BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERKS OFFICE
IN THE MATTER OF
:
)
SEP
?
6 2006
STATE OF ILLINOIS
PROPOSED NEW 35 ILL
. ADM. CODE 225 )
R06-25
Pollution Control Board
CONTROL OF EMISSIONS FROM
)
LARGE
COMBUSTION SOURCES
(Rulemaking-Air)
)
NOTICE OF FILING
TO
: Those Individuals as Listed on attached Certificate of Service
Please take notice that on September 25, 2006, the undersigned caused to be filed with the Clerk
of the Illinois Pollution Control Board the attached Ameren's Supplemental Post-Hearing
Comments and Motion for Leave to File Instanter Supplemental Post-Hearing Comments copies
of which is herewith served upon you
.
Dated this 25`h day of September, 2006
.
Respectfully submitted,
AMEREN ENERGY GENERATING COMPANY
AMERENENERGY RESOURCES GENERATING
COMP
ELECTRIC ENERGY, INC
.
James T. Harrington
David L . Rieser
Jeremy R . Hojnicki
Attorneys for Petitioners
McGuireWoods LLP
77 West Wacker, Suite 4100
Chicago, Illinois 60601
Telephone
: 312/849-8100
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF
:
)
PROPOSED NEW 35 ILL . ADM
. CODE 225 )
CONTROL OF EMISSIONS FROM
)
LARGE COMBUSTION SOURCES
)
R06-25
(Rulemaking - Air)
MOTION FOR LEAVE TO FILE INSTANTER SUPPLEMENTAL
POST-HEARING COMMENTS
NOW
COME Ameren Energy Generating Company, AmerenEnergy Resource
Generating Company, and Electric Energy, Inc
. (collectively "Ameren"), by their attorneys,
McGuireWoods LLP, and pursuant to 35 Ill
. Adm . Code 101
.500, moves that the Illinois
Pollution Control Board grant Ameren leave to file its Supplemental Post-Hearing Comments
with respect to the proposed 35 Ill
. Adm
. Code Part 225, Illinois mercury rules
. In support of its
Motion, Ameren states as follows :
I .
On September 20, 2006, Ameren filed its Post-Hearing Comments with the Board
on the Illinois Environmental Protection Agency's ("Agency") proposed mercury rule as
amended by the MPS provisions .
2.
On September 20, 2006, the Agency filed its Post-Heaing Comments with the
Board on the proposed mercury rule as amended by the MPS provisions
.
3 .
The Agency's Post-Hearing Comments recommended several minor changes
concerning the language of the MPS .
4.
During the August hearings in Chicago, a representative of Ameren, Mr
. Michael
L
. Menne, testified that Ameren intends on taking advantage of the MPS provisions to comply
with the proposed mercury rule
.
RECEIVED
CLERK'S OFFICE
SEP 2 6 2006
STATE OF
ILLINOIS
Pollution Control Board
5 .
Prior to the September 20, 2006 deadline for filing post-hearing comments with
the Board, Ameren had not reviewed the Agency's proposed changes to the MPS as set forth in
the Agency's Post Hearing Comments .
6 .
Ameren has since reviewed the Agency's proposed changes to the MPS and has
no objection with these revisions
.
7 .
In order to provide the Board with a complete record on how the Agency's
recommended changes to the MPS will impact existing sources, Ameren submits the attached
Supplemental Post-Hearing Comments to the Board for its review and consideration
.
WHEREFORE, for the reasons set forth above, Ameren respectfully moves that the
Board grant leave to file instanter Ameren's Supplemental Post-Hearing Comments
.
Respectfully submitted,
AMEREN ENERGY GENERATING COMPANY
AMERENENERGY RESOURCES GENERATING
COMPANY ELECT
ENERGY, INC.
Date: September 25, 2006
James T. Harrington
David L
. Rieser
Jeremy R. Hojnicki
Attorneys for Petitioners
McGuireWoods LLP
77 West Wacker, Suite 4100
Chicago, Illinois 60601
Telephone : 312/849-8100
\4184998 .1
RECEIVED
CLERK;S
OFFICE
SEP 2
6
2006
IN THE MATTER OF :
)
Pollution
STATE OF
Control
ILLINOIS
Board
PROPOSED NEW
35 ILL
.
ADM. CODE 225 )
CONTROL
OF EMISSIONS FROM
R06-25
)
R06-25
LARGE COMBUSTION SOURCES
along- Air)
)
AMEREN'S SUPPLEMENTAL POST-HEARING COMMENTS
NOW COME Ameren Energy Generating Company, AmerenEnergy Resource
Generating Company, and Electric Energy, Inc
. (collectively "Ameren"), by their attorneys,
McGuireWoods LLP, and submits these Supplemental Post Hearing Comments in support of the
proposed 35 Ill . Adm
. Code Part 225, Control of Emissions from Large Combustion Sources as
amended by the Multi-Pollutant Standard ("MPS) provisions
.
