RER EIVbD
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
NJG 2 12006
STATE OF ILLINOIS
IN THE MATTER OF :
§
pollution Control Board
PROPOSED NEW 35 ILL.ADM.CODE PART 225
§
PCB R06-25
CONTROL OF EMISSIONS FROM
§
Rulemaking - Air
LARGE COMBUSTION SOURCES
§
NOTICE OF FILING
TO :
The Persons Listed on the attached Certificate of Service
Please take notice that on August 21, 2006, I have filed with the Clerk of the
Illinois Pollution Control Board the attached
JOINT STATEMENT OF ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY AND DYNEGY MIDWEST
GENERATION, a copy of which is herewith served upon you
.
Dated this 21" day of August, 2006 .
Respectfully submitted,
DYNEGY MIDWEST GENERATION, INC .
One of'
James W
. Ingram
Sr
. Corporate Counsel
Dynegy Inc
.
Dynegy Midwest Generation, Inc .
1000 Louisiana Street, Suite 5800
Houston, Texas 77002
Telephone: 713-767-0450
I
* * * * * PC #6283 * * * * *
James W . Ingram
Sr
. Corporate Counsel
Dynegy Inc .
Dynegy Midwest Generation, Inc
.
1000 Louisiana Street, Suite 5800
Houston, Texas 77002
Telephone
: 713-767-0450
CERTIFICATE OF SERVICE
I, the undersigned, certify that on this 2l 51 day of August, 2006, I have served by
hand delivery the attached NOTICE OF FILING
and attached JOINT STATEMENT
OF ILLINOIS ENVIRONMENTAL PROTECTION AGENCY AND DYNEGY
MIDWEST GENERATION, 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 by hand delivery and/or first-class mail with postage prepaid and affixed, to the
persons listed on the
ATTACHED SERVICE LIST .
2
s
* * * * * PC #6283 * * * * *
Marie Tipsord, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph
Suite 11-500
Chicago, Illinois 60601
ti sordm ,incb.state.il.us
John J
. Kim, Managing Attorney
Charles E. Matoesian, Assistant Counsel
Gina Roccaforte, Assistant Counsel
Division of Legal Counsel
Illinois Environmental Protection
Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
i
ohn.kim@eoa.state. il.us
charies.matoesian@epa.state.il
.us
gina.roccafortenaepa.state.il.us
Bill S . Forcade
Katherine M
. Rahill
Jenner & Block LLP
One IBM Plaza, 40th Floor
Chicago, Illinois 60611
bforcade@aj
eimer.com
krahill(a),j enner.com
Bruce Nilles
Sierra Club
214 N. Henry Street, Suite 203
Madison, Wisconsin 53703
bruce
.nilles(cilsierraclub .org
William A . Murray
Special Assistant Corporation Counsel
Office of Public Utilities
800 East Monroe
Springfield, Illinois 62757
bmurray@cwlp.com
SERVICE LIST
(R06-25)
3
Christopher W . Newcomb
Karaganis, White & Mage, Ltd .
414 North Orleans Street, Suite 810
Chicago, Illinois 60610
cnewcombnak-w.com
Faith E . Bugel
Howard A. Lerner
Meleah Geertsma
Environmental Law and Policy Center
35 East Wacker Drive, Suite 1300
Chicago, Illinois 60601
fbugel@elpc .ore
N. LaDonna Driver
Katherine D. Hodge
Hodge, Dwyer Zeman
3150 Roland Avenue, P .O. Box 5776
Springfield, Illinois 62705-5776
nldriver@hdzlaw.com
Keith I
. Harley
Chicago Legal Clinic
205 West Monroe Street, 4`h Floor
Chicago, Illinois 60606
kharley@kentlaw.edu
Sheldon A . Zabel
Kathleen C . Bassi
Stephen J
. Bonebreak
Joshua R. More
Glenna L. Gilbert
Schiff Hardin LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
kbassin,schiffhardin .com
* * * * * PC #6283 * * * * *
David Rieser
James T . Harrington
Jeremy R. Hojnicki
McGuire Woods LLP
77 West Wacker, Suite 4100
Chicago, Illinois 60601
driesernmcguirewoods.co
m
harrington
mcguirewoods.co
m
Dianna Tickner
Prairie State Generating Company, LLC
701 Market Street, Suite 781
St. Louis, Missouri 63101
dticknera.peabodvenergy.com
S. David Farris
Manager, Environmental, Health and
Safety
Office of Public Utilities
City of Springfield
201 East Lake Shore Drive
Springfield, Illinois 62757
dfarris;cwlp.co m
4
* * * * * PC #6283 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDRECEIVED
CLERK'S OFFICE
AUG 2 1 2006
IN THE MATTER OF :
§
STATE OF ILLINOIS
§
Pollution Control Board
PROPOSED NEW 35 ILL .ADM.CODE PART 225
§
PCB R06-25
CONTROL OF EMISSIONS FROM
§
Rulemaking-Air
LARGE COMBUSTION SOURCES
§
JOINT STATEMENT OF ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY AND DYNEGY MIDWEST GENERATION, INC .
NOW COME the Illinois Environmental Protection Agency ("Illinois EPA") and
Dynegy Midwest Generation, Inc. ("Dynegy"), by their respective attorneys, and state as
follows:
On March 14, 2006 the Illinois EPA submitted to the Illinois Pollution Control
Board ("IPCB") proposed 35 Ill . Adm
. Code Part 225 to control emissions of mercury
from electric generating units . On May 23, 2006 Illinois EPA filed an amendment to the
proposed regulation that provided new Section 225 .234 Temporary Technology Based
Standard ("TTBS")
.
Beginning on June 12 and continuing through June 23, 2006 the IPCB conducted
a public evidentiary hearing on the Illinois EPA proposed regulation and the TTBS . The
Illinois EPA presented testimony supporting its proposed regulation and the TTBS and
Dynegy appeared and participated in that hearing .
On July 28, 2006 Ameren Energy Generating Company, AmerenEnergy Resource
Generating Company and Electric Energy, Inc . (collectively "Ameren") and the Illinois
EPA filed the New Section 225 .233 Multi-Pollutant Standards ("MPS") along with a
Joint Statement supporting the inclusion of the proposed amendment with Illinois EPA's
proposed regulation . As a result of negotiations between Dynegy and the Illinois EPA
1
* * * * * PC #6283 * * * * *
subsequent to the filing of the New Section 225 .233 Multi-Pollutant Standards, Dynegy
states as follows :
1 .
