(VERMILION POWER STATION),

)

)

Petitioner,

)

v.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

)

Respondent.

NOTICE OF FILING

To:

Dorothy Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

Suite 11-500

100 West Randolph

Chicago, Illinois 60601

Sally Carter, Assistant Counsel

Division of Legal Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

PLEASE TAKE NOTICE that we have today filed with the Office of the Clerk of the

Pollution Control Board a Joint Request for Ninety-Day Extension of Appeal Period; the

Appearances of Kathleen C. Bassi, Sheldon A. Zabel, Stephen J. Bonebrake, and Kavita M. Patel

of Schiff Hardin, LLP; and, with her permission and at her request, the Appearance of Sally

Carter of the Illinois Environmental Protection Agency, copies of which are herewith served

upon you.

/s/

Kathleen C. Bassi

Kathleen C. Bassi

Dated: June 29, 2006

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 29, 2006

* * * * * PCB 2006-194 * * * * *

---

SCHIFF HARDIN LLP

Sheldon A. Zabel

Kathleen C. Bassi

Stephen J. Bonebrake

Kavita M. Patel

6600 Sears Tower

233 South Wacker Drive

Chicago, Illinois 60606

312-258-5567

FAX: 312-258-5600

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 29, 2006

* * * * * PCB 2006-194 * * * * *

---

CERTIFICATE OF SERVICE

I, the undersigned, certify that on this 29

th

day of June, 2006, I have served electronically

the attached Joint Request for Ninety-Day Extension of Appeal Period; the Appearances of

Kathleen C. Bassi, Sheldon A. Zabel, Stephen J. Bonebrake, and Kavita M. Patel of Schiff

Hardin, LLP; and, with her permission and at her request, the Appearance of Sally Carter of the

Illinois Environmental Protection Agency, upon the following persons:

Dorothy Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

Suite 11-500

100 West Randolph

Chicago, Illinois 60601

and electronically and by first-class mail with postage thereon fully prepaid and affixed to the

following persons:

Sally Carter, Assistant Counsel

Division of Legal Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

/s/

Kathleen C. Bassi

Kathleen C. Bassi

SCHIFF HARDIN LLP

Sheldon A. Zabel

Kathleen C. Bassi

Stephen J. Bonebrake

Kavita M. Patel

6600 Sears Tower

233 South Wacker Drive

Chicago, Illinois 60606

312-258-5567

FAX: 312-258-5600

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 29, 2006

* * * * * PCB 2006-194 * * * * *

---

(VERMILION POWER STATION),

)

)

Petitioner,

)

v.

)

)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

)

Respondent.

APPEARANCE

I, KATHLEEN C. BASSI, hereby file my appearance in this proceeding, on behalf of

Dynegy Midwest Generation, Midwest Generation, LLC.

/s/

Kathleen C. Bassi

Kathleen C. Bassi

SCHIFF HARDIN LLP

6600 Sears Tower

233 South Wacker Drive

Chicago, Illinois 60606

(312) 258-5567

Dated: June 29, 2006

CH2\ 1466019.1

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 29, 2006

* * * * * PCB 2006-194 * * * * *

---

(VERMILION POWER STATION),

)

)

Petitioner,

)

v.

)

)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

)

Respondent.

APPEARANCE

I, SHELDON A. ZABEL, hereby file my appearance in this proceeding, on behalf of

Dynegy Midwest Generation, Midwest Generation, LLC.

/s/

Sheldon A. Zabel

Sheldon A. Zabel

SCHIFF HARDIN LLP

6600 Sears Tower

233 South Wacker Drive

Chicago, Illinois 60606

(312) 258-5540

Dated: June 29, 2006

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 29, 2006

* * * * * PCB 2006-194 * * * * *

---

(VERMILION POWER STATION),

)

)

Petitioner,

)

v.

)

)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

)

Respondent.

APPEARANCE

I, STEPHEN J. BONEBRAKE, hereby file my appearance in this proceeding, on behalf

of Dynegy Midwest Generation, Midwest Generation, LLC.

/s/

Stephen J.

Bonebrake

Stephen J. Bonebrake

SCHIFF HARDIN LLP

6600 Sears Tower

233 South Wacker Drive

Chicago, Illinois 60606

(312) 258-5646

Dated: June 29, 2006

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 29, 2006

* * * * * PCB 2006-194 * * * * *

---

(VERMILION POWER STATION),

)

)

Petitioner,

)

v.

