BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
) R08-19
NITROGEN OXIDES EMISSIONS FROM ) (Rulemaking - Air)
VARIOUS SOURCE CATEGORIES:
)
AMENDMENTS TO 35 ILL. ADM. CODE )
PARTS 211 and 217
)
NOTICE OF FILING
TO:
Mr. John T. Therriault
Timothy Fox, Esq.
Assistant Clerk of the Board
Hearing Officer
Illinois Pollution Control Board
Illinois Pollution Control Board
100 W. Randolph Street
100 W. Randolph Street
Suite 11-500
Suite 11-500
Chicago, Illinois 60601
Chicago, Illinois 60601
(VIA ELECTRONIC MAIL)
(VIA U.S. MAIL)
(SEE 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
FIRST-NOTICE COMMENTS OF THE
ILLINOIS ENVIRONMENTAL REGULATORY GROUP
, copies of which are
herewith served upon you.
Respectfully submitted,
By:
/s/ Alec M. Davis
Alec M. Davis
Dated: July 6, 2009
Alec M. Davis
Katherine D. Hodge
General Counsel
Monica T. Rios
Illinois Environmental Regulatory Group HODGE DWYER & DRIVER
215 East Adams Street
3150 Roland Avenue
Springfield, Illinois 62701
Post Office Box 5776
(217) 522-5512
Springfield, Illinois 62705-5776
(217) 523-4900
THIS FILING SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, July 6, 2009
* * * * * * PC # 16 * * * * * *
CERTIFICATE OF SERVICE
I, Alec M. Davis, the undersigned, hereby certify that I have served the attached
FIRST-NOTICE COMMENTS OF THE ILLINOIS ENVIRONMENTAL
REGULATORY GROUP
upon:
Mr. John T. Therriault
Assistant Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
via electronic mail on July 6, 2009; and upon:
Timothy Fox, Esq.
Hearing Officer
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
Matthew J. Dunn, Esq.
Chief, Environmental Bureau North
Office of the Attorney General
69 West Washington Street, Suite 1800
Chicago, Illinois 60602
Gina Roccaforte, Esq.
John J. Kim, Esq.
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
Kathleen C. Bassi, Esq.
Stephen J. Bonebrake, Esq.
Schiff Hardin, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606-6473
Virginia Yang, Esq.
Deputy Legal Counsel
Illinois Department of Natural Resources
One Natural Resources Way
Springfield, Illinois 62702-1271
Christina L. Archer, Esq.
Associate General Counsel
Arcelormittal USA, Inc.
1 South Dearborn, 19th Floor
Chicago, Illinois 60603
by depositing said documents in the United States Mail, postage prepaid, in
Springfield, Illinois on July 6, 2009.
/s/ Alec M. Davis
Alec M. Davis
Electronic Filing - Received, Clerk's Office, July 6, 2009
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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
NITROGEN OXIDES EMISSIONS FROM )
R08-19
VARIOUS SOURCE CATEGORIES:
)
(Rulemaking - Air)
AMENDMENTS TO 35 ILL. ADM. CODE )
PARTS 211 and 217
)
FIRST-NOTICE COMMENTS OF
THE ILLINOIS ENVIRONMENTAL REGULATORY GROUP
NOW COMES the ILLINOIS ENVIRONMENTAL REGULATORY GROUP
(“IERG”), by and through its attorneys, Alec M. Davis of IERG, and HODGE DWYER
& DRIVER, and submits the following FIRST-NOTICE COMMENTS OF THE
ILLINOIS ENVIRONMENTAL REGULATORY GROUP for consideration in the
above-referenced matter.
I.
INTRODUCTION
The Illinois Environmental Regulatory Group would like to thank the Illinois
Pollution Control Board (“Board”) for providing the opportunity to participate in this
rulemaking, and submit these comments in response to the first-notice publication of the
proposed amendments to Parts 211 and 217 of Title 35 of the Illinois Administrative
Code. 33 Ill. Reg. 6896 and 6921 (May 22, 2009). IERG appreciates that Illinois EPA
(“Agency”) has continued to work with affected parties throughout this rulemaking to
address unresolved issues, and that these negotiations have resulted in positive
amendments to various provisions of the original proposal. IERG acknowledges that
while many of its concerns have been addressed during the process, there are a few
remaining that we will address in these comments. IERG will further point out, as we are
sure the Board is aware, that the proposal as published in the Illinois Register, 33 Ill. Reg.
