....'.' ..'"" ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021 NORTH GRAND AVENUE EAST, P.O. Box 19276, SPRINGFIELD, ILLINOIS 62794-9276

THOMAS V. SKINNER, DIRECTOR

217/782-5544

217/782-9143 (TDD)

May 1,2001

Cheryl Newton, Acting Chief

Air and Radiation Branch

United States Environmental

Protection Agency Region V

77 West Jackson Boulevard, AR-18J

Chicago, Illinois 60604-3598

Attn: Jay Bortzer

CERTIFIED MAIL 7099 3400 0002 14323704

RETURN RECEIPT REQUESTED

Re: R01-17: In the Matter of: Proposed New 35 Ill. Adm. Code 217, Subpart U, NOx

Control and Trading Program for Specified NOx Generating Units, Subpart X,

Voluntary NOx Emissions Reduction Program, and Amendments to 35 Ill. Adm. Code

211

Dear Ms. Newton:

Pursuant to Section 110(a)(2) ofthe Clean Air Act, as amended in 1990 (CAA), (42 U.S.C. § 7410

(a)(2) (1990)), the Illinois Environmental Protection Agency (Illinois EPA) submits the enclosed

proposed amendments to the Illinois State Implementation Plan (SIP).

On October 14, 2000, the Illinois EPA filed with the Office ofthe Clerk ofthe Pollution Control

Board (Board) proposed new 35 Ill. Adm. Code 217, Subpart U, NOx Control and Trading Program

for Specified NOx Generating Units, Subpart X, VoluntaryNOx EmissionsReductionProgram, and

Amendments to 35 Ill. Adm. Code 217. On October 19,2000, the Board issued a Proposed Rule,

First Notice, Opinion ofthe Board. First Notice ofROl-17 was published in the Illinois Register,

volume 24, issue 46, pp. 16452-16512, on November 13,2000.

The Notice of Hearings was filed October 27, 2000, with hearings being held in Chicago on

November 29 and December 20,2000; the third hearing scheduled in Chicago on January 3, 2001,

was canceled. The proposed Rule, Second Notice, Opinion and Order ofthe Board, was issued on

February 15, 2001. The Joint Committee on Administrative Rules' (JCAR) Certification of No

Objections and Second Notice Changes were dated March 20, 2001. On April 5, 2001, the Adopted

Rule, Final Order, Opinion and Order ofthe Board, was filed.
35 lAC 217.Subparts U&X Cover Letter

May 1,2001

Page 2

In addition to the supporting information regarding the rulemaking, the Illinois EPA is submitting

revisions to the list of affected sources, their budget allocations, and the statewide large non-EGU

NOx budget, as contained in Appendix E ofthe Board's Subpart U regulations. These additional

revisions are necessary to respond to issues raised late in the hearing process ofthe rule (Attachment

29).

In order to assist with your review ofthis plan submittal, the following documents are enclosed:

Attachment 1)

Attachment 2)

Attachment 3)

Attachment 4)

Attachment 5)

Attachment 6)

Attachment 7)

Attachment 8)

Attachment 9)

Attachment 10)

Attachment 11)

