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HomeMy WebLinkAboutG34-01 Ordinance No . G34-01 6 AN ORDINANCE RECLASSIFYING PROPERTY FROM GI GENERAL INDUSTRIAL DISTRICT TO PCF PLANNED COMMUNITY FACILITY DISTRICT (1559 Gifford Road) WHEREAS, written application has been made to reclassify certain property located at 1559 Gifford Road from GI General Industrial District to PCF Planned Community Facility District; and WHEREAS, the Planning and Development Commission has conducted a public hearing concerning said application and has submitted its written findings and recommendation that the subject property be reclassified; and WHEREAS, the City Council of the City has reviewed the findings and recommendation of the Planning and Development Commission and concurs in such recommendations . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated March 5 , 2001, made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2 . That Chapter 19 . 08, Section 19 . 08 . 020 entitled "Zoning District Map" of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following paragraph: The boundaries hereinafter laid out in the ` Zoning District Map' , as amended, be and are hereby altered by including in the PCF Planned Community Facility District the following described property: EXCEPTING THE EAST 277 FEET THEREOF; THAT PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 31 , AND THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 32 , TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS : COMMENCING AT AN EXISTING IRON STAKE AT THE CENTER LINE OF GIFFORD AND SPAULDING ROAD; THENCE NORTH 89 DEGREES 58 MINUTES 09 SECONDS EAST, ALONG THE CENTER LINE OF SAID SPAULDING ROAD AS MONUMENTED, A DISTANCE OF 33 . 00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF GIFFORD ROAD, SAID RIGHT OF WAY LINE BEING 33 . 00 FEET EASTERLY AS MEASURED PERPENDICULAR AND PARALLEL TO SAID CENTER LINE OF GIFFORD ROAD; THENCE SOUTH 00 DEGREES 13 MINUTES 56 SECONDS WEST, ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 710 . 00 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 58 MINUTES 9 SECONDS EAST, PARALLEL WITH SAID CENTER LINE OF SPAULDING ROAD, A DISTANCE OF 1262 . 38 FEET TO THE EASTERLY LINE OF SAID EAST HALF OF THE NORTHEAST QUARTER OF SECTION 31 ; THENCE CONTINUING NORTH 89 DEGREES 58 MINUTES 09 SECONDS EAST, ALONG SAID LINE PARALLEL WITH THE CENTER LINE OF SPAULDING ROAD, A DISTANCE OF 365 . 73 FEET THENCE SOUTH 00 DEGREES 17 MINUTES 07 SECONDS, A DISTANCE OF 893 . 59 FEET TO THE NORTH LINE OF THE ELGIN-VICTOR INDUSTRIAL PARK, BEING A SUBDIVISION OF PART OF SAID SECTIONS 31 AND 32 ; THENCE NORTH 89 DEGREES 41 MINUTES 49 SECONDS WEST, ALONG SAID NORTH LINE, A DISTANCE OF 1627 . 93 FEET TO THE FORE SAID EASTERLY RIGHT OF WAY LINE OF GIFFORD ROAD; THENCE NORTH 00 DEGREES 22 MINUTES 49 SECONDS EAST, ALONG SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 256 . 75 FEET TO AN ANGLE POINT IN SAID EASTERLY RIGHT OF WAY LINE; THENCE NORTH 00 DEGREES 13 MINUTES 56 SECONDS EAST, ALONG SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 627 . 36 FEET TO THE POINT OF BEGINNING. BEING SITUATED IN THE CITY OF ELGIN, COOK COUNTY, ILLINOIS AND CONTAINING 27 . 7 ACRES MORE, OR LESS . (PROPERTY COMMONLY KNOWN AS 1559 GIFFORD ROAD) . Section 3 . That the City Council of the City of Elgin hereby grants the rezoning from PAB Planned Area Business District to PCF Planned Community Facility District at 1559 Gifford Road which shall be designed, developed, and operated subject to the following provisions : A. Purpose and Intent. The purpose of this PCF Planned Community Facility District is to provide a planned environment for the various types of community facilities, subject to the provisions of Chapter 19 . 60, Planned Developments . In general , community facilities provide governmental , recreational, educational , health, social , religious, and transportation services to the community on a for profit or a not for profit basis . B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol " [SR] " , shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19 . 90, Supplementary Regulations, of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions . In this PCF District, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 05, General Provisions, of the Elgin Municipal Code, as may be amended from time to time . D. Zoning Districts - Generally. In this PCF Planned General Industrial District, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 07, Zoning Districts, as may be amended from time to time . E. Location and Size of District. PCF Planned Community facility Districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PCF District exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two acres, unless such land is located between any nonresidential zoning district, and any residence district or an residence conservation district, which all have frontage on the same block. No departure from the required minimum size of a planned community facility district shall be granted by the City Council . F. Land Use. In this PCF Planned Community Facility District, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 10, Land Use, of the Elgin Municipal Code, as amended. The only permitted use allowed within this PCF zoning district shall be an "electric power generation facility" (UNCL) which shall be operated, located and designed in accordance with the following documents : 1 . Development Application, submitted by Ameren Energy Development Company, and dated December 20, 2000 (a copy of which is attached hereto as exhibit B) . 2 . Statement of Purpose, Conformance, and Departures, submitted by Ameren Energy Development Company (a copy of which is attached hereto as exhibit C) . 3 . Site Plan, prepared by Sargent & Lundy, L.L.C. , and dated December 15 , 2000 (a copy of which is attached hereto as exhibit D) . 4 . Final Landscape Plan, prepared by Ives/Ryan Group, Inc . , and dated January 11, 2001 (a copy of which is attached hereto as exhibit E) . S . The electrical power generation facility shall not be operated for any hours in excess of those provided in the proposed draft Illinois Environmental Protection Agency permit for the subject facility (a copy of which is attached hereto as exhibit F) . G. Site Design. In this PCF Planned General District, the use and development of land and structures shall be subject to the provisions of Section 19 . 12 , Site Design, of the Elgin Municipal Code, as amended. In this PCF Planned General Industrial District, the use and development of land and structures shall be subject to Section I . , Supplementary Conditions, of this ordinance, and shall be in substantial conformance with the following documents : 1 . Development Application, submitted by Ameren Energy Development Company, and dated December 20 , 2000 (exhibit B) . 2 . Statement of Purpose, Conformance, and Departures, submitted by Ameren Energy Development Company (exhibit C) . 3 . Site Plan, prepared by Sargent & Lundy, L.L. C. , and dated December 15, 2000 (exhibit D) . 4 . Final Landscape Plan, prepared by Ives/Ryan Group, Inc . , and dated January 11, 2001 (exhibit E) . H. Off Street Parking. In this PCF Planned Community Facility District, off street parking shall be subject to the provisions of Chapter 19 . 