)

)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

)

Respondent.

APPEARANCE

I, KAVITA M. PATEL, hereby file my appearance in this proceeding, on behalf of

Dynegy Midwest Generation, Midwest Generation, LLC.

/s/

Kavita M. Patel

Kavita M. Patel

SCHIFF HARDIN LLP

6600 Sears Tower

233 South Wacker Drive

Chicago, Illinois 60606

(312) 258-5567

Dated: June 29, 2006

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 29, 2006

* * * * * PCB 2006-194 * * * * *

---

(VERMILLION POWER STATION)

)

Petitioner,

)

v.

)

)

ILLINOIS ENVIRONMENTAL

)

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,

____________/s/___________

Sally Carter

Assistant Counsel

Division of Legal Counsel

Date: June 28, 2006

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, IL 62794-9276

217/782-5544

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 29, 2006

* * * * * PCB 2006-194 * * * * *

---

(VERMILION POWER STATION),

)

)

Petitioner,

)

v.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

)

Respondent.

JOINT REQUEST FOR NINETY DAY EXTENSION OF APPEAL PERIOD

Petitioner, DYNEGY MIDWEST GENERATION, INC., VERMILION POWER

STATION (“Petitioner,” “Vermilion,” or “DMG”), by and through its attorneys, Schiff

Hardin LLP, and the Respondent, Illinois Environmental Protection Agency (“Agency”),

pursuant to Section 40(a)(1) of the Illinois Environmental Protection Act (415 ILCS

5/40(a)(1)) and 35 Ill. Adm. Code 105.208(a), respectfully and jointly request that the

Illinois Pollution Control Board (“Board”) grant an extension of the 35-day period for

filing petitions to appeal the Agency’s issuance of a construction permit for 90 days, until

October 3, 2006. In support of this Petition, the parties state as follows:

1.

On May 30, 2006, the Agency issued a construction permit (received via

facsimile) to DMG to permit the construction and operation of a baghouse and sorbent

injection system for the Units 1 and 2 boilers owned and operated by DMG at the

Vermilion Power Station. A copy of the permit is attached hereto and incorporated

herein as Exhibit A. The deadline for filing an appeal of this permit is July 5, 2006.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 29, 2006

* * * * * PCB 2006-194 * * * * *

---

2.

The parties agree that additional time would be useful to continue

negotiations and may eliminate the need to submit a permit appeal.

WHEREFORE, the parties respectfully and jointly request that the Board grant an

extension of the period for filing an appeal of this permit until October 3, 2006.

Respectfully submitted,

DYNEGY MIDWEST GENERATION,

INC. (VERMILION POWER STATION)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

by:

by:

/s/

Kathleen C. Bassi

/s/

Sally Carter

One of Its Attorneys

Sally Carter

Assistant Counsel

Dated: June 29, 2006

SCHIFF HARDIN, LLP

Sheldon A. Zabel

Kathleen C. Bassi

Stephen J. Bonebrake

Kavita M. Patel

6600 Sears Tower

233 South Wacker Drive

Chicago, Illinois 60606

312-258-5500

Fax: 312-258-2600

ILLINOIS ENVIRONMENTAL

PROTECTION Agency

Sally Carter, Assistant Counsel

1021 North Grand Avenue, East

Springfield, Illinois 62794-9276

217-782-5544

CH2\ 1463617.2

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 29, 2006

* * * * * PCB 2006-194 * * * * *

---

CONSTRUCTION PERMIT

PERMITTEE

Dynegy Midwest Generation, Inc

Attn: Rick

Diericx

2828 North Monroe Street

Decatur, Illinois 62526

Application No.: 06030002

I.D. No.:

183814AAA

Applicant's Designation:

Date Received: March 1, 2006

Subject:

Baghouse and Sorbent Injection System for Units 1 and 2

Date Issued: May 30, 2006

Location: Vermilion Power Plant, Box 250, Country Road 2150,

Oakwood

Permit is hereby granted to the above-designated Permittee to CONSTRUCT

equipment consisting of a sorbent injection system and

baghouse for the Uni.t

1 and 2 Boilers, as described in the above referenced application. This

Permit is subject to standard conditions attached hereto and the following

special

condition(s)

