BEFORE
    THE ILLINOIS
    POLLUTION
    CONTROL
    BOAR&PR
    26
    s
    HOLLAND
    ENERGY,
    LLC,
    )
    o’u
    gLINO,
    )
    Petitioner,
    )
    v.
    )
    PCBO
    )
    (CAAPP
    Permit
    Appeal)
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION
    AGENCY,
    )
    )
    Respondent.
    )
    NOTICE
    OF
    FILING
    TO:
    Clerk
    Illinois
    Pollution
    Control
    Board
    100 West
    Randolph
    Street
    Suite
    11-500
    Chicago,
    Illinois
    60601
    (VIA
    HAND
    DELIVERY)
    (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
    an
    original
    and
    nine copies
    each
    of an ENTRY
    OF
    APPEARANCE
    OF
    JOAN
    RITCHEY,
    PETITION
    FOR REVIEW
    and
    OPEN WAIVER
    OF
    STATUTORY
    DECISION
    DEADLINES,
    copies
    of which
    are
    herewith
    served
    upon
    you.
    Respectfully
    submitted,
    HOLLAND
    ENERGY,
    LLC,
    Petitioner,
    Dated:
    4
    /
    By:
    Joan Ritchey
    ICE MILLER
    LLP
    200
    W.
    Madison
    Street
    Suite 3500
    Chicago,
    IL 60606-34
    17
    (312) 726-1567
    Joan
    THIS FILING
    SUIIMIfl’ED
    ON
    RECYCLED PAPER

    CERTIFICATE
    OF SERVICE
    I, Joan Ritchey, the undersigned,
    hereby certify that I have served the attached ENTRY
    OF APPEARANCE
    OF JOAN RITCHEY, PETITION
    FOR REVIEW
    and OPEN
    WAIVER
    OF
    STATUTORY DECISION DEADLINES
    upon:
    Clerk of the Board
    Illinois
    Pollution
    Control Board
    100 West
    Randolph
    Street
    Suite 11-500
    Chicago, Illinois
    60601
    Division of Legal Counsel
    Illinois Environmental Protection Agency
    1021
    North Grand
    Avenue
    East
    P. 0.
    Box 19276
    Springfield, IL 62794-9276
    by
    depositing said documents in the United States Mail, in Chicago, Illinois
    this
    24
    th
    day of
    April, 2009.
    1/2319496. 1
    Joan
    2

    BEFORE
    THE ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    CLERK’S
    OFFICE
    HOLLAND
    ENERGY;
    LLC,
    )
    APR
    2
    2009
    )
    STATE
    OF
    Petitioner,
    )
    POIIt
    Contro’
    Board
    v.
    )
    PCB
    DCI
    -
    )
    (CAAPP
    Permit
    Appeal)
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION
    AGENCY,
    )
    )
    Respondent.
    )
    ENTRY
    OF APPEARANCE
    OF
    JOAN
    RITCHEY
    NOW
    COMES
    Joan
    Ritchey,
    of
    the law
    firm
    of ICE
    MILLER
    LLP,
    and
    hereby
    enters
    her
    appearance
    on
    behalf
    of
    Petitioner,
    Holland
    Energy,
    LLC.
    Respectfully
    submitted,
    HOLLAND
    ENERGY,
    LLC,
    Petitioner,
    Dated:
    (1I
    By:
    Joan Ritchey
    ICE
    MILLER
    LLP
    200 W.
    Madison
    Street
    Suite
    3500
    Chicago,
    IL
    60606-34
    17
    (312)
    726-1567

    CERTIFICATE
    OF SERVICE
    I,
    Joan Ritchey,
    the undersigned,
    hereby
    certify that
    I have
    served
    the
    attached
    ENTRY
    OF
    APPEARANCE
    OF JOAN
    RITCHEY
    upon:
    Clerk
    of the Board
    Illinois Pollution
    Control
    Board
    100 West
    Randolph
    Street
    Suite
    11-500
    Chicago,
    Illinois
    60601
    Division
    of Legal
    Counsel
    Illinois
    Environmental
    Protection
    Agency
    1021
    North
    Grand
    Avenue
    East
    P.O. Box
    19276
    Springfield,
    IL 62794-9276
    by
    depositing
    said
    documents
    in
    the United
    States Mail,
    in Chicago,
    Illinois
    this
    24
    th
    day of
    April,
    2009.
    1/2319533.1
    Joan
    2

