BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
AMEREN ENERGY GENERATING
COMPANY, AMERENENERGY
RESOURCES GENRATING COMPANY,
AND ELECTRIC ENERGY, INC.,
Petitioners,
v.
ILLINOIS ENVRIONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 09-021
(Variance-Air)
NOTICE
John Therriault, Assistant Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 6060 I
Bradley Halloran, Hearing Officer
Illinois Pollution Control Board
James
R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago,
IL 6060 I
Renee Cipriano
Kathleen Bassi
Amy Antoniolli
Schiff Hardin, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, IL 60606
PLEASE
TAKE NOTICE that I have today filed with the office of the Clerk of the Pollution
Control Board a, MOTION FOR LEAVE
TO FILE REPLY and REPLY, copies of which are herewith
served upon you.
Respectfully submitted,
.
1
Managing Attorney
Illinois Environmental Protection Agency
Division
ofLegal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, lllinois 62794-9276
217.782.5544
217.782.9143 (TDD)
Dated: December 4, 2008
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
W
-
~
Electronic Filing - Received, Clerk's Office, December 4, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
AMEREN ENERGY GENERATING
COMPANY,AMERENENERGY
RESOURCES GENRATING COMPANY,
AND ELECTRIC ENERGY, INC.,
Petitioners,
v.
ILLINOIS ENVRIONMENTAL
PROTECTION AGENCY,
Respondent.
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)
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PCB 09-021
(Variance-Air)
MOTION FOR LEAVE TO FILE REPLY
NOW COMES the lllinois Environmental Protection Agency ("Illinois EPA") by one
of its attorneys, John J. Kim, and, pursuant to 35
llJ.
Adm. Code 101.500, 101.502, and the
Illinois Pollution Control Board's("Board") Hearing Officer'sOrder dated November 24,
2008, hereby files this Motion for Leave to File Reply to the Response
of AMEREN
GENERATING COMPANY, AMERENENERGY RESOURCES GENERATING
COMPANY, and ELECTRIC ENERGY, INC. (collectively, "Ameren"
or "Petitioners"), to
the lllinois
EPA'sRecommendation to Petitioners' Petition for Variance from certain
requirements
ofthe Multi-Pollutant Standard ("MPS"), 35
llJ.
Adm. Code 225.233.
In
support of its Motion, the Illinois EPA states as follows:
1.
On October 1, 2008, Petitioners filed a Petition for Variance from a provision
of the MPS, 35 Ill. Adm. Code 225.233, for a period beginning January 1, 2013, through
December 31, 2014.
2.
On November 17,2008, the Illinois EPA filed a Recommendation with the
Board pursuant to Section 37(a)
ofthe Illinois Environmental Protection Act ("Act") (415
Electronic Filing - Received, Clerk's Office, December 4, 2008
ILCS 5/37(a)) and Section 104.216 of the Board'sprocedural rules (35
Ill.
Adm. Code
104.216).
In
the Recommendation, the Illinois EPA included all requisite information as
required
by Section 104.216(b).
3.
On November 24,2008, counsel for the parties participated in a telephonic
status conference with the Board'sassigned Hearing Officer. During that conference,
counsel for the Illinois EPA slated its intent and desire to file a Reply to the Response that
was anticipated to be filed by Ameren. The Hearing Officer noted the request, and in an
order dated November 24,2008, memorialized the Illinois EPA'santicipation
of filing this
Motion and the accompanying Reply by December 3, 2008.
4.
On November 25, 2008, Ameren filed a Response to the Illinois EPA's
Recommendation.
In
the Response, Ameren addressed certain issues and concerns raised by
the lllinois EPA in its Recommendation.
5.
As anticipated, the Illinois EPA is filing with this Motion a Reply to the
Response filed
by Ameren. The Reply is necessary to respond to the information within the
Response and to make clear to the Board the Illinois EPA'sposition that it does not object to
the Board granting a variance in this proceeding so long
as the agreement in the Response to
substitute a particular emission rate for one otherwise set forth in the Petition is included in
the variance.
WHEREFORE, for the reasons set forth above, the Illinois EPA hereby respectfully
requests that the Board grant it leave to file a Reply to the Response to the Recommendation
in this matter.
2
Electronic Filing - Received, Clerk's Office, December 4, 2008
Dated: December 4, 2008
1021 North Grand Ave. East
P.O. Box 19276
Springfield,
IL
62794-9276
217.782.5544
3
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent
B~J~4i~
Managing Attorney
Division
of Legal Counsel
Electronic Filing - Received, Clerk's Office, December 4, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
AMEREN ENERGY GENERATING
COMPANY, AMERENENERGY
RESOURCES GENRATING COMPANY,
AND ELECTRIC ENERGY, INC.,
Petitioners,
v.
ILLINOIS ENVRIONMENTAL
PROTECTION AGENCY,
Respondent.
REPLY
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)
)
)
)
)
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PCB 09-021
(Variance-Air)
NOW COMES the Illinois Environmental Protection Agency ("Illinois EPA") by one
ofits attorneys, John J.
