BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
SECTION
27 PROPOSED RULES FOR
NITROGEN OXIDE (NOx) EMISSIONS
FROM STATIONARY RECIPROCATING
INTERNAL COMBUSTION ENGINES AND
TURBINES: AMENDMENTS TO 35 ILL.
ADM. CODE PARTS 211 AND 217
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R07-19
(Rulemaking - Air)
NOTICE OF FILING
TO:
Mr. John Therriault
Assistant Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
(VIA ELECTRONIC MAIL)
Mr. Tim Fox
Hearing
Officer
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
(VIA ELECTRONIC MAIL)
(SEE
PERSONS ON ATTACHED SERVICE LIST)
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of
the Illinois Pollution Control Board the
COMMENTS OF THE ILLINOIS
ENVIRONMENTAL REGULATORY GROUP and MOTION TO FILE FIRST
NOTICE COMMENTS INSTANTER,
copies of which are herewith served upon you.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
REGULATORY GROUP,
By:
/s/ N. LaDonna Driver
Dated: February
6,2009
N. LaDonna Driver
N. LaDonna Driver
HODGE DWYER ZEMAN
3150 Roland Avenue
Post
Office Box 5776
Springfield, Illinois 62705-5776
(217)
523-4900
Alec M. Davis
General Counsel
Illinois Environmental Regulatory Group
215 East Adams
Street
Springfield, Illinois 62701
(217) 522-5512
THIS FILING SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, February 6, 2009
CERTIFICATE OF SERVICE
I, N. LaDonna Driver, the undersigned, hereby certify that I have served the
attached
COMMENTS OF THE ILLINOIS ENVIRONMENTAL REGULATORY
GROUP
and MOTION TO FILE FIRST NOTICE COMMENTS INSTANTER
upon:
Mr. John Therriault
Assistant Clerk
of the Board
Illinois
Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
via electronic filing and by depositing said documents in the United States Mail, postage
prepaid, in Springfield, Illinois, on February
6,2009; and upon:
Mr. Tim Fox
Hearing
Officer
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Rachel 1. Doctors, Esq.
Illinois Environmental
Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
via electronic mail on February
6, 2009.
Renee Cipriano, Esq.
Kathleen C. Bassi, Esq.
Joshua
R. More, Esq.
Schiff Hardin, LLP
6600 Sears
Tower
233
South Wacker Drive
Chicago, Illinois 60606-6473
/s/ N. LaDonna Driver
N. LaDonna Driver
IERG:OOllR DocketslFilIR07-19/NOF-COS- IERG Comments and Motion to File Instanter
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
SECTION
27 PROPOSED RULES FOR
NITROGEN OXIDE (NOx) EMISSIONS
FROM STATIONARY
RECIPROCATING
INTERNAL
COMBUSTION ENGINES AND
TURBINES: AMENDMENTS
TO 35 ILL.
ADM.
CODE PARTS 211 AND 217
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R07-19
(Rulemaking - Air)
MOTION TO FILE FIRST NOTICE COMMENTS INSTANTER
NOW COMES the Illinois Environmental Regulatory Group ("IERG"), by one of
its attorneys, N. LaDonna Driver of HODGE DWYER ZEMAN, and Alec M. Davis of
IERG, and pursuant to 35 Ill. Admin. Code ยง 101.522, hereby moves the Illinois
Pollution Control Board
("Board") or the Hearing Officer to grant this Motion to File
First Notice Comments Instanter. In support
of the Motion, IERG states as follows:
1.
Hearings in this proceeding occurred on April 9, 2008, and May 7, 2008.
IERG submitted post-hearing comments on June 9, 2008. On September 16,2008, the
Board adopted the proposed rule for First Notice.
2.
Public comments were due 45 days from the date of publication for the
First Notice. First Notice was published in the Illinois Register on
October 31, 2008 (32
Ill. Reg. 17035). Comments in this proceeding were due
on Monday, December 15,
2008.
3.
On December 12,2008, IERG and IMEA filed a motion for extension of
time for the comment period until January 31, 2009, to which counsel for the Illinois
EPA and the Pipeline Consortium reviewed and consented. The purpose
of this extension
Electronic Filing - Received, Clerk's Office, February 6, 2009
was to allow the parties time to agree upon proposed changes to the language of the
proposed rule and file
ajoint comment.
