BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN
THE MATTER OF:
AMENDMENTS TO 35 ILL.ADM.CODE 225:
CONTROL OF EMISSIONS FROM
LARGE
COMBUSTION SOURCES (MERCURY
MONITORING)
)
)
)
)
)
)
R09-10
(Rulemaking - Air)
NOTICE OF FILING
To:
John
T. Therriault, Assistant Clerk
Illinois Pollution Control Board
James
R. Thompson Center
Suite 11-500
.
100 West Randolph
Chicago, Illinois 60601
Persons included on the
ATTACHED SERVICE LIST
PLEASE TAKE NOTICE that we have today filed with the Office of the Clerk of the
Pollution Control Board
MOTION TO FILE DYNEGY MIDWEST GENERATION'S
RESPONSE TO THE AGENCY'S POST-HEARING
COMMENTS INSTANTER
and
DYNEGY MIDWEST GENERATION'S RESPONSE TO THE AGENCY'S POST-
HEARING COMMENTS.
-tiJU~·
K~een
C. BaSSI
Dated: March 13, 2009
Kathleen
C. Bassi
Stephen
1.
Bonebrake
SCHIFF HARDIN, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
312-258-5500
Fax: 312-258-5600
Electronic Filing - Received, Clerk's Office, March 13, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
AMENDMENTS TO 35 ILL.ADM.CODE 225:
CONTROL OF EMISSIONS FROM LARGE
COMBUSTION SOURCES (MERCURY
MONITORING)
)
)
)
)
)
)
R09-10
(Rulemaking - Air)
MOTION TO FILE DYNEGY MIDWEST GENERATION'S RESPONSE
TO THE AGENCY'S POST-HEARING COMMENTS INSTANTER
NOW COMES Participant in this rulemaking, DYNEGY MIDWEST GENERATION,
INC. ("DMG"), by and through its attorneys, SCHIFF HARDIN LLP, and, pursuant to
35
Ill.Adm.Code § 101.500, requests that the Board allow it to file the attached DMG'sResponse to
the Agency'sPost-Hearing Comments instanter. In support
of this Motion, DMG states as
follows:
1.
DMG filed its Post-Hearing Comments in this rulemaking on March 5, 2009.
2.
In its Post-Hearing Comments, DMG suggested that the Board amend Section
225.265(a)(1)(C) to allow for compositing coal samples to correspond to the period that sorbent
traps, or excepted monitoring systems, remain in the stack. DMG Comments, pp. 2-3.
3.
DMG also suggested that the Board amend Section 225.233(c)(5)(B) so that it
would correctly correspond to an amendment proposed for Section 225.233(c)(2)(D) as set forth
in the Illinois Environmental Protection Agency's ("Agency") compilation
of changes to the
initial proposal ("Revised Proposal"), filed with the Board February 19, 2009. DMG Comments,
pp.3-4.
-1-
Electronic Filing - Received, Clerk's Office, March 13, 2009
4.
Additionally, DMG proposed an amendment to Section 225.290(b)(4) to allow
additional time for companies using excepted monitoring systems to submit their quarterly
reports. DMG Comments,
p. 4.
5.
The Agency filed its Post-Hearing Comments on March 6,2009.
6.
In its Post-Hearing Comments, the Agency responded to DMG's suggested
amendments either by pointing out that sufficient flexibility already exists or by proposing
slightly different language.
7.
Accepting and considering DMG'sResponse to the Agency's Post-Hearing
Comments will not delay the Board'sdecision in this matter and will provide the Board with a
statement
ofDMG's support of the Agency'sresponses and proposed changes.
WHEREFORE, for the reasons set forth above, DMG respectfully requests that the Board
grant its Motion to File Dynegy Midwest Generation's Response to the Agency'sPost-Hearing
Comments Instanter.
Respectfully submitted,
Dated: March 13,2009
Kathleen
C. Bassi
Stephen
1.
Bonebrake
SCHIFF HARDIN LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
312-258-5567
fax: 312-258-5600
by:
DYNEGY MIDWEST GENERATION, INC.
~
one of Its attorneys
-2-
Electronic Filing - Received, Clerk's Office, March 13, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
AMENDMENTS TO 35 ILL.ADM.CODE 225:
CONTROL OF EMISSIONS FROM LARGE
COMBUSTION SOURCES (MERCURY
MONITORING)
)
)
)
)
)
)
R09-10
(Rulemaking - Air)
DYNEGY MIDWEST GENERATION'S RESPONSE
TO THE AGENCY'SPOST-HEARING COMMENTS
NOW COMES Participant in this rulemaking, DYNEGY MIDWEST GENERATION,
INC. ("DMG"), by and through its attorneys, SCHIFF HARDIN LLP, and offers the following
comments in response to certain
of the Illinois Environmental Protection Agency'sPost-Hearing
Comments to the February 10,2009, Hearing on the Proposal for Amending 35 Ill.Adm.Code
225 (the "Agency'sPost-Hearing Comments"), filed with the Board on March
6, 2009.
