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### '"" 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, VoluntaryNOxEmissions Reduction Program, and Amendments to 35 Ill. Adm. Code 211 Dear Ms. Newton: Pursuant to Section 110(a)(2) ofthe Clean AirAct, 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, SubpartU, NOx Control and TradingProgram for SpecifiedNOx Generating Units, SubpartX, VoluntaryNOxEmissionsReductionProgram,and Amendments to 35 Ill. Adm. Code 217. On October 19,2000, the Board issued a Proposed Rule, FirstNotice, 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, SecondNotice, Opinion and Order ofthe Board, was issued on February 15, 2001. The Joint Committee on Administrative Rules' (JCAR) Certification ofNo Objections and SecondNotice Changes were dated March20, 2001. OnApril 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 ofaffected 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 respondto issues raised late inthe hearing process oftherule (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 ofthe Board by M. McFawn, filed October 19, 2000 Proposed Rule, First Notice, Order of the Board by M. McFawn, filed October 19,2000 Copy ofChairman Manning's letter to the Department ofCommerce and Community Affairs (DCCA) requesting an economic impact study be conducted for this rulemaking; copy ofMarch 10, 2000 DCCA letteron 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 staffand financial resources, dated October 26, 2000 Notice ofMerit and Economic Hearings: November 29, 2000, 9:30 a.m., Chicago; December20, 2000, 9:30 a.m., Chicago;January3,2001,9:30 a.m., Chicago; Hearing Officer Order regarding deadline requirements for hearings, filed October 27,2000 JCAR's FirstNotice Version for use in creating SecondNotice Changes for Parts 211 and 217, filed November 8, 2000 Illinois RegisterNotice ofProposedAniendments, publishedNovember 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 ofHearing held November 29, 2000 in Chicago, Illinois, filed December 4, 2000 Pre-filedTestimony ofSidney M. Marder submittedby Katherine D. Hodge, dated December 7, 200035 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 ofHearing held December 20, 2000 in Chicago, Illinois, filed December 26, 2000 Hearing Officer: Agencyhas indicatedto the Boardthat itdoes notintendto introduce any additional material into the record; thirdhearing scheduledfor 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 submittedbyLyleD. Wachtel, PoE., dated January 8,2001 Public Comments ofClean AirAction Corporation submitted by Charles Eo Williams, Vice President, dated January 8, 2001 Post Hearing Comments ofLTV Steel Company submitted by David L.

- Rieser, dated January 9, 2001 Post Hearing Comments ofthe Illinois Environmental Regulatory Group submitted by Katherine Do Hodge, dated January 9, 2001 Public Comments ofArcherDaniels Midland Company submittedbyLeeR. 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 20,2001J5 lAC 217.Subparts U&X Cover Letter May 1, 2001 Page 4
Attachment 26)

Attachment 27)
Attachment 28)
Attachment 29) JCARLetterrequesting Boardpersonnelproof theRegisterversionand 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 Orderofthe Boardby 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 arequestthatU.S. EPA revise the large nonEGU NOx budget, as contained in Appendix E ofthe Board's Subpart U regulations Checklists are enclosed to assist in your review. Iffurther information is required, please contact Joyce Embree ofmy staffat 217/782-5544. Cordially,



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# J.**/CtJ/(Jj~** David J. Kolaz, Chief Bureau ofAir
cc: Bharat Mathur, Acting Deputy Regional Administrator Enclosures