45, Off Street Parking, of the Elgin Municipal Code, as may be amended, except as provided within this section. The location and design of driveways and off street parking facilities shall be subject to Section I . , Supplementary Conditions, of this ordinance, and shall be in substantial conformance with the Site Plan, prepared by Sargent & Lundy, L.L. C. , and dated December 15, 2000 . I . Supplementary Conditions. The following supplementary conditions shall also apply to the use and development of land and structures within this PGI zoning district : 1 . Storage of materials and equipment within the commercial operations yard shall be limited to the following items : the switchyard and equipment necessary for its operation, turbines, transformers, generators, gas meters, gas heaters, water storage tanks, demineralizer trailers, water pump houses, and oil water separators . 2 . There shall be no above ground fuel storage at any time . 3 . The Final Landscape Plan shall be revised by substituting a minimum of one half of the proposed shade trees with coniferous trees measuring not less than 6 feet in height . 4 . All shade trees shall have a minimum 3 inch caliper. 5 . The proposed chain link fence shall be black vinyl coat chain link fencing. 6 . All structures (with exception to the fencing) located within the facility shall be painted with the PPG Architectural Finishes, Inc . color #453-2 ("Tradewinds" ) . 7 . The proposed secondary access road shall be paved with either asphalt or concrete as required by Section 19 . 45 . 170 (B. ) , Surfacing for Vehicle Use Areas, of the Elgin Municipal Code . 8 . Compliance with all other applicable codes and ordinances . J. Off Street Loading. In this PCF Planned Community Facility District, off street loading shall be subject to the provisions of Chapter 19 .47, Off Street Loading, as may be amended from time to time . K. Signs . In this PCF Planned Community Facility District, signs shall be subject to the provisions of 19 . 50, Signs, as may be amended from time to time . L. Planned Developments. In this PCF Planned Community Facility District, the use and development of the land and structures shall be subject to the provisions of Chapter 19 . 60 , Planned Developments, as may be amended from time to time . A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners authorize such an application. M. Conditional Uses. In this PCF Planned Community facility District, application for conditional uses shall be subject to the provisions of Chapter 19 . 65, Conditional Uses, as may be amended from time to time . A conditional use may be requested by an individual property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners authorize such an application. N. Variations. In this PCF Planned General Industrial District, application for variation shall be subject to the provisions of Chapter 19 . 70, Variations, as may be amended from time to time . A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners authorize such an application. O. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19 . 75, Appeals, as may be amended from time to time . Section 4 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 5 . That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. Ed Sc hock, Mayor Presented: June 13, 2001 Passed: June 13 , 2001 Omnibus Vote: Yeas 6 Nays 0 Recorded: June 14, 2001 Published: Attest : Dolonna Mecu i, it Clerk March 5, 2001 FINDINGS OF FACT Planning and Development Commission City of Elgin,Illinois SUBJECT Consideration of Petition 01-01 Requesting a Map Amendment from GI General Industrial District to PCF Planned Community Facility District, to Permit the Development of an Electric Power Generation Facility; Property Located at 1559 Gifford Road by Ameren Energy Development Company, as Applicant, and the Elgin, Joliet, & Eastern Railway, as Owner. BACKGROUND Requested Action: Map Amendment Current Zoning: GI General Industrial District Proposed Zoning: PCF Community Facility District Intended Use: Electric Power Generation Facility Property Location: 1559 Gifford Road Applicant: Ameren Energy Development Company Owner: Elgin, Joliet, & Eastern Railway Staff Coordinator: Lauren Kieck, Associate Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Proposed Development Plan, submitted by Ameren (see attached) Energy Company, and dated December 20, 2000. Exhibit A Findings of Fact Planning and Development Commission �•. Petition 01-01 March 5, 2001 D. Proposed PCF Ordinance,prepared by the Community (see attached) Development Group. BACKGROUND An application has been filed by Ameren Energy Development Company requesting a map amendment from GI General Industrial District to PCF Planned Community Facility District. The subject property is located at 1559 Gifford Road(reference Exhibits A and B). The applicant proposes to develop the subject property with an electric power generation facility. The proposed facility will provide electricity during times of peak electricity usage, and therefore, would not operate year round. The site will be developed with up to four turbines,a switchyard,a service building, water storage tanks, and ancillary equipment. The proposed turbines will be powered by natural gas. Electric power generation facilities are only allowed as a conditional use in the CF Community Facility District. Accordingly, the applicant is requesting to rezone the 27.7 acre site from GI General Industrial District to PCF Planned Community facility District(reference Exhibits C and D). FINDINGS After due notice, as required by law, the Planning and Development Commission held a public hearing in consideration ofPetition 01-01 on February 19,2001. The applicant testified at the public hearing and presented documentary evidence in support of the application. Objectors spoke at the public hearing and written correspondence has been submitted with respect to the requested map amendment. The Community Development Group submitted an Map Amendment Review, dated February 8, 2001. The Planning and Development Commission has made the following findings concerning the standards for planned developments: A. Site Characteristics Standard. The suitability of the subject property for the intended zoning district with respect to its size, shape, significant natural features (including topography, watercourse and vegetation), and existing improvements. Findings. The subject property is suitable for the intended zoning district with respect to the site characteristics standard. Findings of Fact Planning and Development Commission Petition 01-01 March 5, 2001 The subject property is a regularly shaped parcel containing approximately 28 acres of land. A total of 1.62 acres of wetlands are located on the site. A sanitary sewer lift station owned by the City of Elgin is located along the westerly lot line of the subject property. The site is currently undeveloped with no other significant natural features. B. Sewer and Water Standard. The suitability of the subject property for the intended zoning district with respect to the availability