4.
On January 23, 2009, the Hearing Officer granted the extension of time
until February
2, 2009.
5.
On February 2,2009, the Hearing Officer was notified that the parties
needed a short period
of time to conclude discussions for their joint comment. Illinois
EPA filed comments on February 5, 2009, that included language agreed to by all parties,
except for the replacement unit language for averaging plans at Section 217.390(a)(2)(A).
6.
IERG opposes Illinois EPA's requirement that replacement units that have
lower emissions must have the same purpose as the unit being replaced.
7.
IERG's comments address this issue and provide language that we urge
the Board to include at Second Notice.
WHEREFORE, IERG requests that the Board or the Hearing Officer grant this
Motion to File First Notice Comments Instanter and accept these comments as timely
filed.
Respectfully submitted,
By:
/s/
N. LaDonna Driver
Dated: February 6,
2009
N. LaDonna Driver
N. LaDonna Driver
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois
62705-5776
(217) 523-4900
IERG:OOIIR Dockets/FillR07-19lMotion to File Instanter
Alec M. Davis
General Counsel
Illinois Environmental Regulatory Group
215 East Adams Street
Springfield, Illinois
62701
(217) 522-5512
2
Electronic Filing - Received, Clerk's Office, February 6, 2009
* * * * * PC #9 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
SECTION
27 PROPOSED RULES FOR
NITROGEN OXIDE (NOx) EMISSIONS
FROM STATIONARY
RECIPROCATING
INTERNAL
COMBUSTION ENGINES AND
TURBINES: AMENDMENTS TO 35 ILL.
ADM.
CODE PARTS 211 AND 217
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)
)
)
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)
R07-19
(Rulemaking - Air)
COMMENTS OF THE ILLINOIS ENVIRONMENTAL REGULATORY GROUP
NOW COMES the Illinois Environmental Regulatory Group ("IERG"), by one of
its attorneys, N. LaDonna Driver of HODGE DWYER ZEMAN, and Alec M. Davis of
IERG, and submits the following comments in the above-referenced matter:
I.
INTRODUCTION
IERG is a not-for-profit Illinois corporation, affiliated with the Illinois Chamber
of Commerce, and was organized to promote and advance the interests of its members
before governmental agencies, such
as the Illinois Environmental Protection Agency
("Illinois EPA"), and before the Illinois Pollution Control Board ("Board"). IERG's
members include companies engaged in industry, commerce, manufacturing, agriculture,
trade, transportation, or other related activities, and which persons, entities, or businesses
are regulated by governmental agencies that promulgate, administer or enforce
environmental laws, regulations, rules or other policies.
Following submission
of Pre-Filed Testimony of Deirdre
K.
Himer, the Executive
Director
of IERG, Ms. Himer testified at the April 9, 2008 Hearing in this rulemaking.
IERG submitted post-hearing comments
on June 9, 2008, following the hearings on
April
9, 2008 and May 7,2008.
On September 16, 2008, the Board adopted the proposed rule for First Notice,
which was published in the Illinois Register on
October 31, 2008. Comments on First
Notice were originally due on December
15,2008. The parties were discussing several
changes to the proposed rule that could be included in a joint comment. Therefore, the
parties obtained an extension
of time to file First Notice comments until February 2,
2009.
In trying to resolve a few remaining issues, the Hearing Officer was notified that
comments would be arriving on or before February
6,2009. On February 5, 2009,
Illinois EPA filed comments that included the parties' agreement on proposed language
revisions, except for Section 217.390(a)(2)(A). This provision excludes units from
averaging
if they commence operation after January 1 2002, unless the units are
replacement units. Section 217.390(a)(2)(A) defines the units qualifying as replacement
units that can participate in averaging plans. IERG and Illinois
EPA do not agree on the
terms
of this provision, as explained more fully below.
II.
COMMENTS
IERG requests that the following language be used as the second sentence in
Section 217.390(a)(2)(A):
The new unit or units must be used for the same purpose having
substantially equivalent or less process capacity, or the new unit or units
must be permitted for less
NOx emissions on an annual basis than the
actual NOx emissions of the unit or units that are replaced.
