BEFORE THE ILLINOIS POLLUTION CONTROL BOARD RECEIVED
OF THE STATE OF ILLINOIS
CLERK'S OFFICE
MIDWEST GENERATION, LLC,
WAUKEGAN GENERATING STATION,
Petitioner,
V .
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent .
To
:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph Street
Chicago, Illinois 60601
(CAAPP Permit Appeal)
Sheldon A. Zabel
Kathleen C. Bassi
Stephen J. Bonebrake
Joshua R. More
Kavita M. Patel
SchiffHardin, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
MAR 3 1 2006
STATE OF ILLINOIS
Pollution Control Board
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
Illinois Pollution Control Board the MOTION FOR LEAVE TO FILE AHARD COPY OF
THE ADMINISTRATIVE RECORD AND FOUR COPIES OF THE ADMINISTRATIVE
RECORD ON COMPACT DISCS and ADMINISTRATIVE RECORD of the Respondent,
Illinois Environmental Protection Agency, a copy of which is herewith served upon the assigned
Hearing Office and the attorney for the Petitioner
.
Respectfully submitted by,
Sally C
e
Assistant Counsel
Dated: March 29, 2006
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD RECEIVED
OF THE STATE OF ILLINOIS
CLERK'S OFFICE
MAR 3 1 2006
MIDWEST GENERATION, LLC,
)
ILLINOIS
WAUKEGAN GENERATING STATION,
STATE
OF )
Pollution Control Board
Petitioner,
)
PCB No. 2006-146
v.
)
(CAAPP Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent
.
)
MOTION FOR LEAVE TO FILE AHARD COPY OF THE
ADMINISTRATIVE RECORD AND FOUR COPIES OF THE
ADMINISTRATIVE RECORD ON COMPACT DISCS
NOW COMES the Respondent, ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY ("Illinois EPA"), by and through its attorneys, pursuant to 35 III. Adm. Code
101.500 and moves the ILLINOIS POLLUTION CONTROL BOARD ("Board") to grant
the Illinois EPA leave in this cause to file a hard copy of the Administrative Record and
scanned versions of the Administrative Record on four compact discs
.
I
.
Petitioners filed their Petition with the Board on March 13, 2006, seeking
a review of certain permit conditions contained within the Clean Air Act Permit Program
("CAAPP") permit issued to Midwest Generation, LLC ("Midwest Generation" or
"Waukegan") by the Illinois EPA on February 7, 2006 . The permit authorized the
operation of an electrical power generation facility known as the Waukegan Generating
Station. The facility is located at 410 East Greenwood Avenue, Waukegan, Lake County,
Illinois. Formal notice of the appeal was served upon the Illinois EPA on March 15,
2006 .
2
.
On March 16, 2006, the Board accepted Midwest Generation's Petition for
hearing. In addition, the Board ordered the Respondent to file the entire record of its
determination by April 12, 2006
.
3 .
As previously conveyed to the Board in the related twenty-one CAAPP
permit appeals, this Administrative Record and the related records are quite voluminous
.
Waukegan's record consists generally of six trial boxes of material. Approximately three
boxes are particular to Waukegan alone, while three other boxes are more aptly
characterized as general reference material and documents relevant to the decisions
underlying the issuance of all twenty-two CAAPP permits to the State's electrical power
generation facilities. As previously conveyed to the Board, the Illinois EPA does not
possess the support-staff to make the necessary copies for filing before the Board, the
assigned Hearing Officer and opposing counsel . If the Respondent were to seek leave
from the Board to file four copies of the record, plus the original, the Respondent would
still be mailing approximately thirty trial boxes to the Board for Waukegan alone . This
scenario does not include the six boxes that would still be required for opposing counsel
and, depending on the outcome of the settlement discussions, possibly the Hearing
Officer as well
.
4 .
In a February 16, 2006, Order, pertaining to the related twenty-one
CAAPP appeals, and in response to the Illinois EPA's Motions for Leave to File the
Administrative Record on Compact Discs, the Board ordered the Illinois EPA to file one
hard copy of the Administrative Record and granted the Illinois EPA leave to file four
copies of the Administrative Record on compact discs . The Illinois EPA seeks leave to
do the same for the Administrative Record applicable to the Waukegan Generating
Station .
5
.
Counsel for Petitioner has previously conveyed to the Illinois EPA that
they have no objection to a scanned version of the Administrative Record
.
6 .