Dynegy requests that the IPCB consider a revision of the New Section
225
.233 Multi-Pollutant Standards proposed by Ameren and supported by the Illinois
EPA that would differ from the MPS filed by Ameren and Illinois EPA as described
below, and as reflected in Exhibit A attached hereto .
a.
The "Base Emission Rate" under the MPS during the ozone season
would be the average emission rate of NOx from EGUs subject to the MPS, in
pounds per million Btu heat input, for 2003 through 2005 ozone season, instead of
the 2004 and 2005 ozone seasons ;
b.
The annual NOx emission standard under the MPS, beginning in
calendar year 2012 would be no more than 0
.11 lb/mmBtu or a rate equivalent to
52% of the Base Annual Rate of NOx emissions, whichever is more stringent,
instead of 50% of the Base Annual Rate [revising Proposed New Section
225.233(e)(1)(A)]
;
c.
The annual SO2 emission standard under the MPS, during calendar
years 2013 and 2014 would be no more than 0
.33 lb/mmBtu or a rate equivalent
to 44% of the Base Rate of SO2 emissions, whichever is more stringent, instead of
35% of the Base Rate of SO2 emissions [revising Proposed New Section
225.233(e)(2)(A)] ;
d.
The annual SO2 emission standard under the MPS, during calendar
years 2015 and thereafter, would be no more than 0
.25 lb/mmBtu or a rate
equivalent to 35% of the Base Rate of SO 2 emissions, whichever is more
2
* * * * * PC #6283 * * * * *
stringent, instead of 30% of the Base Rate of SO2 emissions [revising Proposed
New Section 225
.233(e)(2)(B)]
;
e.
The Control Technology Requirements for Emissions of Mercury
under the MPS would allow EGUs that will be controlled by either an SO
2
scrubber or a fabric filter, instead of only an SO 2
scrubber, to install a listed
sorbent, an alternative sorbent, or other technique to control mercury emissions by
December 31, 2009 rather than July 1, 2009 [revising Proposed New Section
225,233(c)(1)(A)] ;
£
The MPS would allow up to 6% of the capacity of the MPS Group
or each electric generating unit in an MPS Group with a capacity of less than 90
MW electing to comply with the MPS to postpone installation of a listed sorbent,
an alternative sorbent, or other technique to control mercury emissions until
January 1, 2013, instead of postponing such installation only for EGUs with
capacity that is less than 90 MW [revising Proposed New Section
225.233(c)(1)(B)] ;
g.
For any cyclone fired electric generating unit that will install a
scrubber and baghouse by December 31, 2012 firing Subbituminous Coal that
demonstrates a 75% reduction in mercury or an emission rate of 0
.02 lb
mercury/GWh of gross electrical output, as of July 1, 2009, the minimum rate of
sorbent injection would be 2
.5 pounds per million actual cubic feet, instead of 5
pounds per million actual cubic feet [revising Proposed New Section
225 .233(c)(2)(C)] ;
3
* * * * * PC #6283 * * * * *
2 .
Under the Consent Decree in United States of America, et al. v. Illinois
Power Company and Dynegy Midwest Generation, Inc ., Dynegy has agreed to, and is
obligated to install the following new emission control equipment on coal-fired EGUs in
Illinois:
a. Flue gas desulfurization (FGD) for the control of SO
2
emissions on
Baldwin Units 1, 2 and 3 and Havana Unit 6 by December 31, 2012 ;
b. Fabric filters for the control of Particulate Matter emissions on
Baldwin Units 1, 2, and 3 and Havana Unit 6 by December 31, 2012 ;
and
c. A fabric filter and sorbent injection system for the control of mercury
on its Vermilion Units 1 and 2 by June 30, 2007 .
Dynegy has also agreed, and is obligated under the Consent Decree to operate its
existing selective catalytic reduction ("SCR") equipment on Baldwin Units I and 2 and
Havana Unit 6 continuously throughout the year for the control of NO x emissions.
3.
Dynegy and the Illinois EPA anticipate that the installation and operation
of pollution control equipment required to achieve the NOx and SO2 standards under the
revised Proposed New Section 225
.233 will achieve more reductions in NOx and SO2
emissions than are required under the Clean Air Interstate Rule or "CAIR" or under the
Consent Decree for control of these pollutants
. Dynegy and the Illinois EPA anticipate
that these emission reductions will contribute to reductions in the ambient levels of ozone
and PM2.5
and will benefit the residents of the State of Illinois
. The revised Proposed
Section 225
.233 would require covered Dynegy EGUs to achieve an annual emission rate
of 0.10
lb/mmBtu for NOx by 2012 and 0 .19 lb/mmBtu for SO2 by 2015 .
4
* * * * * PC #6283 * * * * *
4.
Dynegy and the Illinois EPA agree that compliance with the MPS revised
as set forth herein, is both technically feasible and economically reasonable, and that the
level of NOx and S02 emission reductions required under the revised MPS is expected to
contribute significantly to Illinois EPA's efforts to achieve attainment of the National
Ambient Air Quality Standards, and that any further reductions needed would first be
sought from other sources
.
WHEREFORE, Dynegy requests that the IPCB promulgate the revised Section
225.233
attached hereto as part of any Part 225 regulation . The Illinois EPA agrees with
the statements in this Joint Statement and supports promulgation of the revised Section
225.233 as part of the proposed Part 225 .
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
'In
One of i s Attorneys 6h
~llm;fl ~~, y
John J. Kim, Managing Attorney
Charles E . Matoesian, Assistant C nsel
Gina Roccaforte, Assistant Counsel
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
5
* * * * * PC #6283 * * * * *
DYNEGY MIDWEST GENERATION,
INC
.
,r:
James W. Ingram
Sr
. Corporate Counsel
Dynegy, Inc .
