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02/03/88 Central Illinois Public v. the Pollution Control

February 3, 1988

CENTRAL ILLINOIS PUBLIC SERVICE COMPANY, PETITIONER

v.

THE POLLUTION CONTROL BOARD ET AL., RESPONDENTS



APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

518 N.E.2d 1354, 165 Ill. App. 3d 354, 116 Ill. Dec. 374 1988.IL.136

Petition for review of order of Pollution Control Board.

APPELLATE Judges:

PRESIDING JUSTICE GREEN delivered the opinion of the court. LUND and KNECHT, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE GREEN

Petitioner Central Illinois Public Service Company appeals an order of the Illinois Pollution Control Board (Board) entered March 19, 1987, which affirmed the inclusion by the Illinois Environmental Protection Agency (Agency) of a condition in an operating permit for CIPS' steam generating unit MB -- 5 located at Meredosia, Illinois. The disputed condition provides that "SO

The principal point of contention between the parties to this appeal is the meaning of the following section of the Board's Emission Standards and Limitations for Stationary Sources, Sulfur Emissions:

"No owner or operator of a fuel combustion emission source whose sulfur dioxide emission limitation is determined by Section 214.142, 214.183 or 214.184 shall cause or allow the total emissions of sulfur dioxide into the atmosphere from all fuel combustion emission sources owned or operated by such person and located within 1 mile radius (1.6 km) from the center point of any such fuel combustion source to exceed the level of sulfur dioxide emission allowed under the previous Rule 204 (effective April 14, 1972 until December 14, 1978) without first obtaining a new operating permit from the Agency. The application for a new operating permit from the Agency [ sic ]. The application for a new operating permit shall include a demonstration that such total emissions will not violate any applicable PSD [prevention of significant deterioration (in air quality)] increment." (35 Ill. Adm. Code 214.186 (1985).)

Both sections 214.183 (35 Ill. Adm. Code 214.183 (1985)) and 214.184 (35 Ill. Adm. Code 214.184 (1985)) provide alternative emissions limitations applicable to "the total emissions of sulfur dioxide into the atmosphere in any one hour period from all fuel combustion emission sources, located outside of the Chicago, St. Louis (Illinois) or Peoria major metropolitan areas, owned or operated by [a] person and located within a 1 mile radius (1.6 km) from the center point of any such fuel combustion emission source." (35 Ill. Adm. Code 214.182 (1985).) Section 214.142 (35 Ill. Adm. Code 214.142 (1985)) prescribes an alternative sulfur dioxide emission limitation for "existing combustion sources with actual heat input less than, or equal to, 73.2 MW (250 mbtu/hr) located outside the Chicago, St. Louis (Illinois) or Peoria major metropolitan areas." The limitation contained in section 214.142 does not apply to total emissions of sulfur dioxide from all sources owned by the same person and located within a one-mile radius of each other; rather, the limitation contained in that section is expressed in terms of sulfur dioxide emissions per megawatt hour of actual heat input.

The parties agree that CIPS' Meredosia steam generating unit MB -- 5 is a solid fuel combustion source located outside of the Chicago, Peoria or St. Louis major metropolitan areas, and that it is a "large emission source," with an actual heat input of greater than 73.2 megawatts.

The previous Rule 204 to which section 214.186 refers provides in pertinent part:

(c) Sulfur Dioxide Emission for Existing Fuel Combustion Sources

(1) Solid Fuel Burned Exclusively.

Existing Fuel Combustion Sources Located Outside the Chicago, St. Louis (Illinois) and Peoria Major Metropolitan Areas. No person shall cause or allow the emission of sulfur dioxide into the atmosphere in any one hour period from any existing fuel combustion source, burning solid fuel exclusively, located outside the Chicago, St. Louis (Illinois) and Peoria major metropolitan areas, to exceed the following:

(i) 6.0 pounds of sulfur dioxide per million btu of actual heat input, on or after May 30, 1975; and

(ii) 1.8 pounds of sulfur dioxide per million btu of actual heat input for all such fuel combustion emission sources located within any MMA other than Chicago, Peoria, and St. Louis (Illinois) which, according to any one ambient air monitoring station operated by or under supervision and control of the Agency within such MMA, has an annual arithmetic average sulfur dioxide level greater than; [ sic ] [formula]." (In re Proposed Amendments to Chapter 2: Air Pollution, Rule 204, Sulfur Standards and Limitations (1980), 38 Ill. PCB Op. 481, 483-84.)

"(e) Combination of Fuel Combustion Emission Sources. No person shall cause or allow the total emissions of sulfur dioxide into the atmosphere in any one hour from all fuel combustion emission sources owned or operated by such person and located within a 1 mile radius from the center point of any such fuel combustion emission source to exceed the emissions determined by the following equations: [formula]." In re Proposed Amendments, 38 Ill. PCB Op. at 486-87.

Section 201.144 of the "Prohibitions" subpart of the "Permits and General Provisions" part of the Board's Air Pollution ...


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