Based on the foregoing, the Illinois EPA formally seeks leave to file a
hard copy of the Administrative Record and four copies of the Administrative Record on
compact discs with the Board .' Specifically, the Illinois requests leave to file a hard copy
and four sets of compact discs with the Board containing the three trial boxes of the
Administrative Record that are particular to Waukegan alone . Consistent with the related
twenty-one CAAPP appeals, the Illinois EPA requests leave to file one hard copy and
four sets of compact discs for all twenty-two CAAPP permit appeals for the additional
three trial boxes more aptly characterized as general reference material and documents
relevant to the decisions underlying the issuance of all twenty-two CAAPP permits to the
State's electrical power generation facilities . This will avoid the needless duplication of
the same general reference discs for all twenty-two CAAPP appeals before the Board
.
7 .
The granting of this Motion for Leave to File a Hard Copy of the
Administrative Record and Four Copies of the Administrative Record on Compact Discs
'
As previously conveyed to the Board in the related permitted appeals, a searchable version of
the scanned compact discs would be cost prohibitive to the State of Illinois . Under the State
contract, it costs the Illinois EPA a little over three cents a page to have a document scanned by
the contractor. To provide a searchable scanned document via optical character recognition, it
would cost the Illinois EPA approximately a dollar a page for a typical written document . While
the contractor does not provide a guarantee on the accuracy of this function, it typically operates
with 70 % degree of accuracy. If the Illinois EPA requested the same search function on all
handwritten documents in the Administrative Record as well, it would cost approximately $1 .65
per page. Counsel for the Illinois EPA estimates that there are approximately 150,000 pages
including countless handwritten documents in the Administrative Record and the related records
pertaining to the twenty-one CAAPP permit appeals involving the other electrical power
generating facilities in the State . The cost differential between the varying degrees of searchable
records and a non-searchable record is anywhere from $150,000 to $247,500 versus $5,000
.
will ensure that this voluminous record is not only filed but will further minimize any
potential administrative burdens associated with the maintenance and storage of hundreds
of trial boxes for this appeal, together with the other twenty-one CAAPP appeals before
the Board and the assigned Hearing Officer
.
WHEREFORE, the Illinois EPA respectfully requests that the Board grant this
Motion for Leave to File a Hard Copy of the Administrative Record and Four Copies of
the Administrative Record on Compact Discs
.
Respectfully submitted by,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Sally A. arter
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217)782-5544
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
MIDWEST GENERATION, LLC,
)
WAUKEGAN GENERATING STATION,
)
Petitioner,
)
v .
)
PCB 2006-146
(CAAPP Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
ADMINISTRATIVE RECORD
The Respondent, Illinois Environmental Protection Agency ("Illinois EPA"), by
and through its attorneys in accordance with the Illinois Pollution Control Board's
("Board") Order of February 16, 2006, files its Administrative Record ("Administrative
Record") in this cause
.
Acting in accordance with its authority under the CAAPP provisions of the
Illinois Environmental Protection Act (hereinafter "Act"), 415 ILCS 5/39 .5(2004), the
Illinois EPA issued a CAAPP permit to Midwest Generation on February 7, 2006 . The
permit authorized the operation of an electrical power generation facility known as the
Waukegan Generating Station. The facility is located at 410 East Greenwood Avenue, in
Waukegan, Illinois. On March 13, 2006, Petitioner filed a petition before the Board
challenging certain permit conditions contained within the Clean Air Act Permit Program
("CAAPP") permit issued by the Illinois EPA
.
A hard copy of the Administrative Record and four copies of the Administrative
Record on compact discs are filed with the Board . A Motion for Leave to File the
Administrative Record on a Set of Compact Discs accompanies this Administrative
1
Record.' The Administrative Record consists of, among other things, Midwest
Generation's permit application materials, various draft permits issued for public
comment, correspondence between the Illinois EPA and both Midwest Generation and
the United States Environmental Protection Agency, public comments received during
the multiple public comment periods, various construction and operating permits issued
to Midwest Generation, internal agency memorandums, and miscellaneous general
reference materials
.
Given the considerable amount of paginated materials and the resources required
to provide the Administrative Record to the Board and opposing counsel, the Illinois EPA
generally did not copy duplicative materials
(e .g., general reference and Electric Energy
-
AUGI model documents) for each of the twenty-one records for the related CAAPP
appeals. As the General Reference Material is applicable to all twenty-two appeals, the
Illinois EPA has provided one hard copy of the General Reference Materials and four
copies of the General Reference Materials on compact discs with the Board for all the
related appeals. These documents are listed at the end of this Administrative Record
under the heading "General Materials."
Contents of the Administrative Record
Miscellaneous documents pertaining to Draft Permit and Public Notice
.
[Pages 1-162]
Hearing Transcript, 2325 Brookside Avenue, Waukegan, Illinois, August 19, 2003
.
[Pages 163-3751
Preliminary Responsiveness Summary, dated August 15, 2005
.