of adequate municipal water,wastewater treatment, and storm water control facilities. Findings. The subject property is suitable for the intended zoning district with respect to the sewer and water standard. The subject property will be served by municipal water, sanitary sewer, and stormwater control services. C. Traffic and Parking Standard. The suitability of the subject property for the intended zoning district with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. folk Findings. The subject property is suitable for the intended zoning district with respect to the traffic and parking standard. The subject property is located along Gifford Road just north of Spaulding Road. Gifford Road is a local street serving the southeast side of Elgin. Off street parking will be provided in conformance with the Off Street Parking ordinance. D. Zoning History Standard. The suitability of the subject property for the intended zoning district with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The subject property is suitable for the intended zoning district with respect to the length of time the property has remained undeveloped or unused in its current zoning district. The subject property has been zoned as follows for the years listed: 1927 Out of City 1950 Out of City 1960 Out of City 1962 Out of City 1992 M-2 General Manufacturing District Present GI General Industrial District -3- Findings of Fact Planning and Development Commission .. Petition 01-01 March 5,2001 The subject property was annexed and zoned M-2 General Manufacturing District in 1965. In 1992,a comprehensive amendment to the zoning ordinance rezoned the site to GI General Industrial District. E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended zoning district with respect to consistency and compatibility with surrounding land use and zoning. Findings. The subject property is suitable for the intended zoning district with respect to consistency and compatibility with surrounding land use and zoning. The subject property is located within the Elgin-Victor Industrial Subdivision. The areas directly north,south,and east of the subject property are zoned GI General Industrial District and developed with industrial land uses. The area to the west of the subject property is located outside of Elgin's corporate limits and is undeveloped. F. Trend of Development Standard. The suitability of the subject property for the intended zoning district with respect to consistency with an existing pattern of development or an identifiable trend of development in the area. Findings.The subject is suitable for the intended zoning district with respect to consistency with an existing pattern of development or an identifiable trend within the area. The subject property is located within a GI General Industrial District developed with industrial land uses. G. Zoning District Standard. The suitability of the subject property for the intended zoning district with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. The purpose and intent of the PCF Planned Community Facility District is to provide a planned environment for various types of community facilities,subject to the provisions of Chapter 19.60, Planned Developments. In general, community facilities provide governmental,recreational,educational,health,social,religious,and transportation services to the community on a for profit or on a not for profit basis. The purpose and intent of the provision for planned developments is to accommodate unique development situations. For planned development districts,the planned development should demonstrate the following characteristics: -4- Findings of Fact Planning and Development Commission Petition 01-01 March 5, 2001 1. An opportunity to realize a development of demonstrated need with respect to the types of environment available to the public that would not be possible under the strict application of the other chapters of this title. 2. A creative approach to the use of land and related improvements resulting in better design and construction of aesthetic amenities. 3. The preservation of significant natural features including topography,watercourses, wetlands, and vegetation. A PCF District should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PCF zoning district exclusive of rights of way,but including adjoining land or land directly opposite a right of way shall not be less than two acres, unless such land is located between any nonresidential zoning district, and any residence district of any residence conservation district, which all have frontage on the same street and on the same block. No departure from the required minimum size of a PCF zoning district shall be granted by the City Council. Findings. The subject property is suitable for the intended zoning district with respect to conformance to the provision for the purpose and intent, and the location and size of a PCF Planned Community Facility District. The proposed map amendment is in substantial conformance with the purpose and intent of the planned development provisions and will provide an opportunity to realize a development of demonstrated need that would not be possible under the strict application of the other chapters of this title. Likewise,the proposed planned development is located in substantial conformance to the official comprehensive plan. The proposed planned development will be subject to the specific site plan and landscape plan. The proposed landscape plan contains a greater number of plant materials than what is required by the CF Community Facility District and the commercial operations yard requirements. Furthermore, the applicant proposes to locate a berm along Gifford Road that is intended to provide additional screening for the facility. H. Comprehensive Plan Standard. The suitability of the subject property for the intended zoning district with respect to conformance to the goals, objectives, and policies of the official comprehensive plan. Findings. The subject property is suitable for the intended zoning district with respect to the Comprehensive Plan Standard. -5- Findings of Fact Planning and Development Commission Petition 01-01 March 5, 2001 The Official Comprehensive Plan designates the subject property as "general manufacturing." I. Natural Preservation Standard. The suitability of the subject property for the intended planned development with respect to the preservation of all significant natural features including topography,watercourses,wetlands, and vegetation. Findings. The subject property is suitable for the intended planned development with respect to the Natural Preservation Standard. The subject property contains 1.62 acres of wetlands. The applicant does not intend to provide mitigation for the development of the wetlands. J. Internal Land Use Standard. The suitability of the subject property for the intended planned development with respect to the land uses permitted within the development being located, designed, and operated so as to exercise no undue detrimental influence on each other or on surrounding property. Findings. The subject property is suitable for the intended planned development with respect to the internal land use standard. No evidence has been submitted or found that the proposed planned development will be located,designed,or operated in a manner that will exercise undue detrimental influence on itself or surrounding property. The applicant has submitted documents indicating that the facility will be designed to operate in accordance with all county and state regulations regarding noise and air pollution. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS A planned development may be granted certain departures from the normal standards,regulations, requirements, and procedures of the zoning ordinance. For the purposes of this section, the most similar zoning district is the CF Community Facility District. The applicant is requesting the following departures from the standard requirements of the CF District: 1. Section 19.45.170(B.)-Surfacing for Vehicle Use Areas. The zoning ordinance requires all areas intended for use by motor vehicles to be improved with a paved surface. The applicant proposes to improve the proposed secondary access road with gravel rather than a paved surface. -6- Findings of Fact Planning and Development Commission Petition 01-01 March 5,2001 2. Section 19.90.182 (E.) - Screening for Commercial Operations Yards. The zoning ordinance requires all commercial operations yards to be fully screened by a solid fence constructed and maintained at a minimum height of 6 feet. The applicant is proposing to enclose the commercial operations yard with a 7 foot chain link fence with three strands of barbed wire. 3. 19.90.320 (A., 2.) - Required Street Setbacks and Street Yards for Fences. Within a street yard,no partially open fence may exceed 4 feet in height. The applicant is proposing a 7 foot chain link fence with three strands of barbed wire within a street yard. SUMMARY OF FINDINGS,UNRESOLVED ISSUES,AND ALTERNATIVES The Planning and Development Commission has developed or identified the following findings, unresolved issues, and alternatives: A. Summary of Findings. 1. General. The applicant is requesting a departure of the screening requirements for a commercial operations yard. The purpose and intent of this requirement is to screen the storage of equipment and materials located within the commercial operations yard. The proposed commercial operations yard will contain various equipment necessary to the operation of the electric power generation facility, the majority of which will be permanently located within the storage yard. Likewise,the type of equipment and materials permitted within the proposed commercial operations yard will be regulated by the PCF Planned Community Facility District Ordinance governing the subject property. The applicant has also agreed to provide a berm located along Gifford Road intended to screen the facility and landscaping that exceeds the typical requirements for a commercial operations yard. 2. Zoning District. The proposed map amendment is in substantial conformance with the purpose and intent of the planned development provisions and will provide an opportunity to realize a development of demonstrated need with respect to the types of environment available to the public that would not be possible under the strict application of the other chapters of this title. Likewise, the proposed planned development is located in substantial conformance to the official comprehensive plan. The proposed planned development will be subject to the specific site plan and landscape plan. The proposed landscape plan contains a greater number of plant materials than what is required by the CF Community Facility District and the -7- Findings of Fact Planning and Development Commission Petition 01-01 March 5,2001 commercial operations yard requirements. Furthermore, the applicant proposes to locate a berm along Gifford Road that is intended to provide additional screening for the facility. 3. Internal Land Use. No evidence has been submitted or found that the proposed planned development will be located, designed, or operated in a manner that will exercise undue detrimental influence on itself or surrounding property. The applicant has submitted documents indicating that the facility will be designed to operate in accordance with all county and state regulations regarding noise and air pollution. 4. Comprehensive Plan. The Official Comprehensive Plan designates the subject property as "general manufacturing." B. Summary of Unresolved Issues. The applicant a requesting a departure from the surfacing requirements for the proposed secondary access road. The Community Development Group maintains that the access road should be paved in accordance with the surfacing requirements. C. Summary of Alternatives. Other than an approval,a denial,or an approval with some combination of conditions,there are no substantive alternatives. RECOMMENDATION The Planning and Development Commission recommends the approval of Petition 01-01. On a motion to recommend approval, subject to the following conditions, the vote was five(5)yes and two (2)no: 1. Substantial conformance to the Development Application, submitted by Ameren Energy Development Company, and dated December 20, 2000. 2. Substantial conformance to the Statement of Purpose,Conformance,and Departures, submitted by Ameren Energy Development Company. 3. Substantial conformance to the Site Plan,prepared by Sargent&Lundy,L.L.C.,and dated December 15, 2000. -8- Findings of Fact Planning and Development Commission Petition 01-01 March 5, 2001 4. Substantial conformance to the Final Landscape Plan,prepared by Ives/Ryan Group, Inc., and dated January 11, 2001. 5. The location and placement of equipment within the commercial operations yard shall be limited to the following items: the switchyard and equipment necessary for its operation, turbines, transformers, generators, gas meters, gas heaters, water storage tanks,demineralizer trailers,water pump houses,and oil water separators;all as depicted on the Site Plan, prepared by Sargent & Lundy, L.L.C., and dated December 15, 2000. Temporary maintenance equipment is not subject to this provision. 6. There shall be no above ground fuel storage at any time. 7. The Final Landscape Plan shall be revised by substituting a minimum of one half of the proposed shade trees with coniferous trees measuring not less than 6 feet in height. 8. All shade trees shall have a minimum 3 inch caliper. 9. The proposed chain link fence shall be black vinyl coat chain link fencing. 10. All structures (with exception to the fencing, the switchyard, the electrical towers, and the building,if constructed of gray split-face concrete block)located within the facility shall be painted with the PPG Architectural Finishes, Inc. color #453-2 ("Tradewinds'). 