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2
6896 and 6921, differs from the Opinion and Order of the Board by A.S. Moore:
Proposed Rule, First Notice dated May 7, 2009, as posted on the Board’s website.
Opinion and Order of the Board,
In the Matter of: Nitrogen Oxides Emissions From
Various Source Categories: Amendments to 35 Ill. Adm. Code Parts 211 and 217
, R08-
19 (Ill.Pol.Control.Bd. May 7, 2009) (rulemaking hereafter cited as
“NOx RACT Rule,”
opinion and order hereafter cited as “1st Notice Opinion and Order”). Therefore, IERG
notes that these comments have been prepared in response to the proposal as included in
the Illinois Register.
As noted in the Board’s May 7 First Notice Opinion and Order, IERG raised the
following in its March 23, 2009 Post-Hearing Comments, Post-Hearing Comments of the
Illinois Environmental Regulatory Group,
NOx RACT Rule
, R08-19 (Ill.Pol.Control.Bd.
March 23, 2009) (hereafter cited as “PC 13”). First, with reference to its proposed
alternative emissions limits relative to its position “that the proposal went beyond what is
required to satisfy the RACT obligation,” IERG expressed its understanding that the
Agency’s proposal would not only help to satisfy current RACT requirements, but would
also serve to help meet the new federal standards for ozone and PM2.5 and satisfy their
corresponding new RACT requirements, as informed by the Agency’s testimony during
the course of the rulemaking. PC 13 at 3 - 4.
Second, IERG stated its preferred compliance date of January 1, 2014, to allow
affected entities sufficient time to plan and secure financing for projects. PC 13 at 7.
Third, IERG offered its support for the concept of demonstrating compliance through
emissions averaging plans. However, in doing so, IERG raised the importance of
ensuring that the averaging language of proposed Subpart Q,
Section 27 Proposed Rules
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3
for Nitrogen Oxide (NOx) Emissions from Stationary Internal Combustion Engines and
Turbines: Amendments to Ill. Adm. Code Parts 211 and 217
, R07-19, comport with the
averaging language in this proceeding. IERG offered language in that regard. PC 13 at
5-7.
And finally, IERG argued that the proposal should not include the types of
emission units that are not now located in the nonattainment areas. Rather, IERG offered
that these units be removed from the present rulemaking and addressed in a future
proposal in the event that additional regulation becomes necessary. PC 13 at 8. IERG
also offered that such new units, should they come to be operated in the nonattainment
areas, would be subject to much more stringent new source standards.
Id
.
IERG will take this opportunity to address the above stated concerns. In addition,
IERG will seek clarification of certain provisions based on discussions held with its
Members following issuance of the First Notice Opinion and Order. Finally, IERG
would like to draw the Board’s attention to what it believes may be substantive
differences between the version of the amendments contained in the Board’s First-Notice
Opinion and Order, and the version of the amendments published in the Illinois Register.
II.
EMISSIONS LIMITS
IERG concurs with the Board’s opinion that the Agency has provided a detailed
explanation as to why the Agency’s proposal, as amended by the Agency’s two motions
to amend in this proceeding, is RACT for NOx. 1st Notice Opinion and Order at 20.
IERG acknowledges and appreciates that the Illinois EPA has worked with affected
sources to establish emission limits that are economically reasonable and technically
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4
achievable, and to reach resolution on the limits for sources located in the nonattainment
areas, as established in this rulemaking.
The Illinois EPA has indicated that it intends the NOx RACT rule to “provide a
floor,” i.e. a minimum emission limit, that a new unit in the nonattainment areas can
expect to be required to meet. Post-Hearing Comments of the Illinois Environmental
Protection Agency,
NOx RACT Rule
, R08-19 at 19-20 (Ill.Pol.Control.Bd. March 23,
2009) (hereafter cited as “PC 11”). IERG notes that the Board has affirmed that the
proposed emission standards may “serve as benchmark for future emissions sources that
may be located in the nonattainment areas. 1st Notice Opinion and Order at 18-19.
IERG recognizes the value of benchmarks, but is concerned that, when used as a RACT
“floor”, this approach could potentially create issues for new source permitting.
As pointed out by the Agency in its comments, new source permitting should, in
theory, result in more strict requirements than a RACT rule. PC 11 at 20. It is possible,
however, that a new source permit applicant, upon performing a site-specific analysis to
determine what level of NOx control technology constitutes BACT or LAER, could
result in an emission limitation that is less stringent than the RACT “floor” established by
this rulemaking. In such a situation, it is unclear how the Agency intends the “floor” to
function. IERG raises this issue so that the Board may be aware of the likelihood that
some sources may require the Board’s consideration of site-specific relief at a future date.
III.
COMPLIANCE DATE
Selection of a January 1, 2014 compliance date would indeed afford optimum
opportunity for planning and financing any necessary modifications to facilities.
However, IERG acknowledges the validity of the Agency’s arguments for adoption of the
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5
2012 date, particularly in regard to the impact these rules are intended to have on the
newest ozone standard and the PM2.5 daily standard. IERG appreciates the Agency’s
stated willingness to work with impacted facilities to achieve compliance in an
appropriate and timely manner.
IV.
AVERAGING PROVISIONS
IERG is substantially in agreement with the Board’s determination to revise the
language of Section 217.158(a)(1)(C), regarding the inclusion of “replacements units” in
emissions averaging plans, as suggested by both IERG and the Agency. 1st Notice
Opinion and Order at 41-42. However, for the purpose of clarity, IERG would
recommend an additional minor revision, the insertion of a comma between “capacity”
and “or” as shown on the fifth line below:
C)
Units that commence operation after January 1, 2002, if the unit
replaces a unit that commenced operation on or before January 1,
2002, or it replaces a unit that replaced a unit that commenced
operation on or before January 1, 2002. The new unit must be
used for the same purpose and have substantially equivalent or less
process capacity,
or be permitted for less NOx emissions on an
annual basis than the actual NOx emissions of the unit or units that
are replaced. Within 90 days after permanently shutting down a
unit that is replaced, the owner or operator of such unit must
submit a written request to withdraw or amend the applicable
permit to reflect that the unit is no longer in service before the
replacement unit may be included in an emissions averaging plan.
Based upon
33 Ill. Reg. at 6955.
IERG proposes changes to the proposed Section 217.158(d), regarding updates to
emissions averaging plans.
Section 217.158(d) of the first-notice version states:
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1)
If a unit that is listed in an emissions averaging plan is taken out of
service, the owner or operator must submit to the Agency, within
30 days of such occurrence, an updated emissions averaging plan;
or
2)
If a unit that was exempt from the requirements of Subpart E, F, G,
H, I, or M of this Part pursuant to Section 217.162, 217.182,
217.202, 217.222. 217.242, or 217.342, of this Part, as applicable,
no longer qualifies for an exemption, the owner or operator may
amend its existing averaging plan to include such unit within 30
days after the unit no longer qualifies for the exemption.
33 Ill. Reg. at 6956.
IERG suggests that 217.158(d)(1) be deleted as being unnecessary or, in the
alternative amended as follows:
1)
If a unit that is listed in an emissions averaging plan is permanently
shut downtaken out of service, the owner or operator must submit
to the Agency, within 390 days of such occurrence, an updated
emissions averaging plan; or
The term “taken out of service” proposed in the Illinois Register is not defined.
Consequently, taking a unit out of service for a brief period of time for routine
maintenance and repair could require modifying an emissions averaging plan. In
addition, the emissions averaging equations contained in the proposed Section 217.158(f)
account for periods of time when a unit is not operating or out of service, regardless of
whether for routine maintenance or repair, or due to operational requirements. Similarly,
a unit that is “permanently shut down” would be accounted for by the emission averaging
computation. Therefore, IERG believes that provision 217.158(d)(1) is unnecessary.
In the event that the Board deems it necessary to retain subsection (d)(1) for
recordkeeping purposes, IERG would urge the Board to consider the above suggested
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7
language, wherein the requirement to update an emission averaging plan would apply
only to units that are “permanently shut down.”
Provision 217.158(d)(2) allows units that were previously exempt to be included
in an averaging plan by amending the plan “within 30 days after the unit no longer
qualifies for the exemption.” The language is unclear as to whether the owner or operator
loses the ability to include the unit if the averaging plan is not updated within 30 days. It
is further unclear as to the need for a time limit for including formerly exempt units in an
averaging plan. Once a unit is no longer exempt, it is subject to all of the applicable
provisions of the proposed rule, and there should be no need for a time limit for including
such units in an emission averaging plan. IERG believes it is in concurrence with the
Agency’s intent, that this language is to describe exceptions to the once-per-year limit to
amending emission averaging plans contained in the proposed 217.158(c). Therefore,
IERG suggests the following changes to 217.158(d)(2):
2)
If a unit that was exempt from the requirements of Subpart E, F, G,
H, I, or M of this Part pursuant to Section 217.162, 217.182,
217.202, 217.222. 217.242, or 217.342, of this Part, as applicable,
no longer qualifies for an exemption, the owner or operator may
amend its existing averaging plan at any time
to include such unit
within 30 days after the unit no longer qualifies for the exemption.
Finally, proposed section 217.158(h) would allow exclusion from the “calculation
demonstrating compliance” certain time periods when a unit is shut down for a
maintenance turnaround. In order to rely upon the proposed exemption, an
owner/operator would have to notify the Agency in writing in advance, and
the shut
down must not exceed 45 days per ozone season or calendar year. IERG asks the Board
to clarify and to revise this provision so that it is clear the rule does not restrict that a shut
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down of a covered unit during an actual maintenance turnaround be limited to 45 days,
but that, instead, the exemption from the calculation demonstrating compliance would be
limited to 45 days. This clarification is important because the shut down of a covered
unit during a planned maintenance turnaround at a large facility, such as a petroleum
refinery, may be extended beyond a planned duration due to various reasons, including
delays associated with weather, manpower and equipment availability, as well as
unplanned or unforeseen mechanical setbacks. In that regard, IERG suggests the
following revision to proposed section 217.158(h):
h)
The owner or operator of an emission unit located at a petroleum refinery
who is demonstrating compliance with an applicable Subpart through an
emissions averaging plan under this Section may exclude from the
calculation demonstrating compliance those time periods when an
emission unit included in the emissions averaging plan is shut down for a
maintenance turnaround, provided that such owner or operator notify the
Agency in writing at least 30 days in advance of the shutdown of the
emission unit for the maintenance turnaround and the shutdown of the
emission unit does not exceed 45 days per ozone season or calendar year
and NOx pollution control equipment, if any, continues to operate on all
other emission units operating during the maintenance turnaround. This
provision is in no way intended to restrict to 45 days or less the shutdown
of a covered unit during a maintenance turnaround.
Based upon
33 Ill. Reg. at 6959.
V.
THE IMPACT ON UNITS NOT IN THE NONATTAINMENT AREAS
As repeatedly raised throughout this procedure, IERG’s primary concern remains
that this rulemaking establishes emissions limits for units that are not present in the
nonattainment areas subject to this proposal.
See
PC 13 at 8,
citing
Pre-Filed Questions
for IEPA Submitted by IERG,
NOx RACT Rule
, R08-19, at Question 11
(Ill.Poll.Control.Bd. Sept. 16, 2008); and Hearing Transcript,
NOx RACT Rule
, R08-19 at
57-64 (Ill.Poll.Control.Bd. Oct. 14, 2008) (hereafter cited as “Tr. 1”).
See also
Pre-Filed
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9
Testimony of David J. Kolaz on Behalf of the Illinois Environmental Regulatory Group,
NOx RACT Rule
, R08-19 at 19-24 (Ill.Poll.Control.Bd. Nov. 25, 2008). IERG
acknowledges Illinois EPA’s lack of concurrence in our request to omit emission
standards for units, which are not currently operated in the nonattainment areas. PC 11 at
19-20. However, IERG maintains that proposing emissions limits for such units is
inappropriate and, even perhaps, troublesome precedence. The owners and operators of
units potentially impacted under this proposal have not had the opportunity to participate
in this rulemaking. Lack of notice and opportunity to participate seems contrary to the
notion of a full and fair hearing, a notion to which we have steadily adhered.
The Illinois EPA has stated that it did not perform analyses on existing units
subject to the rule to determine whether emission limits contained in the proposal were
RACT. Tr. 1 at 15-16. Indeed, as the record shows, the initially proposed rule has been
amended to reflect what is “reasonably available, considering technological and
economic feasibility” when unit-specific factors are taken into consideration, in
compliance with federal guidance. 44 Fed. Reg. 53762 (September 17, 1979).
Considering unit-specific factors, a detailed case-by-case analysis for a particular
unit could show that, for that unit, the proposed emission limit does not reflect the
application of “reasonably available control technology.” In the case of “future” units
located in nonattainment areas, the opportunity to perform such an analysis clearly will
have passed upon the finalization of this rulemaking. Of even greater concern is the
emissions limits contained in the proposal may be viewed as the “RACT floor” for those
units located outside of the nonattainment areas, whose owners and operators have not
had opportunity for unit-specific discussions with Illinois EPA during the course of this
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10
proceeding. Such owners and operators have expressed concern to IERG that, if the
emission limits contained in the proposal were applicable to certain of their units, they
likely could not be met. Again, IERG believes it is necessary to note that these individual
companies have not had cause to engage in the discussion during the course of this
proceeding.
IERG maintains it strong position that the emissions limits contained in the
proposal should not be interpreted to represent what is “reasonably available control
technology” with regard to any unit not currently present in the nonattainment areas
subject to the proposed amendments. Any future imposition of RACT limits proposed in
this proceeding, if applied to units outside of the nonattainment areas covered by the
proposed rule, may raise implications for what constitutes “reasonably available control
technology.” Such implications may not have been addressed in this proceeding, and
may call for establishing different emissions limits. We would respectfully request the
Board to give serious consideration to IERG’s position.
VI.
REPORTING REQUIREMENTS
Sections 217.156 (j)(1) and (j)(2) of the first-notice version require the following:
1)
Information identifying and explaining the times and dates when
continuous emissions monitoring for NOx was not in operation,
other than for purposes of calibrating or performing quality
assurance or quality control activities for the monitoring
equipment; and
2)
An excess emissions and monitoring systems performance report
in accordance with the requirements of 40 CFR 60.7(c) and (d) and
60.13, or 40 CFR 75, or an alternate procedure approved by the
Agency and USEPA.
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33 Ill. Reg. at 6948.
IERG proposes that subsection (j)(1) be deleted, and that subsection (j)(2) be
amended as follows:
2)
An excess emissions and monitoring systems performance report
and/or summary report
in accordance with the requirements of 40
CFR 60.7(c) and (d) and 60.13, or 40 CFR 75.73(f), or an alternate
procedure approved by the Agency and USEPA.
The fundamental requirements of subsection (j)(1) are embodied in the provisions
of the Code of Federal Regulations (“CFR”) cited in subsection (j)(2). These CFR
references provide, among other things, the criteria and reporting detail for reporting
continuous emissions monitoring down time, which are not included in subsection (j)(1).
IERG offers that excluding subsection (j)(1) would avoid the potential for confusion
resulting from the CFR reference included in (j)(2).
IERG suggests revisions to subsection (j)(2) for the purposes of clarity and
correctness. The reference to 40 CFR 60.13 pertains to
Monitoring Requirements
, and
not recordkeeping and reporting, and thus should be excluded. The references to 40 CFR
60.7(c) and (d) deal specifically with the excess emissions and monitoring systems
performance report that is the topic of subsection (j)(2). The reference to 40 CFR
75.73(f) refers specifically to the quarterly reporting requirements within the
recordkeeping and reporting provisions of 40 CFR 75.73, which is the topic of the
proposed Section 217.156(j). The general requirements for continuous emissions
monitoring pursuant to 40 CFR Part 75 are already referenced in the proposed rule in
Section 217.157 (Testing and Monitoring).
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VII.
SUBSTANTIVE INCONSISTENCIES IN PUBLISHED VERSIONS
Comparison of the first-notice version of the proposed amendments contained in
the Board’s opinion and order,
see
1st Notice Opinion and Order at 58-107, to those in
the published Illinois Register,
see
33 Ill. Reg. 6896 and 6921, revealed differences
between the two versions. IERG includes the following listing of what it believes may be
substantive differences for the Board’s consideration.
•
The Board’s version repeals Subpart B, and designates as the new Subpart B
“Existing Fuel Combustion Emission Units.” The Illinois Register version does
not repeal Subpart B, and resultantly, the lettering of the subsequent Subparts (B
through H in the Board’s version) are shifted one letter forward (becoming C
through I in the Illinois Register version).
•
The title of the Board’s Section 217.141 in the table of contents reads as follows:
217.141
Existing Emission Units
Sources in Major Metropolitan Areas
The Illinois Register version does not reflect the change in the section’s title,
see
1st Notice Opinion and Order at 72; 33 Ill. Reg. at 6931, but does reflect the
correct title elsewhere.