[Pages 376-419]
'
In a February 16, 2006, Order, pertaining to the related twenty-one CAAPP appeals, the Board
ordered the Illinois EPA to file one hard copy of the Administrative Record and granted the
Illinois EPA leave to file four copies of the Administrative Record on compact discs . The Illinois
EPA seeks leave to do the same for the instant Administrative Record in the accompanying
Motion for Leave to File the Administrative Record on a Set of Compact Discs
2
Proposed Permit (USEPA Review) Revised Proposed Permit, dated August 2005
.
(Pages
420-559]
Proposed Permit (USEPA Review) Proposed CAAPP Permit, dated October 6, 2003
.
[Pages
560-6791
Extension Denial Letter notifying that the comments must be postmarked by August 1,
2005
.
[Page
680]
Coal-Fired CAAPP Repreproposed Notification
.
[Page
681]
Draft Revised Proposed Permit, dated July 2005
.
[Pages
682-820]
Coal-Fired Revised Proposed CAAPP Notification
.
[Page
821]
Revised Proposed CAAPP Permit Draft, dated December 2004
.
[Pages
822-957]
July 19, 2005, Letter. [Pages
958-9631
August 15, 2005, Letter . [Pages
964-969]
September 29, 2005, Responsiveness Summary .
[Pages
970-1013]
Revised Proposed Permit, dated December 2005
.
[Pages
1014-1161]
December 1, 2005, Responsiveness Summary
.
[Pages
1162-1203]
Waukegan CAAPP Notification, 12/1/05
.
[Pages
1204-1205]
Revised Proposed Permit
- Draft, December 2005
.
[Pages
1206-1353]
December 1, 2005, Letter .
[Pages
1354-13581
Responsiveness Summary for the CAAPP Permit Application for Waukegan, dated
December 23, 2005
.
[Pages
1359-14171
Letter from Donald Sutton to Pamela Blakely, USEPA, Region 5, providing Resubmittal
of Proposed CAAPP Permit for the Waukegan Generating Station, dated December 23,
2005. [Pages
1418-1429]
Letter from Brad Frost to Michigan Department of Environmental Quality and Indiana
Department of Environmental Management, dated December 23, 2005 .
[Pages
1430-
1431]
Final Permit and Calculation Sheet, dated February 7, 2006 .
[Pages
1432-1582]
3
February 7, 2006, Letter. [Pages 1583-15881
Final Responsiveness Summary
.
[Pages 1589-1646]
097 190 AAC 03 95 09 0047
- Midwest Generation [Pages 1647-1941]
*
Traveler Sheet
[Page 16471
Application for CAAPP Permit, dated received September 7, 1995
.
[Pages 1648-
1652]
Fee Determination for CAAPP Permit, dated received September 7, 1995
.
[Pages
1653-1654]
Compliance Certification, dated received September 7, 1995
.
[Pages 1655-16631
CAAPP Application Completeness Determination and Source Fee Determination,
Determination dated September 15, 1995
.
[Pages 1664-1666]
Process Emission Unit and Data Information, dated received October 10, 1995
.
[Pages 1667-18711
Cost Estimates for NOx Emissions Reduction for All Coal-Fired Utility Boilers,
date updated 3/5/97 .
[Page 1872]
Letter from Basil G. Constantelos, Director
of
Environmental, Health and Safety,
Midwest Generation to Donald Sutton, Manager, Permit Section, Illinois EPA,
regarding Waukegan 6 - NOx Overfire Air Reduction System, Operating Permit
request and Title V application update, dated May 10, 2002, and attachments .
[Pages 1873-18891
Letter from Basil Constantelos to Clean Air Markets Official, USEPA, regarding
Revised NOx Budget Account Certificate
of
Representation Forms, dated May
31, 2002, and attachments
.
[Pages 1890-1895]
Letter from Basil Constantelos to Julie Armitage regarding Construction Permit
Special Condition Performance Report on Low NOx Burners, dated November
14, 2002, and attachment . [Pages 1896-1917]
Power Plant Initiative
- February 2003, dated 2/3/03 .
[Pages 1918-1919]
Letter from Basil G. Constantelos to Jim Ross, Manager, Permit Section, Illinois
EPA, regarding Notification of NOx Averaging for Compliance with IAC 217
Subpart V and Submittal of Form 640-CAAPP, dated April 3, 2003, and
attachment .
[Pages 1920-19391
4
Memorandum from David Kolaz to Renee Cipriano regarding Approval for
Public Hearings for Coal-Fired Power Plant Permits, dated June 2, 2003
.
[Pages
1940-1941]
Letter from Basil Constantelos to Donald Sutton regarding Title V Permit
Application Complete Update, Waukegan Electrical Generating Station, dated June 20,
2003, and attached Title V Permit Application for the Waukegan Generating Station,
dated June 19, 2003
.
[Pages 1942-2838]
Miscellaneous Correspondence & Application Material [Pages 2839-2852]
Letter from Basil Constantelos to Donald Sutton regarding Title V Permit
Application Complete Update, Waukegan Electrical Generating Station, dated
June 20, 2003
.
