 10,
2004. The Illinois EPA’s denial letter identified articles
that were deemed not to represent trade secrets from
information submitted by the Petitioner, MIDWEST GENERATION
EME, LLC, (“Midwest Generation”) in response to an
information request made pursuant to Section 114 of the
federal Clean Air Act (42 U.S.C.
§
7414). Pursuant to
Section 114, Midwest Generation sent a copy of the response
to the Illinois EPA. Specifically, the Illinois EPA denied
1~
trade secret protection for information submitted on
November 6, 2003 and received by the Illinois EPA on
November 10, 2003, concerning capital~projects at its coal-
fired electric generating units and information pertaining
to the “monthly and annual net generation, the monthly coal
heat content, and the monthly net heat rate for each of its
coal fired units.” Petition at 2.
The original and four (4) copies of this
Administrative Record are filed with the Board. Volume I
is a copy of information consisting of, among other things,
a redacted version of Midwest Generation’s response to the
USEPA’s Section 114 informational request and a redacted
version of Midwest Generation’s trade secret Statement
of Justification, dated January 23, 2004, that the
Petitioner believes can be made available to the public
without compromising its claimed trade secrets. In
addition, Volume I consists of correspondence between the
Illinois EPA and Midwest Generation, information available
on the United States Department of Energy, Energy
Information Administration web pages, various construction
and operating permits issued to Midwest Generation and
quarterly coal analyses submitted by Midwest Generation to
the Illinois EPA. Volume II represents the trade secret
copy of information consisting only of Midwest Generation’s
2
response to the USEPA’s Section 114 informational request
and Midwest Generation’s trade secret Statement of
Justification. Given the considerable amount of paginated
materials and the resources required to provide a total of
four (4) copies, the Illinois EPA did not copy the
duplicative material twice for both volumes of the record.
This Administrative Record specifically consists of the
following:
Volume I
Public (redacted) Copy
Document
Page
1. Midwest Generation’s November 6, 2003,
1-173
USEPA’s Request for Information Pursuant
to Section 114 of the Clean Air Act.
2. Correspondence, dated January 5, 2004, from 174-175
Chris Pressnall, Assistant Counsel for
Illinois EPA, to Jane Montgomery, Schiff
Harden and Waite.
3. Correspondence, dated January 8, 2004, from 176
Jane Montgomery, Schiff Harden and Waite to
Chris Pressnall, Assistant Counsel for
Illinois EPA.
4. Midwest Generation’s trade secret Statement 177-204
of Justification, dated January 23, 2004.
5. Denial of Trade Secret Claim letter, dated 205-206
March 10, 2004, from Chris Pressnall,
Assistant Counsel for Illinois EPA to
Jane Montgomery, Schiff Harden and Waite.
6. 56 Federal Register No. 35, pages 7042 and 207-208
7043 Thursday, February 21, 1991.
7. Electronic mail, dated April 12, 2004, from 209-210
3
Chris Pressnall, Assistant Counsel for
Illinois EPA to Annie Mullin, Schiff Harden
and Waite, and attached electronic mail,
dated April 9, 2004,from Scott Owens,
Illinois EPA to Chris Pressnall.
8. Electronic mail, dated March 25, 2004, from 211-212
Chris Pressnall, Assistant Counsel for
Illinois EPA to Annie Mullin, Schiff Harden
and Waite, and attached electronic mail,
dated March 9, 2004, from Scott Owens,
Illinois EPA to Chris Pressnall.
9. United States Department of Energy, Energy 213-219
Information Administration (“DOE”) web page
concerning “Confidentiality of Information
on EIA Electric Power Surveys”.
10. Illinois EPA NOx Trading Program Early
220-222
Reduction Credits web page that includes the
facility’s ORIS number.
11. Illinois EPA NOx Trading Program NOx
223-226
Allowances 2004-2006 web page that includes
the facility’s ORIS number.
12. United States Environmental Protection
227-234
Agency (“USEPA”) Emissions Tracking System
web page that includes the facility’s ORIS
number.
