ILLINOIS POLLUTION CONTROL BOARD
February 5, 2008
DYNEGY MIDWEST GENERATION, INC.
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 09-48
(Variance - Air)
ORDER OF THE BOARD (by G.T. Girard):
On January 9, 2009, Dynegy Midwest Generation, Inc. (Dynegy) filed a petition
requesting a variance from the Board’s air regulations limiting emission of mercury.
Specifically, Dynegy seeks relief from the multi-pollutant standard (MPS) in Sections
225.233(c)(1)(A), 225.233(c)(2), 225.210(b) and (d), and 225.233(c)(5). Dynegy requested the
variance for its Baldwin Unit 3 coal-fired power plant in Randolph County. Dynegy has waived
hearing. The Board identifies several informational deficiencies in the petition and directs
Dynegy to file an amended petition to provide the additional information.
The Board finds that petitioners have not provided all of the information required by the
Board’s procedural rules for the contents of a petition for variance extension.
See
35 Ill. Adm.
Code 104.204, 104.210. The Board identifies, and directs petitioners to remedy, the following
informational deficiencies:
1.
Dynegy provided a map as Exhibit 1 to the petition from the Agency’s “Illinois
Annual Air Quality Report 2006” with the superimposed locations of Dynegy’s
power stations. Would Dynegy please indicate the nearest monitoring station as
well as the nearest downwind monitoring station maintained by the Agency that
are used for monitoring mercury emissions for each of Dynegy’s power stations
and identify the specific stations by name and location?
See
35 Ill. Adm. Code
104.204(b)(2).
2.
The petition on page 3 states, “SO
2
is currently generally controlled through the
use of low sulfur coal.” If possible, would you please quantify the amount and
type of coal used at each power station (Baldwin Unit 3, Havana Unit 6, and
Hennepin Unit 2) and indicate if that amount and type is expected to change
during the proposed variance period.
See
35 Ill. Adm. Code 104.204(b)(6).
3.
The “End Date” in the Sargent & Lundy calculations is March 6, 2010. Pet. Exh.
6. The proposed ending date for the variance is March 31, 2010. Would Dynegy
please indicate an estimate for how many days the multi-day outage would last for
2
the installation of the ACI system, dry scrubber, and new fabric filter system at
Baldwin Unit 3. If it is less than 15 days, would you please calculate the
additional potential mercury contribution to the 126.83-pound figure in Exh. 6 for
the additional days Baldwin Unit 3 would be operating without the ACI system.
See
35 Ill. Adm. Code 104.204(c).
4.
Dynegy estimates Baldwin Unit 3 would need 4 million pounds of sorbent at $1
per pound for the time period from July 1, 2009 through March 31, 2010. Pet. at
12-13. Under the proposed alternative, Dynegy estimates Havana Unit 6 and
Hennepin Unit 2 would use 2.5 million fewer pounds of sorbent than at Baldwin.
Pet at 15. Adding on the cost saved from not dismantling and relocating the ACI
system as well as not losing revenue from a multi-day outage in 2009, how much
over $2.5 million would Dynegy estimate the total expected savings might be
under the proposed variance?
See
35 Ill. Adm. Code 104.204(d).
Before this proceeding can continue, petitioners must remedy these informational
deficiencies by filing an amended petition. The amended petition “need not repeat the entire
unchanged portion of the original filing provided that a sufficient portion of the original filing is
repeated so that the context of the amendment is made clear.” 35 Ill. Adm. Code 104.226(c).
The Board allows petitioners until March 9, 2009, to file the amended petition. Failure to timely
file the amended petition will subject this matter to dismissal.
See
35 Ill. Adm. Code 104.230.
The 120-day statutory period for the Board to decide this case will recommence upon the filing
of the amended petition.
See
35 Ill. Adm. Code 104.232(a)(2).
IT IS SO ORDERED.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above order on February 5, 2009, by a vote of 5-0.
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John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
