BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

)

PROPOSED NEW CAIR SO

2

, CAIR NO

X

)

ANNUAL AND CAIR NO

X

OZONE SEASON

)

R06-26

TRADING PROGRAMS, 35 ILL. ADM.

)

(Rulemaking- Air)

CODE 225, CONTROL OF EMISSIONS

)

FROM LARGE COMBUSTION SOURCES,

)

SUBPARTS A, C, D and E

)

NOTICE

TO: Dorothy Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph, Suite 11-500

Chicago, Illinois 60601-3218

SEE ATTACHED SERVICE LIST

PLEASE TAKE NOTICE that I have today filed with the Office of the Pollution Control

Board a MOTION FOR LEAVE TO FILE INSTANTER and REVISED JOINT COMMENT, a

copy of which is herewith served upon you.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By: ______________________

John J. Kim

Managing Attorney

Air Regulatory Unit

Division of Legal Counsel

DATED: January 10, 2007

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

THIS FILING IS SUBMITTED

217.782.5544

ON RECYCLED PAPER

217.782.9143 (TDD)

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 10, 2007

* * * * * PC #11 * * * * *

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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

)

PROPOSED NEW CAIR SO

2

, CAIR NO

X

)

ANNUAL AND CAIR NO

X

OZONE SEASON )

R06-26

TRADING PROGRAMS, 35 ILL. ADM.

)

(Rulemaking – Air)

CODE 225, CONTROL OF EMISSIONS

)

FROM LARGE COMBUSTION SOURCES

)

SUBPARTS A, C, D and E

)

MOTION FOR LEAVE TO FILE INSTANTER REVISED JOINT COMMENT

NOW COMES the ILLINOIS ENVIRONMENTAL PROTECTION AGENCY (“Illinois

EPA”), by one of its attorneys, and pursuant to 35 Ill. Adm. Code 101.500, moves that the

Illinois Pollution Control Board (“Board”) grant the Illinois EPA leave to file instanter a Revised

Joint Comment. In support of its Motion, the Illinois EPA states as follows:

On January 5, 2007, Illinois EPA and Midwest Generation EME, LLC (“MWGen”), filed

a Joint Comment in this proceeding. The Joint Comment set forth the background and substance

of a new proposed Subpart F to be included with this pending rulemaking. However, due to

logistical restraints and the desire to meet the January 5, 2007 filing deadline for post-hearing

written comments, Illinois EPA and MWGen were not able to complete discussions on one last

issue related to the understanding of those parties.

Specifically, the proposed language in new Subpart F did not include specific deadlines

and milestones related to the option of shutting down or installing new control equipment at

certain facilities in the State. Following further discussions held on and after the January 5, 2007

filing deadline, Illinois EPA and MWGen now have reached agreement as to the content and

form of such provisions. Therefore, Illinois EPA and MWGen are now submitting the revised

language of new Subpart F with the Revised Joint Comment being filed concurrently with this

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 10, 2007

* * * * * PC #11 * * * * *

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Motion.

In the Revised Joint Comment, Illinois EPA and MWGen request that the Board

incorporate the revised language with the remainder of new Subpart F and include that revised

new Subpart with the rulemaking in the Board’s First Notice. The delay between the deadline of

January 5, 2007, and the filing date of this Motion is not so long as to create any prejudice on the

part of any affected party, but the failure of the Board to accept and consider this revised

language would result in a new Subpart F that would be missing certain key elements.

The Illinois EPA regrets that the revised language that is the subject of the Revised Joint

Comment was not submitted in a timely fashion, and asks that the Board take into account the

relatively short period of time that has transpired since the filing deadline.

WHEREFORE, for the reasons set forth above, the Illinois EPA respectfully moves that

the Board grant leave to file instanter the Revised Joint Comment.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:

__________________

John J. Kim

Managing Attorney

Air Regulatory Unit

Division of Legal Counsel

DATED: January 10, 2007

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

217.782.5544

217.782.9807 (fax)

2

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 10, 2007

* * * * * PC #11 * * * * *

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

)

PROPOSED NEW CAIR SO

2

, CAIR NO

X

)

ANNUAL AND CAIR NO

X

OZONE SEASON )

R06-26

TRADING PROGRAMS, 35 ILL. ADM.