13. DOE’s Annual Steam-Electric Plant Operation 235-236
and Design Data (EIA-767 Data Files) web page.
14. User guide for DOE’s F767 Generator Table. 237
15. Midwest Generation’s 2001 generator data
238
from DOE’s Web_F767_Generator web page.
16. Midwest Generation’s 2002 generator data
239
from DOE’s Web F767 Generator web page.
17. User guide for DOE’s 767 Boiler Fuel.
240-241
18. DOE Form EIA-767 (2003) Steam Electric Plant 242-274
Operation and Design Report.
4
19. Midwest Generation’s 2001 boiler net heat 275-276
rate data from DOE’s Web F767 Boiler Fuel
web page.
20. Midwest Generation’s 2002 boiler net heat 277-278
rate data from DOE’s Web F767 Boiler Fuel
web page.
21. DOE Form EIA-906 and EIA-920 Databases.
279
22. The DOE F9O6nonutilLAYOUT2000.txt.
280
23. DOE Power Plant Database F906 that includes 281-282
Midwest Generations’ generator data and
fuel data for 2000.
24. Letter, dated August 22, 2003, from Basil G. 283-454
Constantelos, Director, Environmental, Health
and Safety for Midwest Generation to Jim Ross,
Acting Permit Manager for Illinois EPA,
Bureau of Air and attached relevant portions
of the Title V Permit Application for the
Powerton Electrical Generating Station.
25. Letter, dated June 20, 2003, from Basil G. 455-655
Constantelos, Director, Environmental, Health
and Safety for Midwest Generation to Donald
Sutton, Permit Manager for Illinois EPA,
Bureau of Air and attached relevant portions
of the Title V Permit Application for the
Waukegan Electrical Generating Station.
26. Letter, dated February 26, 2003, from Basil 656-795
G. Constantelos, Director, Environmental,
Health and Safety for Midwest Generation to
Donald Sutton, Permit Manager for Illinois
EPA, Bureau of Air and attached relevant
portions of the Title V Permit Application
for the Crawford Electrical Generating
Station.
27. Letter, dated September 19, 2002,
796-977
Constantelos, Director, Environmental, Health
and Safety for Midwest Generation to Donald
Sutton, Permit Manager for Illinois EPA,
Bureau of Air and attached relevant portions
of the Title V Permit Application for the
5
Joliet Electrical Generating Station.
28. Letter, dated May 23, 2003, from Basil G. 978-1245
Constantelos, Director, Environmental,
Health and Safety for Midwest Generation to
Donald Sutton, Permit Manager for Illinois
EPA, Bureau of Air and attached relevant
portions of the Title V Permit Application
for the Will County Electrical Generating
Station.
29. Letter, dated March 27, 2003, from Basil G. 1246-1247
Acting Permit Manager for Illinois EPA,
Bureau of Air.
30. Letter, dated February 14, 2003, from Basil 1248-1319
G. Constantelos, Director, Environmental,
Health and Safety for Midwest Generation to
Donald Sutton, Permit Manager for Illinois
EPA, Bureau of Air and attached relevant
portions of the Title V Permit Application
for the Fisk Electrical Generating Station.
31. Construction Permit Application No. 00040072 1320-1321
for the construction of emission source(s)
and/or air pollution control equipment
consisting of low Nox Burners at Boiler 7
for Midwest Generation’s Crawford Station.
32. Construction Permit Application No. 00060077 1322-1323
for the .construction of emission source(s)
and/or air pollution control equipment
consisting of low Nox Burners at Boiler 8 for
Midwest Generation’s Crawford Station.
33. Operating Permit Application No. 73030816 1324-1329
for the operation of emission source(s)
and/or air pollution control equipment
consisting of the Unit 19 Boiler with
associated electrostatic precipitator at
Midwest Generation’s Fisk Station.
34. Construction Permit Application No. 02060043 1330-1331
for the construction of emission source(s)
and/or air pollution control equipment
consisting of low Nox Burners at Boiler 19
for Midwest Generation’s Fisk Station.