Kim,
and, pursuant to the Illinois Pollution Control Board's
("Board") Hearing Officer's Order dated November 24,2008, hereby files this Reply to the
Response
of AMEREN GENERATING COMPANY, AMERENENERGY RESOURCES
GENERATING COMPANY, and ELECTRIC ENERGY, INC. (collectively, "Ameren" or
"Petitioners"), to the Illinois
EPA's Recommendation to Petitioners' Petition for Variance
from certain requirements
of the Multi-Pollutant Standard ("MPS"), 35
Ill.
Adm. Code
225.233.
In
support of its Reply, the Illinois EPA states as follows:
1.
On October 1,2008, Petitioners filed a Petition for Variance from a provision
ofthe MPS, 35
Ill.
Adm. Code 225.233, for a period beginning January 1, 2013, through
December
31,2014.
2.
On November 17,2008, the lllinois EPA filed a Recommendation with the
Board pursuant to Section 37(a)
of the Illinois Environmental Protection Act ("Act") (415
ILCS 5/37(a» and Section 104.216
of the Board'sprocedural rules (35
Ill.
Adm. Code
Electronic Filing - Received, Clerk's Office, December 4, 2008
104.216).
In
the Recommendation, the Illinois EPA included all requisite information as
required
by Section 104.216(b).
3.
In
the Recommendation, the illinois EPA stated several times that following
the filing
of the Petition by the Petitioners, the Illinois EPA and the Petitioners continued
with discussions that had been initiated prior to the filing
ofthe Petition and had not ceased
with the filing. As a result
ofthose continuing discussions, the Illinois EPA and Ameren
reached an understanding
as to the variance petition'sproposed relief.
4.
As noted in paragraphs 33, 40, 47, 49, 50, and 53, the Illinois EPA represented
that it would not object to the Board granting a variance to Ameren so long as the conditions
originally proposed in the Petition are modified to include a system-wide annual average
sulfur dioxide ("SOz") emission rate
of 0.43 pounds per million British thermal units
("lb/mmBtu") for the period from January 1,2014, through December 31, 2014,
as opposed
to the 0.44 Ib/mrnBtu rate proposed in the Petition.
5.
On November 25,2008, Ameren filed a Response to the Illinois EPA's
Recommendation.
In
the Response, Ameren addressed certain issues and concerns raised by
the Illinois EPA in its Recommendation.
6.
The Illinois EPA acknowledges the Response filed by Ameren and the
statements and information therein. The Illinois EPA is not amending or otherwise
modifying the content
ofits Recommendation based on any information or statements
contained in Ameren'sResponse, as it is the Board'spurview to consider the substance
of the
Petition, Recommendation, Response and this Reply in the course
ofrendering its decision.
7.
However, the Illinois EPA is unable to reply to statements contained within
the Response relating to Ameren's credit situation in the current economic market because
2
Electronic Filing - Received, Clerk's Office, December 4, 2008
the Illinois EPA does not have any information in its possession to either contradict or
confirm Ameren's representations.
8.
While the Illinois EPA does not believe statements within its
Recommendation were seemingly inconsistent
as characterized by the Petitioners, it does
direct the Board'sattention to the important and overriding subject matter in which all parties
are in agreement. Specifically, the llIinois EPA notes that Ameren has agreed that the
variance being requested should include the system-wide annual average S02 emission rate
of 0.43
IbfmmBtu
for the period from January 1, 2014, through December 31,2014.
9.
Given that agreement by Ameren to include the 0.43
IbfmmBtu
emission rate
for S02, along with the other commitments and conditions proposed
by Ameren in the
Petition, the Illinois EPA hereby makes clear to the Board that it does not object to the
variance being sought
by Ameren.
WHEREFORE, for the reasons set forth above, the Illinois EPA reiterates and further
clarifies its Recommendation and states that it does not object to the Board granting the
variance as presented and requested by Petitioners, including the agreement made in the
Response to modify the Petition
as described herein.
3
Electronic Filing - Received, Clerk's Office, December 4, 2008
Dated: December 4, 2008
1021 North Grand Ave. East
P.O. Box 19276
Springfield, IL 62794-9276
217.782.5544
4
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
::'/jL2
~"""""==---
~
Managing Attorney
Division
of Legal Counsel
Electronic Filing - Received, Clerk's Office, December 4, 2008
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on December 4, 2008, I served true
and correct copies
of a MOTION FOR LEAVE TO FILE REPLY and REPLY, by electronically
filing with the Illinois Pollution Control Board and by placing true and correct copies in properly
sealed and addressed envelopes and
by depositing said sealed envelopes in a U.S. mail drop box
located within Springfield, Illinois, with sufficient First Class postage affixed thereto, upon the
following named persons:
John Therriault, Assistant Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Renee Cipriano
Kathleen Bassi
Amy Antoniolli
SchiffHardin, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago,
IL 60606
Bradley Halloran, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago,
IL
60601
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
John
Ro~
Kim
~
Managing Attorney
Illinois Environmental Protection Agency
Division
of Legal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217.782.5544
217.782.9143 (TDD)
Electronic Filing - Received, Clerk's Office, December 4, 2008