BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MIDWEST GENERATION, LLC
-
)
WILL COUNTY GENERATING STATION,
)
)
Petitioner,
)
)
V.
)
PCB
08-
)
(Permit Appeal
-
Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
1
)
Respondent.
1
NOTICE OF FILING
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 SYSTEMS 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
Dated: September 5,2007
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-022 * * * * *
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
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-022 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MIDWEST GENERATION, LLC
-
)
WILL COUNTY GENERATING STATION,
1
1
Petitioner,
)
)
V.
)
PCB 08-
)
(Permit Appeal
-
Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
1
)
Respondent.
1
APPEARANCE
I, Kathleen C. Bassi, hereby file my appearance in this proceeding on behalf of Petitioner,
Midwest Generation, LLC
-
Will County Generating Station.
Schiff
Hardin LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
312-258-5500
kbassi@,schiffhardin.com
Dated: September 5,2007
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-022 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MIDWEST GENERATION, LLC
-
)
WILL COUNTY GENERATING STATION,
)
)
Petitioner,
)
)
V.
)
PCB 08-
)
(Permit Appeal
-
Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
1
)
Respondent.
1
APPEARANCE
I, Stephen J. Bonebrake, hereby file my appearance in this proceeding on behalf of
Petitioner, Midwest Generation, LLC
-
Will County Generating Station.
- --
Schiff ~ardin~~~~
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
312-258-5500
sbonebrake(Ei>,schiffhardin.com
Dated: September 5, 2007
CH2\
2027785.1
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-022 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MIDWEST GENERATION, LLC
-
)
WILL COUNTY GENERATING STATION,
)
)
Petitioner,
)
)
V.
)
PCB 08-
)
(Permit Appeal
-
Air)
ILLINOIS ENVIRONMENTAL
1
PROTECTION AGENCY,
1
)
Respondent.
)
APPEARANCE
I, Sheldon A. Zabel, hereby file my appearance in this proceeding on behalf of Petitioner,
Midwest Generation, LLC
-
Will County Generating Station.
Schiff
Hardin LLF
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
3 12-258-5500
Dated: September 5,2007
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-022 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MIDWEST GENERATION, LLC
-
1
WILL COUNTY GENERATING STATION,
1
)
Petitioner,
)
)
V.
)
PCB 08-
)
(Permit Appeal
-
Air)
ILLINOIS ENVIRONMENTAL
1
PROTECTION AGENCY,
1
)
Respondent.
)
APPEAL OF CONSTRUCTION PERMIT FOR THE INSTALLATION OF
ACTIVATED CARBON INJECTION SYSTEMS AND
REQUEST FOR PARTIAL STAY
OF THE PERMIT
NOW COMES Petitioner, MIDWEST GENERATION, LLC
-
WILL COUNTY
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
§
105.200 et seq., and requests a hearing before the Board to contest the decisions contained in
the construction
issued to Petitioner on August 8,2007, pursuant to Section
39(a) of the
Act
(4 1 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
§ §
105.2 10(a) and (b). Petitioner received the construction
permit on August 13,2007. See Exhibit
1. Pursuant to Section 39(a) of the Act and 35
111.Adm.Code
9
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
l(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. 070600 1 1.
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-022 * * * * *
I.
BACKGROUND
(35
111.Adm.Code
Cj 105.304(a))
1.
The Will County Generating Station ("Will County" or the "Station"), Agency
I.D. No.
197810AAK, is an electric generating station owned by Midwest Generation, LLC, and
operated by Midwest Generation, LLC
-
Will County Generating Station. The Will County
electrical generating units
("EGUs") went online between 1955 and 1963. The Will County
Generating Station is located at 529 East
135" Road, Romeoville, Will County, Illinois 60446-
1538, within the Chicago ozone and ~~2.5~
nonattainment areas. Will County is an
intermediate load plant and can generate approximately 1 100 megawatts. Midwest Generation
employs 190 people at the Will County Generating Station.
2.
Midwest Generation operates four coal-fired boilers at Will County that have the
capability to fire at various modes that include the combination of coal, petroleum coke,
and/or
fuel oil as their principal fuels. In addition, the boilers fire 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. Will County also operates associated coal handling, coal processing,
and ash handling activities. In addition to the boilers, there is a 1,500-gallon gasoline tank
located at Will County, to provide fuel for Station vehicles.