6
35. Revised Operating Permit Application No.
1332-1337
73030837 for the operation of emission
source(s) and/or air pollution control
equipment consisting of the Unit 6 boiler
with a separated over-fire air system and
associated electrostatic precipitator at
Midwest Generation’s Joliet Station.
36. Operating Permit Application No. 73030838 1338-1345
for the operation of emission source(s)
and/or air pollution control equipment
consisting of boilers 71 and 72 with low NOx
burners and electrostatic precipitators, coal
ash silos A-H and the Unit 7 turbine oil tank
at Midwest Generation’s Joliet Station.
37. Revised Operating Permit Application No.
1346-1353
73030839 for the operation of emission
source(s) and/or air pollution control
equipment consisting of the Unit 8 boiler with
low NOx burners and with and associated
electrostatic precipitator at Midwest
Generation’s Joliet Station.
38. Construction Permit Application No. 00060099 1354-1357
f or the construction of emission source(s)
and/or air pollution control equipment
consisting of low Nox burners for Unit 8
Boiler 81 and 82 at Midwest Generation’s
Joliet Station.
39. Construction Permit Application No. 00020057 1358-1361
for the construction of emission source(s)
and/or air pollution control equipment
consisting of low Nox burners and separated
over-fire air systems Boilers 71 and 72 at
Midwest Generation’s Joliet Station.
40. Construction Permit Application No. 00040073 1362-1363
for the construction of emission source(s)
and/or air pollution control equipment
consisting of an over-fire air system for
Unit 6 Boiler at Midwest Generation’s Joliet
Station.
41. Construction Permit Application No. 00060099 1364-1365
7
for the construction of emission source(s)
and/or air pollution control equipment
consisting of low Nox burners for Unit
8 Boiler 81 and 82 at Midwest Generation’s
Joliet Station.
42. Construction Permit Application No. 02100054 1366-1367
for the construction of emission source(s)
and/or air pollution control equipment
consisting of changes to coal handling
equipment, including replacing five bag houses
BH1-BH5) at Midwest Generation’s Joliet
Station.
43. Revised Operating Permit Application No.
1368-1371
76080033 for the operation of emission
source(s) and/or air pollution control
equipment consisting of the boilers 51 and
52 with associated electrostatic
precipitators at Midwest Generation’s
Powerton Station.
44. Revised Operating Permit Application No.
1372-1376
82120068 for the operation of emission
source(s) and/or air pollution control
consisting of the Unit 6 boiler with
separated over-fire air system and associated
electrostatic precipitator at Midwest
Generation’s Powerton Station.
45. Construction Permit Application No. 01080005 1377-1378
for the construction of emission source(s)
and/or air pollution control equipment
consisting of over fire air system for Boiler
Unit 61 at Midwest Generation’s Powerton
Station.
46. Construction Permit Application No. 01080029 1379-1380
for the construction of emission source(s)
and/or air pollution control equipment
consisting of over fire air system on Units
51 and 52 boiler at Midwest Generation’s
Powerton Station.
47. Construction Permit Application No. 02020076 1381-1382
for the construction of emission source(s)
and/or air pollution control equipment
8
consisting of a bench scale mercury control
system on either Boiler 51 or 62 at Midwest
Generation’s Powerton Station.
48. Joint Construction and Operating Permit
1383
Application No. 02070046 to construct and
operate emission source(s) and/or air
pollution control equipment consisting of a
1,000-gallon gasoline storage tank at Midwest
Generation’s Powerton Station.
49. Letter,dated May 8, 2003, from Donald Sutton 1384-1391
Permit Manager for Illinois EPA, Bureau of
Air to Bob Duey, Waukegan Electric Generating
Station, and attached Revised Operating
Permit Application Number 73030829 for the
operation of emission source(s) and/or air
pollution control equipment consisting of the
Unit 6 boiler with over fire air system and
associated electrostatic precipitator at
Midwest Generation’s Waukegan Station.
50. Operating Permit Application No.73030831 for 1392-1399
the operation of emission source(s) and/ or
air pollution control equipment consisting of
Unit 8 boiler with low Nox burners and
associated electrostatic precipitators, a
turbine oil tank and a coal bunker at Midwest
Generation’s Waukegan Station.