)

(Rulemaking – Air)

CODE 225, CONTROL OF EMISSIONS

)

FROM LARGE COMBUSTION SOURCES

)

SUBPARTS A, C, D and E

)

REVISED JOINT COMMENT

NOW COME Midwest Generation EME, LLC (“MWGen”) and the Illinois

Environmental Protection Agency (“Illinois EPA”), by and through their respective attorneys,

and state as follows:

On January 5, 2007, MWGen and Illinois EPA submitted a Joint Comment to the Illinois

Pollution Control Board (“Board”). The Joint Comment included a new Subpart F proposed for

inclusion within this pending rulemaking. The comments and information contained within the

Joint Comment are incorporated into this Revised Joint Comment.

The Joint Comment set forth the background and substance of a new proposed Subpart F

to be included with this pending rulemaking. However, due to logistical restraints and the desire

to meet the January 5, 2007 filing deadline for post-hearing written comments, Illinois EPA and

MWGen were not able to complete discussions on one last issue related to the understanding of

those parties.

Specifically, the proposed language in new Subpart F did not include specific deadlines

and milestones related to the option of shutting down or installing new control equipment at

certain facilities in the State. Following further discussions held on and after the January 5, 2007

filing deadline, Illinois EPA and MWGen now have reached agreement as to the content and

form of such provisions. Therefore, Illinois EPA and MWGen are now submitting the revised

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 10, 2007

* * * * * PC #11 * * * * *

---

language of new Subpart F with this Revised Joint Comment. The language of new Subpart F is

the same as that submitted with the Joint Comment, with the noted exceptions. That language

more clearly sets forth the milestones, options and deadlines that are applicable for the Specified

Electric Generating Units (“EGUs”) referenced in the rule; accordingly, this language will clarify

obligations imposed upon an owner or operator of a Specified EGU.

Illinois EPA and MWGen request that the Board incorporate the revised language with

the remainder of new Subpart F and include that revised new Subpart with the rulemaking in the

Board’s First Notice. The failure of the Board to accept and consider this revised language

would result in a new Subpart F that would be missing certain key elements.

For all of the foregoing reasons, MWGen and the Illinois EPA request that the PCB

include the proposed Subpart F for consideration in and as a part of the CAIR rulemaking.

Dated: January 10, 2007.

Respectfully submitted,

MIDWEST GENERATION EME LLC

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY

By:

/s/ Karl A. Karg

By: /s/ John J. Kim

One of its Attorneys

One of its Attorneys

Karl A. Karg

John J. Kim, Managing Attorney

Cary R. Perlman

Rachel L. Doctors, Assistant Counsel

Andrea Hogan

Attorneys for Petitioners

Division of Legal Counsel

Latham & Watkins, LLP

Illinois Environmental Protection Agency

233 South Wacker Drive

1021 North Grand Avenue East

5800 Sears Tower

Post Office Box 19276

Chicago, Illinois 60606

Springfield, Illinois 62794-9276

2

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 10, 2007

* * * * * PC #11 * * * * *

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1

1

2

SUBPART F: COMBINED POLLUTANT STANDARDS

3

Section 225.600

4

Purpose

5

6

The purpose of this Subpart F is to allow an alternate means of compliance with the emissions

7

standards for mercury in Section 225.230(a) for Specified EGUs through permanent shut-down,

8

installation of ACI, and the application of pollution control technology for NO

x

, PM, and SO

2

9

emissions that also reduce mercury emissions as a co-benefit and to establish permanent

10

emissions standards for those Specified EGUs. Unless otherwise provided for in this Subpart F,

11

owners and operators of those Specified EGUs are not excused from compliance with other

12

applicable requirements of Subparts B, C, D, and E.

13

Section 225.605

14

Applicability

15

a)

16

As an alternative to compliance with the emissions standards of Section

17

225.230(a), the owner or operator of specified EGUs in this Subpart F located at

18

Fisk, Crawford, Joliet, Powerton, Waukegan, and Will County power plants may

19

elect for all of those EGUs as a group to demonstrate compliance pursuant to this

20

Subpart F, which establishes control requirements and emissions standards for

21

NO

x

, PM, SO

2

, and mercury. For this purpose, ownership of a Specified EGU is

22

determined based on direct ownership, by holding a majority interest in a

23

company that owns the EGU or EGUs, or by the common ownership of the

24

company that owns the EGU, whether through a parent-subsidiary relationship, as

25

a sister corporation, or as an affiliated corporation with the same parent

26

corporation, provided that the owner or operator has the right or authority to

27

submit a CAAPP application on behalf of the EGU.