:

1.1 Introduction

a. This Permit authorizes the Permittee to construct a

baghouse and

sorbent injection system to supplement the existing emission

control systems on the two existing coal

-fired boilers at its

Vermilion Power Station. The new

baghouse and sorbent injection

system would serve both boilers and further process the flue gas

from the existing electrostatic precipitator (ESP) on each

boiler. In particular, the

baghouse would be designed to allow

the boilers to comply with an outlet emission rate for

particulate matter

(PM) of 0.030 lb/mmBtu, as measured by USEPA

Method 5, as is required to be achieved by a Consent Decree that

addresses this source (See Conditions

l(d) and

1.41.

The new

ductwork to accommodate these new control systems would include

bypass ductwork, which would allow the exhaust from each boiler

to bypass the

baghouse as may be needed for startup and

maintenance of the baghouse, and a booster fan, which would

compensate for the additional pressure drop created by the

baghouse and additional ductwork.

b. i. This permit is issued based on this project being an

emissions control project, whose purpose and effect will be

to reduce emissions of particulate matter

(PM) from the

existing boilers and which will not increase emissions of

PSD pollutants other than PM. As such, the terms and

conditions of the existing permits will continue to govern

emissions and operation of the boilers except as

specifically indicated.

---

Page 2

ii. This permit is issued based on the receiving, storage and

handling of sorbent for the new sorbent injection system

qualifying as an insignificant activity, with annual

emissions of PM in the

ahsence of control equipment that

would be no more than

0.44

tons, so that this activity need

not be addressed by this permit. This does affect the

Permittee's obligation to comply with all applicable

requirements that apply to the receiving, storage and

handling of sorbent.

c. This permit does not authorize any modifications to the existing

boilers or generating units, which would increase capacity or

potential emissions.

d. This permit does not affect requirements for the affected boilers

established by the Consent Decree in United States of America and

the State of Illinois, American Bottom Conservancy, Health and

Environmental Justice-St. Louis, Inc., Illinois Stewardship

Alliance, and Prairie Rivers Network, v. Illinois Power Company

and Dynegy Midwest Generation Inc., Civil Action No.

99-833-MJR,

U.S.

District Court, Southern District of Illinois (Decree),

certain provisions of which are referenced by this permit.*

*

Electronic links to a copy of the Decree, as initially entered

by the Court on May

27,

2005

are provided for convenience in

Attachment

1 of this permit.

Note: This permit does not address whether this project will

qualify as a Supplemental Environmental Project

(SEP) for control

of mercury emissions from the boilers under the Consent Decree as

this is a matter for the parties to the Consent Decree to

determine. This permit also does not address Paragraph 88 of the

Consent Decree, as the parties to the Decree have agreed to

modify the Decree to delete Paragraph 88 in its entirety.

1.2 Applicability Provisions

a. The

"affected boilers" for the purpose of these unit-specific

conditions are the two existing coal-fired boiler at this source

after the initial startup of the baghouse, as described in

Condition

1.1.

b. For purposes of certain conditions related to the Consent Decree,

each affected boiler is also part of a

"Unit" as defined by

Paragraph

50

of the Decree, which defines a "Unit" to mean

collectively, the boiler that produce steam for the steam turbine

(i.e., an affected boiler), the coal pulverizer, stationary

equipment that feeds coal to the boiler, the steam turbine, the

generator, the equipment necessary to operate the generator,

steam turbine and boiler, and all ancillary equipment, including

pollution control equipment.

---

Page

3

1.3

Applicable Emission Standards for the Affected Boilers

a.

1.

The affected boilers shall comply with applicable emission

standards under Title

35, Subtitle

8,

Chapter I, Subchapter

c of the Illinois Administrative Code, as addressed in

existing permits for the affected boilers.

ii. When both affected boilers are exhausted through the common

baghouse, the PM emissions of the affected boilers shall

comply with

35

IAC

212.202,

which limits PM emissions to no

more than

0.10

lb/mmBtu of actual heat input in any one

hour period.