51. Letter, dated December 15, 1999, from Donald 1400-1407
Sutton, Permit Manager for Illinois EPA,,
Bureau of Air to Jon Corcoran, Midwest
Generation LLC, and attached Revised
Operating Permit Application Number 75030155
for the operation of emission source(s)
and/or air pollution control equipment
consisting of the Unit 7 boiler with
associated hot electrostatic precipitator,
a turbine oil reservoir and the Unit 7 coal
bunker at Midwest Generation’s Waukegan
Station.
52. Construction Permit Application No. 00070031 1408-1409
for the construction of emission source(s)
and/or air pollution control equipment
consisting of over fire air system for Boiler
9
Unit 6, at Midwest Generation’s Waukegan
electrical generating station.
53. Construction Permit Application No. 01090019
1410
for the construction of emission source(s)
and/or air pollution control equipment
consisting of refurbished and upgraded Hot
Electrostatic Precipitator for Unit 7 at
Midwest Generation’s Waukegan Station.
54.’ Construction Permit Application No. 02100061 1411-1412
for the construction of emission source(s)
and/or air pollution control equipment
consisting of changes to coal handling
equipment, including replacing two bag houses
(BH3, BH4)at Midwest Generation’s Waukegan
Station.
55. Letter, dated December 15, 1999, from
1413-1418
Donald Sutton, Permit Manager for Illinois
EPA, Bureau of Air to Jon Corcoran, Midwest
Generation LLC, and attached Revised
Operating Permit Application Number 73030969
for the operation of emission source(s)
and/or air pollution control equipment
consisting of 2 barge unloaders BU-l andBU-2,
a transfer house, a coal reclaim hopper,
a surge hopper, coal bell R-1, a breaker
building house with bag house BH-5, 5 coal
conveyors, A, C, D, H and U, four coal bunker
rotoclones, C to D. transfer and Ul and U2
cyclone exhaust to bag house BH-l, a
stationary vacuum unit VU-l, 6 fuel oil
storage tanks, a coal storage pile, 2 fly ash
silos and unloading spouts with bag filters,
unit 4 precipitator hopper room vent fan
filer VFF-l, unit 1 hopper room bag house,
one propane fired air heater and 1 gasoline
tank at Midwest Generation’s Will County
Station.
56. Revised Operating Permit Application No.
1419-1426
73030970 for the operation of emission
source(s) and/or air pollution control
consisting of the Unit 1 boiler with
associated electrostatic precipitator,
Unit 1 coal bunker with rotoclone and
10
bag house, turbine oil reservoir and a
turbine oil storage tank at Midwest
Generation’s Will County Station.
57. Revised Operating Permit Application No.
1427-1433
73030971 for the operation of emission
source(s) and/or air pollution control
consisting of the Unit 2 boiler with
associated electrostatic precipitator,
Unit 2 coal bunker, 1 rotoclone, 1 bag house’,
turbine oil reservoir LR-2 and turbine oil
storage tank LS 3-4 at Midwest Generation’s
Will County Station.
58. Letter, dated March 27, 2003, from Donald 1434-1442
Sutton, Permit Manager for Illinois EPA,
Bureau of Air to Craig Lucke, Will County
Electric Generating Station, and attached
Revised Operating Permit Application Number
73030972 for the operation of emission
source(s) and/or air pollution control
equipment consisting of the Unit 3 boiler
with associated electrostatic precipitator
at Midwest Generation’s Will County Station.
59. Letter, dated March 27, 2003, from Donald 1443-1451
Sutton, Permit Manager for Illinois EPA,
Bureau of Air to Craig Lucke, Will County
Electric Generating Station, and attached
Revised Operating Permit Application Number
73030973 for the operation of emission
source(s) and/or air pollution control
equipment consisting of the Unit 4 boiler
with low Nox burners and associated
electrostatic precipitator, a coal bunker,
three turbine oil reservoirs and a turbine
oil tank at Midwest Generation’s Will
County Station.
