BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
1
1
NOX EMISSIONS FROM STATIONARY
)
R07-18
RECIPROCATING INTERNAL COMBUSTION
)
(Rulemaking
-
Air)
ENGINES AND TURBINES:
1
AMENDMENTS TO 35 1LL.ADM.CODE
)
SECTION 201.146 AND PARTS 211 AND 217.
)
NOTICE OF FILING
To:
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
James
R. Thompson Center
Suite 1 1-500
100 West Randolph
Chicago, Illinois 6060 1
Persons included on the
ATTACHED SERVICE LIST
PLEASE TAKE NOTICE that we have today filed with the Office of the Clerk of the
Pollution Control Board
THE PIPELINE CONSORTIUM'S COMMENTS.
Dated: July 5,2007
Renee Cipriano
Kathleen C. Bassi
Stephen J. Bonebrake
Joshua R. More
SCHIFF
HARDIN, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
3 12-258-5500
Fax: 3 12-258-5600
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER
OF:
1
)
NOX EMISSIONS FROM STATIONARY
)
R07-18
RECIPROCATING INTERNAL COMBUSTION
)
(Rulemaking
-
Air)
ENGINES AND TURBINES:
)
AMENDMENTS TO 35 1LL.ADM.CODE
1
SECTION201.146ANDPARTS211AND217.
)
THE PIPELINE CONSORTIUM'S COMMENTS
NOW COME ANR PIPELINE COMPANY, NATURAL GAS PIPELINE COMPANY,
TRUNKLINE GAS COMPANY, LLC and PANHANDLE EASTERN PIPE LINE COMPANY
LP (collectively "the Pipeline Consortium"), by and through their attorneys, SCHIFF
HARDIN
LLP, and, pursuant to 3 5 111.Adm.Code
8
102.108 and Section 28.5(1) of the Environmental
Protection Act, 4 15 ILCS
5/28.5(1), offer these comments for the Board's consideration with
respect to the above-captioned rulemaking.
As clarified at the June
19,2007, hearing in this matter (See Transcript, p. 41 (June 19,
2007)), the Pipeline Consortium does not object to the proposal under consideration by the Board
in this rulemaking. The Pipeline Consortium set aside its objection to the proposal proceeding
under 4 1
5 ILCS 5/28.5 because the Board bifurcated the rule. The Pipeline Consortium's
objection was based on the fact that the Phase
I1 NOx SIP Call, 69 Fed. Reg. 21 604 (April 21,
2004), does not require the State of Illinois to promulgate rules to regulate emissions of nitrogen
oxides
("NOx") from the units subject to the proposal. Rather, the Phase I1 NOx SIP Call
mandates reduction of emissions by identifying a
NOx reduction obligation for Illinois. 69 Fed.
Reg.
2 1604,2 1605 (April 2 1,2004); 63 Fed. Reg. 57356, 57405 (October 27, 1998); Transcript,
p.
15 (May 21,2007). Although the Agency chose to achieve the required reductions through
the control of the units subject to this proposal, the regulation of these units is not required to
comply with the Phase
I1 NOx SIP Call (Transcript, p. 15 (May 21,2007)), and not properly
subject to fast track rulemaking.
Nevertheless, representatives of the Pipeline Consortium worked with the Illinois
Environmental Protection Agency ("Agency") in the development of the rule, and it is consistent
with the principles included in the U.S. Environmental Protection Agency's ("USEPA") Phase
I1
NOx SIP Call (69 Fed. Reg. 21604 (April 21,2004)). Moreover, the Pipeline Consortium has
been proactive in complying with the rule even prior to its adoption by the Board. Written
Testimony of James McCarthy, p. 6.
In his written testimony, James McCarthy, on behalf of the Pipeline Consortium, noted
several issues with the Agency's proposal, including information included in the Technical
Support Document submitted to the Board with the Agency's initial filing in this matter.
Principle among these issues was that the proposal before the Board requires annual compliance
with the rule. Annual compliance is outside the scope of the Phase
I1 NOx SIP Call and does
impose an additional burden upon the regulated companies in terms both of additional
recordkeeping and reporting and of exposure to enforcement. Written Testimony of James
McCarthy, p.
7; Transcript, p. 17 (June 19,2007). As Mr. McCarthy noted in response to Mr.
Melas' questions, the period of heaviest work for the Pipeline Consortium's engines is typically
during the winter months. Transcript, p. 41 (June 19,2007). Though none of the companies
comprising the Pipeline Consortium anticipate compliance difficulties, it is, nevertheless, the
obvious case that heavier usage of the engines presents a higher possibility for noncompliance
-
during a time period outside of the timeframe of the ozone season, the ostensible reason for the
rulemaking in the first place.
To reiterate, the Pipeline Consortium does not object to the adoption of this rule in the
form presently under consideration by the Board and will continue to proactively comply with
the rule despite the current status of the rule and the delayed compliance date.
Furthermore, the Pipeline Consortium has reviewed the Agency's comments to the
proposed rule relative to typographical errors that require correction. With the additional
correction of the following in Section 2
17.394(a)(2)
(i.
e., deletion of the first comma and the
phrase "whichever is later" since multiple dates do not apply in this rulemaking), the Pipeline
Consortium agrees with the proposed corrections: "Within the first 876 hours of operation per
calendar
year-
is
!ate
'
7
9
Respectfully submitted,
ANR PIPELINE COMPANY, NATURAL GAS
PIPELINE COMPANY, TRUNKLINE GAS
COMPANY, LLC and PANHANDLE EASTERN PIPE
LINE COMPANY, LP
by:
Dated: July 5,2007
Renee Cipriano
Kathleen
C. Bassi
Stephen J. Bonebrake
Joshua R. More
SCHIFF
HARDIN, LLP
6600 Sears Tower
23 3 South Wacker Drive
Chicago, Illinois 60606
3 12-258-5500
Fax: 3 12-258-5600
CERTIFICATE OF SERVICE
I, the undersigned, certify that on this 5" day of July, 2007, I have served electronically
the attached
PIPELINE CONSORTIUM'S COMMENTS
upon the following persons:
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
James
R. Thompson Center
Suite
1 1 -5 00
100 West Randolph
Chicago, Illinois 6060
1
and by first class mail, postage affixed upon persons included on the
ATTACHED SERVICE
LIST.
Renee Cipriano
Kathleen C. Bassi
Stephen J. Bonebrake
Joshua
R. More
SCHIFF
HARDIN, LLP
6600 Sears Tower
23 3 South Wacker Drive
Chicago, Illinois 60606
3 12-258-5500
Fax:
3 12-258-5600
SERVICE LIST
Timothy Fox
Hearing Officer
ILLINOIS POLLUTION CONTROL BOARD
100 West Randolph, Suite 1 1-500
Chicago, Illinois 6060 1
foxt@,ipcb.state.il.us
Katherine D. Hodge
N.
LaDonna Driver
Gale W. Newton
HODGE DWYER ZEMAN
3
1 5 0 Roland Avenue
P.O. Box 5776
Springfield, Illinois 62705-5776
John Kim
Rachel Doctors
Robb H. Layman
Division of Legal Counsel
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
102 1 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
j 0hn.i .kim@,illinois.aov
rachel .doctors~,illinois.
gov
robb.la~man@,illinois.gov
William Richardson, Chief Legal Counsel
Virginia I Yang, Deputy Counsel
ILLINOIS DEPARTMENT OF NATURAL
RESOURCES
One Natural Resources Way
Springfield, Illinois 67202- 127 1
bill.richardson@,illinois
.gov
virginia.yang@,illinois.g;ov