28

b)

29

A Specified EGU is a coal-fired EGU listed in Appendix A, irrespective of any

30

subsequent changes in ownership of the EGU or power plant, changes in the

31

operator, unit designation, or name of unit.

32

c)

33

The owner or operator of each of the Specified EGUs electing to demonstrate

34

compliance with Section 225.230(a) pursuant to this Subpart must submit an

35

application for a CAAPP permit modification to the Agency, as provided for in

36

Section 225.220, that includes the information specified in Section 225.610 that

37

clearly states the owner’s or operator’s election to demonstrate compliance with

38

Section 225.230(a) pursuant to this Subpart F.

39

d)

40

If an owner or operator of one or more Specified EGUs elects to demonstrate

41

compliance with Section 225.230(a) pursuant to this Subpart F, then all Specified

42

EGUs owned or operated in Illinois by the owner or operator as of December 31,

43

2006, as defined in subsection (a) of this Section, are thereafter subject to the

44

standards and control requirements of this Subpart F. Such EGUs are referred to

45

as a Combined Pollutant Standard (“CPS”) group.

46

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 10, 2007

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2

e)

47

If an EGU is subject to the requirements of this Section, then the requirements

48

apply to all owners and operators of the EGU, and to the CAIR designated

49

representative for the EGU.

50

Section 225.610

51

Notice of Intent

52

53

The owner or operator of one or more Specified EGUs that intends to comply with Section

54

225.230(a) by means of this Subpart F must notify the Agency of its intention on or before

55

December 31, 2007. The following information must accompany the notification:

56

a)

57

The identification of each EGU that will be complying with Section 225.230(a)

58

pursuant to this Subpart F, with evidence that the owner or operator has identified

59

all Specified EGUs that it owned or operated in Illinois as of December 31, 2006,

60

and which commenced commercial operation on or before December 31, 2004;

61

b)

62

If an EGU identified in subsection (a) of this Section is also owned or operated by

63

a person different than the owner or operator submitting the notice of intent, a

64

demonstration that the submitter has the right to commit the EGU or authorization

65

from the responsible official for the EGU submitting the application; and

66

c)

67

A summary of the current control devices installed and operating on each EGU

68

and identification of the additional control devices that will likely be needed for

69

each EGU to comply with emission control requirements of this Subpart F.

70

Section 225.615

71

Control Technology Requirements and Emissions Standards for Mercury

72

a)

73

Control Technology Requirements for Mercury.

74

1)

75

For each EGU in a CPS group other than an EGU that is addressed by

76

subsection (b) of this Section, the owner or operator of the EGU must

77

install, if not already installed, and properly operate and maintain, by the

78

dates set forth in subsection (a)(2) of this Section, ACI equipment

79

complying with subsections (g), (h), (i), (j), and (k) of this Section, as

80

applicable.

81

2)

82

By the following dates, for the EGUs listed below, which include hot and

83

cold side ESPs, the owner or operator must install, if not already installed,

84

begin operating ACI equipment or the Agency must be given written

85

notice that the EGU will be shutdown on or before the dates below:

86

A)

87

Fisk 19, Crawford 7, Crawford 8, Waukegan 7, and Waukegan 8

88

on or before July 1, 2008; and

89

B)

Powerton 51, Powerton 52, Powerton 61

90

, Powerton 62, Will

County 3, Will County 4, Joliet 671,

Joliet 72, Joliet 781, Joliet 82,

91

and Joliet 85

92

on or before July 1, 2009.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 10, 2007

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3

93

b)

94

Notwithstanding subsection (a) of this Section, the following EGUs are not

95

required to install ACI equipment because they will be permanently shut-down, as

96

addressed by Section 225.630, by the date specified:

97

1)

98

EGUs that are required to permanently shut-down:

99

A)

100

On or before December 31, 2007, Waukegan 617; and

101

B)

102

On or before December 31, 2010, Will County 1 and Will County

103

2.

104

2)

105

Any other Specified EGU that is permanently shut down by December 31,

106

2010.

107

c)

108

Beginning on January 1, 2015, and continuing thereafter, and measured on a

109

rolling 12-month basis (the initial period is January 1, 2015, through December

110

31, 2015, and, then, for every 12-month period thereafter), each Specified EGU,

111

except Will County 3, shall achieve one of the following emissions standards:

112

1)

113

An emissions standard of 0.0080 lbs mercury/GWh gross electrical output;

114

or

115

2)

116

A minimum 90 percent reduction of input mercury.