    BEFORE
    THE ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    -
    CLEF?
    OFpICE
    HOLLAND
    ENERGY,
    LLC,
    )
    APR
    2
    21309
    Petitioner,
    )
    STATE
    Op
    uuNog
    )
    tf
    q
    POIIUtjQfl
    Controi
    8oc1
    v.
    )
    PCB
    -
    )
    (CAAPP
    Permit
    Appeal)
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION
    AGENCY,
    )
    )
    Respondent.
    )
    OPEN
    WAIVER
    OF
    STATUTORY
    DECISION
    DEADLINES
    Petitioner,
    Holland
    Energy,
    LLC
    (“Holland
    Energy”),
    pursuant
    to Ill.
    Admin.
    Code
    101
    .308(c)(1),
    hereby
    notifies
    the
    Illinois
    Pollution
    Control
    Board
    (the “Board”)
    and
    the Illinois
    Environmental
    Protection
    Agency
    that
    it waives
    the
    Board’s
    statutory
    decision
    deadline
    completely
    and unequivocally
    until
    it elects
    to
    reinstate
    the
    120-day
    decision
    period
    by
    filing
    with
    the Board
    a
    notice
    to
    reinstate.
    Respectfully
    submitted,
    HOLLAND
    ENERGY,
    LLC,
    Petitioner,
    Dated:
    4
    e’’
    0
    By:
    Joan Ritchey
    ICE
    MILLER
    LLP
    200
    W.
    Madison
    Street
    Suite
    3500
    Chicago,
    IL
    60606-34
    17
    (312)
    726-1567
    Joan

    CERTIFICATE
    OF
    SERVICE
    I, Joan
    Ritchey,
    the undersigned,
    hereby
    certify
    that I have
    served this
    OPEN
    WAIVER
    OF
    STATUTORY
    DECISION
    DEADLINES
    upon:
    Clerk
    of
    the Board
    Illinois
    Pollution
    Control Board
    100
    West
    Randolph
    Street
    Suite 11-500
    Chicago,
    Illinois
    60601
    Division
    of Legal
    Counsel
    Illinois
    Environmental
    Protection
    Agency
    1021
    North
    Grand Avenue
    East
    P.
    0.
    Box
    19276
    Springfield,
    IL 62794-9276
    by
    depositing
    said
    document
    in the United
    States
    Mail, in
    Chicago,
    Illinois
    this
    24
    th
    day of
    April,
    2009.
    1/2319783.1
    Joan
    2

    BEFORE THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOAIEcvE
    CL
    OFFICE
    HOLLAND
    ENERGY, LLC,
    )
    APR
    2
    4
    2009
    Petitioner,
    )
    STATE
    OF
    ILUNOIS
    )
    A
    tj
    Pollution
    Control
    Board
    v.
    )
    PCB
    L1-
    )“
    )
    (CAAPP
    Permit
    Appeal)
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION
    AGENCY,
    )
    )
    Respondent.
    )
    PETITION
    FOR
    REVIEW
    NOW
    COMES
    Petitioner,
    Holland
    Energy,
    LLC
    (“Holland
    Energy”)
    by and
    through
    its
    attorneys,
    ICE
    MILLER
    LLP,
    pursuant
    to Section
    40.2
    of the
    Illinois
    Environmental
    Protection
    Act,
    415
    ILCS
    5/40.2
    (the
    “Act”),
    and
    35
    Ill.
    Admin.
    Code
    §
    105,
    Subpart
    C, and
    petitions
    the
    Illinois
    Pollution
    Control
    Board
    (the
    “Board”)
    for
    review
    of the
    Clean
    Air
    Act
    Permit
    Program
    (“CAAPP”) permit
    granted
    to
    Holland
    Energy
    on March
    20,
    2009,
    by
    the
    Illinois
    Environmental
    Protection
    Agency
    (“Illinois
    EPA”),
    pursuant
    to
    Section
    39.5
    of
    the Act.
    In
    support
    thereof
    and in
    compliance
    with
    35
    Iii.
    Admin.
    Code
    §
    105.304,
    Holland
    Energy
    states
    as follows:
    1.
    This
    Petition
    is
    being
    filed
    within
    35
    days
    after
    Illinois
    EPA’s
    final
    permit
    action,
    which
    took
    place
    on
    March
    20,
    2009,
    so
    this
    Petition
    is
    timely
    filed.
    35
    Ill.
    Admin.
    Code
    §
    105.302(e).
    2.
    Holland
    Energy
    owns
    and
    operates
    a
    power
    plant
    located
    at
    Rural
    Route
    2,
    270-A,
    Beecher
    City,
    Shelby
    County,
    Illinois.
    This
    CAAPP
    source
    operates
    two
    natural
    gas-fired
    combustion turbines/heat
    recovery
    steam
    generators
    with
    duct
    burners
    to
    generate
    electrical
    power,
    with
    other
    ancillary
    operations.
    (The
    subject
    CAAPP
    source
    is referred
    to
    herein
    as
    the