[Pages 2839-2843]
Email from Jim Ross, Acting Permit Section Manager, Illinois EPA to Stacey
Coburn, USEPA, regarding comments on CAAPP permits, dated 7/10/03 9 :10
AM. [Page 2844]
Letter from Basil Constantelos to Jim Ross regarding NOx SIP Call and
Application for Budget Permit for Electical Generating Units, dated July 15,
2003, and attachment
.
[Pages 2845-2850]
Information concerning Greenhouse Gases, dated 7/31/03
.
[Pages 2851-28521
Memorandum from Pamela Brooks, Air Quality Planning Section, BOA, to Rob Kaleel,
Air Quality Planning Section, BOA, regarding Midwest Generation Environmental
Justice Study Modeling Analysis, dated November 3, 2003
.
[Pages 2853-2858]
Miscellaneous Correspondence & Application Material
- Part II
[Pages 2859-30131
Handwritten notes of Laurel Kroack regarding Title V permits, dated November
21, 2003
.
[Pages 2859-2860]
Facsimile from Keith Harley to Julie Armitage, dated November 24, 2003
.
[Pages 2861-2866]
Note and attachment from Chris Romaine to Dave Kolaz, dated 12/10/03 . [Pages
2867-2874]
Email from Bruce Nilles to Renee Cipriano and David Kolaz dated 1/12/2004
including "Draft 1 .12.03" and handwritten notes of Laurel Kroack
.
[Pages 2875-
2876]
Email from Bruce Nilles to Dave Kolaz, dated 2/3/2004, 9:54 AM, with
handwritten notes. [Pages 2877-2878]
5
Email from Bruce Nilles to Dave Kolaz, dated
2/3/2004, 9:54
AM .
[Page 28791
Email from Bruce Nilles to Dave Kolaz, dated
2/3/2004, 9:54
AM with
handwritten notes of Laurel Kroack
.
[Pages 2880]
Email from Bruce Nilles to Dave Kolaz, dated
2/3/2004, 9 :54
AM with
handwritten notes of Chris Romaine .
[Pages 2881-2887]
Handwritten notes of Laurel Kroack beginning "Enviros & Title V Power Plants,"
dated
2/3/2004 .
[Pages 2888-2889]
Meeting sign-in sheet, dated
2/4/04 [Page 2890]
.
Memorandum from Laurel Kroack to Renee Cipriano regarding Title V permits
for coal-fired power plants, including Midwest Generation, dated February
4,
2004. [Pages2891-28941
Email from Chris Romaine to Natalie Locke and Steve Whitworth, dated
2/19/2004, 2:41
PM
.
[Page 2895]
Handwritten notes of Manish Patel regarding meeting with USEPA on coal-fired
power plant CAAPPs dated
2/24/04,1 :30
PM
.
[Page 2896]
Handwritten notes of Manish Patel regarding conference call with coal-utility
facilities, dated
2/25/04, 1 :30
PM .
[Page 2897]
Handwritten notes regarding call with USEPA for MidGen coal fired CAAPP,
dated
3/2/04 .
[Page 2898]
"Petroleum Bazaar
- The No.1 sites on Petroleum Products," dated
4/9/2004 .
[Pages 2899-29031
Facsimile "Midwest Generation L.L.C ., Voluntary Opacity Improvement
Protocol, dated April
22, 2004 .
[Pages 2904-2905]
Memorandum from David Kolaz to Renee Cipriano regarding status and time line
for Title V Power Plant Issuance, dated April
28, 2004 .
[Pages 2906-2907]
Handwritten notes of Laurel Kroack regarding meeting with USEPA concerning
power plant permits, dated
5/6/04 .
[Pages 2908-2910]
Handwritten notes of Chris Romaine beginning " `Midwest Generation'- IEPA -
USEPA," dated
5-6-04 .
[Pages 2911-2912]
6
Facsimile from Bill Constantelos to Dave Kolaz, dated May 10, 2004, and
attached letter to Renee Cipriano from Fred McCluskey, dated May 10, 2004
.
[Pages 2913-2936]
Memorandum from Laurel Kroack to Cheryl Newton regarding Utility Permit
Issuance Timeline, dated June 1, 2004
.
[Page 2937]
Email from Manish Patel to Chris Romaine, John Cashman and Kunj Patel
regarding Utility CAAPP permits dated 6/16/2004 and handwritten notes of
Manish Patel
.
[Page 2938]
Facsimile from Chris Romaine to Stacey Coburn, USEPA, Region V, dated
6/29/04, providing facsimile from Basil Constantelos to Dave Kolaz, dated May
10, 2004, and attachments
.
[Pages 2939-2952]
Facsimile from Chris Romaine to Stacey Coburn providing draft turbine
language, dated 6/29/04 .
