## ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021 NOI<lfiGRA!"l)AVENUE EAST, 

### P.O.Box19276, SPRINCf!FLD, ILliNOIS 

### 62794-9276



# 217/782-5544 217/782-9143(TDD) THOMAS

## V. SKINNER, DIRECTOR



## May 9, 2001



# Attn: Jay:Bortzer CherylNewton,ActingChief AirandRadiationBranch UnitedStatesEnvironmental

ProtectionAgencyRegionV 77WestJacksonBoulevard,AR-18J Chicago,Illinois60604-3598 CERTIFIEDMAIL7099 3400 0002 1432 3643 

# RETURNRECEIPTREQUESTED 

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# ROI-17:IntheMatterof:ProposedNew35Ill.Adm.Code217,SubpartU,NOxControl andTradingProgramforSpecifiedNOxGeneratingUnits,SubpartX,VoluntaryNOx EmissionsReductionProgram,andAmendmentsto35Ill.Adm.Code211 Re:

DearMs.Newton:

Enclosedisacopyoftheadoptedamendmentsto35Ill.Adm.Code217,SubpartU,NOxControl andTradingProgramforSpecifiedNOxGeneratingUnits,SubpartX,VoluntaryNOxEmissions ReductionProgram,andamendmentsto35Ill.Adm.Code211,asformallypublishedonMay4, 2001,intheIllinoisRegister,Volume25,Issue18,pages5900-5962. Theseamendmentsare relativetotheIllinoisStateImplementationPlan(SIP)submittal,whichwasmailedtoyouon May1,2001.AsindicatedintheformalSIPsubmittal,theseruleswereeffectiveonApril17,2001. Iffurtherinformationisrequired,pleasecontactJoyceEmbreeofmystaffat217/782-5544.

Cordially, 

# lEv'Jj 

# \Lv( 0 

# J.-Ue-----

DavidJ.Kolaz,Chief BureauofAir

cc: BharatMathur,ActingDeputyRegionalAdministrator

Enclosure

GEORGE

## H. RYAN, GOVERNOR

I' I.', I'ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS 

# IllinoisRegister May4,2001 Volume25,Issue18

590001 ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS 590101

Statutory Authority: 415 ILCS 5/9.9, 10, 27, and 28.5 Heading of the Part: Definitions and General Provisions 1 )

2 )

3 )

4 ) Code Citation: 35 Ill. Adm. Code 211

Section Numbers: 211.4967 211.6130 Adopted Action: New Amend 16) Information and questions regarding these adopted amendments shall be dir1ected to:

Bobb Beauchamp 100 W. Randolph Street James R. Thompson Center Suite 11-500 Chicago, Illinois 60601 (312) 814-6926

7) Do these amendments contain incorporations by reference? No 5 )

6 ) EEfectlve Date of Amendments: April 17, 2001

Does this rulemaking contain an automatic repeal date? No Copies of the Board's opinions and orders may be requested from the Clerk of the Board at the address above. Please refer to the Docket number ROl-17. The Board order is also available from the Board's Web site (www.ipcb.state.il.us)

The full text of the adopted amendments begins on the next page: 8) A copy of the adopted amendments, including any material incorporated by reference, is on file in the agency's principal office and is available for public Inspection.

9) Notices of Proposal Published in Illinois Register: 24 Ill. Reg. 16452, November 13, 2000.

10) Has JCAR Issued a Statement of Objections to these amendments? No

11) Differences**between~posal** and final version: Changed Section 211.4067

so it read as a definition.

Changed Section 211.6130 to match the text of Section 39.5 of the Environmental Protection Act [415 ILCS 5/39.5J.

12) Have all the changes agreed upon by the agency and indicated in the agreements letter Issued by JCAR? JCAR Yes been made as

13) Will these amendments replace emergency amendments currently in effect? No

14) Are there any amendments pending on this Part? No

15) Summary and Purpose of Amendments: This rulemaklng is explained In more detail in the Board's opinion and order of April 5, 2001, ROI-17, available from the address In Item 16 below. The rulemaking was initiated by a proposal filed by the Illinois Environmental Protection Agency under the fast-track rulemaking provision of Section 28.5 of the Environmental Protection Act. These proposed additions to 35 Ill. Adm. Code 211 are new definitions that will be used In the proposed amendments to regulate emissions of nitrogen oxides from large electrical generating unit. and non-electrical generating units at 35 Ill. Adm. Code 217.Subparts Uand W

. II

..

# __**._._._--.~--.~~~-----------------------------**; ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICEOFADOPTEDAMENDMENTS 590201 ILLINOIS REGISTER

POLLUTIONCONTROL BOARD

NOTICEOFADOPTED AMENDMENTS 590]01



### ,
oJl i

.