11. The proposed secondary access road shall be paved with either asphalt or concrete as required by Section 19.45.170(B.),Surfacing for Vehicle Use Areas,of the Elgin Municipal Code. 12. Compliance with all other applicable codes and ordinances. Therefore,the motion to recommend approval of Petition 01-01 was adopted. -9- Findings of Fact Planning and Development Commission Petition 01-01 March 5, 2001 George Wo f, Ch Planning and Development Commission David Sundland, Secretary Planning and Development Commission -10- 63 72 Higgins Rd Dundee Rd a <>:0 y Y 41- r{v �° 72 t 90 31 qb o �yd I °� cocky a � � 25 � I a Big m � I � I � > cc ds R° Northwest Toltway u ( Shoe Factory Rd I a Congdon Ave °6 ° � o o �S+rns St ,cD t Summit St 0 r j Golf Rd 58 o � H'Shl�,d Ave Bode Rd Pye W Chicago St l Ch' parkin :n •��/ ca90 St 19 �haumbur9 Rd U) a 3 �� U.S- 20 Bypass c or City Blvd SUBJECT PROPERTY PETITION 01-01 �dke 31 Bowes Rd �a�� m a Kenyon R V 59 � I � 25 1 z Hopes Rd x `: N Sartlert Rd U- 3,{iddle St J.o DUPAGE CO, 4 I `o `Stems Rd n LOCATION MAP / EXHIBIT A DEVELOPMENT SERVICES CITY OF ELGIN PG1 SPAULDING RD G1 SUBJECT PROPERTY PETITION 01-01 AS RD. O C7 ... WEST BARTLETT RD. G1 ZONING MAP / EXHIBIT B 400 0 800 DEVELOPMENT SERVICES CITY OF ELGIN SCALE IN FEET (scale is approximate) LEGEND RESIDENCE DISTRICTS BUSINESS DISTRICTS INDUSTRIAL DISTRICTS SFR7 SINGLE FAMILY RESIDENCE 1 RI RESIDENCE BUSINESS ORI OFFICE RESEARCH INDUSTRIAL SFR2 SINGLE FAMILY RESIDENCE 2 NB NEIGHBORHOOD BUSINESS GI GENERAL INDUSTRIAL TFR TWO FAMILY RESIDENCE AS AREA BUSINESS CI COMMERCIAL INDUSTRIAL MFR MULTIPLE FAMILY RESIDENCE CCt CENTER CITY 1 PORI PLANNED OFFICE RESEARCH PSFR1 PLANNED SINGLE FAMILY RESIDENCE 1 Cc2 CENTER CITY 2 INDUSTRIAL PSFR2 PLANNED SINGLE FAMILY RESIDENCE 2 PRB PLANNED RESIDENCE BUSINESS PGI PLANNED GENERAL INDUSTRIAL PTFR PLANNED TWO FAMILY RESIDENCE PNB PLANNED NEIGHBORHOOD BUSINESS PMFR PLANNED MULTIPLE FAMILY RESIDENCE PAS PLANNED AREA BUSINESS CONSERVATION DISTRICTS PCC PLANNED CENTER CITY RCt RESIDENCE CONSERVATION 1 COMMUNITY FACILITY DISTRICTS RC2 RESIDENCE CONSERVATION 2 CF COMMUNITY FACILITY PRESERVATION DISTRICTS RC3 RESIDENCE CONSERVATION 3 PCF PLANNED COMMUNITY FACILITY HP HISTORIC PRESERVATION PRC PLANNED RESIDENCE FRP FOX RIVER PRESERVATION CONSERVATION 217/782-2113 DRAFT CONSTRUCTION PERMIT - NSPS PERMITTEE Ameren Energy Generating Company Attention: Michael L. Menne 1901 Chouteau Avenue P.O. Box 66149 MC 602 St. Louis, MO 63166-6149 Application No: 00100065 I.D. No. : 031438ABC Applicants Designation: EEC Date Received: October 26, 2000 Subject: Gas Turbines (Power Production) Date Issued: Location: Elgin Energy Center, 1559 Gifford Road, Elgin, Cook County Permit is hereby granted to the above-designated Permittee to CONSTRUCT emission source(s) and/or air pollution control equipment consisting of four simple cycle gas turbines (CT 01-04) (nominal plant capacity - 540 MWe, rated heat input 1472 mmBtu/hr per turbine) equipped with dry low-NOx burners, two indirect heaters (Heater A and B) and other associated ancillary equipment as described in the above referenced application. This Permit is subject to standard conditions attached hereto and the following special condition(s) : la. The turbines are subject to the New Source Performance Standard (NSPS) for Stationary Gas Turbines, 40 CFR 60, Subpart A and GG. The Illinois EPA is administrating NSPS in Illinois on behalf of the United States EPA under a delegation agreement. b. The Permittee shall not emit into the atmosphere from any turbine any gases which contain nitrogen oxides (NOx) in excess of the applicable standards pursuant to 40 CFR 60.332 (a) (1) . C. The Permittee shall not emit into the atmosphere from any turbine any gases which contain sulfur dioxide (SO2) in excess of 0.015 percent by volume at 15 percent oxygen and on a dry basis, or shall not burn any fuel which contains sulfur in excess of 0.8 percent by weight, pursuant to 40 CFR 60.333 (a) and (b) . d. At all times, the Permittee shall maintain and operate the turbines in a manner consistent with good air pollution control practice for minimizing emissions, pursuant to the NSPS, 40 CFR 60.11(d) . 2. The turbines are affected units under the Acid Rain Deposition Control Program pursuant to Title IV of the Clean Air Act and are subject to certain permit requirements and emissions monitoring requirements pursuant to 40 CFR Parts 72, 73 and 75. As affected units under the Acid Rain Program, the Permittee must also obtain an Acid Rain Permit for operation of the turbines in accordance with 40 CFR 72.30(b) (2) (ii) and 72.32 (a) . 3a. The only fuel fired in the turbines shall be natural gas. Exhibit F Page 2 of 12 Draft b. The turbines, in total, shall not fire more than 8,220 million standard cubic feet of natural gas per year. Compliance with this limit shall be determined from a running total of 12 months of data. C. The turbines, in total, shall not operate more than 5,744 hours per year. Compliance with this limit shall be determined from a running total of 12 months of data from the sum of operating hours counted as set forth below: i. Each hour of operation for a turbine operating with wet compression on for power augmentation shall be counted as 1.55 hours. For this purpose, wet compression for power augmentation means introducing water into the inlet air duct immediately before the compressor section of the turbine following achievement of base power output to increase power output from the turbine; ii. Each startup hour for a turbine shall be counted as 1.2 hours; and iii. Each hour of operation for a turbine operating in other modes than identified in Condition 3(c) (i) and (ii) shall be counted as 1 hour. d. i. Each turbine shall be equipped, operated, and maintained with dry low NOx combustors to control NOx emissions. ii. A. Hourly emissions from each turbine shall not exceed the following limits except during startup and shutdown as addressed by Condition 3(e) (ii) (B) and when wet compression is on as addressed below. These limits are based on the information provided in the permit application. Compliance with these limits shall be determined from emission testing in accordance with Condition 12 (3-run average) or emission monitoring in accordance with Condition 11 (24-hour average) . NOx CO VOM (lb/hr) (lb/hr) (lb/hr) PM/PM" sO, (lb/mmBtu) (lb/mmBtu) (lb/mmBtu) (lb/hr) (lb/hr) 82.0 66.0 2.8 10.0 0.62 (0.0557)1 (0.05)1 (0.002)1 1 - Based on Higher Heating Value (HHV) of the fuel. B. Not withstanding the NOx limit above, during operation of a turbine with wet compression on for power augmentation, NOx emissions shall not exceed 127 lb/hr (0.087 lb/mmBtu (HHV) ) . e. i. The annual emissions from the facility turbines (Total 4 turbines) shall not exceed the following limitations. Compliance with these limitations shall be determined from a running total of 12 months of data. Page 3 of 12 Draft Emissions Pollutant (tons/year) NOX 235.5 CO 237.0 PM/PM" 42.2 VOM 11.7 so, 2.9 ii. For purpose of determining compliance with the above limitations: A. Unless emission monitoring is performed for a pollutant, emissions during periods other than startup shall be determined from emission factors developed from testing in accordance with Condition 12 (NOX, CO, VOM and PM/PM10) and analysis of fuel sulfur content or standard factors (SO2) . B. Unless an alternative factor is established for the pollutant or emissions monitoring is performed for the pollutant, emissions of NOX, CO and VOM during an hour that includes a startup shall be presumed to be 120, 700 and 1200 percent respectively of the limits in Condition 