    “Facility”.)
    The Facility is
    classified
    as
    a
    “major
    source”
    for purposes
    of
    Title
    V of the
    Federal
    Clean
    Air
    Act and Section
    39.5 of the
    Act.
    3.
    On
    January 11,
    2008,
    Holland Energy
    submitted a
    renewal
    application
    for its
    CAAPP permit. At
    that time,
    Holland
    Energy
    was
    owned
    by
    TPF
    General
    Holdings
    LLC.
    4.
    On
    or
    about
    October
    15, 2008, the
    Illinois EPA sent to
    public notice a
    proposed
    CAAPP
    permit for the
    Facility. The
    public notice period
    ended on November
    14, 2008 and
    no
    public
    comments
    or
    comments from
    “affected states” were
    received. Illinois
    EPA provided
    a
    copy
    of the proppsed permit
    to
    the United
    States Environmental
    Protection Agency
    (“U.S.
    EPA”)
    on January
    30, 2009;
    Illinois
    EPA received
    no
    written objection
    from
    U.S.
    EPA.
    5.
    Hoosier Energy
    and Wabash
    Valley Power
    became
    the owners
    of Holland Energy
    on
    or
    about
    January
    7,
    2009.
    Holland Energy
    therefore
    has
    standing to file this
    Petition.
    6.
    Holland
    Energy has
    initiated
    a
    dialogue with
    Illinois EPA about
    the
    issues
    raised
    in
    this Petition
    (see the
    April
    20, 2009 letter
    attached hereto
    as Exhibit
    “A”), and is
    filing this
    appeal to
    protect
    its
    appeal
    rights
    in
    the
    event
    Illinois EPA
    and Holland
    Energy do
    not resolve
    the issues
    raised
    herein.
    Holland Energy
    is filing contemporaneously
    herewith
    an Open
    Waiver
    Of
    Statutory
    Decision Deadlines
    so that the
    parties may continue
    to attempt
    to resolve the issues
    raised
    by
    Holland
    Energy
    without the
    involvement of the Board.
    7.
    The
    specific
    issues raised by
    the Petition are:
    (a)
    The
    28 issues identified
    in Exhibit “A”
    hereto, which are
    incorporated as if
    set forth
    herein;
    (b)
    Section 3.2,
    Compliance with Applicable
    Requirements:
    Section
    3.2.1 of
    the Facility’s
    prior
    permit
    contained requirements
    for each
    cold cleaning degreaser
    at the Facility
    as
    required by
    35
    Ill.
    Admin.
    Code
    215.182,
    but these requirements
    are
    not included in the
    2

    renewal
    permit.
    The
    cold
    cleaning
    degreasers
    remain
    at
    the Facility
    and the Facility
    does utilize
    VOC-containing
    solvents
    in
    them,
    so that
    the
    requirements
    found
    in 35 Iii.
    Admin. Code
    215.182
    should
    be added
    to the
    renewal
    permit.
    8.
    To the
    extent they
    are not
    explained
    in Exhibit
    “A”, Holland
    Energy’s
    justification
    as to why Illinois EPA’s
    decisions
    on these issues
    are in error
    fall into four
    categories:
    (a)
    The facts
    and citations
    stated in the
    permit are incorrect;
    (b)
    The
    permit conditions
    are not
    clear and
    clarification
    is required;
    (c)
    The permit
    mistakenly
    includes
    requirements
    that,
    per the
    regulations
    themselves,
    are
    not applicable
    to this Facility.
    Holland
    Energy points
    out that
    this
    is a combined cycle
    facility,
    not
    a simple
    cycle
    peaking facility,
    and
    that the
    Facility
    is not located in
    a “major
    metropolitan
    area.”
    (d)
    Certain insignificant
    activities
    are incorrectly
    designated as
    significant
    activities.
    9.
    In accordance
    with the Board’s decision
    in AmerenEnergy
    Generating
    Company,
    Edwards Power
    Station
    v. Illinois
    EPA, PCB
    No. 06-67 (CAAPP
    Permit
    Appeal
    -- Air),
    February
    16, 2006, Holland
    Energy understands
    that
    its renewal
    permit
    is stayed with the
    filing
    of
    this Petition and that
    Holland
    Energy
    should continue
    to comply with
    its prior
    permit
    at this
    time.
    WHEREFORE,
    Holland
    Energy,
    LLC
    petitions
    the
    Illinois
    Pollution
    Control
    Board
    to
    review
    the
    Illinois
    EPA’s action
    to issue its CAAPP
    permit
    in this fashion.
    3

    Respectfully submitted,
    HOLLAND
    ENERGY,
    LLC,
    Petitioner,
    Dated:
    ii/Z
    By:
    Joan()Utchey
    Joan
    Ritchey
    ICE MILLER LLP
    200
    W. Madison
    Street
    Suite
    3500
    Chicago,
    IL 60606-34 17
    (312)
    726-1567
    CERTIFICATE
    OF SERVICE
    I, Joan
    Ritchey,
    the undersigned,
    hereby certify that I have
    served this PETITION
    FOR
    REVIEW upon:
    Clerk of the
    Board
    Illinois
    Pollution
    Control
    Board
    100
    West Randolph
    Street
    Suite
    11-500
    Chicago, Illinois
    60601
    Division of
    Legal Counsel
    Illinois Environmental
    Protection
    Agency
    1021 North
    Grand Avenue East
    P.O.Box 19276
    Springfield,
    IL 62794-9276
    by
    depositing
    said document
    in the United States
    Mail, in Chicago,
    Illinois this
    24
    th
    day of
    April,
    2009.
    Joan
    itchey
    1/2319540.1
    4