IEPA Proposal ofRegulations, dated October 14, 2000

Proposed Rule, First Notice, Opinion of the Board by M. McFawn, filed

October 19, 2000

Proposed Rule, First Notice, Order of the Board by M. McFawn, filed

October 19,2000

Copy of Chairman Manning's letter to the Department of Commerce and

Community Affairs (DCCA) requesting an economic impact study be

conducted for this rulemaking; copy ofMarch 10, 2000 DCCA letter on file

with Board notifying the Board that DCCA would not be conducting

economic impact studies on rules pending before the Board due to a lack of

staff and financial resources, dated October 26, 2000

Notice of Merit and Economic Hearings: November 29, 2000, 9:30 a.m.,

Chicago; December 20, 2000, 9:30 a.m., Chicago;January 3,2001,9:30 a.m.,

Chicago; Hearing Officer Order regarding deadline requirements for

hearings, filed October 27,2000

JCAR's First Notice Version for use in creating Second Notice Changes for

Parts 211 and 217, filed November 8, 2000

Illinois Register Notice ofProposed Aniendments, published November 13,

2000

JCAR's Suggested Changes for Parts 211 and 217, filed November 17,2000

Agency's Prefiled Testimony of Laurel L. Kroack, Richard Forbes, and

Dennis Lawler, dated November 16, 2000

Transcript of Hearing held November 29, 2000 in Chicago, Illinois, filed

December 4, 2000

Pre-filed Testimony ofSidney M. Marder submitted by Katherine D. Hodge,

dated December 7, 2000
35 lAC 217.Subparts U&X Cover Letter

May 1,2001

Page 3

Attachment 12)

Attachment 13)

Attachment 14)

Attachment 15)

Attachment 16)

Attachment 17)

Attachment 18)

Attachment 19)

Attachment 20)

Attachment 21 )

Attachment 22) .

Attachment 23)

Attachment 24)

Attachment 25)

Pre-filed Testimony of the University of Illinois submitted by Lyle D.

Wachtel, PoE., dated December 8, 2000

Agency's Errata Sheet and Motion to Amend, dated December 15,2000

Transcript of Hearing held December 20, 2000 in Chicago, Illinois, filed

December 26, 2000

Hearing Officer: Agency has indicated to the Board that it does not intend to

introduce any additional material into the record; third hearing scheduled for

January 3, 2001 is canceled; record will close on January 9, 2001, filed

December 26, 2000

Comments ofthe Illinois EPA submitted by Alec Messina, dated January 8,

2001

Public Comments ofthe University ofIllinois submitted by Lyle D. Wachtel,

PoE., dated January 8,2001

Public Comments ofClean Air Action Corporation submitted by Charles Eo

Williams, Vice President, dated January 8, 2001

Post Hearing Comments of LTV Steel Company submitted by David L. -

Rieser, dated January 9, 2001

Post Hearing Comments of the Illinois Environmental Regulatory Group

submitted by Katherine Do Hodge, dated January 9, 2001

Public Comments ofArcher Daniels Midland Company submitted by Lee R.

Cunningham, Corporate Environmental Counsel, dated January 9, 2001.

Exhibits, filed January 9, 2001

Proposed Rule, Second Notice, Opinion and Order of the Board by M.

McFawn, filed February 15,2001

JCAR Memorandum stating it has accepted the Second Notice; Second

Notice period began February 23, 2001 and will end April 8, 2001;

rulemaking will be considered at JCAR's March 20, 2001 meeting, dated

February 27

JCAR Letter stating the proposed rulemaking was considered at JCAR's

March 20, 2001 meeting with attached Second Notice Changes and

certification ofNo Objection (for Parts 211 and 217), dated March 20,2001
J5 lAC 217.Subparts U&X Cover Letter

May 1, 2001

Page 4

Attachment 26)

Attachment 27)

Attachment 28)

Attachment 29)

JCAR Letter requesting Board personnel proofthe Registerversionand Code

copy ofrules as they are to be inserted in the Administrative Code database;

any errors or discrepancies should be reported 'as quickly as possible and a

corrected version for certification to the Code Division will be provided;

dated March 20, 2001

Adopted Rule, Final Order, Opinion and Order ofthe Board by M. McFawn,

adopted April 5, 2001

Board Submittal to Secretary of State; rule will have an effective date of

April 17, 2001 and be published in the May 4,2001 Illinois Register.

Supporting materials regarding a request that U.S. EPA revise the large nonEGU NOx budget, as contained in Appendix E of the Board's Subpart U

regulations

Checklists are enclosed to assist in your review. Iffurther information is required, please contact

Joyce Embree ofmy staff at 217/782-5544.

Cordially,

hLulj J. /CtJ/(Jj~

David J. Kolaz, Chief

Bureau ofAir

cc: Bharat Mathur, Acting Deputy Regional Administrator

Enclosures