BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
NITROGEN OXIDES EMISSIONS FROM)
VARIOUS SOURCE CATEGORIES:
)
AMENDMENTS TO 35 ILL. ADM. CODE)
PARTS 211 and 217
)
R08-19
(Rulemaking - Air)
NOTICE OF FILING
TO:
Mr. Jolm T.
Then~iault
Assistant Clerk of the Board
Illinois
Pollution Control Board
100 W. Randolph Street
Suite 11-500
Chicago, Illinois 60601
(VIA ELECTRONIC MAIL)
Timothy Fox, Esq.
Hearing Officer
Illinois Pollution Control Board
100 W. Randolph Street
Suite 11-500
Chicago, Illinois 60601
(VIA ELECTRONIC 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 the
FIRST NOTICE COMMENTS OF
CONOCOPHILLIPS COMPANY,
a copy of which is herewith served upon you.
Dated: July 6,2009
Katherine D. Hodge
Monica T. Rios
HODGE DWYER
&
DRIVER
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
CNPH:O II/FiIlR08-19/NOF-COS CNPH First Notice Comments
Respectfully submitted,
CONOCOPHILLIPS COMPANY,
By: IslKatherine D. Hodge
Katherine D. Hodge
nus FILING SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, July 6, 2009
* * * * * * PC # 18 * * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
NITROGEN OXIDES EMISSIONS
FROM)
VARIOUS SOURCE CATEGORIES:
)
AMENDMENTS
TO 35 ILL. ADM. CODE)
PARTS 211 and 217
)
R08-19
(Rulemaking - Air)
FIRST NOTICE COMMENTS
OF CONOCOPHILLIPS COMPANY
NOW COMES CONOCOPHILLIPS COMPANY ("ConocoPhillips"), by and
through its attomeys,
HODGE DWYER
&
DRIVER, and submits the following FIRST
NOTICE COMMENTS
OF CONOCOPHILLIPS COMPANY for consideration in the
above-referenced matter:
In the past months, ConocoPhillips has actively participated in the above-
referenced rulemaking, which seeks
to establish NOx RACT limits for several difTerent
types
of sources, including many of the boilers and process heaters at the Wood River
Refinery
("Refinery") located in Wood River, Illinois. On November 25,2008,
ConocoPhillips submitted the pre-filed testimony ofMr. David Dunn, Environmental
Director
of the Refinery. Mr. Dunn's testimony explained that four boilers and seventeen
process heaters located at the Refinery would require either emission controls or
inclusion in an averaging strategy in order to meet the NOx RACT emission limits
proposed
by the Illinois Environmental Protection Agency ("Agency") in its proposed
rule. Prefiled Testimony of David W. Dunn,
In the Matter of Nitrogen Oxides Emissions
From
Various Categories: Amendments to
35
Ill. Adm. Code Parts 211 and
217, R08-19
at 2 (Ill.Pol.Control.Bd. Nov. 25, 2008). Mr. Dunn's testimony focused on the
substantial costs that would be incurred by ConocoPhillips to install certain controls on
Electronic Filing - Received, Clerk's Office, July 6, 2009
* * * * * * PC # 18 * * * * * *
the affected boilers and process heaters and concluded that the cost per ton of NO x
controlled is well beyond the cost per ton that the Agency used to determine
NOx RACT.
Id.
at 6 - 12. In addition, Mr. Dunn's testimony commented on the proposed averaging
provision,
as well as the Agency's requirement that all boilers and process heaters over
100 MMBtu/hr install CEMs.
Id.
at 12-15.
On December 9,2008, Mr. Dunn presented his testimony to the Illinois Pollution
Control Board
("Board") during the second hearing in this matter. At that time, Mr.
Dunn testified regarding the impact of the proposed rule on the Refinery and answered
questions regarding his testimony. Subsequently, on January
20, 2009, ConocoPhillips
submitted additional materials to the Board in response to request at hearing for
additional cost data and maintenance schedules.
On February 3, 2009, ConocoPhillips
participated
in the third hearing in this matter by asking several questions of Agency
witnesses.
