BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MIDWEST GENERATION, LLC
-
FISK GENERATING STATION,
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
1
1
)
PCB
08-
)
(Permit Appeal
-
Air)
1
1
)
)
NOTICE OF FILING
To:
John Therriault, Assistant Clerk
Illinois Environmental Protection Agency
Illinois Pollution Control Board
Division of Legal Counsel
James R. Thompson Center
102 1 North Grand Avenue, East
Suite
1 1-500
P.O. Box 19276
100 West Randolph
Springfield, Illinois 62794-9276
Chicago, Illinois 6060
1
PLEASE TAKE NOTICE that we have today electronically filed with the Office of the
Clerk of the Pollution Control Board
APPEAL OF CONSTRUCTION PERMIT FOR THE
INSTALLATION OF ACTIVATED CARBON INJECTION SYSTEM AND REQUEST
FOR PARTIAL STAY OF THE PERMIT
and APPEARANCES OF SHELDON A.
ZABEL, KATHLEEN C. BASSI, and STEPHEN
J. BONEBRAKE, copies of which are
herewith
seryed upon you.
. /
Dated: August 23,2007
Electronic Filing, Received, Clerk's Office, August 23, 2007
* * * * * PCB 2008-018 * * * * *
Sheldon A. Zabel
Kathleen C. Bassi
Stephen
J. Bonebrake
SCHIFF HARDIN, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
3 12-258-5500
CERTIFICATE OF SERVICE
I, the undersigned, certify that on this 23rd day of August, 2007, I have served
electronically the attached
APPEAL OF CONSTRUCTION PERMIT FOR THE
INSTALLATION OF ACTIVATED CARBON INJECTION SYSTEM AND REQUEST
FOR PARTIAL STAY OF THE PERMIT
and
APPEARANCES OF SHELDON A.
ZABEL, KATHLEEN C. BASSI,
and STEPHEN J. BONEBRAKE,
upon the following
persons:
John Therriault, Assistant Clerk
Illinois Pollution Control Board
James
R. Thompson Center
Suite 1 1-500
100 West Randolph
Chicago, Illinois 6060 1
and by first class mail, postage
affixed, upon:
Illinois Environmental Protection Agency
Division of Legal Counsel
102 1 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
Sheldon A. Zabel
Kathleen C. Bassi
Stephen J. Bonebrake
Andrew N. Sawula
SCHIFF
HARDIN, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
3 12-258-5500
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MIDWEST GENERATION, LLC
-
)
FISK GENERATING STATION,
)
1
Petitioner,
)
)
V.
)
PCB 08-
)
(Permit Appeal
-
Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
1
1
Respondent.
)
APPEARANCE
I, Kathleen C. Bassi, hereby file my appearance in this proceeding on behalf of Petitioner,
Midwest Generation, LLC
-
Fisk Generating Station.
Schiff
Hardin LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
3 12-258-5500
kbassi@,schiffhardin.com
-
Dated: August 23,2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MIDWEST GENERATION, LLC
-
)
FISK GENERATING STATION,
1
)
Petitioner,
)
)
V.
)
PCB 08-
)
(Permit Appeal
-
Air)
ILLINOIS ENVIRONMENTAL
1
PROTECTION AGENCY,
)
)
Respondent.
1
APPEARANCE
I, Stephen J. Bonebrake, hereby file my appearance in this proceeding on behalf of
Petitioner, Midwest Generation, LLC
-
Fisk Generating Station.
~chiff ~ardin LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
3 12-258-5500
Dated: August 23,2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MIDWEST GENERATION, LLC
-
)
FISK GENERATING STATION,
1
)
Petitioner,
)
)
V.
)
PCB 08-
)
(Permit Appeal
-
Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
APPEARANCE
I, Sheldon A. Zabel, hereby file my appearance in this proceeding on behalf of Petitioner,
Midwest Generation, LLC
-
Fisk Generating Station.
Schiff
Hardin LLP
6600 Sears Tower
23
3 South Wacker Drive
Chicago, Illinois 60606
3 12-258-5500
szabel@,schiffhardin. corn
Dated: August 23,2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MIDWEST GENERATION, LLC
-
)
FISK GENERATING STATION,
)
)
Petitioner,
)
1
V.
)
PCB 08-
)
(Permit Appeal
-
Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
1
1
Respondent.
)
APPEAL OF CONSTRUCTION PERMIT FOR THE INSTALLATION OF
ACTIVATED CARBON INJECTION SYSTEM AND
REQUEST FOR PARTIAL STAY OF THE PERMIT
NOW COMES Petitioner, MIDWEST GENERATION, LLC
-
FISK GENERATING
STATION ("Petitioner" or "Midwest Generation"), pursuant to Section
40(a)(l) of the Illinois
Environmental Protection Act ("Act") (41 5 ILCS
5/40(a)(l)) and 35 111.Adm.Code
5
105.200 et
seq., and requests a hearing before the Board to contest the decisions contained in the
construction
issued to Petitioner on July 19,2007, pursuant to Section
39(a) of the Act
(41 5 ILCS
5/39(a)) and 3 5 111.Adm.Code
5
20 1.142 ("the construction permit") and attached
hereto as Exhibit 1. 3 5
111.Adm.Code
5
fj
105.2 1 0(a) and (b). Petitioner received the construction
permit on July 23,2007. See Exhibit 1. Pursuant to Section
39(a) of the Act and 35
11l.Adm.Code
fj
105.206(a), this Petition is timely filed with the Board. In support of its Petition
to appeal the first paragraph of the permit and Conditions 1 (a),
1 (b)(ii), 2(a), 2(a) Note, 4, 5
(except for Conditions
5(b)(ii) and 5(d)), and 6, Petitioner states as follows:
Application No. 07050006.
I. BACKGROUND
(35 111.Adm.Code
5
105.304(a))
1.
The Fisk Generating Station ("Fisk" or the "Station"), Agency
I.D. No.
03
1600AM1, is an electric generating station owned by Midwest Generation, LLC, and operated
by Midwest Generation, LLC
-
Fisk Generating Station. The Fisk electrical generating unit
("EGU") went online in 1959. The Fisk Generating Station is located at 1 1 1 1 West Cermak
Road, Chicago, Cook County, Illinois 60608-4536, within the Chicago ozone and
~~2.5~
nonattainment areas. Fisk is an intermediate load plant and can generate approximately 348
megawatts. Midwest Generation employs approximately 65 people at the Fisk Generating
Station.