1000 Louisiana Street, Suite 5800
Houston, Texas 77002
Phone: (713) 767-04450
Fax: (713) 767-8508
6
* * * * * PC #6283 * * * * *
EXHIBIT A
* * * * * PC #6283 * * * * *
A-1
Illinois EPA and Dynegy Proposed
Revised Multi-Pollutant Standard
Showing Changes in Redline
* * * * * PC #6283 * * * * *
LX1 t_nMw1
n
((I
U
J
mniuui
1
,1~~uS s
(1I th, 1111 11
ktihJ .Base
Emission Rate means,
for a group of EGUs subject to emission standards for NOx and SO 2 pursuant to Section 225 .233,
the average emission rate of NOx or SO 2 from the EGUs, in pounds per million Btu heat input,
for calendar years 2003 through 2005 (or for seasonal NOx, the 2003 through
4and 2005 ozone
seasons), as determined from the data collected and quality assured by the USEPA pursuant to
the federal Acid Rain and NOx Budget Trading Programs for emissions and heat input of the
group of EGUs .
Section 225
.233
Multi-Pollutant Standards (MPS)
a)
General
As an alternative to compliance with the emissions standards of Section
225.230(a) of this Subpart, the owner of eligible EGUs may elect for such EGUs
to comply with this Section, which establishes control requirements and standards
for emissions of NOx and SO2, as well as emissions of mercury
.
(1)
(2)
For the purpose of this Section
:
(A)
An eligible EGU is an EGU located in Illinois that commenced
commercial operation on or before December 31, 20040 .
(3)
(B)
For the purposes of this Section, ownership of an eligible EGU is
determined based on direct ownership, or by holding a majority interest in
a company that owns an EGU or EGUs or by common ownership of the
company that owns the EGU, whether through a parent /subsidiary
relationship, as a sister corporation, or as an affiliated corporation with the
same parent corporation, provided that the owner has the right or authority
to submit a CAAPP application on behalf of the EGU .
The owner of one or more EGUs electing to comply with this Subpart by means
of this Section must submit an application for a CAAPP permit modification to
the Agency, as provided in Section 225 .220 of this Subpart, that includes the
information specified in subsection (b) of this Section and that clearly states the
owner's election to comply with the provisions of this Section 225
.233 .
(A)
If the owner of one or more EGUs elects to comply with this Subpart by
means of this Section, then all EGUs it owns in Illinois as of July 1, 2006,
as defined in subsection (a)(2)(B) of this Section, shall be thereafter
subject to the standards and control requirements of this Section, except as
provided in subsection (a)(3)(B) below
. Such EGUs shall be referred to
as an MPS Group .
(B)
Notwithstanding the foregoing, the owner may exclude from the MPS
Group any EGU scheduled for permanent shutdown that the owner so
* * * * * PC #6283 * * * * *
b)
Notice of Intent
The owner of one or more EGUs that intends to comply with this Subpart by means of
this Section shall notify the Agency of its intention by December 31, 2007, which
notification shall be accompanied by the following :
(1)
Identification of each of the EGUs that will be complying with this Subpart by
means of the multi-pollutant standards contained in this Section, with evidence
that the owner has identified all EGUs that its owns in Illinois as of July 1, 2006,
and that commenced commercial operation on or before December 31, 20040 .
(2)
If an EGU identified above is also owned or operated by an entity different than
the owner submitting the notice of intent, a demonstration that the submitter has
the right to commit the EGU or authorization from the responsible official for the
EGU accepting the application .
(3)
designates in its CAAPP application required to be submitted pursuant to
subsection (a)(3),
with compliance for such unit(s) to be achieved by
means of Section 225 .235 of this Subpart
.
(4)
When an EGU is subject to this Section, the requirements of this Section shall
apply to all owners and operators of the EGU, and to the designated representative
for the EGU .
The Base Emission Rates for the EGUs, with copies of supporting data and
calculations .
(4)
A summary of the current control devices on the EGUs and identification of the
additional control devices that will likely be needed for the EGUs to comply with
emission control requirements of this section , including identification of the
EGUs in the MPS group that will be addressed by Subsection (c)(1 )(B)of this
Section, with information showing that the eligibility criteria for this paragraph
are satisfied .
Identification of any EGU or EGUs that are scheduled for permanent shut down,
as provided by Section 225 .235, which will not be part of the MPS Group and
will not be complying with this Subpart by means of this Section .
(5)
c)
Control Technology Requirements for Emissions of Mercury :
(1)
(A) For each EGU in an MPS Group with acapacity of 90 MW or
morc;other
than an EGU or EGUs that are addressed by paragraph(c)(1
)(B)of
this
Section for the period beginning July 1, 2009 (or December 31, 2009 for
an EGU for which an SO2 scrubber or fabric filter
is being installed to be
in operation by December 31, 2009), and ending on December 31, 2014
(or such earlier date that the EGU is subject to the mercury emission
2
* * * * * PC #6283 * * * * *
(i)
standard in subsection (d)(1) of this Section), the owner or operator of the
EGU shall install, to the extent not already installed, and properly operate
and maintain one of the following :
A Halogenated Activated Carbon Injection System, complying with
the sorbent injection requirements of subsection
(c)(2) of this Section,
except as may be otherwise provided by subsection
(c)(4) of this
Section- - -- ion. and followed by a Cold-Side Electrostatic
Precipitator or Fabric Filter ; or
(ii)
If the boiler fires bituminous coal, a Selective Catalytic Reduction
(SCR) System and an SO2 Scrubber .
(B)
For the EGUsIIIan MPS group, the ownerof the EGUsmay designate
either
individual EGUs with a capacity . inTrussMWoutput, thatisless
than 115 M W each, provided that all
EGUsaaggregate
capacity, in gross
MW
output, is nu blurt than 4 .0 percent ul ,the total capacity of the E(iUs
ill the MPSgroup,that are nut subject to subsection (0(l )(A)
of this
Section .
-
Eur suchFGUs,kwrj,ch ECUin an NIPS Group with a capacity
t hat-is- lcss than 90 MW;
unless the EGU is subject to the emission
standards in subsection (d)(2) of this Section, beginning on January 1,
2013, and continuing until such date that the owner or operator of the
EGU commits to comply with the mercury emission standard in
subsection
(d)(2) of this Section, the owner or operator of the EGU shall
install and properly operate and maintain a Halogenated Activated Carbon
Injection System, complying with the sorbent injection requirements of
subsection (c)(2), except as may be otherwise provided by subsection
(c)(4)
of this Section, and followed by either a Cold-Side Electrostatic
Precipitator or Fabric Filter . The use of a properly installed, operated and
maintained Halogenated Activated Carbon Injection System that meets the
sorbent injection requirements of subsection (c)(2) of this Section is
referred to as the "principal control technique ."