[Page 2953-29781
Facsimile cover sheet from Chris Romaine to Stacey Coburn, dated 6/29/04
.
[Page 29791
Email from Chris Romaine to John Cashman, Ross Cooper, Kunj Patel and
Manish Patel, dated 7/24/04, 5 :08 AM, with handwritten notes from Chris
Romaine .
[Page 2980]
Handwritten notes of Laurel Kroack regarding Title V, dated 8/30/04
.
[Pages
2981-2983]
Letter from Bharat Mathur, Acting Regional Administrator, USEPA, to Renee
Cipriano, Illinois EPA, dated December 2, 2004
.
[Pages 2984-29861
Email from Chris Romaine to Manish Patel regarding Power Plant CAAPP
Permits, dated 12/7/2004, 4 :14 AM, and handwritten notes of Manish Patel
.
[Page 29871
Letter from American Bottom Conservancy, et al . to Renee Cipriano regarding
procedure to issue Title V permits for coal-fired power plants, dated January
6,
2005
.
[Pages 2988-2989]
Letter from Donald Sutton to American Bottom Conservancy, et al ., dated
January 13, 2005, responding to letter dated January 6, 2005
.
[Pages 2990-3001]
Letter from Laurel Kroack, Acting Chief, Bureau of Air, Illinois EPA, to Steve
Rothblat, USEPA, dated January 18, 2005
.
[Pages 3002-3009]
7
Handwritten notes of Laurel Kroack regarding utility, title V, dated 1/26/05
.
[Pages 3010-30111
Notes of Laurel Kroack regarding March 21, 2005, call with feds
.
[Pages 3012-
30131
Letter from Basil Constantelos to Donald Sutton regarding Waukegan Station Title V
Application Update, dated April 27, 2005, and attached Title V Permit Application
Update-Revision 1, revised April
21, 2005
.
[Pages 3014-3054]
Miscellaneous Correspondence & Application Material
- Part III
[Pages 3055-3126]
Notes of Julie Armitage regarding May 10, 2005, meeting with the feds .
[Pages
3055-3060]
List of Michael Reed, dated June
9, 2005 .
[Page 3061]
Draft Instructions, dated June
23, 2005
.
[Pages 3062-3072]
Note and attachments from Michael Reed to Chris Romaine, dated July
17, 2005 .
[Pages 3073-30841
Miscellaneous documents regarding request for extension of time to comment on
the Preliminary Responsiveness Summary and Draft Revised Proposed Title V
Permits .
[Pages 3085-30911
Handwritten notes of Michael Reed, dated August 1, 2005 .
[Pages 3092-30961
Notes of Michael Reed regarding feds conference call, dated September 16,
2005
.
[Pages 3097-30981
Email exchange between Chris Romaine and Bill Constantelos regarding testing
of PM emissions, dated 9/20/05-9/23/05
.
[Pages 3099-31001
Handwritten notes of Laurel Kroack, dated September 23, 2005
.
[Page 3101]
Letter from Kathleen Bassi to Donald Sutton regarding NOx averaging plan,
dated November
9, 2005
.
[Page 3102]
Letter from Stephen Rothblatt to Laurel Kroack, dated November 14, 2005,
providing USEPA Orders Responding to Lake County Conservation Alliance
petition on Midwest Generation . [Pages 3103-3104]
Waukegan Title V Permit, and handwritten notes of Donald Sutton
.
[Pages
3105-3126]
8
Model Permit Developments, Summer 2003
.
[Pages 3127-32751
Miscellaneous Emails Relevant to Waukegan
.
[Pages 3276-49831
Miscellaneous Undated Notes of Illinois EPA Staff .
[Pages 4984-5045]
Miscellaneous Undated Documents Likely Generated by Illinois EPA
.
[Pages 5046-
5124]
Miscellaneous Documents Supplied to USEPA
.
[Pages 5125-5302]
Miscellaneous Lists or Drafting Documents
.
[Pages 5303-5447]
Miscellaneous Drafting Documents - Permits .
[Pages 5448-6179]
Miscellaneous Opacity Documents
.
[Pages 6180-6299]
Miscellaneous Opacity Documents Pertaining to Waukegan
.
[Pages 6300-63451
Miscellaneous Environmental Justice Documents
.
[Pages 6346-6393]
FESOP NOx Averaging Permits .
[Pages 6394-63971
NSPS Worksheet .
[Page 63981
197 190 AAC Waukegan ERMS file
.
[Pages 6399-6452]
Miscellaneous Information Relative to Harvard School of Public Health
.
[Pages 6453-
6474]
Waukegan Construction Permits & Miscellaneous Operating Permits
.
[Pages 6475-
6616]
Documentation Relative to Proceedings Before the Administrator, USEPA .