117

d)

118

Beginning on January 1, 2016, and continuing thereafter, Will County 3 shall

119

achieve the mercury emissions standards of subsection (c) of this Section

120

measured on a rolling 12-month basis (the initial period is January 1, 2016,

121

through December 31, 2016, and, then, for every 12-month period thereafter).

122

e)

123

At any time prior to the dates required for compliance in subsections (c) and (d)

124

of this Section, the owner or operator of a Specified EGU, upon notice to the

125

Agency, may elect to comply with the emissions standards of subsection (c) of

126

this Section measured on a rolling 12-month basis for one or more EGUs. Once

127

an EGU is subject to the mercury emissions standards of subsection (c) of this

128

Section, it shall not be subject to the requirements of subsections (g), (h), (i), (j)

129

and (k) of this Section.

130

f)

131

Compliance with the mercury emissions standards or reduction requirement of

132

this Section must be calculated in accordance with Section 225.230(a) or (b).

133

g)

134

For each EGU for which injection of halogenated activated carbon is required by

135

subsection (a)(1) of this Section, the owner or operator of the EGU must inject

136

halogenated activated carbon in an optimum manner, which, except as provided in

137

subsection (h) of this Section, is defined as all of the following:

138

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 10, 2007

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4

1)

139

The use of an injection system for effective absorption of mercury,

140

considering the configuration of the EGU and its ductwork;

141

2)

142

The injection of halogenated activated carbon manufactured by Alstom,

143

Norit, or Sorbent Technologies, or the injection of any other halogenated

144

activated carbon or sorbent that the owner or operator of the EGU has

145

demonstrated to have similar or better effectiveness for control of mercury

146

emissions; and

147

3)

148

The injection of sorbent at the following minimum rates, as applicable:

149

A)

150

For an EGU firing subbituminous coal, 5.0 lbs per million actual

151

cubic feet or, for any cyclone-fired EGU that will install a scrubber

152

and baghouse by December 31, 2012, and which already meets an

153

emission rate of 0.020 lb mercury/GWh gross electrical output or

154

at least 75 percent reduction of input mercury, 2.5 lbs million

155

actual cubic feet;

156

B)

157

For an EGU firing bituminous coal, 10.0 lbs per million actual

158

cubic feet or, for any cyclone-fired EGU that will install a scrubber

159

and baghouse by December 31, 2012, and which already meets an

160

emission rate of 0.020 lb mercury/GWh gross electrical output or

161

at least 75 percent reduction of input mercury, 5.0 lbs million

162

actual cubic feet;

163

C)

164

For an EGU firing a blend of subbituminous and bituminous coal,

165

a rate that is the weighted average of the above rates, based on the

166

blend of coal being fired; or

167

D)

168

A rate or rates set lower by the Agency, in writing, than the rate

169

specified in any of subsections (g)(3)(A), (g)(3)(B), or (g)(3)(C) of

170

this Section on a unit-specific basis, provided that the owner or

171

operator of the EGU has demonstrated that such rate or rates are

172

needed so that carbon injection will not increase particulate matter

173

emissions or opacity so as to threaten noncompliance with

174

applicable requirements or particulate matter or opacity.

175

4)

176

For purposes of subsection (g)(3) of this Section, the flue gas flow rate

177

must be determined for the point sorbent injection; provided that this flow

178

rate may be assumed to be identical to the stack flow rate if the gas

179

temperatures at the point of injection and the stack are normally within

180

100º F, or the flue gas flow rate may otherwise be calculated from the

181

stack flow rate, corrected for the difference in gas temperatures.

182

h)

183

The owner or operator of an EGU that seeks to operate an EGU with an activated

184

carbon injection rate or rates that are set on a unit-specific basis pursuant to

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 10, 2007

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5

185

subsection (g)(3)(D) of this Section must submit an application to the Agency

186

proposing such rate or rates, and must meet the requirements of subsections (h)(1)

187

and (h)(2) of this Section, subject to the limitations of subsections (h)(3) and

188

(h)(4) of this Section:

189

1)

190

The application must be submitted as an application for a new or revised

191

federally enforceable operation permit for the EGU, and it must include a

192

summary of relevant mercury emissions data for the EGU, the unit-

193

specific injection rate or rates that are proposed, and detailed information

194

to support the proposed injection rate or rates; and

195

2)

196

This application must be submitted no later than the date that activated

197

carbon must first be injected. For example, the owner or operator of an

198

EGU that must inject activated carbon pursuant to subsection (a)(1) of this

199

Section must apply for unit-specific injection rate or rates by July 1, 2008.