(2)
For each EGU for which injection of halogenated activated carbon is required by
subsection (c)(1) of this Section, the owner or operator of the EGU shall inject
halogenated activated carbon in an optimum manner, which, except as provided in
subsection
(c)(4) of this Section, shall be deemed to be the following :
(A)
Use of an injection system designed for effective absorption of mercury,
considering the configuration of the EGU and its ductwork
;
(B)
The injection of halogenated activated carbon manufactured by Alstom,
Norit, or Sorbent Technologies, or the injection of other halogenated
activated carbon or sorbent that the owner or operator of the EGU shows
to have similar or better effectiveness for control of mercury emissions
;
and
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* * * * * PC #6283 * * * * *
(3)
(C)
The injection of sorbent at the following minimum rates, as applicable
:
(i)
For an EGU firing subbituminous coal, 5 .0 pounds per
million actual cubic feet ut lur any cyclone-Itred EGtI that will
install a scrubber and ba,huuse by December 31, 2012
. and
alreadv meeting an emission rue of 0.020
lb mercury/GWh gross
electrical
2 .5
pounds
output
per million
or at leastactual 75
cubicpercent feelreduction
.
of input mercury_
.
(ii)
For an EGU firing bituminous coal, 10
.0 pounds per million actual
cubic feet or six any cyclone-fired EGU that will install a scrubber
and ba,house by December 31 , 2012, and already meeting an
emission rate of 0.0201b
mercury/GWb gross electrical output of
at least 75 Percent reduction of input mercury
. 5
.0 pounds per
million actual cubic feet.
(iii) For an EGU firing a blend of subbituminous and bituminous coal,
a rate that is the weighted average of the above rates, based on the
blend of coal being fired
.
(iv)
A rate or rates lower than the rate specified above may be set on a
unit-specific basis to the extent that the owner or operator of the
EGU demonstrates that such rate or rates are needed so that carbon
injection will not increase particulate matter emissions or opacity
so as to threaten compliance with applicable requirements for
particulate matter or opacity .
For this purpose, flue gas flow rate shall be determined for the point of sorbent
injection, provided, however, that this flow rate maybe assumed to be identical to
the stack flow rate if the gas temperatures at the point of injection and the stack
are normally within 100°
F, or may otherwise be calculated from the stack flow
rate, corrected for the difference in gas temperatures .
The owner or operator of an EGU that seeks to operate an EGU with an activated
carbon injection rate or rates that are set on a unit-specific basis pursuant to
subsection
(c)(2)(C)(iv) of this Section shall submit an application to the Agency
proposing such rate or rates, and shall meet the following requirements
:
(A)
The application shall be submitted as an application for a new or revised
federally enforceable operating permit for the EGU and include a
summary of relevant mercury emission data for the EGU, the unit-specific
injection rate or rates that are proposed and detailed information to support
the proposed injection rate or rates .
4
* * * * * PC #6283 * * * * *
(B) This application shall be submitted no later than the date that activated
carbon must first be injected. For example, the owner or operator of an
EGU that must inject activated carbon inj ection pursuant to subsection
(c)(1)(A) of this subsection shall apply for unit-specific injection rate or
rates by July 1, 2009 . Thereafter, the owner or operator of the EGU may
supplement its application .
(C)
The decision of the Agency denying a permit or granting a permit with conditions
that set a lower injection rate or rates may be appealed to the Board pursuant to
Section 39 of the Act .
(D) The owner or operator of an EGU may operate at the injection rate or rates
proposed in its application until a final decision is made on the application,
including a final decision on any appeal to the Board.
(4)
During an evaluation of the effectiveness of a listed sorbent, an alternative
sorbent, or other technique to control mercury emissions, the owner or operator of
an EGU need not comply with the requirements of subsection
(c)(2) of this
Section for such system as needed to carry out an evaluation of the practicality
and effectiveness of such technique, as further provided below :
(A)
The owner or operator of the EGU shall conduct the evaluation in
accordance with a formal evaluation program submitted to the Illinois
EPA at least 30 days in advance .
(B)
The duration and scope of the evaluation shall not exceed the duration and
scope reasonably needed to complete the desired evaluation of the
alternative control technique, as initially addressed by the owner or owner
in a support document submitted with the evaluation program
.
(C)
The owner or operator of the EGU shall submit a report to the Illinois EPA
no later than 30 days after the conclusion of the evaluation describing the
evaluation that was conducted and providing the results of the evaluation
.
(D)
If the evaluation of the alternative control technique shows less effective
control of mercury emissions from the EGU than achieved with the
principal control technique, the owner or operator of the EGU shall
resume use of the principal control technique . If the evaluation of the
alternative control technique shows comparable effectiveness to the
principal control technique, the owner or operator of the EGU may either
continue to use the alternative control technique in a manner that is at
least as effective as the principal control technique or resume use of the
principal control technique
. If the evaluation of the alternative control
technique shows more effective control of mercury emissions, the owner
5
* * * * * PC #6283 * * * * *
(5)
or operator of the EGU shall continue to use the alternative control
technique in a manner that is more effective than the principal control
technique, if it continues to be subject to this subsection (c) of this
Section .
In addition to complying with the applicable recordkeeping and monitoring
requirements in Sections 225
.240 through 225 .290 of this Subpart, the owner or
operator of an EGU electing to comply with this Subpart by means of this
Section shall also :
(A)
For the first 36 months that injection of sorbent is required, maintain
records of the usage of sorbent, the exhaust gas flow rate from the EGU,
and the sorbent feed rate, in pounds per million actual cubic feet of
exhaust gas at the injection point, on a weekly average
.
(B)
After the first 36 months that injection of sorbent is required, monitor
activated sorbent feed rate to the EGU, flue gas temperature at the point of
sorbent injection, and exhaust gas flow rate from the EGU, automatically
recording this data and the sorbent carbon feed rate, in pounds per million
actual cubic feet of exhaust gas at the injection point, on an hourly
average.