IERG requests this change in order for the averaging plan to promote, rather than
hinder, environmental benefit and energy efficiency. Illinois
EPA's provision states that
new units cannot participate in averaging unless they are used for the same purpose as the
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Electronic Filing - Received, Clerk's Office, February 6, 2009
* * * * * PC #9 * * * * *
units they are replacing and either they have substantially the same or less process
capacity or less
NOx emissions than the replaced units. In the case ofthe emissions
qualifier, the replacement units must still have the same purpose as the replaced units,
under Illinois
EPA's language. IERG believes this is a flawed concept, as set forth
below.
First, Illinois EPA's language as to
"same purpose" is dangerously vague. By
way
of example, assume a facility has Unit A that provides power to an existing Process
A, and the facility uses Unit A in an averaging plan with other units at the facility. The
facility considers installing Unit B in Process B that can provide power to Process A and
Process B, placing Unit A in standby mode. This approach is beneficial as it would bring
a more efficient power source to greater portions
of the facility. This is a critical concern
as facilities are striving to find creative solutions to meet their operational needs while
maximizing energy efficiency and minimizing environmental concerns
of the present and
the future (e.g., greenhouse gases). Further in that regard, the new unit would likely be
subject to a myriad
of programs such as New Source Performance Standards and possibly
New Source Review, thus decreasing overall emissions.
However, under Illinois
EPA's "same purpose" language, the new Unit B may not
be allowed to participate in averaging to replace Unit
A, because Unit B not only
provides power to Process A (as Unit A did) but also provides power to Process
B. IERG
believes that Illinois EPA would therefore conclude that Unit B does not have
the "same
purpose"
as Unit A. This would prohibit Unit B from replacing Unit A in an averaging
plan. Thus, a more energy efficient and environmentally beneficent scenario is penalized
and may be rej ected by the facility because
of Illinois EP A's language.
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Electronic Filing - Received, Clerk's Office, February 6, 2009
* * * * * PC #9 * * * * *
Second, Illinois EP A states that it does not agree with this revision suggested by
IERG due to concerns with debottlenecking
of downstream units. However,
debottlenecking is a New Source Review concept, which ensures that emissions from
debottlenecked units are accounted for during permitting. IERG would like to point out
that this is supposed to be a regulation for Reasonably Available Control Technology,
which does not include a debottlenecking concept. Putting that issue aside, the language
supported by the parties already requires that permitting for the new units will occur, i.e.,
"the new unit or units must be permitted for less NOx emissions on an annual basis than
the actual
NOx emissions of the unit or units that are replaced." Within that permitting
process, any emissions resulting from debottlenecking will be addressed. Therefore,
Illinois EP
A's concern in this regard is misplaced.
As a further illustration of the Illinois EPA's misplaced emphasis on the use of
Subpart
Q
to address the debottlenecking issue, if in the example presented previously
Unit A is not participating in an averaging plan and is replaced by a new Unit B that
fulfills the power requirements for Process A and Process B, the debottlenecking
concerns expressed
by the Illinois EPA do not go away simply because there are no
averaging plan considerations. Instead, as stated by IERG previously, these concerns are
properly addressed by the permitting program through the application of rules and
regulations designed for that purpose.
As more and more regulatory requirements arise, facilities are under increasing
pressure to find ways to take advantage of technology to promote overall efficiency,
while considering emission effects. Emissions averaging is a crucial tool to meet those
needs. IERG urges the Board not to encourage facilities to reject efficient and
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Electronic Filing - Received, Clerk's Office, February 6, 2009
environmentally advantageous projects, simply because of Illinois EPA's preferred "same
purpose"
restriction in this rule. Instead, IERG requests that the Board include IERG's
suggested language as the second sentence in Section 217.390(a)(2)(A).
III.
CONCLUSION
IERG appreciates the opportunity to participate in this proceeding, and
respectfully requests that the Board take these additional comments into consideration.
Dated: February 6,
2009
N. LaDonna Driver
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217)
523-4900
lERG:OOIIR
DocketslFillR07-19/IERG
Comments
Respectfully submitted,
By:
/s/ N. LaDonna Driver
N. LaDonna Driver
Alec
M. Davis
General Counsel
Illinois Environmental Regulatory Group
215 East Adams Street
Springfield, Illinois
62701
(217) 522-5512
5
Electronic Filing - Received, Clerk's Office, February 6, 2009
* * * * * PC #9 * * * * *