200

Thereafter, the owner or operator may supplement its application; and

201

3)

202

Any decision of the Agency denying a permit or granting a permit with

203

conditions that set a lower inject rate or rates may be appealed to the

204

Board pursuant to Section 39 of the Act.

205

4)

206

The owner or operator of an EGU may operate at the injection rate or rates

207

proposed in its application until a final decision is made on the application

208

including a final decision on any appeal to the Board.

209

i)

210

During any evaluation of the effectiveness of a listed sorbent, alternative sorbent,

211

or other technique to control mercury emissions, the owner or operator of an EGU

212

need not comply with the requirements of subsection (g) of this Section for any

213

system needed to carry out the evaluation, as further provided as follows:

214

1)

215

The owner or operator of the EGU must conduct the evaluation in

216

accordance with a formal evaluation program submitted to the Agency at

217

least 30 days prior to commencement of the evaluation;

218

2)

219

The duration and scope of the evaluation may not exceed the duration and

220

scope reasonably needed to complete the desired evaluation of the

221

alternative control techniques, as initially addressed by the owner or

222

operator in a support document submitted with the evaluation program;

223

and

224

3)

225

The owner or operator of the EGU must submit a report to the Agency no

226

later 30 days after the conclusion of the evaluation that describes the

227

evaluation conducted and which provides the results of the evaluation; and

228

4)

229

If the evaluation of the alternative control techniques shows less effective

230

control of mercury emissions from the EGU than was achieved with the

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 10, 2007

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6

231

principal control techniques, the owner or operator of the EGU must

232

resume use of the principal control techniques. If the evaluation of the

233

alternative control technique shows comparable effectiveness to the

234

principal control technique, the owner or operator of the EGU may either

235

continue to use the alternative control technique in a manner that is at least

236

as effective as the principal control technique or it may resume use of the

237

principal control techniques. If the evaluation of the control techniques

238

shows more effective control of mercury emissions than the control

239

technique, the owner or operator of the EGU must continue to use the

240

alternative control technique in a manner that is more effective than the

241

principal control technique, so long as it continues to be subject to this

242

Section 225.615.

243

j)

244

In addition to complying with the applicable recordkeeping and monitoring

245

requirements in Sections 225.240 through 225.290, the owner or operator of an

246

EGU that elects to comply with Section 225.230(a) by means of this Subpart F

247

must also comply with the following additional requirements:

248

1)

249

For the first 36 months that injection of sorbent is required, it must

250

maintain records of the usage of sorbent, the exhaust gas flow rate from

251

the EGU, and the sorbent feed rate, in pounds per million actual cubic feet

252

of exhaust gas at the injection point, on a weekly average;

253

2)

254

After the first 36 months that injection of sorbent is required, it must

255

monitor activated sorbent feed rate to the EGU, flue gas temperature at the

256

point sorbent injection, and exhaust gas flow rate from the EGU,

257

automatically recording this data and the sorbent carbon feed rate, in

258

pounds per million actual cubic feet of exhaust gas at the injection point,

259

on an hourly average; and

260

3)

261

If a blend of bituminous and subbituminous coal is fired in the EGU, it

262

must keep records of the amount of each type of coal burned and the

263

required injection rate for injection of activated carbon, on a weekly basis.

264

k)

265

In addition to complying with the applicable reporting requirements in Sections

266

225.240 through 225.290, the owner or operator of an EGU that elects to comply

267

with Section 225.230(a) by means of this Subpart F must also submit quarterly

268

reports for the recordkeeping and monitoring conducted pursuant to subsection (j)

269

of this Section.

270

Section 225.620

271

Emissions Standards for NO

x

and SO

2

272

a)

273

Emissions Standards for NO

x

and Reporting Requirements.

274

1)

275

Beginning with calendar year 2012 and continuing in each calendar year

276

thereafter, the CPS group, which includes all Specified EGUs that have

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 10, 2007

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7

277

not been permanently shut-down by December 31 before the applicable

278

calendar year, must comply with a CPS group average annual NO

x

279

emissions rate of no more than 0.11 lbs/mmBtu.

280

2)

281

Beginning with ozone season control period 2012 and continuing in each

282

ozone season control period (May 1 through September 30) thereafter, the

283

CPS group, which includes all Specified EGUs that have not been

284

permanently shut-down by December 31 before the applicable ozone

285

season, must comply with a CPS group average ozone season NO

x

286

emissions rate of no more than 0.11 lbs/mmBtu.