Note: This permit does not affect requirements contained in the

existing CAAPP permit for the source that would accompany the

Permittee's reliance upon

35

IAC

212.123(b)

for the affected

boilers, which would allow opacity greater than

30

percent

(6-minute average) from the affected boilers in certain

circumstances.

b. This permit does not affect the authorizations in existing

operating permits, pursuant to

35

IAC

201.149, 201.161

and

201.262,

that allow the Permittee:

i. To operate an affected boiler in violation of certain state

emission standards during startup of the boiler or the

terms and conditions that accompanied such authorization.

ii. To continue to operate an affected boiler in violation of

certain state emission standards during malfunction or

breakdown of the boiler, including control devices and

ancillary systems, or the terms and conditions that

accompanied such authorization.

1.4

PM Emission Rate under the Consent Decree

The PM emission rate of each affected boiler shall be no greater than

the limit specified in Paragraph 86 of the Decree,

i.e.,

0.030

lb/mmBtu, by the date specified in Paragraph 86, i.e., no later than

December

31, 2010.

Emission testing conducted to determine compliance

with these limits shall use methods and procedures as specified in

Paragraph

90

of the Decree, (which, among other matters, specifies use

of

USEPA Reference Method

5

or an alternative method approved by USEPA

and the State of Illinois for such measurements).

Note: The PM emission rate for the affected boiler pursuant to the

Decree, when it takes effect, will be more stringent than the

applicable state emission

standard(s) for PM.

---

Page 4

1.5 Compliance Assurance Monitoring for PM

If the Permittee applies for a significant modification of the CAAPP

Permit for the source to include the new baghouse, the Permittee shall

submit a plan for monitoring to address the PM emissions from each

affected boiler in accordance with 40 CFR Part 64, Compliance

Assurance Monitoring, as provided by 40 CFR

64.5(a) (2)

1.6 Work Practices and Operational Requirements

a. The Permittee shall operate and maintain each PM control device

on each affected boiler in accordance with Paragraphs 83 and

87

of the Decree (which generally require that these devices be

operated to maximize PM emission reductions at all times when the

Unit is in operation to the extent reasonably practicable and

specify certain minimum operating and maintenance practices that

the Permittee must implement for this purpose).

b. The Permittee shall operate and maintain the ESP on each affected

boiler in accordance with Paragraph 84 of the Decree (which

requires that the Permittee implement the practices recommended

by the PM Emission Control Optimization Studies performed in or

other alternative actions approved by

USEPA in accordance with

Paragraph 84 of the Decree), unless the criterion in Paragraph 87

of the Decree that lift this requirement have been satisfied.

c. The Permittee shall operate and maintain each affected boiler and

Unit, and associated PM control equipment in accordance with the

PM control plan maintained by the Permittee pursuant to Condition

1.9

-2 (b) (ii) (A).

1.7 Testing Requirements

a. i. Within 180 days after initial startup of an affected boiler

with the baghouse, the Permittee shall have measurements

conducted for the PM emissions of the affected boilers with

control provided by the baghouse, as follows.

ii. The Permittee shall also have measurements conducted for

the PM emissions from the affected boilers within 90 days

(or such later date set by the Illinois

EPA) following a

request by the Illinois EPA for such measurements.

b. i. These measurements shall be performed in the maximum

operating range of the affected boilers and otherwise under

representative operating conditions.

ii. A. The methods and procedures used for PM testing to

determine compliance with the applicable PM emission

standards and limitation shall be in accordance with

Paragraph 90 of the Decree.

---

Page 5

B. In conjunction with such measurements, measurements

of condensable PM shall also be conducted by

USEPA

Method 202 (40 CFR Part 51, Appendix

M) or other

established test method approved by the Illinois EPA.

c. Except for minor deviations in test methods, as defined by 35 IAC

283.130, emission testing shall be conducted in accordance with a

test plan prepared by the testing service or the Permittee and

submitted to the Illinois EPA for review prior to emission

testing, and the conditions, if any, imposed by the Illinois EPA

as part of its review and approval of the test plan, pursuant to

35 IAC 283.220 and 283.230. The Permittee shall submit this test

plan at least 60 days prior to the actual date of testing.

d. The Permittee shall notify the Illinois EPA prior to conducting

emission tests to enable the Illinois EPA to observe testing.

Notification for the expected test date shall be submitted a

minimum of 30 days prior to the expected date of testing.