3.
Relevant to this appeal, particulate matter ("PM") emissions
from the boilers are
controlled by an electrostatic precipitator ("ESP"). The Will County 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.
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-022 * * * * *
4.
Will County is a major source subject to the Clean Air Act Permitting Program
("CAAPP"). 4 1 5 ILCS 5139.5. The Illinois Environmental Protection Agency ("Agency")
issued a CAAPP permit to Midwest Generation for Will County on September 29,2005.
Subsequently, on November 2,2005, Midwest Generation timely appealed the CAAPP permit
for Will County at PCB 06-060. 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 41 5 (111.App.Ct. 1981), the CAAPP permit is stayed, upon appeal,
as a matter of law. Order, Midwest Generation, LLC, Will County Generating Station v. Illinois
Environmental Protection Agency, PCB 06-060 (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 2 1,2006. 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,
Note that the Board's website docket does not include substantive, regulatory language for Subpart F at
PC
#
9.
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-022 * * * * *
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; they were not
adopted until August 23,2007, approximately two weeks after the permit was issued.
7.
Prior to final adoption of Subpart F, there were no requirements pursuant to
Subpart F that are applicable to Midwest Generation. Pursuant to 35
111.Adm.Code fj
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 fj 225.23O(a)(l)). If 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,
§
225.6 10.
8.
The Agency received Midwest Generation's application for the construction
permit on June 4,2007. 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 Will County's Units 3 and 4 boilers. 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.
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-022 * * * * *
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 Will County 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, WiN County
Generating Station v. Illinois Environmental Protection Agency,
PCB 06-060 (February 26,
2006) ("Order 2"). Historically, the Board has granted partial stays in permit appeals where a
petitioner has so requested.
C.f:
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 06-194 (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 Landfill Company and City of Morris v. Illinois Environmental
Protection Agency,
PCB 0 1-48 and 0 1-49 (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- 1 08 (December 7, 1 995)
(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 systems for Units
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-022 * * * * *
3
and 4 at the Will County 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.
11.
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
l(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
(35 111.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 systems 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 systems 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, September 6, 2007
* * * * * PCB 2008-022 * * * * *
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
I Condition 1 is insufficient because it does not include the activated carbon handling
and storage systems, 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 systems for each of the existing coal-fired boilers for Units
3 and 4.
. . ."
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 systems as described in the
permit include the activated carbon storage and handling systems. The Agency acknowledges
the storage and handling systems in Condition
l(b), where it refers to the "storage and handling
of sorbent
for the sorbent injection systems." Condition 1 (b)(ii). (Emphasis added.) That these
are "for" the sorbent injection system implicitly acknowledges that the storage and handling
systems are ancillary to the sorbent injection systems. The inclusion of an emissions limitation
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-022 * * * * *
at Condition l(b)(ii) implies that the Agency intends the construction permit to include
construction of the storage and handling systems as well as the sorbent injection systems.
15.
One could argue that the activated carbon storage and handling systems are
included in the "sorbent injection
system[s]," as it would be impossible for Midwest Generation
to inject sorbent without the storage and handling systems. 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 systems ancillary to the sorbent injection
systems but requests that the Board require the Agency to clarify either that the "sorbent
injection
system[s]" include the storage and handling systems or to specifically add reference to
the storage and handling systems to the permit.
16.
Although Midwest Generation hereby appeals the first paragraph and Condition
l(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 ACI systems. 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
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-022 * * * * *
rule; it does 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 systems and the related storage and handling systems. While use of these systems will
allow Midwest Generation to reduce its mercury emissions, use of ACI systems 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.
. . ."
Condition 2(a) Note. Midwest Generation has not
formally notified the Agency of its. Moreover, at the time that this permit was issued, there was
not yet an applicable basis for Midwest Generation to notify the Agency of its intentions,
because Subpart
F had not been adopted by the Board. Subpart F was adopted by the Board on
August 23,2007, approximately two weeks after the permit was issued.
19.