3 (d) (ii) (A) , i.e. NOK, CO and VOM emissions during an hour with a startup shall be presumed to be 98.4 lb/hr, 462 lb/hr and 33.6 lb/hr, respectively. These presumptions are based on data in the application describing maximum emissions during startup of a turbine. Any alternative factor for emissions during startup of a turbine shall be based on representative emission testing conducted with USEPA Reference Test Methods. (Refer to Condition 12.) C. The establishment of the above procedures for determining compliance with the annual emission limits shall not shield the Permittee from responsibility to account for all emissions from the source, including emissions during startup or upset conditions, as other credible information may demonstrate that the above procedures do not adequately account for the actual emissions of the source. f. Annual emissions of hazardous air pollutants from the source shall be less than 10 tons of any hazardous pollutant and less than 25 tons in aggregate for any combination of hazardous air pollutants, as indirectly addressed by limits on emissions of criteria pollutants. The above limits are established to address applicability of 40 CFR 52.21, the federal rules for Prevention of Significant Deterioration of Air Quality (PSD) and the state rules for Major Stationary Source Construction and Modification (MSSCAM) , 35 IAC, Part 203. These limitations ensure that the construction and operation of the turbines do not constitute a new major source pursuant to PSD or MSSCAM. 4a. The emission of smoke or other particulate matter from each turbine shall not have opacity greater than 30 percent, pursuant to 35 IAC 212.123 (a) . Page 4 of 12 Draft b. Each turbine shall be operated in a manner consistent with good air pollution control practice to minimize emissions and opacity during startup and shutdown including the following. These practices shall be reviewed at least annually and enhanced consistent with good air pollution control practice based on actual operating experience and performance of the turbines. A. The Permittee shall manage the operation of the turbines to minimize multiple startups of a turbine in a single day, unless startup is tripped off, and to provide adequate time for normal startup of the turbines, except for "quick starts" that are due to requests for immediate delivery of power, as would result from unexpected loss of a transmission line or other generating capacity. B. Except during startup or shutdown of a turbine or for the purpose of emission testing, the Permittee shall not operate turbines below 75 percent load at which emission testing conducted in accordance with Condition 12(b) has demonstrated compliance with the applicable hourly emission limits in Conditions 3 (d) (ii) (see Condition 12 (b) (iii) ) . C. The Permittee shall operate in accordance with the manufacturer's written instructions or other written instructions developed and maintained by the Permittee, which shall include at a minimum the following measures: I. Review of operating parameters of the unit during startup, or shutdown as necessary to make adjustments to reduce emissions; and II. Implementation of inspection and repair procedures for a turbine prior to attempting startup following repeated trips. D. The Permittee shall maintain the turbines in accordance with written procedures developed and maintained by them. 5. Emissions of NOX, CO, and VOM from each indirect heater shall not exceed 1.36 lb/hr, 0.12 lb/hr, and 0.16 lb/hr, respectively. Annual emissions of NOX, CO, and VOM from the two indirect heaters shall not exceed 11.9 ton/yr, 1.1 ton/yr, and 1.4 ton/yr, respectively. These limits are based on the information provided in the application and operation of each indirect heater for 8760 hours per year. 6a. This permit is issued based on the source not being a participating source or new participating source under the Emission Reduction Market System (ERMS) , 35 IAC Part 205, because its VOM emissions during each seasonal allotment period are expected to be less than 10 tons. This reflects an expectation that actual VOM emissions will be less than allowed by Condition 3 (e) . b. The Permittee shall become subject to the ERMS as a new participating source if the VOM emissions from the source are 10 tons or greater in any seasonal allotment period. In such case, the Permittee shall hold + Allotment Trading Units (ATU) for its seasonal emissions in accordance t/"" with 35 IAC 205.150(d) (2) and 205.720. For this purpose, the source's Page 5 of 12 Draft VOM emissions shall be determined by the methods and procedures specified in this permit or the Clean Air Act Permit Program (CAAPP) permit for the source. C. The Permittee shall promptly notify the Illinois EPA if the source's VOM emissions are 10 tons or greater in a season [see also Condition 13(e) (v)] . By December 1 of the year in which seasonal VOM emissions are first 10 tons or greater, the Permittee shall submit a request for a revision to this construction permit or the source's CAAPP permit to address applicable requirements of the ERMS. This request shall include a certification acknowledging that it will be required to hold ATUs by the end of each reconciliation period. [35 IAC 205.310(a) and (g) (2)] . 7a. Under this permit, each turbine may be operated for a period of up to 180 days from initial startup to allow for equipment shakedown and emissions testing as required. The Illinois EPA, upon request of the Permittee, may extend this period if additional time is needed to complete shakedown or perform emission testing. b. Upon successful completion of emission testing demonstrating compliance with applicable limitations, the Permittee may continue to operate the turbines as allowed by Section 39.5 (5) of the Environmental Protection Act. The Permittee shall submit a complete CAAPP application within 12 months after commencing operation. C. This condition supersedes standard Condition 6. 8. The Permittee shall furnish the Illinois EPA with written notification as follows with respect to commencement of construction and operation of the turbines: a. The date construction of the turbines commenced postmarked no later than 30 days after such date, pursuant to 40 CFR 60.7(a) (1) ; b. The actual date of initial startup of the turbines, postmarked within 15 days after such date, pursuant to 40 CFR 60.7(a) (3) ; and C. The actual date that each turbine begins gainful operation, with electricity produced by the turbine available for sale at more than the minimum or avoided cost of the purchaser, postmarked within 15 days after such date. 9. Each turbine shall each be equipped, operated, and maintained with a continuous monitoring system to monitor and record the fuel consumption, pursuant to 4.0 CFR 60.334 (a) . 