Notification of the actual date and expected time of testing

shall be submitted a minimum of 5 working days prior to the

actual test date. The Illinois EPA may on a case

-by case basis

accept shorter advance notice if it would not interfere with the

Illinois

EPA's ability to observe testing.

e. The Permittee shall submit the Final

Report(s1 for this emission

testing to the Illinois EPA within 45 days of completion of

testing, which

report(s1 shall include the following information:

i. The name and identification of the affected

unit(s1 and the

results of the tests.

ii. The name of the company that performed the tests

iii. The name of any relevant observers present including the

testing company's representatives, any Illinois

EPA or

USEPA representatives, and the representatives of the

Permittee.

iv. The date and time of measurements

v. Description of test

method(s1, including description of

sampling points, sampling train, analysis equipment, and

test schedule, including a description of any minor

deviations from the test plan, as provided by 35 IAC

283.230

(a).

vi. Detailed description of operating conditions during

testing, including:

A.

Source(s) of fuel and specifications (ash, sulfur and

heat content)

.

---

Page 6

B. Operating information for the affected boilers, i.e.,

firing rate of each boiler (million

Btu/hr) and

composition of fuel as burned (ash, sulfur and heat

content).

C. Combustion system information,

i.e., settings for

distribution of primary and secondary combustion air,

target level for

0, in the flue gas, and levels of CO,

CO, or 0, in the flue gas, as determined by any

diagnostic measurements.

D. Control equipment information,

i.e., equipment

condition and operating parameters during testing,

including any use of the flue gas conditioning

system.

E. Load during testing (gross megawatt output and steam

flow)

.

vii. Data and calculations, including copies of all raw data

sheets and records of laboratory analyses, sample

calculations, and data on equipment calibration.

viii. The SO,, NO,, 0, or CO,, (hourly averages) and opacity data

(6-minute averages) measured during testing.

Note: This permit does not affect the requirements for emission

testing contained in the existing permits for the source. It also

does not address requirements under the Decree that may be applicable

to

PM

emission tests.

1.8 Monitoring Requirements

a. The Permittee shall install, operate, calibrate and maintain

continuous monitoring equipment for the bypass

ductwork to

indicate operation of a boiler with flue gas flow bypassing the

baghouse through the bypass ductwork.

b. The Permittee shall install, operate, calibrate and maintain

continuous monitoring equipment to measure the following

operating parameters of the baghouse:

i. The temperature of the flue gas at the inlet of the

baghouse (hourly average)

.

ii. The pressure drop across the baghouse (hourly average)

c. The Permittee shall install, operate, calibrate and maintain

continuous monitoring equipment to measure the following

operating parameters of the sorbent injection system:

i. Operation,

i.e.. injection of sorbent

---

Page 7

ii. If sorbent feed rate is either automatically or remotely

adjusted, sorbent feed rate, in pound or cubic foot per

unit of operation of the boilers,

e.g., pound or cubic foot

per million actual cubic feet of exhaust, million Btu of

heat input to the boilers, or MW

-hr output from the

boilers.

Note: This permit does not affect the requirements for operational

monitoring contained in the existing permits for the source.

1.9-1 Recordkeeping Requirements for the Affected Boilers

The Permittee shall sample and analyze samples of the coal supply to

the affected boilers for mercury and chlorine content so as to have

representative data for the mercury and chlorine content of the coal

supply to the boilers to accompany mercury emission data collected for

the affected boilers. (See also Condition

1.9.1) This sampling and

analysis shall be conducted using appropriate ASTM Methods or other

methods developed, approved or endorsed by

USEPA.

Note: This permit does not affect the recordkeeping requirements in

the existing permits for the source.

1.9-2 Records for Control Devices and Control Equipment

The Permittee shall maintain the following records for the

neb

baghouse and sorbent injection system on the affected boilers:

a. i. Logs for the

Baghouse

A. An operating log or other records for the baghouse that,

at a minimum:

(1) Identifies the trigger for bag

cleaning,

e.9.. manual, timer, or pressure drop; (2)

Identifies each period when a Unit was in operation and

the

baghouse was not being operated or was not operating

effectively;

(3) Identifies each period when any baghouse

module(s) were removed from regular service, with

identification of the

module(s) and explanation; and (4)

Specifically documents the implementation of the

operating procedures related to the

baghouse that are

required to be or are otherwise implemented pursuant to

Conditions

1.6(a) and (c)

.