60. Construction Permit Application No. 0008007 1452-1453
for the construction of emission source(s)
and/or air pollution control equipment
consisting of low NOx burners for Boiler 3
at Midwest Generation’s Will County
electrical generating station.
61. Letter, dated April 28, 2000, from Basil G. 1454-1474
11
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
David J. Kolaz, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Crawford
generating station for the calendar quarter
ending March 31, 2000.
62. Letter, dated July 28, 2000, from Basil G. 1475-1483
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
David J. ‘Kolaz, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Crawford
generating station for the calendar quarter
ending June 30, 2000.
63. Letter, dated January 18, 2001, from Basil G.l484-1492
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
Dave Asselmeier, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Crawford
generating station for the calendar quarter
ending December 31, 2000.
64. Letter, dated July 16, 2001, from Basil G. 1493-1501
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Crawford
generating station for the calendar quarter
ending June 30, 2001.
65. Letter, dated October 15, 2001, from Basil G.l502-l505
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Crawford
generating station for the calendar quarter
ending September 30, 2001.
66. Letter, dated January 14, 2002, from Basil G.l506-l509
Constantelos, Director of Environmental
12
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Crawford
generating station for the calendar quarter
ending December 31, 2001.
67. Letter, dated April 15, 2002, from Basil G. 1510-1518
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Crawford
generating station for the calendar quarter
ending March 31, sic 2002.
68. Letter, dated July 17, 2002, from Basil G. 1519-1527
Constantelos, Diredtor of Environmental
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Crawford
generating station for the second quarter of
2002.
69. Letter, dated January 22, 2003, from Basil G.l528-l53l
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Crawford
generating station for the fourth quarter of
2002.
70. Letter, dated July 28, 2000, from Basil G. 1532-1538
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
David J. Kolaz, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Fisk
generating station for the calendar quarter
ending June 30, 2000.
71. Letter, dated July 16, 2001, from Basil G. 1539-1546
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
13
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Fisk
generating station for the calendar quarter
ending June 30, 2001.
72. Letter, dated October 15, 2001, from Basil G.l547-l549
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached.coal analyses for Fisk
generating station for the calendar quarter
ending September 30, 2001.
73. Letter, dated January 14, 2002, from Basil G.l550-1552
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for,Fisk
generating station for the calendar quarter
ending December 31, 2001.
74. Letter, dated April 15, 2002, from Basil G. 1553-1560
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Fisk
generating station for the calendar quarter
ending March 31 sic 2002.
75. Letter, dated July 17, 2002, from Basil G. 1561-1567
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Fisk
generating station for the second quarter of
2002.
76. Letter, dated October 14, 2002, from Basil G.l568-1576
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
Management Section for Illinois EPA•Bureau
14
Air and attached coal analyses for Fisk
generating station for the third quarter of
2002.
77. Letter, dated January 22, 2003, from Basil G.l577-l578
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Fisk
generating station for the fourth quarter
of 2002.
78. Letter, dated April 28, 2000, from Basil G. 1579-1599
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
David J. Kolaz, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Waukegan
generating station for the calendar quarter
ending March 31, 2000.
79. Letter, dated July 28, 2000, from Basil G. 1600-1608
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
David J. Kolaz, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Waukegan
generating station for the calendar quarter
ending June 30, 2000.
80. Letter, dated October 20, 2000, from Basil G.l609-l631
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
David Asselmeier, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Waukegan
generating station for the calendar quarter
ending September 30, 2000.
81. Letter, dated January 18, 2001, from Basil G.l632-l64l
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
David Asselmeier, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Waukegan
generating station for the calendar quarter
15
ending December 31, 2000.
82. Letter, dated April 18, 2001, from Basil G. 1642-1650
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
David Asselmeier, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Waukegan
generating station for the calendar quarter
ending March 31, 2001.
83. Letter, dated July 16, 2001, from Basil G. 1651-1661
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Waukegan
generating station for the calendar quarter
ending June 30, 2001.