10a. The Permittee shall sample and analyze for the sulfur content of the fuel for the CTs in accordance with the Federal Acid Rain Program 40 CFR 75.11(d) [refer to Part 75, Appendix D, Section 2.3 for pipeline natural gas combustion] unless it elects to install and operate CEMS for emission of So. from the CTs. b. Monitoring of fuel nitrogen content is not required while pipeline quality natural gas, as defined in 40 CFR 72.2, is being fired in the turbines. Page 6 of 12 Draft C. The above provisions establish a custom schedule for determination of sulfur content and nitrogen content of fuel, subject to case-specific approval by USEPA pursuant to 40 CFR 60.13 (1) , in which approval USEPA may establish additional requirements upon the Permittee for sampling and analysis of fuel. If USEPA does not approve a custom schedule for the turbines, the Permittee shall also sample and analyze for sulfur and nitrogen content of the natural gas being fired in the turbines in accordance with 40 CFR 60.334 (b) . 11. The Permittee shall install, operate, and maintain a Continuous Emissions Monitoring (CEM) system on turbines to measure emissions of NO,. The applicable procedures under 40 CFR 75.12 and 40 CFR 75, subpart H shall be followed for the installation, evaluation, and operation of this NOX CEM system. 12a. The nitrogen oxides (NO.) , carbon monoxide (CO) , volatile organic material (VOM) , particulate matter (PM) , and oxygen (OZ) concentrations in the exhaust of the turbines and the opacity of exhaust shall be measured by an independent testing service approved by the Illinois EPA as follows to determine compliance with the emissions limits in Condition 1 and 3: i. Within 60 days after operating a turbine at the greatest load at which it will normally be operated but not later than 180 days after its initial startup; ii. Within 90 days after a written request from the Illinois EPA, for such pollutants listed above as specified by the request; and iii. Any extension to these time periods that may be provided at its discretion by the Illinois EPA shall not alter the Permittee's obligation to perform emission testing for purpose of the NSPS in a timely manner as specified by 40 CFR 60.8. b. The following methods and procedures shall be used for testing of emissions: i. USEPA Reference Test Methods shall be used for emission testing, including the following methods: Opacity USEPA Method 9 Carbon Monoxide USEPA Method 10 volatile Organic Material USEPA Method 18 or 25A Nitrogen Oxides USEPA Method 20 Particulate Matter USEPA Method 5 Particulate Matter,, USEPA Method 201 or 201A (40 CFR 51, Appendix M) ii. Measurements for NO,, shall be conducted in accordance with 40 CFR 60.335, as specified below, unless alternative testing procedures are approved by USEPA pursuant to 40 CFR 60.8(b) : A. The NOX emissions shall be computed for each run using the equation in 40 CFR 60.335(c) (1) . B. The span values for Method 20 shall be 300 ppm of NOX and 21 percent Oz, pursuant to 40 CFR 60.335(c) (3) Page 7 of 12 Draft C. The NOX emissions shall be determined at four points in the normal operating range of the gas turbines, including the minimum point in the range and peak load, pursuant to 40 CFR 60.335(c) (2) . D. All loads shall be corrected to ISO conditions using the appropriate equations supplied by the manufacturer, pursuant to 40 CFR 60.335 (c) (2) . Measurements for other pollutants shall be conducted as follows: A. CO, PM and VOM concentrations shall be measured at peak, intermediate and minimum gas turbine load and with wet compression for power augmentation. (Testing with wet compression need not be performed until the turbines are able to operate with wet compression. ) B. PM emissions measured by USEPA Method 5, including back half condensable particulate, may be provided as an alternative to measurement of PM,. emissions using USEPA Method 201 or 201A. C. Measurements for organic hazardous air pollutants in the VOM (e.g. , formaldehyde, toluene, acetaldehyde, and acrolein) shall be provided if VOM emissions are measured by Method E 18. (See also Condition 12(c) (iii) .) tt D. Unless continuous emissions monitoring is conducted for the particular pollutant, measurements shall also be performed for emissions of NOX, CO and VOM during startup of a turbine, in accordance with a plan approved by the Illinois EPA. For purposes of these measurements, as approved by the Illinois EPA, the Permittee may adapt USEPA Reference Test Methods as necessary to address the short duration and transient conditions of startups. C. At least 60 days prior to the actual date of testing, a written test plan shall be submitted to the Illinois EPA for review. This plan shall describe the specific procedures for testing and shall include as a minimum: i. The person(s) who will be performing sampling and analysis and their experience with similar tests; ii. The specific conditions under which testing shall be performed including a discussion of why these conditions will be representative of maximum emissions and the means by which the operating parameters for a turbine will be tracked and recorded; iii. The specific determinations of emissions that are intended to be made, including sampling and monitoring locations; the test method(s) that will be used, with the specific analysis method, if the method can be used with different analysis methods; and identification of any organic hazardous air pollutants that will Page 8 of 12 Draft be measured. As part of this plan, the Permittee may set forth a strategy for performing emission testing of selected turbines provided that all turbines are fitted for testing; the identity of the turbines to be tested is determined immediately before testing, by the Illinois EPA or otherwise randomly; and continuous emission monitoring of NOX is present on all turbines. The Permittee may also propose a plan for testing across the normal operating range of the turbines; and iv. The proposed plans for testing emissions during startup of a turbine as required by Condition 12 (b) (iii) (D) , including the number of startups for which measurements will be performed; the procedures that will be followed for startup of the turbine; the approach that will be generally followed to assure that measurements can be conducted for and will be representative of the startup period; any proposed adaptations to reference test methods; and any other significant considerations for testing of emissions during startup. d. The Illinois EPA shall be notified prior to these tests to enable the Illinois EPA to observe these tests. Notification of the expected date of testing shall be submitted a minimum of thirty (30) days prior to the expected date. Notification of the actual date and expected time of testing shall be submitted a minimum of five (5) working days prior to the actual date of the test. The Illinois EPA may, at its discretion, accept notifications with shorter advance notice provided that the Illinois EPA will not accept such notifications if it interferes with the Illinois EPA's ability to observe the testing. e. Three copies of the final reports for emission tests shall be forwarded to the Compliance Section in Springfield within 30 days after the test results are compiled and finalized. The final report from testing shall contain a minimum: i. A summary of results; ii. General information; iii. Description of test method(s) , including description of sampling points, sampling train, analysis equipment, and test schedule; iv. Detailed description of test conditions, including: A. Fuel consumption (standard ft3) ; B. Firing rate (million Btu/hr) ; C. Turbine/Generator output rate (MW) ; and V. Data and calculations, including copies of all raw data sheets and records of laboratory analyses, sample calculations, and data on equipment calibration. 