CLERK’S
    OFFICE
    BEFORE THE ILLiNOIS
    POLLUTION
    CONTROL BOARD
    MAR
    0
    6
    2009
    IN
    THEE MATTER OF:
    )
    STATE
    OF
    ILLINOIS
    olluton
    Control
    Board
    AMENDMENTS TO 35
    ILL.ADM.CODE 225:
    )
    R09-lO
    CONTROL
    OF
    EMISSIONS FROM LARGE
    )
    (Rulemaking - Air)
    COMBUSTION SOURCES (MERCURY
    )
    MONITORING)
    )
    NOTICE OF FILING
    To:
    Those Individuals Listed on Attached Service List
    Please take notice that on
    March
    6,
    2009,
    the undersigned caused to be
    filed with the
    Clerk
    of
    the Illinois Pollution Control Board the Comments of Kincaid Generation LLC on the
    above rulemaking, copies of which are h::witthipon
    fliLRieser
    One of the Attorneys
    for Petitioners
    David
    L. Rieser
    Bradley R. Daniels
    McGuireWoods LLP
    77
    West Wacker, Suite 4100
    Chicago,
    IL
    60601
    Telephone: 312/849-8100
    CERTIFICATE
    OF SERVICE
    I, David L.
    Rieser,
    one of the attorneys for Kincaid Generation LLC, certif’ that I served a copy
    of the
    Comments
    of Kincaid Generation LLC on those persons listed on the attached Notice of
    Filing
    on March
    6,
    2009
    by First
    Class
    David L. Rieser
    Bradley
    R. Daniels
    McGuireWoods LLP
    77 West
    Wacker,
    Suite 4100
    Chicago,
    Illinois
    60601
    Telephone: 312/849-8100
    SERVICE LIST
    [‘imothy Fox
    learing Officer
    ilinois
    Pollution Control Board
    100 West
    Randolph, Suite 11-500
    Chicago,
    Illinois 60601
    oxt(ipcb.state.iI.us
    S. David Farris, Manager,
    Environmental,
    Iealth and Safety
    ity
    of Springfield, City Water
    Light &
    ower
    Wi East Lake Shore
    Drive
    Springfield,
    Illinois 62757
    1farriscwIp.com
    Fohn
    J. Kim
    harles E. Matoesian
    )ana Vetterhoffer
    )ivision of Legal Counsel
    Ilinois Environmental
    Protection
    Agency
    1021 North Grand Avenue,
    East
    .O. Box 19276
    Springfield, Illinois 62794-9276
    ohn.
    j.kim(iIIinois.qov
    harIes.matoesianciIIinois.gov
    fana.vetterhoffer(iIIinois.gov
    (athleen
    C. Bassi
    Stephen J. Bonebrake
    •oshua R. More
    SCHIFF
    HARDEN, LLP
    i600 Sears Tower
    233 South Wacker
    Drive
    Chicago,
    IL 60606
    kbassi(schiffhardin.com
    imoreschjffhardjn.com
    (R09-1O)
    \7955156.1
    Pamela F
    Faggert
    Vice
    President
    and
    Chief
    Environmental
    Officer
    DomflUo
    Dominion
    Resources Services,
    Inc.
    5000
    Dominion
    Boulevard,
    Glen Allen, VA
    23060
    Phone:
    804273-3467
    March 5, 2009
    1AR
    6
    rjjg
    Member,
    Ms AndreaPollution
    Moore
    Control
    Board
    Ollut,
    STA
    OF
    Control
    ILUN
    Bo
    ru
    100
    W.
    Randolph
    Street
    Suite
    11-500
    Chicago,
    Illinois
    60601
    Re:
    Proposed
    New 35 Iii. Adm.
    Code 22, Control of
    Emissions
    from
    Large
    Combustion
    Sources, PCB
    09-10
    Dear
    Board
    Member Moore:
    I
    am
    writing
    on
    behalf of
    Kincaid Generation,
    LLC (“Kincaid”)
    to
    submit
    Kincaid’s
    comments
    on the
    above
    rulemaking.
    Dominion
    owns
    and
    operates
    electric
    generating
    facilities in
    eleven
    states, including
    the
    1200
    megawatt coal-fired Kincaid
    Generation
    LLC
    power
    plant, located
    in
    Kincaid,
    Illinois.
    Dominion
    also
    owns
    a
    50% interest
    in the
    1400-
    megawatt
    natural gas-fired Elwood
    Energy, LLC
    combustion turbine
    plant, located
    in
    Elwood,
    Illinois.
    Kincaid
    participated in the
    second hearing in this
    matter
    in order
    to urge the Board
    to
    consider
    greater flexibility
    in
    setting
    compliance
    dates
    for
    meeting
    availability
    requirements
    for
    mercury
    continuous
    emissions
    monitoring
    systems
    (CEMs).
    Secondly,
    we
    alerted the
    Board
    about the potential
    inconsistency
    between
    state
    and
    federal
    rules should
    the
    Board
    adopt
    the
    Agency’s
    proposed
    Appendix
    B
    restating
    the language
    of 40
    CFR
    75 as
    it
    applies
    to
    monitoring
    for constituents other
    than
    mercury.
    Kincaid believes
    that
    the Agency
    addressed
    the
    first
    issue with language
    submitted
    during
    the
    hearing
    allowing
    quarterly stack
    tests to be performed
    during the
    first three
    years of this
    regulation.
    Three
    years
    of experience
    with
    mercury
    CEMs
    should
    allow
    for development
    of
    availability
    information sufficient
    to comply
    with
    the rule
    at
    that
    time.
    David
    Nuckols
    of
    Dominion’s
    monitoring
    support
    staff
    testified
    and
    was
    questioned
    extensively
    regarding different
    aspects
    of
    the
    second issue
    and Kincaid
    and the IEPA
    continued
    those discussions
    in
    the days afler
    the
    hearings.
    Kincaid understands
    from those
    discussions
    that with
    respect
    to
    any conflict
    between
    Appendix
    B and 40
    CFR 75 as
    they
    relate to monitoring
    for constituents other
    than
    mercury,
    that the
    IEPA
    would resolve
    conflicts
    in
    favor of the federal
    rules.
    We
    remain
    concerned
    about the
    inclusion
    of non-mercury
    monitoring
    provisions
    in
    Appendix
    B. However, on the
    basis
    of discussions
    with
    IEPA
    staff,
    we
    understand
    that
    IEPA
    will work with
    a
    source
    to
    resolve
    any
    issues
    that
    arise.
    As always, Kincaid very much
    appreciates
    the
    opportunity
    to
    participate in Pollution Control
    Board
    regulatory proceedings. Please
    contact
    Bob
    Asplund at (804)273-3012 should you have
    any questions.
    Respectfully,
    Pamela F. Faggert
    CC: Laurel
    Kroack
    Jim
    Ross
    David
    Bloomberg

    Back to top