[Pages 6617-
7029]
Miscellaneous documents pertaining to Midwest Generation's response to the USEPA's
Section 114(a) of the Clean Air Act request including the trade secret appeal pending
before the Illinois Pollution Control Board,
Midwest Generation EME, LLC v: Illinois
EPA, PCB 4-185
.
For purposes of this administrative record, the Illinois EPA requests
that the Board take judicial notice of the administrative record previously filed before the
Board in
PCB 4-185 .
[Pages 7030-7331]
Miscellaneous documents pertaining to Commonwealth Edison's response to the
USEPA's Section 114(a) of the Clean Air Act request including the trade secret appeal
pending before the Illinois Pollution Control Board,
Commonwealth Edison Company v
.
9
Illinois EPA, PCB 4-215
.
For purposes of this administrative record, the Illinois EPA
requests that the Board take judicial notice of the administrative record previously filed
before the Board in
PCB
4-215 .
[Pages 7332-73731
Startup, Combustion Evaluation & Alternative Fuel Memorandums .
[Pages 7374-7381]
Memorandum from Michael T. Reed, CAAPP Unit Manager, to Power Plant File
regarding Provisions Requiring Detailed Records of Startups After a Certain
Timeframe, dated September
23, 2005
.
[Pages 7374-73751
Memorandum from Michael Reed to Power Plant File regarding Provisions
Requiring Combustion Evaluations, dated September
23, 2005
.
[Pages 7376-
7378]
Memorandum from Chris Romaine, Manager, Utility Unit to Power Plant File
regarding Provisions for Burning Materials Other Than Coal in Power Boilers,
dated September 28, 2005 .
[Pages 7379-7381]
Comments specific to Waukegan
(Pages 7382-78771
*
Electronic mail from Scott Miller, Midwest Generation, to John Cashman
providing Title V Comments for Waukegan, dated
6/25/03, 3:25
PM .
[Page
73821
Letter from Fred W . McCluskey, Vice President of Technical Services and
Partnership Management, Midwest Generation, to Charles Matoesian, Hearing
Officer, regarding Comments on the Draft Title V Permit for the Waukegan
Generating Station, dated September
24, 2003,
and attachments .
[Pages 7383-
75481
Letter from Verna Owen, Lake County Conservation Alliance, to Charles
Matoesian providing comments on coal fired power plants, received October 1,
2003,
and attachments .
[Pages 7549-7581]
Letter from Basil Constantelos to Charles Matoesian regarding Comments on the
Proposed Title V Permit for the Waukegan Generating Station, dated November
20, 2003,
and attachments .
[Pages 7582-76971
Letter from Fred W. McCluskey, Vice-President, Technical Services and
Partnership Management, Midwest Generation, to Charles Matoesian regarding
Supplement Comments for the Waukegan Generating Station, dated January 17,
2005,
and attachments .
[Pages 7698-7849]
Electronic mail from Verena Owens, Lake County Conservation Alliance, to
Charles Matoesian regarding Draft response to public comments CAAPP permit
1 0
application for Midwest Generation's Waukegan coal fired power plant, Permit
#95090047, dated July 30, 2005
.
[Pages 7850-7853]
Letter from Fred McCluskey to Charles Matoesian providing Comments on the
Draft Revised Proposed Permits Posted December 1, 2005, and on the
Responsiveness Summary - Waukegan Station ID# 097190AAC, dated December
14, 2005
.
[Pages 7854-78711
Email from Verena Owen to Charles Matoesian providing comments on the
MWG Waukegan permit, dated 12/16/2005
.
[Pages 7872-7877]
Comments particular to Midwest Generation
[Pages 7878-8040]
Letter from Kathleen C., Bassi, Sonnenschein Nath & Rosenthal LLP, to Charles
Matoesian, regarding CAAPP Permit Hearings for Midwest Generation Electrical
Generating Stations, dated September 19, 2003
.
[Pages 7878-7879]
Letter from Citizens Against Ruining the Environment to Charles Matoesian
regarding Midwest Generation EME, LLC Title V/CAAP/ Title I Permit
Application, dated received September 29, 2003 .
[Pages 7880-7885]
Letter from Basil Constantelos to Brad Frost and Charles Matoesian regarding
Request for Extension of Time for Commenting on the Preliminary
Responsiveness Summary and Draft Revised Proposed Title V Permits Posted
July 19, 2005, dated July 25, 2005
.
[Page 7886]
Letter from Charles Matoesian to Basil Constantelos regarding Request for
Extension of Time for Commenting on Proposed Title V Permits Posted On July
19, 2005, dated July 28, 2005
.
[Page 7887]
Letter from Fred McCluskey to Charles Matoesian regarding Comments on the
Draft Revised Proposed Permits Posted July 19, 2005, and on the Preliminary
Responsiveness Summary, dated August 1, 2005
.