13a. The Permittee shall maintain a file of the following items: Page 9 of 12 Draft i. Manufacturers specification of rated turbine load; ii. The composition of fuel as determined in accordance with Condition 10; iii. Heat content of the natural gas (Btu/ft') being fired, with supporting documentation, on a quarterly basis; iv. A copy of the Final Report(s) for emission testing conducted pursuant to Condition 12; and V. Copies of opacity determinations taken for the source by qualified observer(s) using USEPA method 9. b. The Permittee shall maintain the following daily operating records: i. The quantity of fuel consumed for each CT (standard cubic feet) ; ii. Period of time when wet compression is used for power augmentation; iii. Actual operating hours for each turbine (total hours, hours for startup, and hours with wet compression on) ; iv. Effective operating hours for each turbine with operating hours counted in accordance with Condition 3 (c) (i) , (ii) and (iii) ; V. Facility operating hours on a daily basis. For this purpose, the Permittee shall consider the facility to operate for one hour if one or more turbines are operated during an hour. For example, if one turbine or four turbines operate from 12:00 noon to 6:00 PM on a day, in both cases, this shall count as six operating hours; and vi. Fuel consumption and/or operating hours for each indirect heater. C. The Permittee shall maintain the following records related to each startup of the turbines: i. Date and time of startup; ii. Whether operating personnel for the turbines or air environmental staff are on site during startup; and iii. A description of the startup, if written operating procedures are not followed during the startup or significant problems occur during the startup, including detailed explanation. d. The Permittee shall keep inspection, maintenance, and repair logs with dates and the nature of such activities for each turbine, including the wet compression system. e. The Permittee shall maintain the following records related to emissions: i. Other data, not addressed above, used or relied upon by the /,►, Permittee to determine emissions; Page 10 of 12 Draft ii. Fuel consumption and number of startups for each turbine, compiled on at least a monthly basis; iii. The annual emissions of NOX, SO2, PM, VOM and CO for each month since the previous record with supporting calculations. NOX emissions shall be based on data from the CEMS. All other emissions shall be calculated based on fuel consumption data and site-specific emission factors developed from emission test data or other methods approved by the Illinois EPA; iv. NOX emissions, from each turbine recorded hourly (in lb/mmBtu and lb or ton) by combining the pollutant concentration (in ppm) and diluent's concentration (in percent 02 or COO measurements according to the procedures in 40 CPR 75 Appendix F; and V. Seasonal emissions of VOM (May through September) from the facility. f. The Permittee shall maintain records that identify: i. Any periods during which a continuous monitoring system was not operational, with explanation; and ii. Any day in which emissions or operation exceeded an applicable standard or limitation. g. All records required by this permit shall be retained on site for a period of at least 3 years and shall be readily available for inspection and copying by the Illinois EPA upon request. h. The Permittee shall maintain records documenting annual review of its operating procedures (see Condition 4) . 14a. The Permittee shall notify the Illinois EPA within 10 days if the total NOX or CO emissions from the plant go above 160 tons/year, as calculated following condition 13 (e) (iii) . This notification shall explain whether this appears to be due to unusually high demand for power or represents levels of demand that may be expected to continue in the future. b. If there is any exceedance of the requirements of Conditions 1, 3 and 4 of this permit, as determined by the records required by this permit or by other means, the Permittee shall submit a report within 30 days after the exceedance. The report shall include the emissions released in accordance with the recordkeeping requirements, a copy of the relevant records, and a description of the exceedance or violation and efforts to reduce emissions and future occurrences. C. In conjunction with the Annual Emission Report required by 35 IAC Part 254, the Permittee shall provide: The operating hours of each turbine, the total number of startups, the total number of actual hours with wet compression on for power augmentation, and the total fuel consumption during the preceding calendar year. Page 11 of 12 Draft d. The Permittee shall comply with applicable reporting requirements under the Acid Rain Program, with a single copy of such report sent to Illinois EPA. This copy shall be sent to the Division of Air Pollution Control, Compliance Unit. e. If the emission testing required by Condition 12 (a) (i) is not performed within 60 days of beginning gainful operation of a turbine, the Permittee shall submit a report summarizing NOX, CO and VOM (or hydrocarbon) emissions of the turbines as determined by diagnostic measurements, e.g. , combustion gas analyzers, during shakedown of the turbines. 15. Two copies of required reports and notifications concerning equipment operation or repairs, performance testing, or a continuous monitoring system shall be sent to: Illinois Environmental Protection Agency Division of Air Pollution Control Compliance Section (#40) P.O. Box 19276 Springfield, Illinois 62794-9276 Telephone: 217/782-5811 Fax: 217/782-6348 and one copy shall be sent to the Illinois EPA's regional office at the following address, unless otherwise indicated: Illinois Environmental Protection Agency Division of Air Pollution Control - Regional Office 9511 West Harrison Des Plaines, Illinois 60016 Telephone: 847/294-4000 Fax: 847/294-4018 16a. This Permit for the above referenced project does not relieve the Permittee from the responsibility to comply with all Local, State and Federal Regulations which are part of the applicable Illinois State Implementation Plan, as well as all other applicable Federal, State, and Local requirements. b. This permit does not excuse the Permittee from any new requirements that would be applicable to construction or operation of the turbines based on the timing of their actual installation. Please note that additional rules addressing Nox emissions from these turbines may be adopted in the near future in response to USEPA's so called "NOX SIP call" and the development of Illinois's plans for attainment of the ozone air quality standard in the Chicago and Metro-East ozone nonattainment areas. Page 12 of 12 Draft If you have any questions concerning this permit, please contact Manish Patel at 217/782-2113. Donald E. Sutton, P.E. Manager, Permit Section Division of Air Pollution Control DES:MNP Attachment CC: Region 1