287

3)

288

The owner or operator of the Specified EGUs in the CPS group must file

289

not later than one year after startup of any selective SNCR on such EGU, a

290

report with the Agency describing the NO

x

emissions reductions that the

291

SNCR has been able to achieve.

292

b)

293

Emissions Standards for SO

2

. Beginning in calendar year 2013 and continuing in

294

each calendar year thereafter, the CPS group must comply with the applicable

295

CPS group average annual SO

2

emissions rate listed below:

296

297

year

lbs/mmBtu

298

299

2013

0.44

300

2014

0.41

301

2015

0.28

302

2016

0.195

303

2017

0.15

304

2018

0.13

305

2019

0.11

306

c)

307

Compliance with the NO

x

and SO

2

emissions standards must be demonstrated in

308

accordance with Sections 225.310, 225.410, and 225.510. The owner or operator

309

of the Specified EGUs must complete the demonstration of compliance pursuant

310

to Section 225.635(c) before March 1 of the following year for annual standards

311

and before November 30 of the particular year for ozone season control periods

312

(May 1 through September 30) standards, by which date a compliance report must

313

be submitted to the Agency.

314

d)

315

The CPS group average annual SO

2

emission rate, annual NO

x

emission rate and

316

ozone season NO

x

emission rates shall be determined as follows:

317

n

n

318

ER

avg

=

Σ

(SO

2i

or NO

xi

tons)

∕

Σ

(HI

i

)

319

i=1

i=1

320

321

Where:

322

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8

ER

avg

=

323

average annual or ozone season emission

324

rate in lbs/mmBbtu of all EGUs in the CPS

325

group.

HI

i

=

326

heat input for the annual or ozone control

327

period of each EGU, in mmBtu.

SO

2i

=

328

actual annual SO

2

tons of each EGU in the

329

CPS group.

NO

xi

=

330

actual annual or ozone season NO

x

tons of

331

each EGU in the CPS group.

n

=

332

number of EGUs that are in the CPS group

i

=

333

each EGU in the CPS group.

334

Section 225.625

335

Control Technology Requirements for NO

x

, SO

2

, and PM Emissions

336

a)

Control Technology Requirements for NO

x

and SO

2

. The owner or operator must

337

either permanently shut down or install and properly operate SNCR or other

338

equipment capable of delivering essentially equivalent emissions reductions

339

(“specified NO

x

control equipment”) on the listed EGUs according to the

340

schedule below:

341

342

1)

On before December 31, 2013, the owner or operator must either

343

permanently shutdown or install and have operational FGD equipment on

344

Waukegan 7:

345

346

2)

On before December 31, 2014, the owner or operator must either

347

permanently shutdown or install and have operational FGD equipment on

348

Waukegan 8;

349

350

3)

On before December 31, 2013, the owner or operator must either

351

permanently shutdown or install and have operational FGD equipment on

352

Fisk 19:

353

354

4)

If Crawford 7 will be operated after December 31, 2018, and not

355

permanently shutdown

Permanently shut down Crawford 7 on or before

356

December 31, 2018by this date, the owner or operator mustor install and

357

properly operate the specified NO

x

control equipment on this EGU by

358

December 31, 2015

359

360

A)

On or before December 31, 2015, install and have operational

361

SNCR or equipment capable of delivering essentially equivalent

362

NO

x

reductions on Crawford 7; and

363

364

B)

On or before December 31, 2018, install and have operational FGD

365

equipment on Crawford 7;

366

367

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5)

If Crawford 8 will be operated after December 31, 2017 and not

368

permanently shutdown by this date, the owner or operator must:

369

370

A)

On or before December 31, 2015, install and have operational

371

SNCR or equipment capable of delivering essentially equivalent

372

NO

x

emissions reductions on Crawford 8; and

373

374

B)

On or before December 31, 2017, install and have operational FGD

375

equipment on Crawford 8.

376

377

2)

Permanently shut down Crawford 8 on or before December 31, 2017, or

378

install and properly operate the specified NO

x

control equipment on this

379

EGU by December 31, 2015.

380

381

b)

Other Control Technology Requirements for SO

2

. On or before December 31,

382

2018, the oO

wners or operators of Specified EGUs must either permanently shut

-

383

down or install FGD equipment on eachfor the Specified EGU

s (except Joliet 5),

384

on or before December 31, 2018, unless an earlier date is specified in subsection

385

(a) of this Sectionat the Crawford, Fisk, Joliet (except Joliet 5), Powerton,

386

Waukegan, and Will County power plants

387

.