2.
Midwest Generation operates a coal-fired boiler ("the boiler" or "Unit 19") and an
auxiliary boiler at Fisk that have the capability to fire at various modes that include the
combination of coal, natural gas,
and/or fuel oil as their principal fuels. In addition, the boiler
fires natural gas or fuel oil as auxiliary fuel during startup and for flame stabilization. Certain
alternative fuels, such as used oils generated on-site, may be utilized as well. Fisk also operates
associated coal handling, coal processing, and ash handling activities. In addition to the boiler,
Fisk operates eight gas- and oil-fired turbines, used during peak demand periods. Finally, there
is a 500-gallon gasoline tank located at Fisk, to provide fuel for Station vehicles.
3.
Relevant to this appeal, PM emissions from the boiler are controlled by an
electrostatic precipitator ("ESP"). The Fisk Station also emits sulfur dioxide, carbon monoxide,
nitrogen oxides, and minimal amounts of volatile organic compounds, all controlled pursuant to
applicable requirements. Emissions of these pollutants are not an issue in this appeal.
*
Particulate matter less than 2.5 microns in aerodynamic diameter
-2-
4.
Fisk is a major source subject to the Clean Air Act Permitting Program
("CAAPP").
4 1 5 ILCS 513 9.5. The Illinois Environmental Protection Agency ("Agency")
issued a CAAPP permit to Midwest Generation for Fisk on September 29,2005. Subsequently,
on November 2,2005, Midwest Generation timely appealed the CAAPP permit for Fisk at PCB
06-057. The Board accepted the appeal for hearing on November 17,2005. On February 16,
2006, the Board found that, pursuant to Section
10-65(b) of the Administrative Procedure Act (5
ILCS 10011
0-65(b)) ("APA") and the holding in Borg- Warner Corp. v. Mauzy, 427 N.E. 2d 4 1 5
(111.App.Ct. 1981), the CAAPP permit is stayed, upon appeal, as a matter of law. Order, Midwest
Generation, LLC, Fisk Generating Station
v. Illinois Environmental Protection Agency, PCB 06-
057 (February 16, 2006), p. 2.
5.
On March 14,2006, the Agency submitted a proposed rulemaking to the Board,
"In the Matter Of: Proposed New 35
111.Adm.Code 225 Control of Emissions from Large
Combustion Sources," docketed at R06-25 ("the mercury rule"). The Board adopted this rule on
December 21,2006. The mercury rule includes some provisions in Subpart A of Part 225 and all
of Subpart B of Part 225.
6.
On May 22,2006, the Agency submitted a proposed rulemaking to the Board, "In
the Matter of: Proposed New CAIR
SOz, CAIR NOx Annual and CAIR NOx Ozone Season
Trading Programs, 35
111.Adm.Code 225, Control of Emissions from Large Combustion Sources,
Subparts A, C, D, and E," docketed at R06-26 ("CAIR"). On January 5,2007, the Agency and
Midwest Generation filed a joint comment in this rulemaking describing an agreement they
reached regarding mercury control and purporting to set forth the substance of their agreement to
add Subpart F to Part 225 ("Subpart
F").~ R06-26, PC
#
9. Subsequently, on January 10,2007,
3
Note that the Board's website docket does not include substantive, regulatory language for Subpart F at
PC
#
9.
the Agency and Midwest Generation filed a joint comment providing the regulatory language for
Subpart F, including amendments to that language. R06-26, PC
#
11. On April 19,2007, the
Board proceeded to First Notice on the CAIR, including Subpart F. On June 25,2007, Midwest
Generation submitted comments on the First Notice CAIR, including requested revisions to
Subpart F. R06-26, PC
#
14. On July 26,2007, the Board ordered the rule to Second Notice,
including Subpart F with minor amendments. R06-26, Board Order (July 26,2007). However,
these rules were not adopted as of the date of issuance of the construction permit, and to date, the
Board has not finally adopted either the proposed amendments to Part 225, Subpart A, or new
Subparts C, D, E, or F.
7.
Prior to final adoption of Subpart F, there are no requirements pursuant to Subpart
F that are applicable to Midwest Generation. Pursuant to 35 111.Adm.Code
8
225.240(b)(l),
Midwest Generation must certify compliance of its mercury monitoring system by January 1,
2009, and it must comply with the mercury emission reduction standards by July 1,2009 (35
111.Adm.Code
tj
225.230(a)(l)). If the Board adopts Subpart F in the Second Notice form and
Midwest Generation chooses to opt in to Subpart
F, it must notify the Agency of its intention by
December 3 1,2007. R06-26, Board Order, p. 130,
$j
225.61 0.
8.
The Agency received Midwest Generation's application for the construction
permit on May 3,2007. Midwest Generation required the construction permit so that it could
install the equipment necessary to store activated carbon and to inject the activated carbon into
the emissions streams of
Fisk's Unit 19 boiler. The construction permit contains conditions that
Midwest Generation believes are incomplete, exceed the scope
of the Agency's authority, or are
otherwise inappropriate, as detailed
infra.
11. EFFECTIVENESS OF THE CONSTRUCTION PERMIT AND
REQUEST FOR PARTIAL STAY
9.
Pursuant to Section
10-65(b) of the Illinois Administrative Procedures Act
("APA"),
5 ILCS 100/10-65, and the holding in
Borg- Warner Corp.
,
the construction permit
issued by the Agency to Fisk is not effective by operation of law until after a ruling by the Board
on the permit appeal and, in the event of a remand, until the Agency has issued the permit
consistent with the Board's order.
See
Order,
Midwest Generation, LLC, Fisk Generating
Station v. Illinois Environmental Protection Agency,
PCB 06-057 (February 26,2006) ("Order
2"). Historically, the Board has granted partial stays in permit appeals where a petitioner has so
requested.
C.J
Order 2 at p. 8, fn 3;
Midwest Generation, LLC, Will County Generating Station
v. Illinois Environmental Protection Agency,
PCB 06-1 56 (July 20,2006) (granted stay of the
effectiveness of contested conditions of a construction permit);
Dynegy Midwest Generation, Inc.
(Vermilion Power Station),
v. Illinois Environmental Protection Agency,
PCB 06-1 94 (October
19,2006) (granted stay "of the portions of the permit Dynegy contests");
Hartford Working
Group v. Illinois Environmental Protection Agency,
PCB 05-74 (November 18,2004) (granted
stay of the effectiveness of Special Condition 2.0 of
an air construction permit);
Community
LandBll Company and City of Morris v. Illinois Environmental Protection Agency,
PCB 0 1-48
and 01 -49 (Consolidated) (October 19,2000) (granted stay of effectiveness of challenged
conditions for two permits of two parcels of the landfill);
Allied Tube
&
Conduit Corp. v. Illinois
Environmental Protection Agency,
PCB 96- 108 (December 7, 1995) (granted stay of the
effectiveness of Conditions
4(a), 5(a), and 7(a) of an air permit).
10.
Midwest Generation will suffer irreparable harm and the environment will not
receive the benefit of the pollution control facilitated by the activated carbon injection ("ACI")
system if Midwest Generation is not allowed to construct and operate the ACI system for Unit 19
at the Fisk Generating Station. Midwest Generation's request for stay of the contested language
would provide the necessary and appropriate authorizations to install and operate the ACI
equipment in a manner to protect the environment while allowing Midwest Generation to pursue
its rights of appeal under Section
40(a) of the Act.
1 1.
Midwest Generation requests in this instance that the Board exercise its inherent
discretionary authority to grant a partial stay of the construction permit, staying only Conditions
or portions of Conditions
1 (b)(ii), 2(a), 2(a) Note, 4, 5(a), 5(b), 5(b)(i), 5(c) and 6, as indicated in
Exhibit 2. In the alternative, if the Board believes that it must stay the entirety of an appealed
condition rather than only portions of the conditions where so indicated in Exhibit 2, Midwest
Generation requests that the entirety of each of the conditions listed above in this paragraph.
111. ISSUES ON APPEAL
(35 I11.Adm.Code
88
105.210(c))
12.
The issues on appeal fall into several categories. The description of the scope of
the permit is incomplete with regard to failure of the permit to explicitly describe the activated
carbon storage and handling system that are part of the request for the construction permit. The
scope of the requirements included in some conditions is inappropriate because they exceed the
scope of the application for the permit. The Agency appears to confuse the scope of this
construction permit with the requirement of a source subject to the mercury rule to apply for an
amendment to its CAAPP permit to incorporate the applicable requirements of the mercury rule.
A third category of issues is the timing of requirements contained in some of the conditions of
the permit. The permit requires instantaneous compliance even though Midwest Generation is
under no obligation to operate the ACI system unless it opts in to the Combined Pollutant
Standards of Subpart F of Part 225, which this permit does not and cannot require it to do.
Another category of issues relates to the actual requirements contained in the conditions; that is,
Electronic Filing, Received, Clerk's Office, August 23, 2007
* * * * * PCB 2008-018 * * * * *
Midwest Generation objects to the inclusion of the requirement at all, rather than merely
requesting that the Agency clarify or refine the condition. The final category of issue on appeal
is relative to CAAPP permitting.
A.
The Description of the Scope of the Permit Is Incomplete
-
First Paragraph and
Condition
l(a).
13.
The description of the scope of the permit contained in the first paragraph of the
permit and in Condition 1 is insufficient because it does not include the activated carbon and
storage system, though subsequent language in the permit implies that they are included within
the authorization to construct. That is, these paragraphs announce that the permit is a
construction permit ("Permit is hereby granted to the above-designated Permittee to
CONSTRUCT.
. . ."
Exhibit 1, first paragraph). Then the first paragraph describes what the
Permittee is authorized to construct: "equipment consisting of a sorbent injection system."
Exhibit 1, first paragraph. Additionally, Condition 1 (a) provides information regarding what the
permit authorizes the Permittee to construct: "This Permit authorizes construction of sorbent
injection system for each of the existing coal-fired boiler for Unit 19.
. . ."
Exhibit 1, Condition
1 (a).
14.
However, these descriptions do not clearly define the full scope of what Midwest
Generation seeks to install and operate. It is unclear whether the ACI system as described in the
permit includes the activated carbon storage and handling system. The Agency acknowledges
the storage and handling system in Condition
l(b), where it refers to the "storage and handling of
sorbent
for
the sorbent injection system." Condition l(b)(ii). (Emphasis added.) That these are
"for" the sorbent injection system implicitly acknowledges that the storage and handling system
are ancillary to the sorbent injection system. The inclusion of an emissions limitation at
Electronic Filing, Received, Clerk's Office, August 23, 2007
* * * * * PCB 2008-018 * * * * *
Condition 1 (b)(ii) implies that the Agency intends the construction permit to include construction
of the storage and handling system as well as the sorbent injection system.
15.
One could argue that the activated carbon storage and handling system is included
in the "sorbent injection system," as it would be impossible for Midwest Generation to inject
sorbent without the storage and handling system. On the basis of that interpretation and the
implications of the language in Condition 1
(b)(ii), Midwest Generation will proceed with
construction and operation of the storage and handling system ancillary to the sorbent injection
system but requests that the Board require the Agency to clarify either that the "sorbent injection
system" include the storage and handling system or to specifically add reference to the storage
and handling system to the permit.
16.
Although Midwest Generation hereby appeals the first paragraph and Condition
1 (a) of the permit, Midwest Generation does not seek a stay of any portion of the first paragraph
or Condition 1 (a) of the permit.
B.
The Agency Has Inappropriately Included Conditions Whose Only Purposes Is to
Effectuate the Mercury Rule
-
Conditions 2(a), 2(a) Note,
4(a),
5(a), and 5(c).
17.
The Agency has included a number of conditions that bear no direct relationship
to the construction and operation of the ACI system. Specifically, Condition
2(a) requires
compliance with the mercury emissions limitations of Part 225, Subpart B or
F; Condition 4(a)
requires compliance with "all applicable requirements of 35 IAC Part 225"; Condition 5(a)
requires Midwest Generation to maintain records relative to the mercury content of the coal
supply; and Condition
5(c) requires records regarding mercury emissions. There are no
applicable requirements relevant to this permit that authorize the Agency to include these
conditions in this permit. Subpart B requires a source subject to the mercury rule to submit an
application to modify its CAAPP permit to include the requirements applicable to the mercury
rule; they do not provide for implementation of the mercury rule through a construction permit.
See 35 111.Adm.Code
5
225.220.
18.
The purpose of this permit is to authorize the construction and operation of the
ACI system and the related storage and handling system. While use of this system will allow
Midwest Generation to reduce its mercury emissions, use of an ACI system is not required by the
mercury rule; it is required by Subpart
F. However, the applicability of Subpart F is dependent
upon Midwest Generation formally notifying the Agency that it intends to comply with the
mercury limits pursuant to Subpart
F. The Agency notes that the "Permittee expects that it will
comply with
. . .
Subpart F.
. . ."
Exhibit 1, Condition 2(a) Note. Midwest Generation has not
formally notified the Agency of its intentions. Moreover, at the time that the permit was issued,
there was not yet an applicable basis for Midwest Generation to notify the Agency of its
intentions; as of the date of this appeal, Midwest Generation is not aware of whether the Board
has adopted Subpart
F.
19.
The installation and operation of the ACI system does not, in and of itself, require
the imposition of mercury limitations. Therefore, the inclusion of mercury limitations in
Condition
2(a) is inappropriate and arbitrary and capricious and should be deleted from the
permit. Midwest Generation requests that Condition
2(a) be stayed
,
as set forth in Exhibit 2,
during the pendency of this appeal.
20.
Likewise, the requirement of Condition
2(a) Note that Midwest Generation
comply with the provisions of Subpart
F are beyond the scope of the Agency's authority relative
to this permit. Construction and installation of an ACI system do not rigger the applicability of
either Subpart B or Subpart
F. Condition 2(a) Note is arbitrary and capricious, and Midwest
Generation requests that the Board order the Agency to delete it from the permit. Midwest
Generation requests that the Board stay the effectiveness of Condition 2(a) Note, as set forth in
Exhibit 2, during the pendency of this appeal.
2
1.
Condition 4(a) is also an expansion of the scope of a simple construction permit
authorizing the installation of ACI system. From that request, the Agency leapt to requiring that
Midwest Generation comply with all applicable requirements of Part 225 related to monitoring
mercury emissions. Monitoring mercury emissions is not directly related to constructing and
operating ACI system. That is, the construction and operation of an ACI system does not
necessarily lead to a requirement to monitor mercury emissions. Rather, that requirement is a
function of implementation of the mercury rule. Condition
4(a) is inappropriate and arbitrary
and capricious and should be deleted from the permit. Midwest Generation requests that the
Board stay the effectiveness of Condition
4(a), as set forth in Exhibit 2, during the pendency of
this appeal.
22.
Condition 5 (a) exceeds the Agency's authority. Condition 5 (a) requires the
Permittee to maintain records regarding the amounts of mercury in its coal supply. Even if
Midwest Generation were to concede that monitoring mercury emissions were appropriate, the
broad, general requirement stated in Condition
5(a) for Midwest Generation to sample its coal
supply for mercury content and keep records thereof is inappropriate and arbitrary and capricious
because measuring mercury in the coal supply is required under the mercury rule
only if the
Permittee chooses to demonstrate compliance pursuant to Section
225.230(a)(l)(B), the
requirement for a 90% reduction from input mercury. If the Permittee chooses to comply with
Section
225.230(a)(l)(A), on the other hand, there is no requirement in the mercury rule that the
Permittee monitor the mercury content of its coal supply.
23.
Additionally, the phrase "current coal supply" in Condition 5(a)(ii) is ambiguous.
It could refer to the supply of coal at the Station at the time the permit is issued. The level of
mercury in the supply of coal at the Fisk Station on July 19, 2007, is irrelevant in terms of
compliance with the mercury rule emissions limits. In the alternative, it could refer to some
other period of time, though what that period of time is is not apparent.
24.
Condition
5(a) is arbitrary and capricious, exceeds the scope of the Agency's
authority, and should be deleted from the permit. If the Board determines that Condition
5(a)
should remain in the permit, then Midwest Generation requests that the Board order the Agency
to include qualifying language in Condition
5(a) that restricts the applicability of the condition to
only those times that the Permittee relies on Section
225.230(a)(l)(B) to comply with the
emissions limitations of the mercury rule. Midwest Generation requests that the Board stay the
effectiveness of Condition
5(a), as set forth in Exhibit 2, during the pendency of this appeal.
25.
Condition
5(c)(i) requires maintenance of "all applicable records required by 35
IAC Part 225, by the dates specified in the rules, related of
[SIC] monitoring mercury emissions."
As discussed above, construction and installation of an ACI system does not trigger a
requirement to comply with the mercury rule. Condition
5(c)(i) is arbitrary and capricious and
should be deleted from the permit. Midwest Generation requests that the Board stay Condition
5(c)(i)
,
as set forth in Exhibit 2, during the pendency of this appeal.
26.
Condition
5(c)(ii) is particularly unacceptable. Here the Agency requires the
Permittee to "maintain records of any mercury emission data collected for the affected boiler"
"[dluring the period before the Permittee is required to conduct monitoring for mercury
emissions
. . .
pursuant to 35 IAC Part 225
."
Exhibit 1, Condition 5(c)(ii). (Emphasis added.)
There is
authority for the Agency to require such monitoring and recordkeeping. Requesting
such information through a permit is inappropriate. There is no provision in the Act or any of
the applicable regulations that authorizes the Agency to include conditions in permits merely to
aid the Agency in gathering data not otherwise required. Condition
5(c)(ii) is arbitrary and
capricious, not based upon any applicable requirements, and beyond the scope of the Agency's
authority to require. It should be deleted from the permit, and Midwest Generation requests that
the Board stay the effectiveness of Condition
5(c)(ii), as set forth in Exhibit 2, during the
pendency of this appeal.
C.
The Agency Has Inappropriately Failed to Include Language Specifying
Compliance Dates for Certain Conditions Consistent with Applicable Requirements
-
First Paragraph of Condition 5(b) and Condition S(b)(i).
27.
The ultimate purpose of the ACI system that Midwest Generation seeks to install
is to reduce emissions of mercury from Fisk Unit 19. In order to comply with the deadlines
contained in the mercury rule, Midwest Generation must begin the process of installation,
shakedown, and testing prior to the compliance date. Because of the number of ACI systems that
must be installed across Midwest Generation's fleet and because of the timing of planned
outages, Midwest Generation must proceed now, nearly two years prior to the compliance date of
July 1,2009
(5
225.230(a)(l)), or even before final adoption of Subpart F, which establishes a
July 2008 compliance date for Midwest Generation, should it choose to opt in to the provisions
of Subpart F.
28.
Nevertheless, the dates by which sources must comply with the requirements of
either the mercury rule or Subpart F are established by the rules. A source cannot be required by
a permit to comply with an emissions limitation or other requirements prior to the compliance
dates established in the relevant rule. Yet the Agency attempts through this permit to require
compliance with mercury provisions prior to the dates in the rules, apparently simply because
Midwest Generation has sought to install and operate the ACI system.
29.
Condition 5(b)(i) requires Midwest Generation to maintain records regarding the
sorbent being used, the settings for sorbent injection rate, and each period of time when both the
boiler and sorbent injection were being used. As discussed above, the use of sorbent is required
by the mercury rule only if Midwest Generation opts in to Subpart
F, and notification of its
intentions in that regard are not due until the end of this year. To the extent that Subpart
F is the
applicable requirement underlying Condition
5(b)(i), the provisions of this condition are
premature absent qualifying language tying the requirements to Subpart
F. Midwest Generation
understands and expects that the Agency would require records and reporting of sorbent use as
they relate to emissions of
PM. However, Condition 5(b)(i) is more specific than that by
requiring the brand of the sorbent used, which is a
fhnction of Subpart F.
30.
Moreover, a phrase in Condition 5(b)(i) addresses records for the period of time
when the ACI system is not operated. Nothing requires that Midwest Generation operate the
ACI system unless and until it notifies the Agency that it is opting in to Subpart
F. Until that
time, there is no applicable requirement that underlies this condition. Therefore, the condition is
arbitrary and capricious because there is no underlying applicable requirement for it. The last
phrase on Condition
5(b)(i), "and each period of time when an affected boiler was in operation
without the system being operated with explanation,
e.g., the boiler was being fired on natural
gas," should be deleted from the permit.
3 1.
The first paragraph of Condition 5(b) and Condition 5(b)(i) are arbitrary and
capricious and should be deleted from the permit. Midwest Generation requests that the Board
order the Agency to delete the first paragraph of Condition
5(b) and Condition 5(b)(i). Midwest
Generation requests that the Board stay the effectiveness of the first paragraph of Condition 5(b)
and of Condition 5(b)(i), as set forth in Exhibit 2, during the pendency of this appeal.
D.
The Requirements of Some Conditions Are Not Acceptable
-
Conditions l(b)(ii),
4(b),
and 5(b)(i).
32.
Midwest Generation requests that the Board order the Agency to classify the
emissions from the activated carbon storage and handling system as insignificant in Condition
1
(b)(ii). The Agency provided that the storage and handling of sorbent is an insignificant
activity in the construction permit issued to Dynegy Midwest Generation's Havana Power
Station.
See Appeal of Construction Permit, Exhibit 1, Condition 1.1 (b)(ii), PCB 07- 1 15
(August 22,2007)
(DynegyIHavana Power Station), incorporated by reference herein for the
limited purposes of demonstrating inconsistency in treatment of emissions limitations for ACI
storage and handling systems.
3 3.
Additionally, Condition 1 (b)(ii) requires the Permittee to comply with "all
applicable requirements of
35 111.Adm.Code Part 212 that apply to the storage and handling of
sorbent." Condition
l(b)(ii). Part 212 does not address the storage and handling of sorbent.
34.
For the reasons set forth above, Midwest Generation requests that the last two
sentences of Condition
1 (b)(ii) be deleted from the permit as they are arbitrary and capricious.
Further, Midwest Generation requests that they be stayed, as set forth in Exhibit 2, during the
pendency of this appeal.
35.
Conditions
4(b) and 5(b)(i) suggest that the Agency misunderstands the manner in
which Midwest Generation will control the amount of activated carbon that will be injected into
the flue gas. Injection of the activated carbon into the flue gas will be computerized. The
computer will monitor appropriate parameters and will calculate and cause to be injected the
appropriate amount of activated carbon on an on-going basis. There are no manual controls of
the carbon injection rates and no remote control of the carbon injection rates from the control
room, as implied by Condition
4(b). The "setting," required by Condition 5(b)(i), is the 5
lblmacf or whatever the applicable regulation requires. For these reasons, Conditions 4(b) and
5(b)(i) are inappropriate and should be deleted from the permit. Midwest Generation requests
that the Board order the Agency to delete Conditions
4(b) and 5(b)(i) and that it stay these
conditions, as set forth in Exhibit 2, during the pendency of this appeal.
E.
Midwest Generation Objects to the Inclusion of Deviation Reporting
-
Condition 6.
36.
Condition 6 requires deviation reporting. Deviation reporting is a function of
CAAPP permitting.
See 4 15 ILCS 5/39,5(7)(f)(ii). It is not a requirement found in the
permitting requirements of Section 39 of the Act (41 5 ILCS 5/39) or the construction permitting
regulations of 35
111.Adm.Code Part 201, the provisions of the Act and regulations under which
this permit was issued. While the pertinent provisions of this construction permit will eventually
be rolled in to
Fisk's CAAPP permit, the construction permitting rules do not provide for
deviation reporting prior to inclusion of the pertinent provisions in the CAAPP permit. Although
this construction permit will, indeed, serve as an operating permit for the ACI system until such
time as the pertinent provisions are transferred to the CAAPP permit, this construction permit is
not a CAAPP permit. It is not subject to any of the CAAPP requirements for permitting.
Midwest Generation acknowledges that some of the permitting procedures applicable under Part
201 may be the same or similar to some of the CAAPP permitting procedures. However, such
similarities or overlaps do not imply that Part 201 permitting is the same as CAAPP permitting in
terms of the types of requirements that can be included in the Part 201 permits.
37.
The Agency has exceeded the scope of its authority under the Act and the
applicable regulations by requiring deviation reporting in this construction permit. For these
reasons, Midwest Generation requests that the Board order the Agency to delete Condition 6
from the
permit and that it stay the effectiveness of Condition 6, as set forth in Exhibit 2, during
the pendency of this appeal.
WHEREFORE, for the reasons set forth above, Midwest Generation appeals the first
paragraph of the permit and Conditions
1 (a), 1 (b)(ii), 2(a), 2(a) Note, 4, 5 (except for Conditions
5(b)(ii) and 5(d)), and 6 of the construction permit issued July 19,2007, for the Fisk Generating
Station. Additionally, Midwest Generation requests that the Board stay all or the portions of
Conditions
l(b)(ii), 2(a), 2(a) Note, 4, 5(a), 5(b), 5(b)(i), 5(c) and 6, as set forth in Exhibit 2.
Midwest Generation will comply with relevant monitoring, recordkeeping, and reporting
requirements of Part 225, Subpart B
and/or Subpart F if adopted, as applicable, at the time they
become applicable, during the pendency of this appeal.
Respectfully submitted,
MIDWEST GENERATION, LLC
-
FISK GENERATING STATION
by:
Dated: August 23,2007
SCHIFF
HARDIN, LLP
Sheldon A. Zabel
Kathleen
C. Bassi
Stephen J. Bonebrake
6600 Sears Tower
23 3 South Wacker Drive
Chicago, Illinois 60606
3 12-258-5500
Fax: 3 12-25 8-2600
EXHIBIT LIST
Exhibit No.
1
Construction Permit issued to the Fisk Generating Station July 19, 2007
Fisk Construction Permit, redlined to indicate the specific language Midwest
Generation requests be stayed
EXHIBIT
ILLINOIS
ENVIRONMENTAL PROTE<:I-ION AGENCY
1021
MIIRTI I
C;UANI)
A\/FN~.~L
-
Ensr,
f?.O
fHox
1 C1506,
SIJKII~'C;TI~LI),
11 LIUUIS
62794-9506 -- (
2
17) 782-21
(1
1
3
LJ
K~K:, ft.
Bi
ACOJEVICI-I,
( ;OVERNOR
Uotjc;i.~s
f>.
Sr:o
r.r,
L~IREC FOK
CONSTRUCTION PERMIT
Midwc?st Generation EME,
LLC
-
Fisk Generating Station
r;~~~~smVX.m
Attn: Andrea Crapisi
MDw.~
G~W~O*~~~
440 South LaSalle Street, Suite 3500
Chicago, Illinois 60605
Application No.: 07050006
I.D.
No.:
031600AMI
Applicant's Designat ion:
Date Receive: May 3, 2007
-
Subject: Sorbent Injection System for Unit 19
Date Issued: July 19, 2007
Location: Fisk Generating Station,
3111 West Cerrnark Road, Chicago,
60608
Permit is hereby granted to the above-designated Permittee to CONSTRUCT
equipment consisting of
a sorbent injection system to control mercury
emissions for the Unit
19 boiler, as described in tho above referenced
application. This Permit is
subject to standard condi,tions attached hereto
and the following special condition(s):
la.
This Permit authorizes construction of sorbent injection system for the
existing coal-fired boiler for Unit 19 (the affccted boiler)
.
The
new
sorbent injection system would control mercury emissions by injectinq
sorbent,
i.e,, halogenated activated carbon, into the flue gas from
this existing coal-fired boiler
pri.or to the electrostatic
precipitators
(ESPs) for the affected boiler.
b. i.
This permit is
issued
based on this project being an crnissions
control project,
whose
purpose and effect will be to reduce
emissions of mercury Erom the existing coal-fired boiler and
which will not sj-gnificantly increase emissions of othcr PSD
pollutants.
8s
such, the terms and conditions of the existing
permits will
continue to govern emissions and operation of the
boiler
except as
specifically indicated.
ii.
This permit is issued based an negligible particulate matter (PM)
emissions from the
st~rage
and handling of sorbent for the
sorbent injection system.
For this purpose emissions shall
not
exceed 0.44 tonsfyear. However Permittee shall comply with
all
applicable requirements of 35 Ill. Adm. Code Parc 212 that apply
to
the storage and handling of sorbent.
c. This permit does
not
authorize any rnodificati.ons to the affected boiler
or generating
unit, which would increase capacity or potential
emissions.
2a.
The Permittee shall comply with applicable emiss.i.on standards
and
rcquirernents related to mercury emissions for the affected bailer
pursuant
ta
35
LAC Part 225, Subpart B
arld/or
Subpart F, by fie
applicable dates specified by these rules.
Page 2
Note:
The permittee expects that it will comply with certain
provisions of
35 IAC Part 225, Subpart
F,
which is still proposed,
as
an alternative to compliance with
35 IAC Part 225, Subpart B.
If the
permittee elects to comply with
35 IAC
Part 225, Subpart F, certain
provisions of subpart
B would not be applicable, and the provisions of
Subpart
F would set the dates when certain other requirements do become
applicable.
b.
This permit does not affect the authorizations in existing operating
permits for
the affected boiler, pursuant to 35 IAC
201.149, 201.261
and 201.262, that allow the Permittee:
i.
To operate an affected boiler in violation
of
certain state
emission standards during startup of the boiler or the terms and
conditions that accompanied such authorization.
ii.
To continue to operate an affected boiler in violation of certain
state emission standards during malfunction or breakdown of the
boiler, including control devices and ancillary system, or the
terms and conditions that accompanied such authorization.
3. At all times, the Permittee shall, to the extent practicable, maintain
and operate the sorbent injection system including storage and handling
of sorbent,
in a manner consistent with good air pollution control
practice for minimizing emissions
from the existing coal-fired boiler
and the source.
4a.
The Permittee shall comply with all applicable requirements of 35 IAC
Part 225, by the dates specified in the rules, related to monitoring of
mercury emissions from the affected boiler.
b.
If the sorbent injection system can be adjusted remotely by personnel
in the control room, the Permittee shall install, operate, and maintain
instrumentation for measuring rate of sorbent injection
for
the
affected boiler with the status
of the system.
5a. The Permittee shall maintain foZlowing records for the coal supply for
the affected boiler:
i.
Applicable records required by 35
IAC Part 225, by the dates
specified
in the rules, related to sampling and analysis of the
coal supply to the affected boiler for its mercury content.
ii. Records of mercury and heat content of the current coal supply to
the
affected boiler,
with supporting data for the associated
sampling and analysis methodology, so
as to have representative
data for the mercury content of the coal supply.
b. The Permittee shall maintain the following records for the sorbent
injection system
on affected boiler:
Page 3
i.
An operating log or other records
for the system that, at a
minimum, identify the sorbent that is being used, the settingts)
for sorbent injection rate and each period of time when an affected
boiler was
in operation without the system being operated with
explanation,
e.g., the boiler was being fired on natural gas.
ii. Maintenance and repair log or other records for the system that, at
a minimum, list the activities performed, with date and description.
c. The permittee shall maintain following records related to mercury
emissions from
the affected boiler:
i. $111 al~plicable records required by 35
IAC
Part
225, by the dates
specified
in the rules, related of monitoring mercury emissions.
ii. During the period before the Permittee is required to conduct
monitoring for the mercury emissions of the affected boiler
pursuant to
35 IAC Part 225, the Permittee shall maintain records
of any mercury emission data collected for
the affected boiler,
including emissions or control efficiency with identification and
description of the mode of operation.
d. The Permittee shall retain all records required by this permit at the
source
for at least
S
years from the date of entry and these records
shall be readily accessible to the Illinois
EPA for inspection and
copying
upon request.
6.
If there is any deviation
from
the requirements of this permit, the
Permittee
shall submit a report to the Illinois EPA within 30 days
after the deviation
or such other time period specified in the current
CAAPP permit issued for the source. The report shall include a
description of the deviation, a copy of relevant records, and measures
to reduce emissions and future occurrences.
7. The Permittee shall notify the Illinois EPA when sorbent injection
system on affected boiler starts operating.
8.
The
lllinois
EPA has determined that this project, as described in the
application,
will not constitute a modification of the boiler under the
federal New Source Performance Standards,
40 CFR 60,
as
the project has
the primary function of reducing emissions and therefore is not
considered a modification pursuant
to 40 CFR 60.14(e)
(5).
9. Two copies of required reports and notifications shall be sent to the
~llinois
EPA1s
Compliance Section at the following address unless
otherwise indicated:
Illinois Environmental Protection Agency
Division of
Air Pollution Control
Compliance Section
(#40)
P.O. Box 19276
Springfield, Illinois 62794-9276
Page
4
--
and one copy shall be sent to the Illinois EPArs regional office
at
the
following
address
unless otherwise indicated:
Illinois Environmental
Protection Agency/Regional Office
Division of Air Pollution Control
9511 West Harrison
Des Plaines, Illinois 60016
10.
The affected boiler may be operated
with
sorbent
injection system
pursuant to
this constsuction
permit
until an operating permit becomes
effective that addresses operation of this boiler with this system.
If you have any questions on this
permit,
please call
Kunj
Patel
at
217/782-2113.
Edwin
C. Bakowski, P.E.
Acting Manager, Permit Section
Division of Air Pollution Control
EC3:CPR:KMP:ps-j
cc: Region 1
Date Issued:
?
STATE
OF
ILLlNOiS
ENVIRONMENTAL PROTECTION AGENCY
DIVISION
OF
AIR POLLUTION CONTROL
P.
0.
BOX 19506
SPRINGFIELD,
ILLINOIS
62794-9506
BTANDARD CONDXTIONS FOR @ONSTRU61THON/DEVELOPMENT PERMITS
ISSUED
BY
THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
The Illinois Environmental Protection
Act
(Illinois
Revised
Statutes,
Chapter
111-1/2,
Section 1039)
authorizes
the
Environmental Protection
Agency to
impose
conditions on
permits
which it
issues.
I
The
1.
Unless
following
this
conditions
permit
has
are
been
applicable
extended
unless
or it has
susperseded
been voided
by special
by a newly
condition(s).
issued
permit,
this
permit
will expire one
I
I
year from the date
of
issuance,
unless
a continuous program of construction or
development
on
thio
project
has
started
by such time.
1
2.
The
construction or
development
covered by this
permit
shall be done in compliance with
applicable
provisions of
the
Illinois Environmental Protection
Act and
Regulations
adopted
by the Illinois
Pollution
Control
Board.
4.
The psrmittee
shall. allow
any
duly
authorized
agent of
the
Agency
upon the
presentation
of
credentials, at
reasuxza-ble
times:
1
I
3.
There
slrall
be no deviations from the
approved
plans and
specifications
unless a written
request
for modification,
along
with
plans and specifications as required, shall have been submitted to the
Agency and a supplemental
written permit issued.
a.
to entss the permittee's
property
where
actual
or potential
effluent,
emission or noise sources
are located or
where
any
activity
is to be
conducted
pursuant to this permit,
J
s (
i ;
I
b.
c,
to
to have
inspect,
access
including
to and
during
to copy
any
any
hours
records
of operation
required to
of
be
equiprnexrt
kept
under
constructed
the
terms
or
and
operated
conditions
under
of
this
this
permit,
permit,
I
such equipment and. any
equipment
required to be
kept,
used,
operated, calibrated
a.nd
maintained
under this
permit.,
I
d, to obtain and remove samples of any discharge or emissions of poflutants,
and
e.
to enter and utilize
any
photographic, recording, testing, monitoring or other
equipment
for
the purpose of
preserving,
testing,
rnonitorj.ng, or recording any activity, discharge, or emission authorized by this permit.
I
5.
The issrrance of this permit:
l
a.
shall
not
be
considered
as
in
any
manner affecting the title of the
premises
upon which the
permitted
facilities
are
to be located,
b.
doen not release the permittee from any liability for
damage
to
person
or
property
caused
by or
resulting
from
the
construction, maintenance, or operation of the proposed facilities,
c.
does not release the permi.ttee from compliance with other applicable statutes
and
regulations of the United
States,
of the State of Illinois, or with
applicable local laws, ordinances and
regulations,
I
d,
does not take into consideration or
attest
to the structural stability of any units
or parts of the project, and
I<
I
!
t
532-0226
APC 166 Rev. 5/99
Pr~ntod
on
Recycled Paper
090005
1
--,
DIRECTORY
ENVIRONMENTAL PROTECTION
AGENCY
BUREAU
OF AIR
For assistance
in preparing a permit
application
contact the Permit
Section.
11 1
irlois
Environmental
Protection
.Agency
Division
of
Air
Pollution
Control
Permit
Section
1021 N.
'
Grand
Ave E.
P.O.BOX 1950.6
,-
.. - .
.
~pringf
ield
,
Illinois
6279
or
a
regional
office of the
.
Field Operations Section.
The
regional
offices
and
their
areas
of
respons
i
bi.1
i
ty
are
shown on the map. The
addresses
and
telephone'.
numbers
of
the
regional
,
offices
are
as
follows:
Illinois
EPA
' '
Region
1
Bureau of air,
FOS
951
L West
Harrison
Des
Plaines
,
Illinois.
50016
847 1294-4000
Illinois EPA
Region
2 .
5415
North
University
Peoria, Illinois
61614-
3091
693-5463
.
1ilin0i~
EPA
.b.&.g.ion 3
2009 Mall
Street
.
Collinsville, Illinois
62234
618f346-5120
EXHIBIT
Illinois
-
Environmental Protection Agency
1021 NORTH GRAND AVENUE EAST, P.O. BOX 19506, SPRINGFIELD, ILLINOIS
62794-9506 - (21 7) 782-21 13
ROD R. BLAGOJEVICH,
GOVERNOR
DOUGLAS
P. Scorr, DIRECTOR
CONSTRUCTION PERMIT
PERMITTEE
Midwest Generation EME, LLC
-
Fisk Generating Station
Attn: Andrea
Crapisi
440 South LaSalle Street, Suite 3500
Chicago, Illinois 60605
Application No.: 07050006
I.D. No.:
031600AMI
Applicant's Desiqnation:
Date Received: May 3, 2007
Subject: Sorbent Injection System for. Unit 19
Date Issued: July 19, 2007
Location: Fisk Generating Station, 1111 West Cermark Road, Chicago, 60608
Permit is hereby granted to the above-designated Permittee to CONSTRUCT
equipment consisting of a sorbent injection system to control mercury
emissions for the Unit 19 boiler, as described in the above referenced
application.
This Permit is subject to standard conditions attached hereto
and the following special
condition(s):
la. This Permit authorizes construction of sorbent injection system for the
existing coal-fired boiler for Unit 19 (the affected boiler). The new
sorbent injection system would control mercury emissions by injecting
sorbent,
i.e., halogenated activated carbon, into the flue gas from
this existing coal-fired boiler prior to the electrostatic
precipitators
(ESPs) for the affected boiler.
b.
i. This permit is issued based on this project being an emissions
control project, whose purpose and effect will be to reduce
emissions of mercury from the existing coal-fired boiler and
which will not significantly increase emissions of other PSD
pollutants. As such, the terms and conditions of the existing
permits will continue to govern emissions and operation of the
boiler except as specifically indicated.
ii. This permit is issued based on negligible particulate matter (PM)
emissions from the storage and handling of sorbent for the
sorbent injection system.
-~t-se--em~
*A
A
,
LI
a
A
.
..
.A-L
I*
7
7
,-., ,-,
L-
I
c.
This permit does not authorize any modifications to the affected boiler
or generating unit, which would increase capacity or potential
emissions.
Page 2
b. This permit does not affect the authorizations in existing operating
permits for the affected boiler, pursuant to
35 IAC 201.149, 201.161
and 201.262, that allow the Permittee:
i. To operate an affected boiler in violation of certain state
emission standards during startup
o£ the boiler or the terms and
conditions that accompanied such authorization.
ii. To continue to operate an affected boiler in violation of certain
state emission standards during malfunction or breakdown of the
boiler, including control devices and ancillary system, or the
terms and conditions that accompanied such authorization.
At all times, the Permittee shall, to the extent practicable, maintain
and operate the sorbent injection system including storage and handling
of sorbent, in a manner consistent with good air pollution control
practice for minimizing emissions from the existing coal-fired boiler
and the source.
I
5a
=x:=7
rnn*9Ly
EL-Jr
.<
L..LLLLA~.\-bLd
LJLLL~AA.
111.
-
. :
..%
&
A
,
r.
L,
'A'
,
>
7,
A
-, .,=
q
-\ ,-
1
-: *
ii.
b. The Permittee shall maintain the following records for the sorbent
injection system
=n
~iff~ct~d
Scilcr:
Page 3
ii. Maintenance and repair log or other records for the system that,
at a minimum, list the activities performed, with date and
description.
ii.
d. The Permittee shall retain all records required by this permit at the
source for at least 5 years from the date of entry and these records
shall be readily accessible to the Illinois EPA for inspection and
copying upon request.
7. The Permittee shall notify the Illinois EPA when sorbent injection
system on affected boiler starts operating.
8. The Illinois EPA has determined that this project, as described in the
application, will not constitute a modification of the boiler under the
federal New Source Performance Standards, 40 CFR 60, as the project has
the primary function of reducing emissions and therefore is not
considered a modification pursuant to 40 CFR
60.14(e)(5).
9. Two copies of required reports and notifications shall be sent to the
Illinois
EPA's Compliance Section at the following address unless
otherwise indicated:
Illinois Environmental Protection Agency
Division of Air Pollution Control
Compliance Section
(#40)
P.O. Box 19276
Springfield, Illinois 62794-9276
STATE OF ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
DIVISION OF AIR POLLUTION CONTROL
P. 0. BOX 19506
SPRINGFIELD, ILLINOIS 62794-9506
1
STANDARD CONDITIONS FOR CONSTRUCTION/DEVELOPMENT PERMITS
ISSUED BY THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
July 1, 1985
The Illinois Environmental Protection Act (Illinois Revised Statutes, Chapter 1 1
1
-
112, Section 1039) authorizes the
Environmental Protection Agency to impose conditions on permits which it issues.
The following conditions are applicable unless susperseded by special
condition(s).
1. Unless this permit has been extended or it has been voided by a newly issued permit, this permit will expire one year
from the date of issuance, unless a continuous program of construction or development on this project has started by
such time.
2. The construction or development covered by this permit shall be done in compliance with applicable provisions of the
Illinois Environmental Protection Act and Regulations adopted by the Illinois Pollution Control Board.
3.
There shall be no deviations from the approved plans and specifications unless a written request for modification,
along with plans and specifications as required, shall have been submitted to the Agency and a supplemental written
permit issued.
4. The permittee shall allow any duly authorized agent of the Agency upon the presentation of credentials, at reasonable
times:
a. to enter the permittee's property where actual or potential effluent, emission or noise sources are located or where
any activity is to be conducted pursuant to this permit,
b. to have access to and to copy any records required to be kept under the terms and conditions of this permit,
c. to inspect, including during any hours of operation of equipment constructed or operated under this permit, such
equipment and any equipment required to be kept, used, operated, calibrated and maintained under this permit,
d. to obtain and remove samples of any discharge or emissions of pollutants, and
e. to enter and utilize any photographic, recording, testing, monitoring or other equipment for the purpose of
preserving, testing, monitoring, or recording any activity, discharge, or emission authorized by this permit.
5. The issuance of this permit:
a. shall not be considered as in any manner affecting the title of the premises upon which the permitted facilities are
to be located,
b. does not release the permittee from any liability for damage to person or property caused by or resulting from the
construction, maintenance, or operation of the proposed facilities,
c.
does not release the permittee from compliance with other applicable statutes and regulations of the United States,
of the State of Illinois, or with applicable local laws, ordinances and regulations,
d. does not take into consideration or attest to the structural stability of any units or parts of the project, and
IL 532-0226
APC
166
Rev. 5/99
Printed on Recycled Paper
090-005