(C)
If a blend of bituminous and sub-bituminous coal is fired in the EGU, keep
records of the amount of each type or coal burned and the required
injection rate for injection of activated carbon, on a weekly basis.
(6)
In addition to complying with the applicable reporting requirements in Sections
225 .240 through 225 .290 of this Subpart , the owner or operator of an EGU
electing to comply with this Subpart by means of this Section shall also submit
quarterly reports for the recordkeeping and monitoring conducted pursuant to
subsection (c)(5) of this Section .
d)
Emission Standards for Mercury
For each EGU in an MPS Group with a capacity that is 90115 MW or more,
beginning January 1, 2015 (or such earlier date that the owner or operator of the
EGU notifies the Agency that it will comply with these standards) and thereafter,
the owner or operator of the EGU shall comply with one of the following
standards on a rolling 12-month basis :
(A)
An emission standard of 0 .0080 lb mercury/GWh gross electrical output ;
or
(B)
A minimum 90-percent reduction of input mercury .
6
* * * * * PC #6283 * * * * *
(2)
For each EGU in an MPS Group
11, 0±
.aldic ,Ird
wrdei ,u1Nccuiui «i 10 ;i uI Ihi, Scrawl . beginning on the date
that the owner or operator of the EGU notifies the Agency that it will comply with
these standards and thereafter, the owner or operator of the EGU shall comply
with one of the following standards on a rolling 12-month basis :
(A)
An emission standard of 0
.0080 lb mercury/GWh gross electrical output ;
or
(B)
A minimum 90-percent reduction of input mercury .
Compliance with the mercury emission standard or reduction requirement shall be
calculated in accordance with Section 225 .230(a) or (d) of this Subpart .
(3)
(1)
(3)
e)
Emission Standards for NOx and SO2
NOx Emission Standards :
(A) Beginning in calendar year 2012, and each calendar thereafter, for the
EGUs in each MPS Group, the owners and operators of the EGUs shall
comply with an overall NOx annual emission rate of no more than 0
.11
lbs/million Btu or a rate equivalent to 52s0 percent of the Base Annual
Rate of NOx emissions, whichever is more stringent .
(B)
Beginning in the 2012 ozone season and each ozone season thereafter, for
the EGUs in each MPS Group, the owners and operators of the EGUs shall
comply with an overall NOx seasonal emission rate of no more than 0 .11
lbs/million Btu or a rate equivalent to 80 percent of the Base Seasonal
Rate of NOx emissions, whichever is more stringent
.
(2)
S02 Emissions Standards :
(A)
Beginning in calendar year 2013 and continuing in calendar year 2014, for
the EGUs in each MPS Group, the owners or operators of EGUs shall
comply with an overall SO2 annual emission rate of 0.33 lbs/million Btu
or a rate equivalent to 444 percent of the Base Rate of SO2
emissions,
whichever is more stringent .
(B)
Beginning in calendar year 2015, and continuing in each calendar year
thereafter, for the EGUs in each MPS Grouping, the owners or operators
of EGUs shall comply with an overall annual emission rate for SO2 of 0.25
lbs/million Btu or a rate equivalent to 35?4) percent of the Base Rate of
S02 emissions, whichever is more stringent .
Compliance with the NOx and SO 2 emission standards shall be determined in
accordance with Sections 225 .310, 225 .410, and 225 .510 of this Part . The owners
7
* * * * * PC #6283 * * * * *
f)
Requirements for NOx and S02 Allowances
(1)
(2)
The owners or operators of EGUs in an MPS Group shall not sell or trade to any
person or otherwise exchange with or give to any person S02 allowances
allocated to the EGUs in the MPS Group for vintage years 2013 and beyond that
would otherwise be available for sale or trade as a result of actions taken to
comply with the standards in subsection (e) of this Section . Such allowances that
are not retired for compliance of olheiyv sc URN
pw I! Ant (u a c !!cnl
dhure
(u
which (lie Shiite ul llhnuk i a
I'
a
Iv,
shall be surrendered to the Agency
on an annual basis, beginning in calendar year 2014 . This provision does not
apply to the use, sale, exchange, gift or trade of allowances among the EGUs in an
MPS Group .
The provisions of this subsection do not restrict or inhibit the sale or trading of
allowances that become available from one or more EGUs in a MPS Group as a
result of holding allowances that represent over-compliance with the NOx or SO2
standard in subsection (e) of this Section, once such a standard becomes effective,
whether such over-compliance results from control equipment, fuel changes,
changes in the method of operation or unit shut downs, or for other reasons .
(3)
or operators of EGUs must complete the determination of compliance by March 1
of the following year for annual standards and by November I for seasonal
standards, by which date a compliance report shall be submitted to the Agency
.
The owners or operators of EGUs in an MPS Group shall not sell or trade to any
person or otherwise exchange with or give to any person NOx allowances
allocated to the EGUs in the MPS Group for vintage years 2012 and beyond that
would otherwise be available for sale, trade or exchange as a result of actions
taken to comply with the standards in subsection (e) of this Section
. Such
allowances that are not retired for compliance shall be surrendered to the Agency
on an annual basis, beginning in calendar year 2013
. This provision does not
apply to the use, sale, exchange, gift or trade of allowances among the EGUs in an
MPS Group .
(4)
For purposes of this subsection, NOx and S0
2
allowances shall mean allowances
necessary for compliance with Sections 225 .310, 225 .410, 225 .510 of this Part, 40
CFR Part 72, or 40 CFR 96.101, et seq., and 40 CFR 96.301, et seq . The
provisions of this Section do not prohibit the owners or operators of EGUs in an
MPS Group from purchasing or otherwise obtaining allowances from other
sources as allowed by law for purposes of complying with federal or state
requirements, excluding specifically the requirements of this Section.