In its Post-Hearing Comments, filed March
5, 2009, DMG suggested several amendments
to the Illinois Environmental Protection Agency's February 19, 2009, compilation
of changes
that had been proposed since its initial submittal
of the proposed rulemaking to the Board
("Revised Proposal"). In response to these comments in the Agency'sPost-Hearing Comments,
the Agency suggested slightly different amendatory language in each case.
More specifically, DMG suggested an amendment to Section 225.265(a)(1)(C) to allow
for compositing coal samples so that they would correspond to the emission sampling period
of a
sorbent trap, or excepted, monitoring system. DMG Comment,
p. 3. The Agency responded that
sufficient flexibility already exists for DMG to propose such compositing to the Agency in lieu
-1-
Electronic Filing - Received, Clerk's Office, March 13, 2009
of the provisions of Section 225.265(a)(1 )(C) through Sections 225.202(a) and 225.21 O(b)(1).
Agency Comments, 13
th
page. This response is satisfactory to DMG.
DMG also suggested an amendment to Section 225.233(c)(5)(B) to correspond to the
amendment to Section 225.233(c)(2)(D) deleting the temperature correction for all units except
those with hot-side electrostatic precipitators. DMG Comments, pp. 3-4. The Agency responded
in its Post-Hearing Comments with slightly different language plus an amendment for Section
225.233(c)(2)(C). Agency Comments, 14
th
and 15
th
pages. The Agency's proposed amendments
are acceptable to DMG.
Finally, DMG proposed an amendment to Section 225.290(b)(4) to allow additional time
at the end of a quarter for companies using excepted monitoring systems to submit their reports.
DMG Comments, p. 4. The Agency again agreed with DMG's suggestion in concept but
suggested different language in its Comments. Agency Comments, 1
i
h
page. The Agency's
proposed language is acceptable to DMG.
DMG encourages the Board to accept the Agency's proposed changes to the rulemaking
as indicated above.
Respectfully submitted,
Dated:
March 13,2009
by:
DYNEGY MIDWEST GENERATION, INC.
~
one 0 Its attorneys
-2-
Electronic Filing - Received, Clerk's Office, March 13, 2009
Kathleen C. Bassi
Stephen
1.
Bonebrake
SCHIFF HARDIN LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
312-258-5567
fax: 312-258-5600
kbassi@schiffhardin.com
-3-
Electronic Filing - Received, Clerk's Office, March 13, 2009
CERTIFICATE OF SERVICE
I, the undersigned, certify that on this 13
th
day of March, 2009, I have served
electronically the attached MOTION TO FILE DYNEGY MIDWEST GENERATION'S
RESPONSE TO THE AGENCY'SPOST-HEARING COMMENTS INSTANTER and
DYNEGY MIDWEST GENERATION'S RESPONSE TO THE AGENCY'S POST-
HEARING COMMENTS upon the following persons:
John
T. Therriault, Assistant Clerk
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
and electronically and by first class mail, postage affixed upon persons included
on the
ATTACHED SERVICE LIST.
.
_A
_~
1
-----,~.
Kathleen C. assi
Kathleen
C. Bassi
Stephen
1. Bonebrake
SCHIFF HARDIN, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
312-258-5500
Fax: 312-258-5600
kbassi@schifthardin.com
Electronic Filing - Received, Clerk's Office, March 13, 2009
Timothy Fox
Hearing Officer
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
foxt@ipcb.state.il.us
SERVICE LIST
(R09-10)
John 1. Kim
Charles
E. Matoesian
Dana Vetterhoffer
Division
of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
john.j.kim@illinois.gov
charles.matoesian@illinois.gov
dana.vetterhoffer@illinois.gov
S. David Farris, Manager, Environmental,
Health and Safety
City
of Springfield, City Water Light
&
Power
201 East Lake Shore Drive
Springfield, Illinois 62757
dfarris@cwlp.com
Renee Cipriano
Kathleen
C. Bassi
Joshua
R. More
Schiff Hardin LLP
on behalf
of Ameren
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
rcipriano@schiffhardin.com
kbassi@schiffhardin.com
jmore@schiffhardin.com
David
L. Rieser
Bradley
R. Daniels
McGuireWoods LLP
on behalf
of Kincaid Generation, L.L.C.
77
W. Wacker Drive, Suite 4100
Chicago, Illinois 60601
drieser@mcguirewoods.com
bdaniels@mcguirewoods.com
Electronic Filing - Received, Clerk's Office, March 13, 2009