    HoHrndEn
    ergy
    OWNED
    BY Hoosier
    Enurgy
    &
    Wabash
    Valley
    Power
    Your
    Tcuchswo
    £nergy
    Couprratrv
    Sent
    via
    email
    Illinois
    Environmental
    Protection
    Agency
    Permits
    Section
    Bureau
    of
    Air
    1021
    North
    Grand
    Avenue
    East
    P.O.
    Box
    19276
    Springfield,
    Illinois
    62794-9276
    Attn:
    Michael
    Reed,
    CAAP
    Unit
    Manager
    April
    20,
    2009
    RE:
    HOLLAND
    ENERGY,
    LLC
    Comments
    regarding
    Title
    V
    permit
    renewal
    issues
    March
    20,
    2009
    Dear
    Mr.
    Reed:
    We
    are
    please
    to
    have
    the
    opportunity
    to
    provide
    you
    with
    the
    following
    list
    of
    questions/concerns
    regarding
    the above
    referenced
    permit.
    We
    appreciate
    your
    offer
    to open
    a
    dialogue
    to discuss
    these
    important
    issues
    and
    look
    forward
    to
    working
    with
    you.
    We
    realize
    that
    time
    is
    limited
    to
    resolve
    these
    issu.es
    prior
    to
    the
    April
    24th
    deadline
    to
    file
    an
    appeal
    and
    wish
    to
    make
    every
    effort
    to
    avoid
    that
    avenue.
    As
    such
    we
    will
    make
    every
    effort
    to
    be
    available
    to discuss
    the
    attached
    list
    of
    concerns
    with
    IEPA
    staff.
    I
    may
    be
    reached
    at
    the
    following:
    (317)481-2838
    Office
    (317)439-2932
    Cell
    j_klaas@wvpa.com
    email
    Again,
    thank
    you
    for your
    time
    and
    consideration
    regarding
    our
    concerns.
    Sincerely,
    Jarod
    Klaas,
    P.E.
    Manager,
    Enviromnental
    Affairs
    Wabash
    Valley
    Power
    Association
    CC:
    Hoosier
    Energy,
    Michalene
    Reilly,
    Darrell
    Bayless,
    Chris
    Norris
    Holland
    Energy,
    LLC,
    Barry
    Hatfield
    Enclosure:
    Attachment
    I
    EXHIBIT NA”

    Attachment
    1
    Comments
    Regarding
    Holland
    Energy,
    LLC
    Title
    V
    Permit
    Issues
    March
    20, 2009
    1.
    Section
    1.1, Source
    Identification:
    The.
    source
    contact
    should
    be Mr.
    Jarod
    Klaas,
    317-481-
    2838.
    2. Section
    1.2,
    Owner/Parent
    Company:
    The
    address
    for
    Holland
    Energy,
    LLC
    should
    be
    changed
    to
    722 North
    High
    School
    Road,
    Indianapolis,
    Indiana
    46214.
    3.
    Section
    1.3,
    Operator:
    The
    operator
    should
    be
    changed
    to North
    American
    Energy
    Services
    NAES
    Corporation
    (same
    address
    as
    listed
    in
    the
    permit)
    and
    the
    contact
    should
    be Mr.
    Barry
    Hatfield,
    618-487-9140.
    4.
    Section
    3.1.3,
    Identification
    of
    Insignificant
    Activities
    and
    Section
    4.0,
    Significant
    Emission
    Units
    at
    this
    Source:
    This section
    states
    that
    there
    are no
    insignificant
    activities
    pursuant
    to 35
    IAC
    201
    .210(a)(16);
    however,
    there
    is
    an
    emergency
    generator
    and
    a
    fire
    pump
    at the
    source
    that
    meet
    this dqfinition.
    These
    units
    are now
    listed
    in
    Section
    4.0
    and it
    should
    be
    noted
    that
    the
    description
    of
    the emergency
    generator
    in
    Section
    4.0 is
    incorrect.
    The
    diesel
    backup
    generator
    is
    a
    750.
    horsepower
    unit (the
    permit
    has it
    listed
    as 235
    hp).
    By
    definition,
    these
    units
    are
    insignificant
    activities
    and
    should
    therefore
    be
    included
    in
    Section
    3.0,
    not 4.0.
    As described
    in
    a separate
    comment
    below,
    we believe•
    that the
    fire
    pump
    is
    subject
    to
    the MACT
    standard,
    but pursuant
    to the
    illinois
    regulations,
    this unit
    should
    still
    be considered
    insignificant.
    5.
    Conditions
    5.3.2,
    7.1.3(b)(i),
    7.2.3(b),
    7.3.3(b)
    and
    7.4.3(b):
    These
    conditions
    reference
    35
    IAC
    212.123,
    Visible
    Emission
    Limitations. Condition
    5.3.2
    cites
    this regulation
    as being
    applicable
    source-wide.
    Therefore,
    it is
    redundant
    to
    repeat
    the
    rule requirements
    throughout
    Section
    7
    of the
    permit.
    We
    request
    that Conditions
    7.1.3(b)(i),
    7.2.3(b),
    7.3.3(b)
    and
    7.4.3(b)
    be
    removed
    from
    the permit.
    6.
    Condition
    5.10.2:
    Annual
    Emissions
    Report
    - This condition
    now
    requires
    the
    HAP
    emissions
    to
    be
    reported.
    Additionally,
    since
    IEPA
    is
    classifying
    the
    emergency
    generator
    and
    the fire
    pump
    as significant
    emission
    units,
    then
    the
    two
    should
    also
    be
    included
    on
    the
    report.
    Since
    the requirement
    is
    effective
    as of
    March
    20,
    2009
    and HAPs
    or
    information
    pertaining
    to
    the generator
    and fire
    pump
    were
    not
    tracked
    during
    the
    2008
    calendar
    year,
    we do
    not believe
    that we
    would
    need
    to
    include
    them
    on
    the
    Annual
    Emissions
    Report;
    however,
    we would
    like
    additional
    guidance
    from
    IEPA
    on this
    matter.
    7.
    Condition
    7.1.3(i)(ii)(.C):
    This condition
    erroneously
    references
    35
    IAC
    2
    17.708(g).
    The
    correct
    reference
    is 35 IAC
    217.708(f).
    8.
    Condition
    7.1.3(k),
    Malfunction
    and
    Breakdown
    Provisions:
    We
    request
    that the
    text
    from
    the
    former
    permit
    Condition
    7.1.3(h)(i)
    be
    reinstated
    for
    clarity.
    Specifically,
    we
    would
    like to
    reinstate
    the
    language
    clarifying
    that
    under
    a
    malfunction
    or
    breakdown
    scenario,
    the
    permittee
    shall
    begin
    shutdown
    of
    the
    CT/HRSG
    system
    within
    90
    minutes,
    unless
    the
    malfunction
    is
    expected
    to be
    repaired
    in
    120
    minutes
    or
    such
    shutdown
    could