B. Maintenance and repair log or other records for the

baghouse that, at a minimum: (1) List the activities

performed, with date and description, and (2)

Specifically document the maintenance and repair

activities related to the

baghouse that are required

to be or are otherwise performed pursuant to

Conditions 1.6 (a) and

(c)

.

---

Page 8

ii. Logs for the Sorbent Injection System

A.

An operating log or other records for the system that, at

a minimum, identify the sorbent that is being used,

target sorbent injection

rate(s) and each period of time

when an affected boiler was in operation and the system

was also being operated.

B. Maintenance and repair log or other records for the

system that, at a minimum, list the activities

performed, with date and description.

b. PM Emission Control Planning

i. The following records related to the procedures and

practices for control of PM emissions from the affected

boilers

:

A. A record, which shall be kept up to date, identifying

the specific operating procedures and maintenance

practices (including procedures and practices

specifically related to startups and

malfunction/breakdown incidents) currently being

implemented by the Permittee for each affected boiler

and Unit and associated PM control equipment to

satisfy Conditions

1.6(a) and (c). These procedures

and practices are referred to as the

"PM Control

Plan

" in this permit.

B. Accompanying this record, the Permittee shall

maintain a demonstration showing that the above PM

Control Plan fulfills the requirements of Conditions

1.6 (a) and (b)

,

as applicable.

ii. Copies of the records required by Conditions

1.9-2ib) (i)

shall be submitted to the Illinois EPA upon request.

iii. Accompanying the records required by Conditions 1.9-

2(b) ti), a file containing a copy of all correspondence and

other written material exchanged with

USEPA that addresses

the procedures and practices that must be implemented

pursuant to Paragraph

56 and Paragraphs 83, 84 and 87 of

the Decree. This file shall be retained for at least three

years after the permanent shutdown of both affected Units.

c. Specific Records for the Sorbent Injection System

i. Usage of sorbent

(lbs/month) and average sorbent injection

rates

(lbs/Unit operation).

ii. The setting for sorbent feed rate, if not monitored

pursuant to Condition 1.8

(c) (ii)

.

---

Page

9

Note: This permit does not affect the recordkeeping requirements for

the existing electrostatic precipitators and associated flue gas

conditioning systems that are contained in the existing permits for

the source.

1.9-3 Records for Continuous Monitoring Systems

a. The Permittee shall maintain operating records for the continuous

monitoring systems required by Condition

1.8 that, at a minimum,

include

:

i. Measured data.

ii. Performance evaluations and other quality assurance/control

activities, including calibration checks and maintenance

and adjustment performed.

iii. Periods other than performance of routine quality

assurance, calibration, and maintenance, as addressed

above, when the monitor was inoperative, with reason.

iv. Quarterly reports submitted in accordance with Condition

7.1.10-2 (a).

Note: This permit does not affect the recordkeeping requirements for

the continuous opacity monitoring systems on the affected boilers that

are contained in the existing permits for the source.

1.9-4

Other Recordkeeping Requirements

a. Summary Records Related to the PM Control Plan

The Permittee shall maintain the following records for each

incident when applicable

action(s1 required pursuant to the PM

Control Plan were not taken for affected

boiler(s) or Unit(s):

i.

ii.

iii

iv.

The date of the incident

A description of the incident, including the required

action(s1 that were not taken; other actions or mitigation

measures that were taken, if any; and the likely

consequences of the incidents as related to emissions.

The time at and means by which the incident was identified.

The length of time after the incident was identified before

required

action(s1 were taken or were no longer required

and an explanation why this time was not shorter, including

a discussion of the timing of any mitigation measures that

were taken for the incident.

---

Page 10

v. The estimated total duration of the incident,

i.e., the

total length of time that the affected boiler ran without

the required

action(s) being taken.

vi. A discussion of the probable cause of the incident and any

preventative measures taken.

vii.

A discussion whether any applicable PM emission standards

or limits, as listed in Condition 1.3,

1.4 or

1.6,

may have

been violated, either during or as a result of the

incident, with supporting explanation.

b. Records Related to Mercury Emissions

The Permittee shall maintain the following records related to

operation of the sorbent injection system and mercury emissions:

i. Records of emission data for mercury collected for the

affected boilers by the Permittee, including emissions

(micrograms per cubic meter, pounds per hour, and pounds

per million Btu) and control efficiency for each mode of

operation of the boilers and sorbent injection system, with

identification and description of the various modes of

operations.

ii.