The installation and operation of ACI systems do not, in and of themselves,
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 ACI systems do not trigger the applicability of
either Subpart B or Subpart
F. Condition 2(a) Note is arbitrary and capricious, and Midwest
Generation request that the Board order the Agency to delete it from the permit. Midwest
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-022 * * * * *
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.
21.
Condition
4(a) is also an expansion of the scope of a simple construction permit
authorizing the installation of ACI systems. 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 systems. 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.
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-022 * * * * *
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 Will County Station on August 8,2007, 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 boilers"
"[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
no
authority for the Agency to require such monitoring and recordkeeping. Requesting
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-022 * * * * *
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
S(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
S(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 systems that Midwest Generation seeks to install
is to reduce emissions of mercury from Will County Units 3 and
4. 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
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-022 * * * * *
compliance with mercury provisions prior to the dates in the rules, apparently simply because
Midwest Generation has sought to install and operate the ACI systems.
29.
Condition 5(b)(i) requires Midwest Generation to maintain records regarding the
sorbent being used, the settings for the sorbent injection rate, and each period of time when both
the boilers 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
understand 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, for example, the brand of the sorbent used, which is a function of Subpart
F.
30.
Moreover, a phrase in Condition 5(b)(i) addresses records for the period of time
when the ACI systems are not operated. Nothing requires that Midwest Generation operate the
ACI systems 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.
3 1.
Therefore, the condition is arbitrary and capricious because there is no underlying
applicable requirement for it. The last phrase of 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.
32.
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
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-022 * * * * *
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).
33.
Condition 1 (a)(ii) establishes a PM emissions limitation of 0.44 tonslyear from
the activated carbon storage and handling systems. There will be two activated storage and
handling systems constructed and operated pursuant to this permit, one for each unit. The
language of the condition states that the limitation of 0.44
tonslyear applies to both systems, yet
in other permits that the Agency has issued for ACI systems, this limitation has applied to single
storage and handling systems.
C.J,
Appeal of Construction Permit, Exhibit 1, Condition 1 (b)(ii)
PCB 08-01 8 (August 23,2007) (Midwest GenerationIFisk Generating Station), incorporated by
reference herein for the limited purpose of demonstrating the inconsistency in emissions
limitations applicable to ACI storage and handling systems. The Fisk permit is for a single ACI
system connected to a single boiler. There will be one activated carbon and storage and handling
system for the Fisk ACI system, and yet the PM emissions limitation for Will County, with two
storage and handling systems, is the same as the one for Fisk: 0.44
tonslyear.
34.
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
l(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.
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-022 * * * * *
3 5.
Additionally, Condition
1 (b)(ii) requires the Permittee to comply with "all
applicable requirements of 35
11l.Adm.Code Part 2 12 that apply to the storage and handling of
sorbent." (Condition
1 (b)(ii)). Part 2 12 does not address the storage and handling of sorbent.
36.
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.
37.
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.
3
8.
Condition 6 requires deviation reporting. Deviation reporting is a function of
CAAPP permitting.
See 4 1 5 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 20 1, the provisions of the Act and regulations under which
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-022 * * * * *
this permit was issued. While the pertinent provisions of this construction permit will eventually
be rolled in to Will County'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 systems 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.
39.
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 August 8,2007, for the Will County
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
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-022 * * * * *
reporting requirements of Part 225, Subpart B and/or Subpart F, as applicable, at the time they
become applicable, during the pendency of this appeal.
Respectfully submitted,
MIDWEST GENERATION, LLC
-
WILL COUNTY GENERATING STATION
by:
Dated: September 5,2007
SCHIFF
HARDIN, LLP
Sheldon A. Zabel
Kathleen C. Bassi
Stephen
J. Bonebrake
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
3 12-258-5500
Fax:
3 12-25 8-2600
kbassi@,schifkardin.com
-
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-022 * * * * *
EXHIBIT LIST
Exhibit No.
1
Construction Permit issued to the Will County Generating Station August 8, 2007
2
Will County Construction Permit, redlined to indicate the specific language
Midwest Generation requests be stayed
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-022 * * * * *
I~=I.INOIS
ENVIRONMENTAL PRO~"ECTION
AGENCY
P.''