    threaten
    the
    stability
    of the
    regional
    electrical
    power
    system.
    .. Condition
    7.1.4(d) This
    condition
    states
    that
    the
    turbines
    are
    not
    subject
    to
    35
    IAC
    217.141
    because
    they
    are
    not
    fuel
    combustion
    units;
    however,
    the
    citation
    is
    for
    Existing
    Emission
    Sources
    in Major
    Metropolitan
    Areas
    and
    the
    facility
    is
    not
    located
    in the
    Chicago
    or
    St. Louis
    metropolitan
    areas
    and
    therefore,
    would
    not
    be
    subject
    to. this
    rule
    because
    of its
    location
    and
    request
    that this
    condition
    be
    removed.
    10.
    Condition 7.1.6(c),
    Emission
    Limitations:
    This
    condition
    now
    includes
    an
    annual
    emission
    limit
    for the
    combustion
    turbines
    and
    the
    auxiliary
    boiler
    combined
    and
    states
    “the
    permit
    conservatively provides
    for
    overlapping
    operation
    of
    the
    auxiliary
    boiler
    for
    as
    many
    as
    1,000
    hours
    per
    year at
    full
    load
    while
    both
    of the
    CTs
    are operating.”
    We
    do
    not
    understand
    why
    the IEPA
    is
    effectively limiting
    the
    auxiliary
    boiler
    to
    1,000
    hours
    per
    year
    and
    request
    that
    this statement
    be
    removed.
    11.
    Condition
    7.1.9(f),
    Recordkeeping
    Requirements: This
    condition
    requires
    recordkeeping
    of the
    ratio
    of water
    to
    fuel
    being
    fired
    in
    the
    affected
    turbine/HRSG
    system.
    This
    requirement
    would
    only
    apply
    to
    units
    that
    utilize
    a
    water
    injection
    system.
    Since
    the
    CT/HRSG
    systems
    are not
    equipped with
    water
    injection systems,
    this
    requirement does
    not
    apply
    and
    should
    be
    removed
    from
    the
    permit.
    12. Section
    7.2
    Diesel
    Engines:
    This
    section
    assumes
    that
    both
    the
    backup
    generator and the
    fire
    pump
    are subject
    to the
    MACT
    standard
    found
    at
    40 CFR
    63,
    Subpart
    ZZZZ:
    NESHAP
    for
    Stationary
    Reciprocating
    Internal
    Combustion
    Engines
    (RICE).
    Note
    that
    the
    two
    potentially
    subject
    units
    are
    a diesel
    mobile
    emergency
    generator
    with
    a rating
    of
    750
    hp and
    a
    stationary
    diesel
    fire
    pump
    with
    a rating
    of
    235
    hp.
    Since
    the
    emergency
    generator
    is
    a mobile
    unit, it
    would
    not
    be subject
    to
    Subpart
    ZZZZ
    since
    this
    rule
    only
    applies
    to
    stationary
    sources.
    40
    CFR
    63.6675
    defines
    Stationary
    RICE
    as “any
    reciprocating
    internal
    combustion
    engine
    which
    uses
    reciprocating motion
    to
    convert
    heat
    energy
    into
    mechanical
    work
    and
    which
    is not
    mobile.
    Stationary RICE
    differ
    from
    mobile
    RICE
    in
    that
    a stationary
    RICE
    is
    not a
    non-road
    engine
    as defined
    at
    40 CFR
    1068.30,
    and
    is
    not
    used
    to propel
    a
    motor
    vehicle
    or
    a vehicle
    used
    solely
    for
    competition.”
    40
    CFR
    1068.30
    defines
    a
    nonroad
    engine
    as
    “By
    itself
    or in
    or on
    a piece
    of
    equipment,
    it
    is
    portable
    or
    transportable,
    meaning
    designed
    to
    be and
    capable
    of being
    carried
    or
    moved
    from
    one
    location
    to
    another.
    Indicia
    of transportability
    include, but are
    not
    limited
    to,
    wheels,
    skids,
    carrying
    handles,
    dolly,
    trailer,
    or
    platform.”
    With
    respect
    to
    the
    diesel
    fire
    pump,
    we
    believe
    that this
    unit
    is
    subject
    to the
    regulation,
    but
    given
    that
    it
    is
    less
    than
    500
    hp,
    we
    do
    not
    believe
    that
    there
    are
    any
    administrative
    or
    operating
    requirements.
    13.
    Conditions
    7.2.6
    — 7.2.12:
    The
    diesel
    fire
    pump
    and
    emergency
    generator
    are,
    by
    definition,
    insignificant
    activities.
    We
    do not
    believe
    that
    all
    of the
    testing,
    monitoring,
    recordkeeping,
    reporting,
    and
    compliance
    procedure
    requirements
    are
    warranted.
    We
    requested
    that
    Conditions
    7.2.6
    and
    7.2.12
    be
    removed
    from
    the
    permit.