A copy of any formal report(s) that are prepared for

evaluation(s) of operation of the sorbent injection system

that include:

(1) a description of the evaluation,

(2)

technical data gathered during the evaluation, including

data for the elemental composition and heat content of the

coal supply to the boilers, boiler operating rates, loss on

ignition,

(i.e., carbon carry over in ash), sorbent

injection rates, flue gas temperatures, mercury emissions,

measured mercury concentrations in the flue gas,

SO, and NO,

emissions monitored during the period of evaluation, and

any determinations of mercury control efficiency or

oxidation rates, and

(3) a description of the analytical

methodology by which measurements were conducted.

1.10-1 Reporting Requirements

-

Reporting of Deviations

a. Prompt Reporting of Deviations

For each affected boiler, the Permittee shall promptly notify the

Illinois EPA of deviations from permit requirements as follows.

At a minimum, these notifications shall include a description of

such deviations, including whether they occurred during startup

or

malfunction/breakdown, and a discussion of the possible cause

of such deviations, any corrective actions and any preventative

measures taken.

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Page 11

i. Immediate notification for bypass of the

baghouse other

than during startup or shutdown of the boiler.

ii. Notification with the quarterly reports required by

Condition

1.10-2(a) for deviations not addressed above,

including deviations from other applicable requirements,

e.g., work practice requirements, required operating

procedures, required maintenance practices, and

recordkeeping requirements.

b. Periodic Reporting of Deviations

The quarterly reports required by Condition

1.10-2(a) shall

include the following information for the affected boilers

related to deviations from permit requirements during the

quarter.

i.

A listing of all instances of deviations that have been

reported in writing to the Illinois EPA as provided by

Condition

1.10-l(a)(i), including identification of each

such written notification or report. For this purpose, the

Permittee need not resubmit copies of these previous

notifications or reports but may elect to supplement such

material.

ii. Detailed information, as required by Condition

1.10-

l(a) (ii), for all other deviations.

Note: This permit does not affect the requirements for reporting of

deviations contained in the existing permits for the source.

1.10-2 Reporting Requirements

-

Periodic Reporting

a. Quarterly Reports

The Permittee shall submit quarterly reports to the Illinois EPA.

i. These reports shall include a summary of information

recorded during the quarter pursuant to Conditions

1.9-4(a)

and (b).

ii. These reports shall include the information for the

affected boiler related to deviations during the quarter

specified by Condition

1.10-l(b).

iii. These reports shall be submitted within 45 days after the

end of each calendar quarter. For example, the quarterly

report for the first quarter,

i.e., January, February and

March, shall be submitted by May 15.

Note: This permit does not affect the requirements for quarterly

reporting contained in the existing permits for the source.

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Page

12

1.11

Authorization for Operation

The Permittee may operate the affected boilers with the new

baghouse

and sorbent injection system under this construction permit until such

time as final action is taken to address these devices in the CAAPP

permit for the source provided that the Permittee submits an

appropriate application for CAAPP permit, which incorporates new

requirements established by this permit within one year

(365

days) of

beginning operations of the affected boilers with either of these new

control devices.

If you have any questions concerning this permit, please contact Xunj

Patel

or Christopher Romaine at

21?/?82-2113.

ORIGINAL PERMIT SIGNED BY CHIRISTOPHER ROMAINE FOR DONALD E. SUTTON

Donald

E. Sutton, P.E.

Manager, Permit Section

Division of Air Pollution Control

CC: Region 3

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Attachment 1

Electronic links to the Consent Decree in United States of America and the

State of Illinois, American Bottom Conservancy, Health and Environmental

Justice

-St. Louis, Inc., Illinois Stewardship Alliance, and Prairie Rivers

Network, v. Illinois Power Company and Dynegy Midwest Generation Inc., Civil

Action No. 99

-833-MJR, U.S. District Court, Southern District of Illinois, as

initially entered by the Court on May

27,

2005

(Decree)

This Consent Decree is available at either:

or

at ~~~//~~~.epa.gov/region5/air/pe~mits/ilonline.htm

(under Title V Permit Records, look for Dynegy, Baldwin plant.)

This Consent Decree can also be found at the following US District

Court's

website: