BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
NO
x
TRADING PROGRAM SUN)
SET
R2009-20
PROVISIONS FOR ELECTRIC)
(Rulemaking - Air)
GENERATING UNITS (“EGUS”)
)
AMENDMENTS TO 35 ILL.
)
ADM. CODE PART 217.SUBPART W
)
NOTICE
TO:
John Therriault, Assistant Clerk
Matthew Dunn, Chief
Iinoill
s Pollution Control Board
Attorney General's Office
State of Illinois Center
James R. Thompson Center
100 West Randolph, Suite 11-500
100 West Randolph, 12th Floor
Chicago, Illinois 60601
Chicago, Illinois 60601
Virginia Yang
Deputy Legal Counsel
Illinois Dept. of Natural Resources
524 South Second Street
Springfield, Illinois 62701-1787
PLEASE TAKE NOTICE that I have today filed with the Office of the Pollution Control
Board the TESTIMONY OF YOGof
IND
the
ER IMllAHinoiAJANs 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
: June 1, 2009
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
Electronic Filing - Received, Clerk's Office, June 1, 2009
TESTIMONY OF YOGINDER MAHAJAN
Good Morning. My name is Yoginder Mahajan. I am employed as an Environmental
Protection Engineer in the Air Quality Planning Section in the Bureau of Air of the Illinois
Environmental Protection Agency (Illinois EPA). I have been employed in this capacity since
Marh c1992. Prior to my employment with the Illinois EPA, I worked for various metal
faicbration companies fo
edur ninecationa(9) yel abacrs. k
Myground includes a Bachelor of
Engineering Degree in Mechanical Engineering from Bhopal University at Bhopal, India.
As part of my regular duties in the Air Quality Planning Section, I have been involved
with rinprepag emissions estimates for various source categories used in the development of the
1990 ozoneseason weekday emissions inventories; evaluating control technologies applicable to
volatile organic material (VOM) emissions sources utilized in the preparation of the Rate-of-
Progress plans for the Chicago and St. Louis ozone nonattainment areas; and assisting in the
development of regulations for the control of VOM emissions from the source categories
included in the Rate-of-Progress plans. Regarding the proposal before you today, I have been
involved in the development of the regulations to control nitrogen oxides (NOx) emissions from
electrical generating units.
On Dceember 21, 2000, the Illinois EPA adopted the NOx Trading Program for Electrical
Generating Units, Subpart W of 35 Ill. Adm. Code 217 to comply with the NOx SIP Call
promulgated by U.S. EPA in October 1998 (63 FR 57356, October 27, 1998). The affected
sources were required to participate in the NOx Trading Program administered by U.S. EPA.
The NOx SIP Call Trading Program was an ozone season trading program. On August 23, 2007,
in response to U.S. EPA promulgating the Clean Air Interstate Rule (CAIR), the Illinois
Pollution Control Board adopted Subparts D and E of 35 Ill. Adm. Code 225, the CAIR Annual
NOx Trading Program and CAIR Ozone Season NOx Trading Program. 70 FR 25162, May 12,
2005. The sources affected by CAIR are the same electrical generating units that were affected
by the NOx SIP Call, Subpart W of 35 Ill. Adm. Code 217. The NOx SIP Call and CAIR are cap
and de
tra
programs that require affected sources to hold NOx allowances equal to their NOx
emissions. The monitoring and reporting of NOx emissions in both programs are substantially
identical.
For Illinois, U.S. EPA allocated 30,701 NOx allowances in Phase I of the CAIR ozone
season NOx trading budget. This is the same number of NOx allowances allocated in the NOx
SP
I Call trading budget. After deducting 30% of the allowances for the new unit set-aside and
clean air set-aside, the Illinois EPA has allocated 21,491 NOx allowances for each ozone season
in 2009 through 2011 to the 249 affected units pursuant to procedures set forth at Part 225,
Subpart E. The estimated NOx emissions reductions from NOx SIP Call were 85,777 per year
from 2007 base year NOx emissions. In Phase II of CAIR, starting with the 2015 ozone season,
U.S. EPA allocated 28,981 NOx allowances per ozone season. The Illinois EPA believes that
the CAIR NOx ozone trading will provide reductions in NOx emissions equal to or greater than
the
stie mated reductions in NOx emissions achieved from the NOx SIP Call.
In the
reapmble to the CAIR rule, U.S. EPA stated that it will not administer the NOx SIP
Call Ozone SeaPrson
ogrTaram afditengr September 30, 2008. CAIR provided for the NOx SIP
Call Trading Program to be replaced by the CAIR Ozone Season NOx Trading Program. The
proposed
Sunset Provisions, Section 217.751 of 35 Ill. Adm. Code require that the provisions of
Subpart W shall not apply for any control period in 2009 or thereafter. Noncompliance with the
provisions that ocis
c
subj
urre
ed
cprt tior
o the
to a2009
pplicable provisions of Subpart W.
Adoption
s proposaof thi l will eliminate duplicate requirements for the affected sources. The
Iinoill
s EPA believes that this proposal is consistent with U.S. EPA’s requirements and it will
not advely imrsepact the affected sources or the air quality in Illinois.
STATE OF ILLINOIS
)
)
SS
COUNTY OF SANGAMON
)
)
CERTIFICATE OF SERVICE
I, the undersigned, an attorney, state that I have served electronically the attached
TESTMOINY OF YOGINDER MAHof the
AJANIllinois Environmental Protection Agency
upon the following persons:
John Therriault, Assistant Clerk
Matthew Dunn, Chief
Illinois Pollution Control Board
Attorney General's Office
State of Illinois Center
James R. Thompson Center
100 West Randolph, Suite 11-500
100 West Randolph, 12th Floor
Chicago, Illinois 60601
Chicago, Illinois 60601
Kathleen Crowley, Hearing Officer
Virginia Yang
Iinoill
s Pollution Control Board
Deputy Legal Counsel
State of Illinois Center
Illinois Dept. of Natural Resources
100 West Randolph, Suite 11-500
524 South Second Street
Chicago, Illinois 60601
Springfield, Illinois 62701-1787
SEE ATTACHED SERVICE LIST
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
___/s/__________________
Rachel L. Doctors
Assistant Counsel
Air Regulatory Unit
Division of Legal Counsel
Dated: June 1, 2009
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
(217) 782-5544
217.782.9143 (TDD)
SERVICE LIST
Alec M. Davis
N. LaDonna Driver
Iinoill
s Environmental Regulatory Group
Hodge Dwyer & Driver
3150 Roland Ave
3150 Roland Ave., PO Box 5776
Springfield, IL 62705-5776
Springfield, IL 62705-5776
Kathleen C. Bassi
Schiff Hardin, LLP
6600 Sears Tower
233 S. Wacker Drive
Chicago, IL 60606-6473