84. Letter, dated October 15, 2001, from Basil G.1662-l666
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Waukegan
generating station for the calendar quarter
ending September 30, 2001.
85. Letter, dated January 14, 2002, from Basil G.1667-167l
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Waukegan
generating station for the calendar quarter
ending December 31, 2001.
86. Letter, dated July 17, 2002,. from Basil G. 1672-1680
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Waukegan
generating station for the second quarter of
2002.
16
87. Letter, dated October 14, 2002, from Basil G.168l-169l
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Waukegan
generating station for the third quarter of
2002.
88. Letter, dated January 22, 2003, from Basil G.l692-l698
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Waukegan
generating station for the fourth quarter of
2002.
89. Letter, dated April 28, 2000, from Basil G. 1699-1719
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
David J. Kolaz, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Powerton
generating station for the calendar quarter
ending March 31, 2000.
90. Letter, dated July 28, 2000, from Basil G. 1720-1727
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
David J. Kolaz, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Powerton
generating station for the calendar quarter
ending June 30, 2000.
91. Letter, dated October 20, 2000, from Basil G.l728-1750
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
David Asselmeier, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Powerton
generating station for the calendar quarter
ending September 30, 2000.
92. Letter, dated January 18, 2001, from Basil G.l751-l759
Constantelos, Director of Environmental
17
Health and Safety for Midwest Generation to
David Asselmeier, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Powerton
generating station for the calendar quarter
ending December 31, 2000.
93. Letter, dated April 18, 2001, from Basil G. 1760-1767
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
David Asselmeier, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Powerton
generating station for the calendar quarter
ending March 31, 2001.
94. Letter, dated July 16, 2001, from Basil G. 1768-1773
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Powerton
generating station for the calendar quarter
ending June 30, 2001.
95. Letter, dated October 15, 2001, from Basil G.l775-l777
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Powerton
generating station for the calendar quarter
ending September 30, 2001.
96. Letter, dated January 14, 2002, from Basil G.l778-1782
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Powerton
generating station for the calendar quarter
ending December 31, 2001.
97. Letter, dated April 15, 2002, from Basil G. 1783-1791
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
18
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Powerton
generating station for the calendar quarter
ending March 31, 2001.
98. Letter, dated July 17, 2002, from Basil G. 1792-1800
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Powerton
generating station for the second quarter of
2002.
99. Letter, dated October 14, 2002, from Basil G.180l-l8lO
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Powerton
generating station for the calendar quarter
ending third quarter of 2002.
100. Letter, dated January 22, 2003, from Basil G.l8ll-l8l7
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Powerton
generating station for the fourth quarter of
2002.
101. Letter, dated April 28, 2000, from Basil G. 1818-1838
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
David J. Kolaz, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Joliet
generating station for the calendar quarter
ending March 31, 2000.
102. Letter, dated October 20, 2000, from Basil G.l839-186l
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
David Asselmeier, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Joliet
19
.
generating station for the calendar quarter
ending September 30, 2000.
103. Letter, dated January 18, 2001, from Basil G.l862-187l
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
David Asselmeier, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Joliet
generating station for the calendar quarter
ending December 31, 2000.
104. Letter, dated July, 16, 2001, from Basil G. 1872-1882
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems’
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Joliet
generating station for the calendar quarter
ending June 30, 2001.
105. Letter, dated October 15, 2001, from Basil G.l883-l887
Constantelos, Director of Environmental
Health’ and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Joliet
generating station for the calendar quarter
ending September 30, 2001.
106. Letter, dated January 22, 2003, from Basil G.l888-1894
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Joliet
generating station for the fourth quarter of
2003.
107. Letter, dated April 28, 2000, from Basil G. 1895-1914
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
David J. Kolaz, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Will County
generating station for the calendar quarter
ending March 31, 2000.
20
108. Letter, dated July 28, 2000, from Basil G. 1915-1924
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
David J. Kolaz, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Will County
generating station for the calendar quarter
ending June 30, 2000.
109. Letter, dated April 18, 2001, from Basil G. 1925-1934
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
David Asselmeier, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Will County
generating station for the calendar quarter
ending March 31, 2001.