'
1 021
NCIKI
t.1
GKANI)
AVENUE
EAST,
P.0.
BOX
1
9506,
S~'KIN(;TICI
I),
ft
I INCNS
62794-9506 - (
2
1
7)
782-2 1
217/782-2123
PERMITTEE
Midwest Generation EME,
LLC
-
Attn: Andrea Crapisi
440 South LaSalZe Street,
S1a.i
Chi'cago, Illinois 60605
CONSTRUCTION
Will County
Generating
Applicati.on No.
:
07060011
f.D,
No.: 197810AAK
Applicant'
s
Designation:
Date Received: June 4, 2007
Sorbent: Injection Systems for Units 3
and
4
-
Date Issues:
August
8, 2007
Locat ion: Will County Generating Station, 529 East
135'~
Street, RorneovilZe
Permit is hereby
granted
to
the
above-designated Permittee to CONSTRUCT
equipment consisting of a sorbent injection system to control mercury
emissions
for each of the Unit 3 and 4 boilers, as described in
the
above
referenced application. This Permit is subject to standard conditions
attached hereto
and the following special condition(s):
la.
This
Pe.rmi.t authorizes construction of sorbent injection systems for
each of the existing coal-fired boilers for Units 3 and 4 (affected
boilers).
The new sorbent injection systems would control mercury
emissions by injecting sorbent,
i.e., halogenated activated carbon,
into
the flue gas from these existing coal-fired boilers prior to the
electrostatic precipitators (ESPs) for each 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
boilers
and
which will not significantly increase emissions
of
other PSD
pollutants. As such, the terms arid conditions of the existing
permits will continue to govern emissions and operation
of the
boilers
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 systems. For this purpose emissions shall not
c>xceed 0.44 tons/year. However, the Permittee shall comply with
all appli.cable requirements of 35 Ill.
Adm,
Code Part 212 that
apply
to the storage and handling of sorbent,
c, This permit
does
not authorize any modifications to the affected
boilers or generating units, which would increase capacity or potential
emissions.
2a. The Permittee shall comply with applicable emission standards and
requirements related to mercury emissions for
the affected boilers
pursuant
to 35 IAC Past 225, Subpart
B
and/or Subpart
F,
by the
applicable dates specified
by these rules.
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-022 * * * * *
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, Subpaxt
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 boilers, 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 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 systems, 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 systems including storage and
handling of sorbent, in a manner consistent with good air pollution
control practice for minimizing emissions from the existing coal-fired
boilers 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 boilers.
b. If the sorbent injection systems 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 each
affected boiler with the status of the system.
5a.
The Permittee shall maintain following records for the coal supply for
the affected boilers:
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 boilers for
its mercury content.
ii. Records of mercury and heat content of the current coal supply to
the affected boilers, 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
each affected boiler:
i.
An
operating log ow other records for the system that, at a
minimum, identify the sorbent that is being used, the setting(s)
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-022 * * * * *
Page 3
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 boilers:
i.
All applicable records required by 35 IAC Part 225, by the dates
specified
in
the rules, related of monitoring mercury emissions.
ii. ~uring the period before the Permittee is required to conduct
monitoring for the mercury emissions of the affected boilers
pursuant to
35 IAC Part 225, the Permittee shall maintain records
of any mercury emission data collected for
the affected boilexs,
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
5
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
CMPP
pemit 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
systems on affected boilers start operating.
8.
The
IllinoisEPAhasdeterminedthatthisproject,
as'describedinthe
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
EPAts 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, Illinof s
62794-9276
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-022 * * * * *
Page
4
-
and one copy
shall
be sent
to
the Illinois EPAts 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 boilers may be operated with sorbent injection
systems
pursuant to this construction permit until an operating permit becomes
effective
that
addresses operation
of
these boilers with these systems.
If you have any questions on this permit, please call
Kunj
Patel
at
217/782-2123.
Edwin C. Bakowski, P.E.
Date
Signed:
Acting Manager, Permit Section
Division of Air Pollution Control
ECB:CPR:KMP:
jws
cc: Region
1
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-022 * * * * *
S'TA1-E
OF
ILLINOIS
ENVIRONMENTAL PROTECTION
AGENCY
DIVISION
OF
AIR
POLLUTION CONTROL
P.
