BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MIDWEST GENERATION, LLC
-
)
JOLIET GENERATING STATION,
)
)
Petitioner,
1
1
V.
)
PCB 08-
)
(Permit Appeal
-
Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
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 2008-024 * * * * *
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 2008-024 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MIDWEST GENERATION, LLC
-
)
JOLIET GENERATING STATION,
)
1
Petitioner,
)
)
V.
)
PCB 08-
)
(Permit Appeal
-
Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
1
)
Respondent.
)
APPEARANCE
I, Kathleen C. Bassi, hereby file my appearance in this proceeding on behalf of Petitioner,
Midwest Generation,
LLC
-
Joliet Generating Station.
Schiff
Hardin LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
3
12-258-5500
kbassi@,schiffhardin.com
Dated: September 5,2007
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-024 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MIDWEST GENERATION, LLC
-
1
JOLIET GENERATING STATION,
)
)
Petitioner,
)
)
V.
)
PCB 08-
)
(Permit Appeal
-
Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
1
)
Respondent.
)
APPEARANCE
I, Stephen J. Bonebrake, hereby file my appearance in this proceeding on behalf of
Petitioner, Midwest Generation, LLC
-
Joliet Generating Station.
6600 Sears Tower
23
3
South Wacker Drive
Chicago, Illinois 60606
3 12-258-5500
Dated: September 5,2007
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-024 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MIDWEST GENERATION, LLC
-
)
JOLIET GENERATING STATION,
)
)
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
-
Joliet Generating Station.
Schiff
Hardin LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
3 12-258-5500
szabel~,schiffhardin.com
-
Dated: September 5,2007
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-024 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MIDWEST GENERATION, LLC
-
)
JOLIET GENERATING STATION,
)
)
Petitioner,
)
)
V.
)
PCB 08-
)
(Permit Appeal
-
Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
1
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
-
JOLIET 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
(415 ILCS
5/39(a)) and 35 111.Adm.Code
5
201 .I42 ("the construction permit") and attached
hereto as Exhibit 1. 35
111.Adm.Code
5
105 -21 0(a) and (b). Petitioner received the construction
permit on August 13,2007. See Exhibit 1. Pursuant to Section
39(a) of the Act and 3 5
111.Adm.Code
€j
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
13.
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-024 * * * * *
I. BACKGROUND
(35 I11.Adm.Code
5
105.304(a))
1.
The Joliet Generating Station ("Joliet" or the "Station"), Agency I.D. No.
197809AA0, is an electric generating station owned by Midwest Generation, LLC, and operated
by Midwest Generation, LLC
-
Joliet Generating Station. The Joliet electrical generating units
("EGUs") went online between 1959 and 1966. The Joliet Generating Station is located at 1800
Channahon Road, Joliet, Will County, Illinois 60436, within the Chicago ozone and
~~2.5~
nonattainment
areas. Joliet is an intermediate load plant and can generate approximately 1460
megawatts. Midwest Generation employs 240 people at the Joliet Generating Station.
2.
Midwest Generation operates five coal-fired boilers at Joliet that have the
capability to fire at various modes that include the combination of coal, natural gas,
andlor fuel
oil as their principal fuels. In addition, the boilers fire 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. Joliet also operates associated coal handling, coal processing,
and ash handling activities. Finally, there two 1,500-gallon gasoline tanks located at Joliet, 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 Joliet 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 2008-024 * * * * *
4.
Joliet 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 Joliet on September 29,2005. Subsequently,
on November 2, 2005, Midwest Generation timely appealed the CAAPP permit for Joliet at PCB
06-058. 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
100110-65(b)) ("APA") and the holding in Borg- Warner Corp. v. Mauzy, 427 N.E. 2d 41 5
(111.App.Ct. 198 I), the CAAPP permit is stayed, upon appeal, as a matter of law. Order, Midwest
Generation,
LLC, Joliet Generating Station v. Illinois Environmental Protection Agency, PCB
06-058 (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
SO2, 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 2008-024 * * * * *
the Agency and Midwest Generation filed a joint comment providing the regulatory language for
Subpart F, including amendments to that language. R06-26, PC
#
1 1. 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
5
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
§
225.230(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,
5
225.61 0.
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 Joliet's Units 6, 7, and
8 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 2008-024 * * * * *
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 10011 0-65, and the holding in Borg- Warner Corp., the construction permit
issued by the Agency to Joliet 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. Joliet Generating
Station
v. Illinois Environmental Protection Agency, PCB 06-058 (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- 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
01 -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 96-1 08 (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 systems for Units
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-024 * * * * *
6, 7, and 8 at the Joliet 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
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
§§
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 2008-024 * * * * *
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
6, 7, and 8.
. . ."
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 2008-024 * * * * *
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
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 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 2008-024 * * * * *
rule; it does not provide for implementation of the mercury rule through a construction permit.