[Pages 7888-7910]
Letter from Keith Harley, Chicago Legal Clinic, to Charles Matoesian regarding
CAAPP Permits for the Fisk, Crawford, Will County, Joliet and Waukegan Coal-
Fired Power Plants, dated August 1, 2005
.
[Pages 7911-8040]
General Comments
[Pages 8041-8989]
Comments of the Sierra Club and American Bottom Conservancy, Summer 2003
.
[Pages 8041-80791
Letter from Matthew J. Dunn, Division Chief, Environmental
Enforcement/Asbestos Litigation Division, Illinois Attorney General's Office, to
1 1
Charles Matoesian regarding Coal Powered Generation Plants Title V Permit
Applications, dated September 29, 2003
.
[Pages 8080-8094]
Email from Stacey Coburn to Chris Romaine regarding Enhanced coal-fired
boiler CAAPP permits, dated April 12, 2004, 4:53 PM, and handwritten notes of
Manish Patel .
[Pages 8095-8097]
Email from Verna Owen to Mr. Holmstead, dated 12/14/2004 12 :09:23 PM .
[Pages 8098-80991
Letter from Paula Becker Wheeler, Assistant Attorney General, Illinois Attorney
General's Office, to Charles Matoesian providing comments to Revised Proposed
CAAPP Permits for 22 Coal-Fired Power Plants, dated January 14, 2005, and
attachments
. [Pages 8100-84851
Letter from Keith ]Harley, Attorney at Law, Chicago Legal Clinic, Inc., to Charles
Matoesian regarding Revised Proposed CAAPP Permits for Coal-Fired Power
Plants, dated January 14, 2005, and attachments
.
[Pages 8486-88821
Letter from Ann Alexander, Environmental Counsel to Attorney General Lisa
Madigan, to Charles Matoesian regarding Comments on draft revised proposed
CAAPP permits, dated August 1, 2005, and attachments
.
[Pages 8883-8989]
Proceedings in the US District Court
.
[Pages 8990-9031]
Title I/ Title V MOU [Pages 9032-9037]
November 12, 1981 USEPA Directive
[Pages 9038-9042]
HPV Matrix Criteria Opacity [Pages 9043-9053]
White Paper [Pages 9054-9088]
White Paper 2
[Pages 9089-9141]
Guidance: Statement of Basis [Pages 9142-91441
Design of Flexible Air Permits [Pages 9145-9199]
September 28, 1982 Bennett Memorandum [Pages 9200-9202]
February 15, 1983 Bennett Memorandum
[Pages 9203-92071
Limiting PTE in New Source Permitting, June 13, 1989 [Pages 9208-92191
Startup, Shutdown Guidance: January 28, 1993 [Pages 9220-92221
12
January 15, 1997, Title V Guidance
[Pages 9223-9229]
USEPA Guidance Directed to Ohio EPA
[Pages 9230-9233]
January 21, 1998 Fuel Flexibility Guidance
[Pages 9234-9244]
August 11, 1999 (September 20, 1999) Herman Memorandum
[Pages 9245-9265]
Fort James Cames Mill Petition
[Pages 9266-9308]
December 5, 2001, Schaeffer Memorandum
[Pages 9309-9310]
Miscellaneous Reference Material
[Pages
9311-9312]
General Materials
Electric Energy-AUGI Model Documents
:
[Pages 1-2536]
Early Discussions with AUGI on Fugitives [Page
1]
Model Permit Development Early Discussions with AUGI
[Pages 2-12]
Early Discussion with AUGI Effect of Flow Rater (Load) on ESP Performance
[Pages
13-14]
EEI - June 25, 1997 [Pages 15-65]
EEI - August 13,1997
[Pages 66-801
EEI - August 14, 1997
[Pages 81-82]
EEI- August 20, 1997
[Pages 83-911
EEI - September 9, 1997
[Pages 92-98]
EEI - October 1997, Cover Letter and Preliminary Draft Permit
[Pages 99-1601
EEI - October 27, 1997 [Pages 161-162]
EEI - December 8, 1997
[Pages 163-165]
EEI - December 12, 1997
[Pages 166-1761
EEI - December 17, 1997 [Pages 177-263]
1 3
EEI -December
25, 1997 [Pages
264-3211
Late
1997 -
Early
1998
Internal Drafting
[Pages
322-378]
EEI - January
9, 1998
[Pages
379-444]
EEI - February
4, 1998 [Pages
445-452]
EEI - February
16, 1998
[Pages
453-512]
EEI - February
23, 1998
[Pages
513-5211
EEI - February
24, 1998
[Pages
522-524]
EEI - February
26, 1998
[Pages
525-527]
EEI - February
27, 1998
[Pages
528-546]
EEI - March
1998
[Pages
547-566]
EEI -
April 1998
[Pages
567-580]
EEI - Sharing with
USEPA 1998
[Pages
581-612]
EEI -May
4, 1998
[Pages
613-670]
EEI - June
26, 1998
[Pages
671-677]
EEI -
July 5, 1998
[Pages
678-7161
EEI - August
4, 1998
[Pages
717-773]
EEI - September
30, 1998 [Pages
774-829]
USEPA Comments September
1998 [Pages
830-851]
EEI -December
28, 1998 [Pages
852-859]
EEI -May
11, 1999 [Pages
860-8711
EEI -May
12, 1999,
Draft to Notice?