See
33 Ill. Reg. at 6939.
•
The Board’s Section 217.141(c) contains the following language, which is absent
from the Illinois Register version: “and, where A, B, C and appropriate metric and
English units are determined from the following table:”
See
1st Notice Opinion
and Order at 79; 33 Ill. Reg. at 6940.
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•
The Illinois Register incorrectly titles its Subpart D (equivalent to Subpart C in
the Board’s version) as: “SUBPART D: INDUSTRIAL BOILERS”
See
1st
Notice Opinion and Order at 80; 33 Ill. Reg. at 6941.
•
Section 217.141(d)(1) differs in the two versions. In the Board’s version, the
language is changed from “sources” to “units,” while the Illinois Register does
not.
See
1st Notice Opinion and Order at 80; 33 Ill. Reg. at 6941.
•
The board’s Section 217.154(d) reads:
d)
The owner or operator of an emission unit subject to subsection (a) or
(b) of this Section must notify the Agency of the scheduled date for the
performance testing
at least 30 days in writing
before such date and
five days before such date.
1st Notice Opinion and Order, at 82 (emphasis added).
The Illinois Register version reads:
d)
The owner or operator of an emission unit subject to subsection (a) or
(b) of this Section must notify the Agency of the scheduled date for the
performance testing
in writing at least 30 days
before such date and
five days before such date.
33 Ill. Reg. at 6944 (emphasis added). IERG feels that the difference in language
could lead to potential confusion in interpretation, i.e. the 30-day notice has to be
in writing, but must the 5-day notice also?
•
The equation contained in Section 217.164(e) in the Illinois Register version is
incomplete. Comparing to the Board’s version, the Illinois Register is missing the
subscript “BFG” and closing parenthesis.
See
1st Notice Opinion and Order at
98; 33 Ill. Reg. at 6962.
•
The emissions limitations contained in the table in Section 217.244(b) differ
between the two versions. In the Board’s version, for “Reverberatory furnace”
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14
the limitation is 0.08 lb/mmBtu, in the Illinois Register, the limitation is 5.1
lb/mmBtu. Similarly, for “Crucible furnace” the Board’s value is 0.16 lb/mmBtu,
and the Illinois Register is 5.1 lb/mmBtu.
See
1
st
Notice Opinion and Order at
105; 33 Ill. Reg. at 6970.
•
In Appendix H, the Board’s version has the table of Emission Units divided by
facility, while the Illinois Register version does not.
See
1
st
Notice Opinion and
Order at 106-107; 33 Ill. Reg. at 6972-73.
•
Also in Appendix H, the Illinois Register version contains a duplicate unit
designated “BEU HM-1” as the last entry in the table.
See
33 Ill. Reg. at 6973.
VIII. CONCLUSION
IERG appreciates the efforts and attention afforded this proposal. Illinois EPA’s
willingness to work with affected sources, and the Board’s in-depth consideration of the
issues raised by regulated entities, has strengthened the quality of the proposal. Beyond
those issues described above, IERG can offer its support for the amendments as proposed
at first-notice. IERG respectfully asks, and encourages, the Board to consider these
comments, in revising the proposal for second-notice.
Both the State of Illinois and those facilities operating in the nonattainment areas
of the state share the goal to avoid federal sanctions for not having a NOx RACT rule in
place for the nonattainment areas. IERG would certainly encourage the proposed
amendments be finalized before the September 24, 2009 sanctions deadline,
see
Motion
for Expedited Review,
NOx RACT Rule,
R08-19 at 5-6 (Ill.Pol.Control.Bd. March 19,
2009). However, IERG believes the goal can be met while giving due deliberation to the
above-raised matters of concern. Again, we thank the Board for the opportunity to
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15
participate in this rulemaking, and to the consideration it has given to the issues raised
thus far.
IERG reserves the right to supplement these First Notice Comments.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
REGULATORY GROUP
Dated: July 6, 2009
By:
/s/Alec M. Davis
One of Its Attorneys
Alec M. Davis
Katherine D. Hodge
General Counsel
Monica T. Rios
ILLINOIS ENVIRONMENTAL
HODGE DWYER & DRIVER
REGULATORY GROUP
3150 Roland Avenue
215 East Adams Street
Post Office Box 5776
Springfield, Illinois 62701
Springfield, Illinois 62705
(217) 522-5512
(217) 523-4900
Electronic Filing - Received, Clerk's Office, July 6, 2009
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