See 35 111.Adm.Code
§
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 2008-024 * * * * *
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 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 2008-024 * * * * *
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 Joliet 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 3 5
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
S(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
authority for the Agency to require such monitoring and recordkeeping. Requesting
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-024 * * * * *
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 5(b)(i).
27.
The ultimate purpose of the ACI systems that Midwest Generation seeks to install
is to reduce emissions of mercury from Joliet Units
6,7, and 8. 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)(1))
-
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 2008-024 * * * * *
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 2008-024 * * * * *
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 tons/year 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 Joliet, 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
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 1 5
(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 2008-024 * * * * *
35.
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 1
(b)(ii)). Part 212 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 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
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-024 * * * * *
this permit was issued. While the pertinent provisions of this construction permit will eventually
be rolled in to
Joliet'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 Joliet
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 2008-024 * * * * *
reporting requirements of Part 225, Subpart B andlor Subpart F, as applicable, at the time they
become applicable, during the pendency of this appeal.
Respectfully submitted,
MIDWEST GENERATION, LLC
-
JOLIET 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 12-258-2600
kbassi@,schiffhardin.com
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-024 * * * * *
EXHIBIT LIST
Exhibit No.
1
Construction Permit issued to the Joliet Generating Station August 8, 2007
Joliet Construction Permit, redlined to indicate the specific language Midwest
Generation requests be stayed
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-024 * * * * *
EXHIBIT
ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
ROD
K.
BLAGOIEVICH, GOVERNOR
DC)~.JC;LAS
P. SCOTT,
DIKEC:TCIR
1021
NORTE-I
GRANI)
AVCNIJE EAST,
P.0.
I~)x
19506,
SPKIMC;I~ICLI),
I~.I~INOIS
62794-8506 - (
21
7)
782-21
[c
13
I
217/782-2113
PERMITTEE
CONSTRUCTION PERMIT
Midwest Generatian
EME,
LLC
--
Joliet Generating Station
Attn: Andrea
Cxapisi
440 South LaSalLe Street, Suite 3500
Chicago, Illinois
60605
Application No.: 07060013
I.D. No.:
197809AAO
Applicant's Designation:
Date Received: June 4, 2007
Sub-: Sorbent Injection Systems for Units 6, 7, and 8
----
Date Issued: August 8, 2007
-"".".--...."-"-
Location: Joliet Generating Station, 2800 Channahon Road, Joliet
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 6,
7,
and 8 boilers, as described in the above
referenced application.
This Permit is subject to standard conditions
attached hereto and tho following special
condition(s):
la. This Pcrmit authorizes construction of sorbent injection systems
for
each of the existing
coal-fired
boilers for Units 6,
7
and 8 (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
erni.ssions
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
sorbent injection systems..
For this purpose emissions shall not
exceed
0.44 tons/year. However, the Permittee shall
comply
with
a11 applicable requirements of 35 Ill.
A&!.
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 Part
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 2008-024 * * * * *
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 TAC 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 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
consistenk 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 or 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 2008-024 * * * * *
Page
3
for sorbent
injection rate and each
pexiod 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. ~aintenance 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. During 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
fox the affected boilers,
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 ox
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 1llinoi.s 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 boilers 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, Illinois 62794-9276
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-024 * * * * *
Page 4
and one copy shall
be
sent to the Illinois EPAfs 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
217/782-2113.
---
J,
-/,<.
e4*#-'
,>..h-flF
~dwin
C. Bakowski, P.E.
Date Signed:
Acting Manager, Permit Section
Division
of
Air
Pollution Control
ECB:CPR:KMP: jws
cc: Region 2
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-024 * * * * *
STATE
OF ILLINOIS
ENVIRONMENTAL PROTECl-ION AGENCY
DIVlSlON OF
AIR
POLLUTION CONTROL
P.
0.
BOX
79506
SPRINGFIEL-D, ILLINOIS 62794-9506
STANDARD CBNDHTIONS FOR
COMSTRUCTION/DEVE');OPMENT
PERMITS
ISSUED
BY
THE ILLINOIS EN'VXROMMEMTAL PROTECTION AGENCY
July
1, 1985
The
following conditions are applicable
unless
suspersoded by special condition(s1.
I
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.
1.
Unless
this
permit
has
been
extei~ded 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.
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.
3.
There shall be
no
deviir
tions from the approved. plans and specifications
unless
a
written request for modification,
along with plans
and
specificaf;ions as required, shall
have
been submitted to the Agency
and
a
supplemental
written pern~it issued.
4.