[Pages
872-966]
EEI -May
12, 1999
[Pages
967-972]
EEI - May
14, 1999
[Pages
973-1047]
14
EEI - May 20, 1999
[Page
1048]
EEI - August 4, 1999
[Pages
1049-1052]
AUGI Comments Summer 1999 [Pages
1053-1067]
EEI - March 17, 2002
[Pages
1068-1139]
EEI - May 10, 2002 [Page
1140]
EEI - July 2002
[Pages
1141-1225]
EEI - August 2002
[Page
12261
EEI -September 2002 [Pages
1227-1410]
EEI - Draft to Notice September 2002
[Pages
1411-1505]
EEI - Public Comments October 2002 [Pages
1506-1514]
EEI - Exchange with USEPA November 2002
[Pages
1515-1519]
EEI - December 6, 2002
[Pages
1520-1521]
EEI - March 11 and 12, 2003
[Pages
1522-15241
EEI - April 2003
[Pages
1525-1631]
EEI Tracked Changes for Preparation of October 2003 Proposed Permit [Pages
1632-
1683]
EEI - Miscellaneous Emails
[Pages
1684-2514]
AUGI Miscellaneous Notes [Pages
2515-2536]
Emails
General Emails, 2002 [Pages
2537-2567]
General Emails, 2003
[Pages
2568-3807]
General Emails, January 2004 - May 31, 2004 [Pages
3808-47391
General Emails, June 1, 2004 - December 31, 2004
[Pages
4740-5906]
is
General Emails,
2005
[Pages 5907-7131]
Miscellaneous Reference Documents
:
Miscellaneous Cases Before the Administrator
-USEPA
[Pages 7132-74831
Compliance Assurance Monitoring Rule
[Pages 7484-7597]
Good Engineering Practices
[Page 7598]
Electrostatic Precipitators
[Pages 7599-76441
Environmental Justice
[Pages 7645-76491
Information on Existing Plants
[Pages 7650-76601
Monitoring
[Page 76611
Periodic Monitoring Guidance
[Pages 7662-7694]
Background Information on NSR Enforcement
[Pages 7695-7876]
Public Hearing Reference Document/Folder
[Pages 7877-8157]
Miscellaneous Opacity Reports
[Pages 8158-90381
CWLP
[Pages 8158-8181]
Dynegy
[Pages 8182-8202]
Electric
[Pages 8203-82481
Miscellaneous
[Pages 8249-8255]
Ameren
[Pages 8256-8593]
Midwest Generation
[Pages 8594-8778]
Midwest Generation
- Old
[Pages 8779-9038]
Collins Opacity Report
[Pages 9039-9113]
Miscellaneous Documents from Florida
[Pages 9114-9135]
16
Miscellaneous Documents from Georgia [Pages 9136-9176]
Miscellaneous Documents from Indiana (Pages 9177-9183]
Miscellaneous Documents from Iowa
[Pages 9184-9228]
Miscellaneous Documents from Kentucky
[Pages 9229-9263]
Miscellaneous Documents from Michigan
[Pages 9264-9298]
Miscellaneous Documents from Ohio
[Pages 9299-93651
Miscellaneous Documents from Utah
[Pages 9366-9482]
Supersession and Credible Evidence Guidance [Pages 9483-94861
Draft Title V Permit Review Guidelines
[Pages 9487-9620]
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217)782-5544
1 7
Respectfully submitted by,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Sally A .
arter
Assistant Counsel
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph Street
Chicago, Illinois 60601
CERTIFICATE OF SERVICE
CMS
Carrel'
I hereby certify that on the 29` x ' day of March 2006, 1 did send, by
i , pastage
rr"r°1d,
one (1) original and four (4) copies of the following instrument entitled
ADMINISTRATIVE RECORD to :
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
and a true and correct copy of the same foregoing instrument, by First Class Mail with postage
thereon fully paid and deposited into the possession of the United States Postal Service, to
:
Sheldon A. Zabel
Kathleen C. Bassi
Stephen J. Bonebrake
Joshua R. More
Kavita M . Patel
Schiff Hardin, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
Sally C
e
Assistant Counsel