On March 23, 2009, ConocoPhillips filed Post-Hearing Comments describing
two remaining concerns with the Agency's proposed rule. Post-Hearing Comments
of
ConocoPhillips Company,
In the Matter of Nitrogen Oxides Emissions From Various
Categories:
Amendments to
35
Ill. Adm. Code Parts
211
and
217, R08-19 at 2-3
(Ill.PoI.ControI.Bd. Mar. 23, 2009).
Over
the last few weeks, ConocoPhillips has been working with the Agency to
resolve several issues related to maintenance turnarounds for
NOx pollution control
equipment and the inclusion of boilers and process heaters in emission averaging plans.
ConocoPhillips appreciates the Agency's cooperation and willingness to discuss
the
issues raised for the Refinery by the proposed rulemaking, and as a result of such
discussions, ConocoPhillips and the Agency have reached agreement with the Agency on
2
Electronic Filing - Received, Clerk's Office, July 6, 2009
* * * * * * PC # 18 * * * * * *
these issues. Therefore, ConocoPhillips supports the Agency's proposed amendments to
the rule as described in the
Agency's First Notice Comments.
Finally, neither the Appendix H table in the
Board's First Notice Order nor the
table published in the Illinois Register accurately reflects the list
of emission units at the
Refinery that will
be subject to the proposed rule.
See
Board Order,
In the Matter of
Nitrogen Oxides Emissions From Various Categories: Amendments to
35
Ill. Adm. Code
Parts
211
and
217, R08-19 (Ill.Pol.Control.Bd. May 7, 2009); 33 Ill. Reg. 6896 and 6921
(May 22,2009). Accordingly, ConocoPhillips requests that the Board use the Appendix
H table that the Agency provided in its Second Motion to Amend Rulemaking Proposal
filed with the Board on March 23,2009. Second Motion to Amend Rulemaking
Proposal,
In the Mcltter of Nitrogen Oxides Emissions From Various Categories:
Amendments
to
35
Ill. Adm. Code Parts
211
and
217, R08-19 (Ill.Pol.Control.Bd.
Mar. 23,
2009).
ConocoPhillips
reserves the right to supplement these First Notice Comments.
Dated: July 6,
2009
Katherine D. Hodge
Monica T. Rios
HODGE DWYER
&
DRIVER
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217)
523-4900
CNPH:O 11 IFillCNPH First Notice Comments
Respectfully submitted,
CONOCOPHILLlPS COMPANY,
By:
Is/Katherine D.
Hodge
Katherine D. Hodge
3
Electronic Filing - Received, Clerk's Office, July 6, 2009
* * * * * * PC # 18 * * * * * *
CERTIFICATE OF SERVICE
I, Katherine D. Hodge, the undersigned, hereby certify that I have served the
attached FIRST NOTICE COMMENTS OF CONOCOPHILLIPS COMPANY, upon:
Mr. John
T. Therriault
Assistant Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Timothy Fox, Esq.
Hearing Officer
Illinois
Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
foxt@ipcb.state.il.us
Gina Roccaforte, Esq.
John
1. Kim, Esq.
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
gina.roccaforte@illinois.gov
JolmJ.Kim@illinois.gov
Virginia
Yang, Esq.
Deputy Legal Counsel
Illinois Department
of Natural Resources
One Natural Resources Way
Springfield, Illinois 62702-1271
Virginia. Yang@lllinois.gov
via electronic mail on July 6,
2009.
Alec M. Davis, Esq.
General Counsel
Illinois Environmental Regulatory Group
2 I 5 East Adams
Street
Springfield, Illinois 62701
adavis@ierg.org
Matthew J. Dunn, Esq.
Chief, Environmental Bureau North
Office of the Attorney General
69 West Washington Street, Suite 1800
Chicago, Illinois 60602
mdunn@atg.state.il.us
Kathleen C. Bassi, Esq.
Stephen J. Bonebrake, Esq.
Schiff Hardin, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois
60606-6473
kbassi@schiff11ardin.com
sbonebrake@schiffhardin.com
Christina
L.
Archer, Esq.
Associate General Counsel
Arcelormittal
USA, Inc.
I
South Dearborn, 19th Floor
Chicago, Illinois
60603
Christina.Archer@arcelormittal.com
IslKatherine
D. Hodge
Katherine
D. Hodge
Electronic Filing - Received, Clerk's Office, July 6, 2009
* * * * * * PC # 18 * * * * * *