Section 211.101 211.102

Section 2i1.121 211.122 211.130 211.150 211.170 211.210 211.230 211.240 211.250 211.270 211.290 211.310 211.'330 211.350 211.370 211.390 211.410 211.430 211.450 211.470 211.474 211.479 211.484 211.485 211.490 211.495 211.510 211.530 211.550 211.560 TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE B: AIR POLLUTION CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS 'FOR STATIONARY SOURCES

PART 211 DEFINITIONS AND GENERAL PROVISIONS

SUBPART A: GENERAL PROVISIONS

Incorporations by Reference Abbreviations and Conversion Factors

SUBPART B: DEFINITIONS

Other Definitions Definitions (Repealed) Accelacota Accumulator AcidGases Actual Heat Input Adhesive Adhesion Promoter Aeration Aerosol Can Filling Line Afterburner Air Contaminant

.Air Dried Coatings

Air Oxidation Process Air Pollutant Air Pollution Air Pollution Control Equipment Air Suspension Coater/Dryer Aidess Spray Air Assisted Airless Spray Alcohol Allowance Animal Animal Pathological Waste Annual Grain Through-Put Anti-Glare/Safety Coating Application Area Architectural Coating As Applied As-Applied Fountain Solution 211.570 211.590 211.610 211.6]0
I 211.650 211.660 211.670 211.680 211.685 211.690 211.695 211.696 211.710 211.7]0 211.750 211.770 211.790 211.810 211.820 211.8]0 211.850 211.870 211.890 211.910 211.9]0 211.950 211.955 211.960 211.970 211.960 211.990 211.1010 211.1050 211.1070 211.1090 211.1110 211.1120 211.11]0 211.1150 211.1170 211.1190 211.1210 211.1230 211.1250 211.1270 211.1290 211.1JlO Asphalt Asphalt Prime Coat Automobile Automobile or Light-Duty Truck Assembly Source or Automobile or Light-DutyTruck Manufacturing Plant Automobile or Light-DutyTruck Refinishing Automotive/Transportation Plastic Parts BakedCoatings BakeryOven Basecoat/Clearcoat System Batch Loading BatchOperation BatchProcess Train Bead-Dipping Binders BritiShThermal Unit Brushor Wipe Coating Bulk Gasoline Plant Bulk Gasoline Terminal Business Machine Plastic Parts Can CanCoating CanCoating Line Capture Capture Device Capture Efficiency Capture System Cement Cement Kiln Certlfled Investigation Chemical Manufacturing Process Unit Choke Loading CleanAir Act Cleaning and Separating Operation Cleaning Materials Clear Coating ClearTopcoat Clinker Closed Purge System Closed Vent System Coal Refuse Coating Coating Applicator Coating Line Coating Plant Coil Coating Coil Coating Line Cold Cleaning "ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS 590401 ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS 590501

211.1312 211.1316 211.1320 211.1324 211.1328 211.1330 211.1350 211.1370 211.1390 211.1410 211.1430 211.1465 211.1467 211.1470 211.1490 211.1510 211.1515 211.1520 211.1530 211.1550 211.1570 211.1590 211.1610 211.1630 211.1650 211.1670 211.1690 211.1710 211.1730 211.1750 211.1770 211.1780 211.1790 211.1810 211.1830 211.1850 211.1870 211.1875 211.1880

211.1885 211.1890 211.1900 211.1910 211.1920 211.1930 211.1950 211.1970 Combined Cycle System Combustion Turbine Commence Commercial Operation Commence Operation Common Stack Complete Combustion Component Concrete Curing Compounds Concentrated Nitric Acid Manufacturing Process Condensate Condensible PM-IO Continuous Automatic Stoking Continuous Coater Continuous Process Control Device Control Device Efficiency Control Period Conventional Air Spray Conventional Soybean Crushing Source Conveyorized Degreasing Crude Oil Crude Oil Gathering Crushing Custody Transfer Cutback Asphalt Daily-Weighted Average VOM Content Day Degreaser Delivery Vessel Dip Coating Distillate Fuel Oil Distillation Unit Drum Dry Cleaning Operation or Dry Cleaning Facility Dump-Pit Area Effective Grate Area Effluent Water Separator Elastomeric Materials Electromagnetic Interference/Radio Frequency Interference Shielding Coatings Electronic Component Electrostatic Bell or Disc Spray Electrostatic Prep Coat Electrostatic Spray Emergency or Standby Unit Emission Rate Emission Unit Enamel**-~~-----** ..