388

c)

389

Control technology requirements for PM. The owner or operator of the two

390

Specified EGUs listed below that are equipped with a hot-side ESP must either

391

replace the hot-side ESPs with a cold-side ESP, install an appropriately designed

392

fabric filter, or permanently shut-down the EGU by the dates specified below.

393

Hot-side ESP means an ESP on a coal-fired boiler that is installed before the

394

boiler's air-preheater where the operating temperature is typically at least 550º F,

395

as distinguished from a cold-side ESP that is installed after the air pre-heater

396

where the operating temperature is typically no more than 350º F.

397

1)

398

Waukegan 7 on or before December 31, 2013; and

399

2)

400

Will County 3 on before December 31, 2015.

401

d)

402

Beginning on December 31, 2008, and annually thereafter up to and including

403

December 31, 2015, the owner or operator of the Fisk power plant must submit in

404

writing to the Agency a report on any technology or equipment designed to affect

405

air quality that has been considered or explored for the Fisk power plant in the

406

preceding 12 months. This report will not obligate the owner or operator to install

407

any equipment described in the report.

408

e)

409

Notwithstanding 35 Ill. Adm. Code 201.146(hhh), until an EGU has complied

410

with the applicable requirements of Sections 225.625(a), (b), and (c), the owner or

411

operator of the EGU must obtain a construction permit for any new or modified

412

air pollution control equipment that it proposes to construct for control of

413

emissions of mercury, NO

x

, PM, or SO

2

.

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10

414

Section 225.630

415

Permanent Shut-Downs

416

a)

417

The owner or operator of the following EGUs must permanently shut-down the

418

EGU by the dates specified:

419

420

1)

Waukegan 617 on or before December 31, 2007; and

421

2)

422

Will County 1 and Will County 2 on or before December 31, 2010.

423

b)

424

No later than 8 months before the date that a Specified EGU will be permanently

425

shut-down, the owner or operator must submit a report to the Agency that

426

includes a description of the actions that have already been taken to allow the

427

shut-down of the EGU and a description of the future actions that must be

428

accomplished to complete the shut-down of the EGU, with the anticipated

429

schedule for those actions and the anticipated date of permanent shut-down of the

430

unit.

431

c)

432

No later than six months before a Specified EGU will be permanently shut-down,

433

the owner or operator shall apply for revisions to the operating permits for the

434

EGU to include provisions that terminate the authorization to operate the unit on

435

that date.

436

d)

437

If after applying for or obtaining a construction permit to install required control

438

equipment, the owner or operator decides to permanently shut-down a Specified

439

EGU rather than install the required control technology, the owner or operator

440

must immediately notify the Agency in writing and thereafter submit the

441

information required by subsections (b) and (c) of this Section.

442

e)

443

Failure to permanently shut-down a Specified EGU by the required date shall be

444

considered separate violations of the applicable emissions standards and control

445

technology requirements of this Subpart F for NO

x

, PM, SO

2

, and mercury.

446

Section 225.635

447

Requirements for CAIR SO

2

, CAIR NO

x

, and CAIR NO

x

Ozone Season

448

Allowances

449

a)

450

The following requirements apply to the owner, the operator and the designated

451

representative with respect to CAIR SO

2

, CAIR NO

x

, and CAIR NO

x

Ozone

452

Season allowances:

453

1)

454

The owner, operator, and CAIR designated representative of Specified

455

EGUs in a CPS group is permitted to sell, trade, or transfer SO

2

and NO

x

456

emissions allowances of any vintage owned, allocated to, or earned by the

457

Specified EGUs (the "CPS Allowances") to its affiliated Homer City,

458

Pennsylvania generating station (“Homer City Station”) for as long as the

459

Homer City Station needs the CPS Allowances for compliance.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 10, 2007

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11

460

2)

461

When and if the Homer City Station no longer requires all of the CPS

462

Allowances, the owner, operator, or CAIR designated representative of

463

Specified EGUs in CPS group may sell any and all remaining CPS

464

Allowances, without restriction, to any person or entity located anywhere,

465

except that the owner or operator may not directly sell, trade, or transfer

466

CPS Allowances to a CAIR NO

x

or CAIR SO

2

unit located in Ohio,

467

Indiana, Illinois, Wisconsin, Michigan, Kentucky, Missouri, Iowa,

468

Minnesota, or Texas.