In the Illinois Environmental Protection Agency's ("Agency") Post-Hearing Comments
to the Board filed on September 20, 2006, the Agency recommended several minor changes to
the MPS provisions of the proposed Illinois mercury rule
. The revisions to the MPS are as
follows :
1)
Deletion of the reference of "Electric Energy, Inc
., ID 127855AAC" in
Sections 225 .232(d)(2)(A) and 225
.234(b)(3)(B) in the MPS
.
2)
The inclusion of the word "banking" in the first line of Section 225
.233(f)(3)
of the MPS .
This subsection would now read, "The provisions of this
subsection do not restrict or inhibit the banking, sale or trading
. . ."
3)
The Agency recommends replacing Section 225
.233(f)(5) of the MPS with
new the language provided in the Agency's Post-Hearing Comments to insure
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
that affected sources have an appropriate amount of time to account for U
.S .
EPA's actions regarding the surrender of allowances
.
Ameren has reviewed the Agency's proposed changes to the MPS language and has no objection
to these revisions
. Therefore, Ameren respectfully requests that the Board
adopt the Agency's
proposed mercury rule with the amended MPS language .
WHEREFORE, for the reasons stated in Ameren's Post-Hearing Comments and herein,
Ameren respectfully requests the Board to
adopt the Agency's proposed mercury rule as
amended.
AMEREN ENERGY GENERATING
COMPANY, AMERENENERGY RESOURCE
GENERATING-COMPANY,
and ELECTRIC
One of its Attorneys
Date
: September 25, 2006
James T. Harrington
David L. Rieser
Jeremy R . Hojnicki
Attorneys for Petitioners
McGuire woods LLP
77 West Wacker, Suite 4100
Chicago, Illinois 60601
CERTIFICATE OF SERVICE
The undersigned, one of the attorneys for Petitioners, hereby certifies that I served a copy of the attached
documents, Ameren's Supplemental Post-Hearing Comments and Motion for Leave to File Instanter Supplemental
Post-Hearing Comments, upon those listed below on September 26, 2006 via First Class United States Mail, postage
prepaid .
To :
John J. Kim, Managing Attorney
Charles E . Matoesian, Assistant Counsel
Gina Roccaforte, Assistant Counsel
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Post Office Box 19276
Springfield, IL 62794-9276
Marie E
. Tipsord, Hearing Officer
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, IL 60601
Bill S . Forcade
Katherine Rahill
Jenner & Block LLP
One IBM Plaza
Chicago, IL 60611
Bruce Nilles
Sierra Club
214 N . Henry Street, Suite 203
Madison, WI 53703
William A . Murray
Special Assistant Corporation Counsel
Office of Public Utilities
800 East Monroe
Springfield, IL 62757
Faith E . Bugel
Howard A. Learner
Meleah Geertsma
Environmental Law and Policy Center
35 East W acker Drive, Suite 1300
Chicago, IL 60601
S
. David Farris
Manager, Environmental, Health and Safety
Office of Public Utilities, City of Springfield
201 East Lake Shore Drive
Springfield, IL 62757
Dianna Tickner
Prairie State Generating Co
., LLC
701 Market Street, Suite 781
St
. Louis, MO 63101
Ms . Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Mr . Keith Harley
Chicago Legal Clinic, Inc.
205 West Monroe, 4" Floor
Chicago, IL 60606
Kathleen C . Bassi
Sheldon A . Zabel
Stephen J. Bonebrake
Joshua R . More
Glenna L . Gilbert
Schiff Hardin LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, IL 60606
Christopher W . Newcomb
Karaganis, White & Mage, Ltd .
414 North Orleans St., Suite 810
Chicago, IL 60610
N . LaDonna Driver
Katherine D . Hodge
Hodge Dwyer Zeman
3150 Roland Ave ., P .O. Box 5776
Springfield, IL 62705-5776
James W
. Ingram
Senior Corporate Counsel
Dynegy Midwest Generation, Inc .
1000 Louisiana, Suite 5800
Houston, TX 77002
Daniel McDevitt
Midwest Generation
440 South LaSalle Street, Suite 3500
Chicago, IL 60605
James T
. Harrington
David L. Rieser
Jeremy R. Hojnicki
McGuireWoods LLP
77 West Wacker, Suite 4100
Chicago, Illinois 60601
Telephone : 312/849-8 100