(5)
By March 1, 2010, and continuing each year thereafter, the owner or operator of
EGUs in an MPS Group shall submit a report to the Agency demonstrating
compliance with the requirements of this subsection for the previous year, which
shall include identification of any allowances that have been surrendered to the
8
* * * * * PC #6283 * * * * *
USEPA or to the Agency, and identification of any allowances that were sold,
gifted, used, exchanged or traded because they became available due to over-
compliance .
g)
Notwithstanding 35 Ill. Adm. Code 201 .146(hhh), until an EGU has complied with the
applicable emission standards of subsections (d) and (e) of this Section for 12 months, the
owner or operator of the EGU shall obtain a construction permit for any new or modified
air pollution control equipment proposed to be constructed for emissions of mercury,
NOx or S02-
9
* * * * * PC #6283 * * * * *
A-2
Illinois EPA and Dynegy Proposed
Revised Multi-Pollutant Standard
Clean
* * * * * PC #6283 * * * * *
[Add Citation to Definitions Section of the Illinois Mercury Rule] .Base Emission Rate means,
for a group of EGUs subject to emission standards for NOx and SO2 pursuant to Section 225 .233,
the average emission rate of NOx or SO2 from the EGUs, in pounds per million Btu heat input,
for calendar years 2003 through 2005 (or for seasonal NOx, the 2003 through 2005 ozone
seasons), as determined from the data collected and quality assured by the USEPA pursuant to
the federal Acid Rain and NOx Budget Trading Programs for emissions and heat input of the
group of EGUs.
Section 225 .233
Multi-Pollutant Standards (MPS)
a)
General
As an alternative to compliance with the emissions standards of Section
225 .230(a) of this Subpart, the owner of eligible EGUs may elect for such EGUs
to comply with this Section, which establishes control requirements and standards
for emissions of NOx and SO2, as well as emissions of mercury .
(1)
(2)
For the purpose of this Section
:
(A) An eligible EGU is an EGU located in Illinois that commenced
commercial operation on or before December 31, 2004 .
(3)
(B)
For the purposes of this Section, ownership of an eligible EGU is
determined based on direct ownership, or by holding a majority interest in
a company that owns an EGU or EGUs or by common ownership of the
company that owns the EGU, whether through a parent /subsidiary
relationship, as a sister corporation, or as an affiliated corporation with the
same parent corporation, provided that the owner has the right or authority
to submit a CAAPP application on behalf of the EGU .
The owner of one or more EGUs electing to comply with this Subpart by means
of this Section must submit an application for a CAAPP permit modification to
the Agency, as provided in Section 225 .220 of this Subpart, that includes the
information specified in subsection (b) of this Section and that clearly states the
owner's election to comply with the provisions of this Section 225 .233 .
(A) If the owner of one or more EGUs elects to comply with this Subpart by
means of this Section, then all EGUs it owns in Illinois
as of July 1, 2006,
as defined in subsection (a)(2)(B) of this Section, shall be thereafter
subject to the standards and control requirements of this Section, except
as
provided in subsection (a)(3)(B) below. Such EGUs shall be referred to
as an MPS Group .
(B)
Notwithstanding the foregoing, the owner may exclude from the MPS
Group any EGU scheduled for permanent shutdown that the owner so
* * * * * PC #6283 * * * * *
(1)
(3)
(4)
A summary of the current control devices on the EGUs and identification of the
additional control devices that will likely be needed for the EGUs to comply with
emission control requirements of this section, including identification of the
EGUs in the MPS group that will be addressed by subsection (c)(1)(B) of this
Section, with information showing that the eligibility criteria for this paragraph
are satisfied .
Identification of any EGU or EGUs that are scheduled for permanent shut down,
as provided by Section 225 .235, which will not be part of the MPS Group and
will not be complying with this Subpart by means of this Section
.
(5)
c)
Control Technology Requirements for Emissions of Mercury
:
(1)
(A)
designates in its CAAPP application required to be submitted pursuant to
subsection (a)(3),
with compliance for such unit(s) to be achieved by
means of Section 225 .235 of this Subpart .
(4)
When an EGU is subject to this Section, the requirements of this Section shall
apply to all owners and operators of the EGU, and to the designated representative
for the EGU .
b)
Notice of Intent
The owner of one or more EGUs that intends to comply with this Subpart by means of
this Section shall notify the Agency of its intention by December 31, 2007, which
notification shall be accompanied by the following
:
Identification of each of the EGUs that will be complying with this Subpart by
means of the multi-pollutant standards contained in this Section, with evidence
that the owner has identified all EGUs that its owns in Illinois as of July 1, 2006,
and that commenced commercial operation on or before December 31, 2004
.
(2)
If an EGU identified above is also owned or operated by an entity different than
the owner submitting the notice of intent, a demonstration that the submitter has
the right to commit the EGU or authorization from the responsible official for the
EGU accepting the application .
The Base Emission Rates for the EGUs, with copies of supporting data and
calculations .
For each EGU in an MPS Groupother than an EGU or EGUs that are
addressed by paragraph (c)(1)(B)
of this Section for the period beginning
July 1, 2009 (or December 31, 2009 for an EGU for which an SO2
scrubber or fabric filter is being installed to be in operation by December
31, 2009), and ending on December 31, 2014 (or such earlier date that the
EGU is subject to the mercury emission standard in subsection
(d)(1) of
2
* * * * * PC #6283 * * * * *
(i)
this Section), the owner or operator of the EGU shall install, to the extent
not already installed, and properly operate and maintain one of the
following :
A Halogenated Activated Carbon Injection System, complying with
the sorbent injection requirements of subsection
(c)(2) of this Section,
except as may be otherwise provided by subsection (c)(4)
of this
Section and followed by a Cold-Side Electrostatic Precipitator or
Fabric Filter ; or
(ii)
If the boiler fires bituminous coal, a Selective Catalytic Reduction
(SCR) System and an SO2 Scrubber
.
(B)
For the EGUs in an MPS group, the owner of the EGUs may designate
either individual EGUs with a capacity, in gross MW output, that is less
than 115 MW each, provided that all EGUs aggregate capacity, in gross
MW output, is no more than 4 .0 percent of the total capacity of the EGUs
in the MPS group that are not subject to subsection
(c)(1)(A)
of this
Section
. For such EGUs, unless the EGU is subject to the emission
standards in subsection (d)(2)
of this Section, beginning on January 1,
2013, and continuing until such date that the owner or operator of the
EGU commits to comply with the mercury emission standard in
subsection (d)(2) of this Section, the owner or operator of the EGU shall
install and properly operate and maintain a Halogenated Activated Carbon
Injection System, complying with the sorbent injection requirements of
subsection (c)(2), except as may be otherwise provided by subsection
(c)(4)
of this Section, and followed by either a Cold-Side Electrostatic
Precipitator or Fabric Filter
. The use of a properly installed, operated and
maintained Halogenated Activated Carbon Injection System that meets the
sorbent injection requirements of subsection (c)(2)
of this Section is
referred to as the "principal control technique
."
