BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
SECTION 27 PROPOSED RULES FOR
)
NITROGEN OXIDE (NOx) EMISSIONS
)
R07-19
FROM STATIONARY RECIPROCATING
)
(Rulemaking-Air)
INTENRAL COMBUSTION ENGINES
)
AND TURBINES: AMENDMENTS TO
)
35 ILL. ADM. CODE PARTS 211 AND 217
)
NOTICE
TO:
John Therriault, Assistant Clerk
Kathleen C. Bassi
Timothy Fox, Hearing Officer
Renee Cipriano
Illinois Pollution Control Board
Joshua R. More
State of Illinois Center
Stephen J. Bonebrake
100 W. Randolph, Suite 11-500
Schiff Hardin, LLP
Chicago, IL 60601
6600 Sears Tower
233 S. Wacker Drive
Katherine D. Hodge
Chicago, IL 60606-6473
N. LaDonna Driver
Hodge Dwyer Zeman
3150 Roland Ave.
PO Box 5776
Springfield, IL 62705-5776
PLEASE TAKE NOTICE that I have today electronically filed with the Office of the
Pollution Control Board the attached MOTION TO FILE INSTANTER AND RESPONSE TO
POST-HEARING COMMENT of the Illinois Environmental Protection Agency a copy of
which is herewith served upon you.
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
By: __/s/____________________
Rachel L. Doctors
Assistant Counsel
Division of Legal Counsel
DATED: February 10, 2009
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
Electronic Filing - Received, Clerk's Office, February 10, 2009
* * * * * PC # 10 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILLINOIS
)
)
SS
COUNTY OF SANGAMON
)
)
CERTIFICATE OF SERVICE
I, the undersigned, an attorney, state that I have served by electronically mailing the
attached MOTION TO FILE INSTANTER AND RESPONSE TO POST-HEARING
COMMENT of the Illinois Environmental Protection Agency upon the following persons:
John Therriault, Assistant Clerk
Kathleen C. Bassi
Timothy Fox, Hearing Officer
Renee Cipriano
Illinois Pollution Control Board
Joshua R. More
State of Illinois Center
Stephen J. Bonebrake
100 W. Randolph, Suite 11-500
Schiff Hardin, LLP
Chicago, IL 60601
6600 Sears Tower
233 S. Wacker Drive
Katherine D. Hodge
Chicago, IL 60606-6473
N. LaDonna Driver
Hodge Dwyer Zeman
3150 Roland Ave.
PO Box 5776
Springfield, IL 62705-5776
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
/s/
Rachel L. Doctors
Assistant Counsel
Air Regulatory Unit
Division of Legal Counsel
Dated: February 10, 2009
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
(217) 782-5544
Electronic Filing - Received, Clerk's Office, February 10, 2009
* * * * * PC # 10 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
SECTION 27 PROPOSED RULES FOR
)
NITROGEN OXIDE (NO
x
) EMISSIONS
)
R07-19
FROM STATIONARY RECIPROCATING
)
(Rulemaking – Air)
INTERNAL COMBUSTION ENGINES AND
)
TURBINES: AMENDMENTS TO 35 ILL.
)
ADM. CODE PARTS 211 AND 217
)
MOTION TO FILE INSTANTER AND
RESPONSE TO POST-HEARING COMMENT
NOW COMES the ILLINOIS ENVIRONMENTAL PROTECTION AGENCY (“Illinois
EPA”), by its attorneys, and hereby submits its response to a comment submitted by Illinois
Environmental Regulatory Group (“IERG”) on February 6, 2009, four days after the First Notice
Comment deadline of February 2, 2009, and a Motion to File Instanter in the above rulemaking
proceeding. As the comment was not submitted to the Illinois Pollution Control Board
(“Board”) or served upon the Illinois EPA until after the comment deadline, and the Illinois EPA
did not become aware of the contents of the comment until February 9, 2009, of the following
week, the Illinois EPA could not submit a response by the February 2, 2009, deadline. The
Illinois EPA moves the Board to grant its request for leave to file a response to the comment
instanter.
IERG is requesting that the requirement that a replacement unit be used for the same
purpose be eliminated for replacement units that have lower emissions. The Illinois EPA noted
in its comment filed on February 5, 2009, that it disagreed with this concept but did not further
its explanation because at that time IERG had not provided a basis for the request.
After receiving the comment, the Illinois EPA would like to restate its disagreement with
IERG’s proposed language regarding ”replacement units.” The concept of including a
replacement unit in the averaging provisions of the rule was proposed by the natural gas pipeline
Electronic Filing - Received, Clerk's Office, February 10, 2009
* * * * * PC # 10 * * * * *
industry to allow for and encourage the replacement of engines with newer, and cleaner engines.
The concept as introduced by the pipeline industry, and as agreed to by the Illinois EPA,
involved replacement of engines or turbines with new engines or turbines with substantially
equivalent capacity that are used for the same purpose.
IERG is seeking a last minute revision of this concept that is inconsistent with the Illinois
EPA’s intent. Although IERG complains that the “…Illinois EPA’s language as to ‘same
purpose’ is dangerously vague,” IERG justifies its position using a hypothetical example.
Ironically, the hypothetical new unit in IERG’s example would probably qualify as a
replacement unit under the IEPA’s proposal. This is because its purpose would be to supply
power to existing processes at the source. Without specific information, it is not possible to
determine if IERG’s proposal provides such a benefit to the public or the environment. The
Illinois EPA, therefore, opposes the proposed language.
More generally, IERG claims that their proposed language will provide environmental
benefit. Moreover, the Illinois EPA believes that IERG’s proposed language could well have the
opposite effect. IERG correctly points out that new emission units may be subject to
requirements such as LAER, BACT and NSPS. These requirements are typically more stringent
than the requirements of this rulemaking. Including such units in an averaging plan could
remove a source’s obligation to reduce emissions from existing units not subject to these
requirements, thus causing emissions increases, not decreases as IERG postulates. While the
proposed language would require that the replacement of units be accompanied by a decrease in
emissions, comparing the existing units that are being replaced and the new units, does not
address the implications of this decrease in emissions with the other existing units that are not
being replaced. Consideration of “purpose” is needed to address the broader implication of
being allowed to have emission units participate in an emissions averaging plan.
Electronic Filing - Received, Clerk's Office, February 10, 2009
* * * * * PC # 10 * * * * *
The Illinois EPA opposes the last minute attempt to amend the proposal, which has been
developed after several years of negotiations with affected stakeholders, and has been the subject
of two Board hearings. IERG had multiple opportunities to raise this issue to both the Illinois
EPA and the Board in a timely manner and did not do so. The Illinois EPA would note that it
engaged in extensive outreach during the development of the rule. IERG also had an opportunity
to present this information at either the first Board hearing held in Edwardsville on April 9, 2008,
or second hearing in Chicago on May 7, 2008.
The Illinois EPA respectfully submits this Motion For Leave to File Instanter and
Response to Comment and requests that the Board take this response into consideration.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
_/s/ Rachel L. Doctors
Rachel L. Doctors
Assistant Counsel
Air Regulatory Unit
Division of Legal Counsel
DATED: February 10, 2009
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217.782.5544
217.782.9807 (Fax)
Electronic Filing - Received, Clerk's Office, February 10, 2009
* * * * * PC # 10 * * * * *