469

3)

470

In no event shall this subsection (a) require or be interpreted to require any

471

restriction whatsoever on the sale, trade, or exchange of the CPS

472

Allowances by persons or entities who have acquired the CPS Allowances

473

from the owner, operator, or CAIR designated representative of Specified

474

EGUs in a CPS group.

475

b)

476

The owner, operator, and CAIR designated representative of EGUs in a CPS

477

group comprised of is prohibited from purchasing or using CAIR SO

2

, CAIR

478

NO

x

, and CAIR NO

x

Ozone Season allowances for the purposes of meeting the

479

SO

2

and NO

x

emissions standards set forth in Section 225.620.

480

c)

481

Before March 1, 2010, and continuing each year thereafter, the CAIR designated

482

representative of the EGUs in a CPS group must submit a report to the Agency

483

that demonstrates compliance with the requirements of this Section 225.635 for

484

the previous calendar year and ozone season control period (May 1 through

485

September 30), and includes identification of any CAIR allowances that have

486

been used for compliance with the CAIR trading programs as set forth in Subparts

487

C, D, and E, and any CAIR allowances that were sold, gifted, used, exchanged, or

488

traded. A final report must be submitted to the Agency by August 31 of each

489

year, providing either verification that the actions described in the initial report

490

have taken place, or, if such actions have not taken place, an explanation of the

491

changes that have occurred and the reasons for such changes.

492

Section 225.640

493

Clean Air Act Requirements

494

495

The SO

2

emissions rates set forth in this Subpart F shall be deemed to be best available retrofit

496

technology (“BART”) under the Visibility Protection provisions of the CAA, 42 U.S.C. 7491,

497

reasonably available control technology (“RACT”) and reasonably available control measures

498

(“RACM”) for achieving fine particulate matter (“PM

2.5

”) requirements under NAAQS in effect

499

on the effective date of this Subpart F, as required by the CAA, 42 U.S.C. 7502. The Agency

500

may use the SO

2

and NO

x

emissions reductions required under this Subpart F in developing

501

attainment demonstrations and demonstrating reasonable further progress for PM

2.5

and 8 hour

502

ozone standards, as required under the CAA. Furthermore, in developing rules, regulations, or

503

state implementation plans designed to comply with PM

2.5

and 8 hour ozone NAAQS, the

504

Agency, taking into account all emission reduction efforts and other appropriate factors, will use

505

best efforts to seek SO

2

and NO

x

emissions rates from other EGUs that are equal to or less than

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 10, 2007

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12

506

the rates applicable to the CPS Group and will seek SO

2

and NO

x

reductions from other sources

507

before seeking additional emissions reductions from any EGU in the CPS Group.

508

509

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225.Appendix A

509

Specified EGUs for Purposes of Subpart F (Midwest Generation’s Coal-

510

Fired Boilers as of July 1, 2006)

511

Plant

Permit

Boiler

Permit designation

Subpart F

512

Number

Designation

513

514

Crawford

031600AIN

7

Unit 7 Boiler BLR1

Crawford 7

515

8

Unit 8 Boiler BLR2

Crawford 8

516

517

Fisk

031600AMI

19

Unit 19 Boiler BLR19

Fisk 19

518

519

Joliet

197809AAO

71

Unit 7 Boiler BLR71

Joliet 7

520

72

Unit 7 Boiler BLR72

Joliet 7

521

81

Unit 8 Boiler BLR81

Joliet 8

522

82

Unit 8 Boiler BLR82

Joliet 8

523

5

Unit 6 Boiler BLR5

Joliet 6

524

525

Powerton

179801AAA

51

Unit 5 Boiler BLR 51

Powerton 5

526

52

Unit 5 Boiler BLR 52

Powerton 5

527

61

Unit 6 Boiler BLR 61

Powerton 6

528

62

Unit 6 Boiler BLR 62

Powerton 6

529

530

Waukegan

097190AAC

17

Unit 6 Boiler BLR17

Waukegan 6

531

7

Unit 7 Boiler BLR7

Waukegan 7

532

8

Unit 8 Boiler BLR8

Waukegan 8

533

534

Will County 197810AAK

1

Unit 1 Boiler BLR1

Will County 1

535

2

Unit 2 Boiler BLR2

Will County 2

536

3

Unit 3 Boiler BLR3

Will County 3

537

4

Unit 4 Boiler BLR4

Will County 4

538

539

540

541

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