    14.
    Condition
    7.3.6(a)(iii).
    The
    requirements
    of
    7.3.6(a)
    could
    not be found
    in
    the PSD
    Permit
    No.
    99100022
    and therefore,
    this
    paragraph
    should
    be
    removed.
    15. Condition
    7.4.3 b: This
    section proposes
    to impose
    a
    30%
    opacity
    factor for
    the
    cooling
    tower. It
    specifically
    cites 35
    IAC
    2 12.123
    for the authorization
    for
    this
    requirement.
    However,
    the opacity
    created
    by a
    wet
    cooling
    tower is
    primarily
    moister
    in the
    form of
    water vapor
    (sometimes
    referred
    incorrectly
    to as “steam”)
    and
    a small
    fraction
    of drift.
    Section
    212.124
    which
    is
    titled
    “Exceptions”
    has
    paragraph b
    that states:
    “Sections
    212.122
    and
    212.123
    of
    this Subpart
    shall
    not apply
    to
    emissions
    of
    water or water
    vaporfrom
    an emission
    unit.”
    As
    such,
    the
    opacity
    limits
    proposed
    to
    be imposed
    citing 212.123
    are
    clearly
    excluded
    from
    regulation
    by
    212.124(b).
    We request
    that this
    condition
    be deleted.
    16.
    Condition
    7.4.c:
    To the extent
    that
    this
    paragraph
    relies
    on
    a visible plume
    of water
    vapor or water
    droplets
    emitted
    from
    the
    cooling
    tower, we
    believe
    that the
    requirement
    is invalid.
    It is,
    as clearly
    stated, only
    applicable
    to
    “particulate
    matter”
    not
    water
    vapor
    or droplets,
    as excluded
    above.
    We
    request
    that this
    condition
    be removed.
    17.
    Condition
    7.4.5
    a: Please
    delete
    “opacity
    observations”
    from
    this
    paragraph.
    As
    noted above,
    opacity
    limits
    are
    not
    applicable
    to regulation
    by 212.122
    and
    212.123 if
    the opacity
    is caused by
    emissions
    of
    water or
    water vapor.
    18.
    Condition
    7.4.7 a.
    Testing
    Requirement:
    This section
    should
    be deleted
    in its entirety.
    The
    requirements
    refer to
    opacity reading
    (“Method
    9”) which
    we
    have shown
    not
    to be
    applicable
    to
    cooling
    towers.
    The one noted
    exception
    is
    Section
    7.4.7
    a.
    ii. which,
    for some
    reason, addresses
    “diesel engine
    (s)”, not
    the
    cooling
    tower.
    As such,
    it
    too should
    be
    deleted.
    19.
    Condition
    7.4.12
    a: We request
    that
    the
    references
    to Conditions
    7.4.3 (b)
    and (c) be
    deleted
    as
    these
    conditions
    refer
    to
    opacity and
    not to particulate.
    Imposing
    opacity on
    wet plumes
    is clearly
    prohibited
    by
    Section
    212.124,
    as noted
    above.
    20.
    Condition
    7.4.12
    b: Should
    be
    deleted
    in
    its
    entirety. This
    condition
    imposes
    AP-42 emission
    factors
    on the
    facility
    for use to
    determine
    compliance
    with
    particulate
    emission
    limits
    from the
    cooling
    tower.
    We
    believe
    that
    this
    is
    incorrect
    for
    a
    number
    of reasons,
    including
    the following:
    a)
    According
    to
    table
    13.4-1
    reproduced
    from AP-42
    and
    inserted
    into
    the
    permit,
    the
    Emission
    Factor
    Rating
    for “Induced
    Draft”
    cooling
    tower “Total
    Liquid Drift”
    is a “D”.
    According
    to
    AP-42 a rating
    of D “=Tests
    are
    based on a
    generally unacceptable
    method,
    but
    the
    method
    may
    provide
    an
    order-of-magnitude
    value
    for
    the
    source. “ (AP-
    42
    Introduction,
    Page
    9).
    b)
    AP-42
    continues
    to elaborate
    on
    a Emission
    Factor Rating
    of D: “Below
    average.
    Factor
    is
    developed
    from
    A-,
    B-
    and/or
    C-rated test
    data from a
    small
    number
    of
    facilities,
    and
    there
    may
    be
    reason
    to
    suspect
    that these
    facilities
    do not represent
    a random
    sample
    of
    the
    industry.
    There
    also may
    be
    evidence
    of
    variability
    within
    the source population.”
    (AP-42
    Introduction,
    Page
    10).
    c)
    The
    above cited
    table,
    inserted
    in
    the Title
    V
    permit, shows
    a rather
    inaccurate
    Emission
    Factor
    Rating
    of
    an
    “E” for the
    PM-b
    calculation.
    An
    E
    rating
    is
    described
    by
    EPA
    in
    AP-42
    as
    “Poor. Factor
    is
    developed
    from
    C-and D-ra
    ted data,
    and there
    may
    be reason
    to
    suspect
    that the
    icilities tested
    do not
    represent
    a random sample
    of the
    industry. There