0.
BOX 19506
SPRINGFIEL-D, ILLINOIS
62794-9506
STANDARD CONDITIONS FOR
Cci)N8TRUQI'IC'IONIK)EVELOPMENT
PERMITS
.
ISSUED BY THE ILJJINO'I~ ENVIBONM@NTBL PIRBTE@Tl.ON AGENCY
The
July
Illinois
1, 1985
Environmentt~.l Protection
Act
(Illinois
Revised
Statutes,
1
Chapter
111-1/2,
Section 1039) authorizes
the
Environmental Protection Agency to impose conditions on
pertnits
which it
issues.
The following
conditions
are applicable
unless susperseded
by apecial
condition(s1.
1.
Unless this perlnit has been
extended or it
has been
voided by
a
newly
issued permit,
thie
permit
will
expire
one
year
from the date of issuance, uille~js a conti~luous 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 eornpliance
with applicable provisions
of
the Illin-ois Environmental Protection
Act
and
Regulations
adopted by the
XlIinois
Volhtion
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 permi
'c.
issued.
4.
The permittee shall allow
arry
duly authorized
agent of the Agency
upon the presentation
of credentials,
at
reasonable
tinzos
:
a.
to enter the permitter's property where actual or potential
effluent,
emission or noise sources
are
located or
where anj7
actj.vi'r,,y
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,
I
c.
t~
i~xspect,
inc1udj.ng during
a~y
hours of operation
of
equipment constructed or
operated under this permit,
such
cqrrign~siat
and.
any
equipment required
to
be kept, used, operated,
calibrated
and maintained
under
this
pen.ni t,
d, to obtain and remove sainples 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 acti.vity, discharge, or emission authorized by this
permit.
5.
'The
a.
shall
issuance
not
of
he
Lh.is
considered
permit:
as in any
mailner
affectrng the title
of
the
premises
upon which. the
permitted
l
facilities
are
to
be
f.oca%ed,
b.
does not release the permittee from
any
Iiability for
damage to
person or
property caused
by
or
resulting
from
c. does
the cons.tx.u.ction,
not reetease the
maintenance,
permittee
from
or operation
compliance
of the
with
proposed
other
applicable
facilities,
statutes and regulations of the
United
I
I
Statas,
of
the
Sea-te
of Illinois,
or
with
a.pplicable
local laws, ordinances
and regulations,
1
!L
d.
532-0226
does not take int,o consideralion or attest to the structural stability of any units or parta of the
project, and
I
APC
--_.---....
166
Rev.
5/99
I---.--
#aw-
Printed on Recycled
Paper
090006
1
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-022 * * * * *
e.
in no
manner
implies or ~uggests that the
Agency
for
its officers,
agents
or employees) asaumes any liability,
directly or indirectly, for any
1088
due
to
damage, inatallation, maintenance, or operation of the proposed
equipment or facility.
6.
a.
Unless a
joint
construction/operation permit has
been issued,
a permit for operation shall be obtained from
the Agency before the equipment covered
by
thie permit
is
placed
into
operation.
b.
For purposes of shakedown
and
testing,
unless
otherwi~e specified by a special permit condition, the equip-
ment covered under this
permit
may
be
operated for a period not to
exceed
thirty (30)
days.
7.
The Agency may file a complaint with
the
Board for modification, suspension or revocation of a permit:
a.
upon discovery that the
permit
application contained misrepresentatiom, misinformation or false statements
or that all relevant facts were not disclosed, or
b.
upon
finding that any standard or special conditions have been violated,
or
I
c.
upon any violations of the Environmental Protection Act or any
regulation
effective
thereunder
as a result of'
the construction or development authorized by this permit.
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-022 * * * * *
DIRECTORY
ENVIRONMENTAL
PROTECTION
AGENCY
BUREGU OF AIR
For
assistance
in
preparing
a
permit
application contact
the Permit
Section.
I1
1 i
nois
Environmental Protection
.Agency
Division of Air Pollution
Control
Permit
Section
1021 N.
'
Grand Ave E.