(2)
For each EGU for which injection of halogenated activated carbon is required by
subsection (c)(1)
of this Section, the owner or operator of the EGU shall inject
halogenated activated carbon in an optimum manner, which, except as provided in
subsection (c)(4)
of this Section, shall be deemed to be the following :
(A)
Use of an injection system designed for effective absorption of mercury,
considering the configuration of the EGU and its ductwork
;
(B)
The injection of halogenated activated carbon manufactured by Alstom,
Norit, or Sorbent Technologies, or the injection of other halogenated
activated carbon or sorbent that the owner or operator of the EGU shows
to have similar or better effectiveness for control of mercury emissions
;
and
3
* * * * * PC #6283 * * * * *
(3)
(C)
The injection of sorbent at the following minimum rates, as applicable :
(i)
For an EGU firing subbituminous coal, 5 .0 pounds per
million actual cubic feet or for any cyclone-fired EGU that will
install a scrubber and baghouse by December 31, 2012, and
already meeting an emission rate of 0 .020 lb mercury/GWh gross
electrical output or at least 75 percent reduction of input mercury,
2 .5 pounds per million actual cubic feet .
(ii)
For an EGU firing bituminous coal, 10 .0 pounds per million actual
cubic feet or for any cyclone-fired EGU that will install a scrubber
and baghouse by December 31, 2012, and already meeting an
emission rate of 0 .020 lb mercury/GWh gross electrical output or
at least 75 percent reduction of input mercury, 5 .0 pounds per
million actual cubic feet .
(iii) For an EGU firing a blend of subbituminous and bituminous coal,
a rate that is the weighted average of the above rates, based on the
blend of coal being fired .
(iv)
A rate or rates lower than the rate specified above may be set on a
unit-specific basis to the extent that the owner or operator of the
EGU demonstrates that such rate or rates are needed so that carbon
injection will not increase particulate matter emissions or opacity
so as to threaten compliance with applicable requirements for
particulate matter or opacity .
For this purpose, flue gas flow rate shall be determined for the point of sorbent
injection, provided, however, that this flow rate may be assumed to be identical to
the stack flow rate if the gas temperatures at the point of injection and the stack
are normally within 1000 F, or may otherwise be calculated from the stack flow
rate, corrected for the difference in gas temperatures .
The owner or operator of an EGU that seeks to operate an EGU with an activated
carbon injection rate or rates that are set on a unit-specific basis pursuant to
subsection (c)(2)(C)(iv)
of this Section shall submit an application to the Agency
proposing such rate or rates, and shall meet the following requirements :
(A)
The application shall be submitted as an application for a new or revised
federally enforceable operating permit for the EGU and include a
summary of relevant mercury emission data for the EGU, the unit-specific
injection rate or rates that are proposed and detailed information to support
the proposed injection rate or rates .
(B)
This application shall be submitted no later than the date that activated
carbon must first be injected . For example, the owner or operator of an
4
* * * * * PC #6283 * * * * *
EGU that must inject activated carbon pursuant to subsection
(c)(1)(A) of
this subsection shall apply for unit-specific injection rate or rates by July
1, 2009
. Thereafter, the owner or operator of the EGU may supplement its
application .
(C)
The decision of the Agency denying a permit or granting a permit with conditions
that set a lower injection rate or rates may be appealed to the Board pursuant to
Section 39 of the Act .
(D)
The owner or operator of
an EGU may operate at the injection rate or rates
proposed in its application until a final decision is made on the application,
including a final decision on any appeal to the Board.
(4)
During
an evaluation of the effectiveness of a listed sorbent, an alternative
sorbent, or other technique to control mercury emissions, the owner or operator of
an EGU need not comply with the requirements of subsection (c)(2)
of this
Section for such system as needed to carry out an evaluation of the practicality
and effectiveness of such technique, as further provided below :
(A)
The owner or operator of the EGU shall conduct the evaluation in
accordance with a formal evaluation program submitted to the Illinois
EPA at least 30 days in advance .
(B) The duration and scope of the evaluation shall not exceed the duration and
scope reasonably needed to complete the desired evaluation of the
alternative control technique, as initially addressed by the owner or owner
in a support document submitted with the evaluation program .
(C)
The owner or operator of the EGU shall submit a report to the Illinois EPA
no later than 30 days after the conclusion of the evaluation describing the
evaluation that was conducted and providing the results of the evaluation
.
(D)
If the evaluation of the alternative control technique shows less effective
control of mercury emissions from the EGU than achieved with the
principal control technique, the owner or operator of the EGU shall
resume use of the principal control technique . If the evaluation of the
alternative control technique shows comparable effectiveness to the
principal control technique, the owner or operator of the EGU may either
continue to use the alternative control technique in a manner that is at
least as effective as the principal control technique or resume use of the
principal control technique . If the evaluation of the alternative control
technique shows more effective control of mercury emissions, the owner
or operator of the EGU shall continue to use the alternative control
technique in a manner that is more effective than the principal control
5
* * * * * PC #6283 * * * * *
(5)
d)
Emission Standards for Mercury
(1)
technique, if it continues to be subject to this subsection (c) of this
Section.
In addition to complying with the applicable recordkeeping and monitoring
requirements in Sections 225
.240 through 225 .290 of this Subpart, the owner or
operator of an EGU electing to comply with this Subpart by means of this
Section shall also :
(A)
For the first 36 months that injection of sorbent is required, maintain
records of the usage of sorbent, the exhaust gas flow rate from the EGU,
and the sorbent feed rate, in pounds per million actual cubic feet of
exhaust gas at the injection point, on a weekly average
.
(B)
After the first 36 months that injection of sorbent is required, monitor
activated sorbent feed rate to the EGU, flue gas temperature at the point of
sorbent injection, and exhaust gas flow rate from the EGU, automatically
recording this data and the sorbent carbon feed rate, in pounds per million
actual cubic feet of exhaust gas at the injection point, on an hourly
average.
(C)
If a blend of bituminous and sub-bituminous coal is fired in the EGU, keep
records of the amount of each type or coal burned and the required
injection rate for injection of activated carbon, on a weekly basis .