    also
    may be
    evidence
    of
    variability
    within
    the
    source
    category
    population.
    “(AP-42
    Introduction,
    page
    10).
    d)
    The
    EPA
    further
    indicates:
    “Emission
    factors
    in
    AP-42
    are neither
    EPA-recommended
    emission
    limits
    (e.g.,
    best
    available
    control
    technology
    or
    BAC7
    or
    lowest
    achievable
    emission
    rate
    or
    LAER)
    nor
    standards
    (e.g.,
    National
    Emission
    Standards
    for
    Hazardous
    Air
    pollutants
    or
    NESHAP,
    or
    New
    Source
    Performance
    Standards
    orNSPS).
    Use
    of
    these
    factors
    as
    source-specific
    permit
    limits
    and/or
    as
    emission
    regulation
    compliance
    determinations
    is
    not
    recommended
    by
    EPA.
    Because
    emission
    factors
    essentially
    represent
    an
    average
    of
    a
    range
    of
    emission
    rates,
    approximately
    haif
    ofthe
    subject
    sources
    will
    have
    emission
    rates
    greater
    than
    the
    emission
    factor
    and
    the
    other
    ha
    f
    will
    have
    emission
    rates
    less
    than
    the
    factor.
    As
    such,
    a
    permit
    limit
    using
    an
    AP-42
    emission
    factor
    would
    result
    in
    half of
    the
    sources
    being
    in
    noncompliance.”
    (Emphasis
    added.)
    (AP-42
    Introduction,
    Page
    2).
    e)
    Finally,
    it
    is
    worth
    noting
    that
    Table
    13.4-1,
    footnote
    c
    acknowledges
    thatthe
    PM-b
    factor
    “...imply
    an
    effective
    TDS
    content
    of
    approximately
    12,000
    parts
    per
    million
    (ppm)
    in
    the
    circulating
    water.”
    As
    the
    TDS
    rises
    in
    cooling
    water,
    the
    assOciated
    fine
    particulate
    would
    also
    rise,
    assuming
    all
    other
    things
    were
    constant.
    As
    this
    facility
    has
    a
    TDS
    limit
    of
    3,000
    ppm
    (see
    permit
    condition
    7.4.5
    b.),
    the
    12,000
    ppm
    value
    represents
    a
    4
    fold
    inappropriate
    stringency
    imposed
    by
    this
    method.
    21.
    Condition
    7.4.3(b)
    and
    (c):
    These
    conditions
    have
    been
    added
    to
    the
    renewal
    permit
    and
    reference
    35
    IAC
    212.123,
    Visible
    Emission
    Limitations
    and 35
    IAC
    212.301,
    Fugitive
    Particulate
    Matter.
    Given
    the
    nature
    of
    cooling
    tower
    operations,
    there
    would
    not
    be
    any
    smoke
    or
    particulate
    matter
    resulting
    from
    the
    operation
    of
    this unit,
    and
    therefore,
    these
    conditions
    should
    be
    removed.
    22.
    Condition
    7.4.7(a)(i),
    (ii),
    and
    (vii):
    Section
    7.4
    pertains
    to
    operation
    of
    the
    cooling
    towers
    but
    there
    are
    several
    references
    to
    testing
    diesel
    engines
    and
    exhaust
    in
    the
    testing
    requirements
    found
    in
    Condition
    7.4.7.
    These
    references
    should
    be
    modified
    to
    reference
    cooling
    towers
    instead
    of
    engines.
    23.
    Condition
    7.4.9.
    Based
    on
    the
    arguments
    stated
    above,
    we
    request
    that this
    section
    be
    deleted
    and
    replaced
    with
    the
    text
    from section
    7.3.9 of
    the
    prior
    permit.
    24.
    Condition
    7.4.12
    This
    condition
    establishes
    compliance
    procedures
    for
    demonstrating
    compliance
    with PM
    emission
    limitations.
    For
    the
    reasons
    discussed
    above,
    we
    request
    that
    this
    entire
    section
    be
    deleted.
    25.
    Attachment
    5
    and
    6
    list
    Ter’taska
    personnel
    and
    should
    be
    updated
    as
    follows:
    Attachment
    5
    The
    designated
    representative
    should
    be
    changed
    from
    Greg
    Kunkle
    to
    Jarod
    Klaas,
    722
    North
    High
    School
    Road,
    Indianapolis,
    Indiana
    46214
    Attachment
    6
    Larry
    Carison
    should
    be
    changed
    to
    Jarod
    Klaas,
    722 North
    High
    School
    Rd,
    Indianapolis,
    Indiana
    46214.