P,O.BO~ 1950.6
,
Springfield
,
Illinois
62794-9506
or
a
regional
office of
the
.
Field Operations
Section.
The
regional
offices
and their
areas
of
responsibility 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
9511 West Harrison
Des
Plaines
,
IIlinois.
50016
847f 294-4000
Illinois EPA
Rcgion
2
5415
North
University
Peoria, f 1 linois
62614-d
309/693-5463
'
Illinois
EPA
:Region
3
2009
Mall Street
-
Collinsville,
Illinois
62234
618/346-5120
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-022 * * * * *
ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY
1021 NORTH GRAND AVENUE EAST, P.O. BOX 19506, SPRINGFIELD, ILLINOIS
62794-9506 - (21
ROD R. BLAGOJEVICH,
GOVERNOR
DOUGLAS
P. SCOTT, DIRECT
CONSTRUCTION PERMIT
PERMITTEE
Midwest Generation EME, LLC
-
Will County Generating Station
Attn: Andrea Crapisi
440 South
LaSalle Street, Suite 3500
Chicago, Illinois 60605
Application No.: 07060011
I.D. No.:
197810AAK
Applicant's Designation:
Date Received: June 4, 2007
Subject: Sorbent Injection Systems for Units
3 and 4
Date Issued: August
8, 2007
Location: Will County Generating Station, 529 East
135~~
street, Romeoville
Permit is hereby granted to the above-designated Permittee to CONSTRUCT
equipment consisting of a sorbent injection system to control mercury
emissions for each of the Unit 3 and 4 boilers, 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 systems for
each of the existing coal-fired boilers for Units 3 and 4 (affected
boilers). The new sorbent injection systems would control mercury
emissions by injecting sorbent,
i.e., halogenated activated carbon,
into the flue gas from these existing coal-fired boilers prior to the
electrostatic precipitators
(ESPs) for each 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 boilers 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
boilers 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
I
C. This permit does not authorize any modifications to the affected
boilers or generating units, which would increase capacity or potential
emissions.
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-022 * * * * *
Page 2
I
b. This permit does not affect the authorizations in existing operating
permits for the affected boilers, 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 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 systems, 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 systems including storage and
handling of sorbent, in a manner consistent with good air pollution
control practice for minimizing emissions from the existing coal-fired
boilers and the source.
ii.
LUL
"?-Y-nY.+-
LL.lL1.
-:>-
LC-UI
1
the. srCn-ted bc:
l--<-
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. .. . .
..
-
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. . ..
.. .
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.
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-R.r
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i-
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.I...,,.?..
u
,
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u
. ..
.A.
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*
.L L*
,I-W.1..
\-la,-
LiddWL-
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rr
.
PC\
Ud
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L.U
I;Uv'-
h-7~~
L<-riLUI--
~.fi~.~-~~+7tl~
Ll-C*
t
c\F
th
- .-
ST-
-
1
r.,
111. UL
L.
243p11.'.
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-022 * * * * *
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
systems on affected boilers start 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
EPAfs 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
and one copy shall be sent to the Illinois
EPAfs regional office at the
following address unless otherwise indicated:
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-022 * * * * *
Page 4
Illinois Environmental Protection Agency/Regional Office
Division of Air Pollution Control
9511 West Harrison
Des
Plaines, Illinois 60016
10. The affected boilers may be operated with sorbent injection systems
pursuant to this construction permit until an operating permit becomes
effective that addresses operation of these boilers with these systems.
If you have any questions on this permit, please call
Kunj Pate1 at 217/782-
2113.
Edwin C. Bakowski, P.E.
Acting Manager, Permit Section
Division of Air Pollution Control
Date Signed:
ECB:CPR:KMP: jws
cc: Region 1
Electronic Filing, Received, Clerk's Office, September 6, 2007
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CERTIFICATE OF SERVICE
I, the undersigned, certify that on this 5th day of September, 2007, I have served
electronically the attached
APPEAL OF CONSTRUCTION PERMIT FOR THE
INSTALLATION OF ACTIVATED CARBON INJECTION SYSTEMS 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
SCHIFF
HARDIN, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
3 12-258-5500
Electronic Filing, Received, Clerk's Office, September 6, 2007
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