The perm.itt;ee shall allow any duly auihorized agent of the
Agency
upon the presents-tion of
credentials,
at
reasona bfe times:
2.
to
e.r,ter the permittee's property val-rere actual or potential effluent, emission or noise sources are located or
wh..ere any activity is to be conducted pursuant to ellis 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.
to inspect, including during
acy
hours of operation
of
equipment constructed or operated under this permit,
su.clz oq~iip~nanl:
and
2.ny equipment
required to be kept;,
wed,
operated, calibrated and maintained under this
perxni
t,
d.
to obtain and remove samples of ally disclxarge or emissions of pollutants,
and
I
e.
to enter and. utilize
any
photographic, recording, testing, monitoring or other equipment for the purpose of
preserving, testing, monitoring, or recording any activity,
discho.'t'ge,
or ernisaion authorized by this
permit.
5.
'Yhe
issuance
of this permit:
a.
ahsll
not he 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 ca.used
by
or resulting
from
the cox~struction, rnaint;enance,
OF
operation of the
proposed facilities,
c.
does
not release the permititee from compliance with other
applicable
statutes and
regulations
of the United
States,
of the State
of
Illinois, or with
applicable
local laws, wdinances and
regulations,
I I
I
!L
d.
532-0226
does not take inta considerlttio~~
or attest
to
the structural stability of any units or parts of the
project, and
I
APC 166 Rev. 5/99
Printed
on
Recycled Paper
090006
1
-__Cl_-----l_l--...-
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-024 * * * * *
e.
in no manner implies or
suggests
that the
Agency
(or its officers,
agents
or employees) assumes any liability,
directly or indirectly,
for
any
lo88 due
to
damage, installation, maintenance, or operation of the propaed
equipment or facility.
6.
a.
Unless
a joint construction/operation permit haa been issued,
a
permit for operation shall be obtained from
the
Agency
before
the
equipment covered
by
this permit is placed into operation.
b. For purposes of shakedown and testing, unless otherwiee specified by a special pennit condition, the quip-
merit
covered
under
this permit may
be
operated for
a
period not
tc
exceed
thirty
(30)
days.
7.
The
Agency
may file a complaint with the Board for modification, euspension or revocation of
a
permit:
a.
upon discovery that the permit application contained misrepresentation&, misinformation or false
statements
or that aH relevant facts were not
disclosed,
or
b. upon finding that any standard or special conditions have been viola%& or
c.
upon
any
violations of the Environmental Protection Act or
any
regulation effective thereunder as a result of'
the construction or development a.uthorized
by
this
permit.
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-024 * * * * *
DIRECTORY
ENV
I
RONMENTAL PROTECTION AGENCY
BUREGU OF AIR
For assistance in
preparing
a
permit
appl
ication
contact the Permi t
Section.
I1
1 inoi s
Environmental
Protection
.Agency
Division
of Air Pollution Control
Permit
Section
1021; N.
'
Grand
Ave
E.
P.0, BO~
1950.6
;
. .
sprin;f ield
,
Illinois
62794
or a regional
office of the
Field Operations
Section.
The regional
offices
and
their
areas
of
responsibi
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
9511 West
Harrison
Des
Plaines,
I11inois.
60016
8478294-4000
Illinois EPA
Region
2
5515
North
University
Peoria,
112i
nois
61614-
309/693-5463
'
Illinois
EPA
'Region
3
2009
Mall Street
,
Collinaville, Illinois
62234
618/346-5120
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-024 * * * * *
CONSTRUCTION PERMIT
PERMITTEE
Midwest Generation EME, LLC
-
Joliet Generating Station
Attn: Andrea
Crapisi
440 South LaSalle Street, Suite 3500
Chicago, Illinois 60605
Application No.: 07060013
I.D. No.:
197809AAO
Applicant's Designation:
Date Received: June 4, 2007
Subject: Sorbent Injection Systems for Units
6, 7, and 8
Date Issued: August 8, 2007
Location: Joliet Generating Station, 1800 Channahon Road, Joliet
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 6, 7, and
8 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 6, 7 and
8 (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
.
,
.
Y.
,
-7 ..
. ..
sorbent injection systems.
Fzr
.- thi;
b,~.rpz:2;3
::r~;.ss.;.o::s
~hd.!..:.
r,c&
LL>
/
y
L>Ul
.
:!2~-Y7cr,
the;
Pcr~Llttec
~~'i1.L
-
7
ci'wly '++h
- -
ir:-x+e:lts
..
~f
,-
3
5 Ill.
2
P
- ,- 2 ,>I
<>
+I.,-
A
L
u.l~u
Tn-4 hC>nA'>
Llullu~
. . .
:--
I
-
+11y
r\F
V.l- JU.L.A/LI.AL.
-n.rh,-n.l-
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 2008-024 * * * * *
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.
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-024 * * * * *
ii. Maintenance and repair log or other records for the system that,
at a minimum, list the activities performed, with date and
description.
ii.
I
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.
I
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 boilers 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
EPArs 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
EPA's 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
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-024 * * * * *
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:
cc:
Region
Electronic Filing, Received, Clerk's Office, September 6, 2007
* * * * * PCB 2008-024 * * * * *
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
* * * * * PCB 2008-024 * * * * *