    26.
    There
    are
    several
    rule
    citations
    that
    have
    been
    erroneously
    referenced
    throughout
    the
    permit
    and
    should
    be
    changed as
    follows:
    a)
    Section
    7.1.3(b)(ii):
    “The
    emission
    of
    smoke
    or
    other
    particulate
    matter
    from
    the
    affected
    turbine/HRSG
    system
    shall
    not
    have
    an
    opacity
    greater
    than
    20
    percent,
    pursuant to
    40
    CFR
    60.42a(b)
    60.42Da(b),
    except
    for
    one
    6-minute
    period
    per
    hour
    of
    not
    more
    than
    27 percent
    opacity,
    as
    further
    allowe4
    by
    40 CFR
    60.’12a(b)
    60.42Da(b).”
    b)
    Section
    7.1.3(b)(iii):
    “When
    the
    duct
    burner
    in
    an
    affected
    CT/HRSG
    system
    is
    fired,
    the
    Permittee is
    hereby
    shielded
    from
    35
    IAC212.122
    and
    35 IAC
    212.123
    [Condition
    7.1.3(b)(i)(A)
    and
    Condition
    5.3.2(b)]
    for
    the affected
    boilers
    as
    it must
    comply
    with
    40
    CFR
    60.42a(b) 6O.42a(b)
    [Condition
    7.1.3(b)(ii)].
    c) Section
    7.1.3(0(i),
    Standard
    for
    Nitrogen
    Oxides:
    “Pursuant
    to
    40 CFR
    60.41(a)(d)(1)
    60.44Da(d)(1),
    no
    new
    source
    owner
    or
    operator..
    .based
    on
    a
    30-day
    rolling
    average,
    except
    as
    provided
    under
    40
    CFR
    60.46a(k)(1) 60.48Da(k).”
    d)
    Section
    7.1.3(f)(ii),
    Standard
    for
    Sulfur
    Dioxide:
    “Pursuant
    to
    40
    CFR
    60.43(a)(b)(2)
    60.43Da(b)(2),
    no owner
    or
    operator
    shall
    cause
    to be
    discharged...”
    e)
    Section
    7.1.3(f)(iii),
    Standard
    for Particulate
    Matter:
    “Pursuant to 40
    CFR
    60.42(a)(1) 60.42Da(a)(1),
    no owner
    or
    operator
    of
    an
    affected
    HRSG
    shall
    cause
    to
    be
    discharged...”
    f)
    Section
    7.1.3(f)(iv),
    Standard
    for
    Opacity:
    “Pursuant.to
    40
    CFR
    60.42(b)
    60.42Da(b),
    no
    owner
    or
    operator...”
    g)
    Section
    7.1.5(b):
    “The
    only
    fuels
    fired
    in
    the
    affected
    CT/HRSG
    systems
    shall
    be
    natural
    gas
    as
    defined
    in
    40 CFR
    60.41(c)
    60.4lDa(c)
    [Ti].”
    27.
    Section
    7.1.3(d)(i):
    The
    equation
    used
    to
    calculate
    the
    NOx
    emission
    allowance
    for
    fuel-
    bound
    nitrogen,
    calculated
    from
    the
    nitrogen
    content
    of
    the
    fuel,
    is incorrect
    for
    the
    percent
    by
    weight
    in
    the
    range
    of
    0.1
    to 0.25.
    This
    equation
    should be
    changed as follows
    to be
    consistent
    with
    60.332(a)(4):
    Fuel-bound
    nitrogen
    F
    (percent
    by
    weight)
    (NOx
    percent
    by
    volume)
    N
    0.015
    0
    0.015
    <NOi
    0.04(N)
    0.1
    <N
    0.25
    004
    O.004+O.0067(N-0.1)
    N
    >0.25
    0.005
    28.
    Section
    7.1.7(b)(ii)(A):
    The
    equation
    used
    to
    calculate
    the
    NOx
    emission
    limitation is
    incorrect
    and
    should
    be
    changed
    as
    follows,
    pursuant
    to
    40 CFR
    60.335(b)(1):
    NO,<
    (NOo)(Pr/Po)°
    5
    el
    9
    (HoO.OO
    633
    )(288oK/Ta)
    53

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