110. Letter, dated October 20, 2000, from Basil G.l935-l957
Constantelos, Director of Environmental
Health and Safety for Midwest’ Generation to
David Asselmeier, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Will County
generating station for the calendar quarter
ending September 30, 2000.
111. Letter, dated July 16, 2001, from Basil G. 1958-1968
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
David Asselmeier, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Will County
generating station for the calendar quarter
ending June 30, 2001.
112. Letter, dated October 15, 2001, from Basil G.1969-l982
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Will County
generating station for the calendar quarter
ending September 30, 2001.
113. Letter, dated April 15, 2002, from Basil G. 1983-1993
21
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
Management Section for- Illinois EPA Bureau
Air and attached coal analyses for Will County
generating station for the calendar quarter
ending March 31, 2001.
114. Letter, dated July 17, 2002, from Basil G. 1994-2003
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Powerton
generating station for the second quarter of
2002.
115. Letter, dated October 14, 2002, from Basil G.2004-2009
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Will County
generating station for the third quarter of
2002.
116. Letter, dated October 14, 2002, from Basil G.20l0-2019
Constantelos, Director of Environmental
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Will County
generating station for the third quarter of
2002.
117. Letter, dated January 22, 2003, from Basil G.2020-2028
Constantelos, Director of, Environmental
Health and Safety for Midwest Generation to
Julie Armitage, Compliance and Systems
Management Section for Illinois EPA Bureau
Air and attached coal analyses for Will County
generating station for the fourth quarter of
2002.
118.
United States of America, et al. v. Duke
2029-2089
Energy Corporation,
United States District
Court for the Middle District of North
22
Carolina, Civil No. 1:00CV01262, Complaint.
119.
United States of America, et al. v. Duke
2090-2174
Energy Corporation,
United States District
Court for the Middle District of North
Carolina, Civil No. 1:00CV01262, Memorandum
Opinion, dated August 26, 2003.
120.
United States of America, et al. v.
2175-2257
Wisconsin Electric Power Company,
United
States District Court for the Eastern
District of Wisconsin, Civil No. 03-C-0371,
Amended Consent Decree.
121.
United States of America, et al. v. Ohio
-
2258-2367
Edison Company, et al.,
United States
District Court for the Southeastern District
of Ohio, Eastern Division, Case No. 2:99-CV-
1181, Opinion and Order, dated August 7, 2003.
122. New Source Review Workshop Manual, Prevention2368-269l
of Significant Deterioration and
Nonattainment Area Permitting, October 1990.
Volume II
Trade Secret Copy
Document
Page
1. Midwest Generation’s November 6, 2003,
1-173
USEPA’s Request for Information Pursuant
to Section 114 of the Clean Air Act.
23
2. Midwest Generation’s trade secret Statement 174-201
of Justification, dated January 23, 2004.
Respectfully submitted,
ILLINIOS ENVIRONMENTAL
PROTECTION AGENCY
Sally ~rter
Assistant Counsel
Division of Legal Counsel
Date: May 19, 2004
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
-
Springfield, IL 62794-9276
217/782-5544
This Filing Submitted on Recycled Paper
24
CERTIFICATE OF SERVICE
I hereby certify that I did on the 19th day of May
2004, send by Federal Express, with postage thereon fully
prepaid, a true and correct copy of the following documents
entitled NOTICE, APPEARANCE, and ADMINISTRATIVE RECORD OF
TRADE SECRET DETERMINATION
To: Sheldon A. Zabel
Mary A. Mullin
Schiff Hardin LLP
6600 Sears Tower
Chicago, Illinois 60606
and the original and four copies with postage thereon fully
prepaid of the same foregoing instrument(s)
To: Dorothy Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
Suite 11-500
100 West Randolph
Chicago, Illinios 60601
A copy was also sent by Federal Express with postage
thereon fully prepaid
To: Brad Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph
Suite 11-500
Chicago, Illinois 60601
SAL A. CARTER
Assistant Counsel
This filing is submitted on recycled paper.