(6)
In addition to complying with the applicable reporting requirements in Sections
225 .240 through 225
.290 of this Subpart, the owner or operator of an EGU
electing to comply with this Subpart by means of this Section shall also submit
quarterly reports for the recordkeeping and monitoring conducted pursuant to
subsection (c)(5) of this Section
.
For each EGU in an MPS Group with a capacity that is 115 MW or more,
beginning January 1, 2015 (or such earlier date that the owner or operator of the
EGU notifies the Agency that it will comply with these standards) and thereafter,
the owner or operator of the EGU shall comply with one of the following
standards on a rolling 12-month basis
:
(A)
An emission standard of 0
.0080 lb mercury/GWh gross electrical output
;
or
(B) A minimum 90-percent reduction of input mercury
.
(2)
For each EGU in an MPS Group that has been addressed under subsection
(c)(1)(B)
of this Section, beginning on the date that the owner or operator of the
EGU notifies the Agency that it will comply with these standards and thereafter,
6
* * * * * PC #6283 * * * * *
(3)
the owner or operator of the EGU shall comply with one of the following
standards on a rolling 12-month basis :
(A)
An emission standard of 0 .0080 lb mercury/GWh gross electrical output;
or
(B)
A minimum 90-percent reduction of input mercury .
Compliance with the mercury emission standard or reduction requirement shall be
calculated in accordance with Section 225 .230(a) or (d) of this Subpart .
e)
Emission Standards for NOx and SO2
(1)
(3)
NOx Emission Standards :
(A)
Beginning in calendar year 2012, and each calendar thereafter, for the
EGUs in each MPS Group, the owners and operators of the EGUs shall
comply with an overall NOx annual emission rate of no more than 0 .11
lbs/million Btu or a rate equivalent to 52 percent of the Base Annual Rate
of NOx emissions, whichever is more stringent .
(B)
Beginning in the 2012 ozone season and each ozone season thereafter, for
the EGUs in each MPS Group, the owners and operators of the EGUs shall
comply with an overall NOx seasonal emission rate of no more than 0 .11
lbs/million Btu or a rate equivalent to 80 percent of the Base Seasonal
Rate of NOx emissions, whichever is more stringent
.
(2)
SO2 Emissions Standards :
(A)
Beginning in calendar year 2013 and continuing in calendar year 2014, for
the EGUs in each MPS Group, the owners or operators of EGUs shall
comply with an overall SO2 annual emission rate of 0
.33 lbs/million Btu
or a rate equivalent to 44 percent of the Base Rate of SO2 emissions,
whichever is more stringent .
(B)
Beginning in calendar year 2015, and continuing in each calendar year
thereafter, for the EGUs in each MPS Grouping, the owners or operators
of EGUs shall comply with an overall annual emission rate for SO2 of 0
.25
lbs/million Btu or a rate equivalent to 35 percent of the Base Rate of SO2
emissions, whichever is more stringent .
Compliance with the NOx and S0
2
emission standards shall be determined in
accordance with Sections 225 .310, 225
.410, and 225 .510 of this Part. The owners
or operators of EGUs must complete the determination of compliance by March 1
of the following year for annual standards and by November 1 for seasonal
standards, by which date a compliance report shall be submitted to the Agency
.
7
* * * * * PC #6283 * * * * *
fl
Requirements for NOx and S02 Allowances
The owners or operators of EGUs in an MPS Group shall not sell or trade to any
person or otherwise exchange with or give to any person NOx allowances
allocated to the EGUs in the MPS Group for vintage years 2012 and beyond that
would otherwise be available for sale, trade or exchange as a result of actions
taken to comply with the standards in subsection (e) of this Section . Such
allowances that are not retired for compliance shall be surrendered to the Agency
on an annual basis, beginning in calendar year 2013 . This provision does not
apply to the use, sale, exchange, gift or trade of allowances among the EGUs in an
MPS Group .
(1)
(2)
The owners or operators of EGUs in an MPS Group shall not sell or trade to any
person or otherwise exchange with or give to any person S02 allowances
allocated to the EGUs in the MPS Group for vintage years 2013 and beyond that
would otherwise be available for sale or trade as a result of actions taken to
comply with the standards in subsection (e) of this Section . Such allowances that
are not retired for compliance or otherwise surrendered pursuant to a consent
decree to which the State of Illinois is a party, shall be surrendered to the Agency
on an annual basis, beginning in calendar year 2014 . This provision does not
apply to the use, sale, exchange, gift or trade of allowances among the EGUs in an
MPS Group .
The provisions of this subsection do not restrict or inhibit the sale or trading of
allowances that become available from one or more EGUs in a MPS Group as a
result of holding allowances that represent over-compliance with the NOx or SO
2
standard in subsection (e) of this Section, once such a standard becomes effective,
whether such over-compliance results from control equipment, fuel changes,
changes in the method of operation or unit shut downs, or for other reasons
.
(3)
(4)
For purposes of this subsection, NOx and SO2 allowances shall mean allowances
necessary for compliance with Sections 225 .310, 225 .410, 225
.510 of this Part, 40
CFR Part 72, or 40 CFR 96.101, et seq., and 40 CFR 96 .301,
et seq . The
provisions of this Section do not prohibit the owners or operators of EGUs in an
MPS Group from purchasing or otherwise obtaining allowances from other
sources as allowed by law for purposes of complying with federal or state
requirements, excluding specifically the requirements of this Section
.
(5)
By March 1, 2010, and continuing each year thereafter, the owner or operator of
EGUs in an MPS Group shall submit a report to the Agency demonstrating
compliance with the requirements of this subsection for the previous year, which
shall include identification of any allowances that have been surrendered to the
USEPA or to the Agency, and identification of any allowances that were sold,
gifted, used, exchanged or traded because they became available due to over-
compliance.
8
* * * * * PC #6283 * * * * *
g)
Notwithstanding 35 Ill
. Adm. Code 201
.146(hhh), until an EGU has complied with the
applicable emission standards of subsections (d) and (e) of this Section for 12 months, the
owner or operator of the EGU shall obtain a construction permit for any new or modified
air pollution control equipment proposed to be constructed for emissions of mercury,
NOx or SO2.
9
* * * * * PC #6283 * * * * *