# _--_

..**-~** (EMI/RFI) 211.1990 211.2010 211.2030 211.2050 211.2070 211.2080 211.2090 211.2110 211.2130 211.2150 211.2170 211.2190 211.2210 211.2230 211.2250 211.2270 211.2285 211.2290 211.2300 211.2310 211.2330 211.2350 211.2360 211.2365 211.2370 211.2390 211.2410 211.2420 211.2425 211.2430 211.2450 211.2470 211.2490 211.2510 211.2530 211.2550 211.2570 211.2590 211.2610 211.2620 211.2630 211.2650 211.2670 211.2690 211.2710 211.2730 211.2750 211.2770 Enclose End Sealing Compound Coat Enhanced Under-the-Cup Fill Ethanol Blend Gasoline Excess Air Excess Emissions Excessive Release Existing Grain-Drying Operation (Repealed) Existing Grain-Handling Operation (Repealed) Exterior Base Coat Exterior End Coat External Floating Roof Extreme Performance Coating Fabric Coating Fabric Coating Line Federally Enforceable Limitations and Conditions Feed Mill Fermentation Time Fill Final Repair Coat Firebox Fixed-Roof Tank Flexible Coating Flexible Operation Unit Flexographic Printing Flexographic Printing Line Floating Roof Fossil Fuel Fossil Fuel-Fired Fountain Solution Freeboard Height Fuel Combustion Emission Unit or Fuel Combustion Emission Source Fugitive Particulate Matter Full Operating Flowrate Gas Service Gas/Gas Method Gasoline Gasoline Dispensing Operation or Gasoline Dispensing Facility Gel Coat Generetor Gloss Reducers Grain Grain-Drying Operation Grain-Handling and Conditioning Operation Grain-Handling Operation II Green-Tire Spraying Green Tires Gross Heating Value.**211~.** 2790 )211.2810

, 211.2815

211'.2820**~.** 211'.2830
; 211.2850

:.211.2870

211.2890 211'.2910 211.2930 211.2950 211.2970**.~** 211.2990 211.3010 ) 211.3030

211.'3050 211.3070 211.3090 211.3110 211.3130 211.3150 211.3170

, 211.3190

211.3210 211.3230 211.3250 211.3270 :··211.3290

211.3310

" 211.3330

211.3350 211.3370 211.3390 211.3410 211.3430
; 211.3450

211.3470 211.3480 211.3483 211.3485 211.3487 211.3490 211.3500 211.3510 211.3530 211.3550 211.3570 211.3590 ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

Gross Vehicle Weight Rating Heated Airless Spray Heat Input Heat Input Rate Heatset Heatset Web Offset Lithographic printing Line Heavy Liquid Heavy Metals Heavy Off-Highway Vehicle Products Heavy Off-Highway Vehicle Products Coating Heavy Off-Highway Vehicle Products Coating Line High Temperature AluminumCoating High Volume Low Pressure (HVLP) Spray Hood Hot Well Housekeeping Practices Incinerator Indirect Heat Transfer Ink In-Process Tank In-Situ Sampling Systems Interior Body Spray Coat Internal-Floating Roof Internal Transferring Area Lacquers Large Appliance Large Appliance Coating Large Appliance Coating Line Light Liquid Light-Duty Truck Light Oil Liquid/Gas Method Liquid-Mounted Seal Liquid Service Liquids Dripping Lithographic Printing Line Load-Out Area Loading Event Long Dry Kiln Long Wet Kiln Low-NO[x] Burner Low Solvent Coating Lubricating Oil Magnet Wi{e Magnet Wire Coating Magnet Wire Coating Line Major Dump Pit Major Metropolitan Area (MMA) 590601

211.3610 211.3620 211.3630 211.3650 211.3660, 211.3670 211.3690 211.3695 211.3710 211.3730 211.3750 211.3770 211.3780 211.3790 211.3810 211.3830 211.3850 211.3870 211.3890 211.3910 211.3915 211.3930 211.3950 211.3960 211.3965 211.3970 211.3980 211.3990 211.4010 211.4030 211.4050 211.4055 211.4065 211.4067 211.4070 211.4090 211.4110 211.4130 211.4150 211.4170 211.4190 211.4210

211.4230 211.4250 211.4260 211.4270 2U.4290 ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOP'rED AMENDMENTS

Major Population Area (MPA) Manually Operated Equipment Manufacturing Process Marine Terminal Marine Vessel Material Recovery Section Maximum Theoretical Emissions Maximum True Vapor Pressure Metal Furniture Metal Furniture Coating Metal Furniture Coating Line Metallic Shoe-Type Seal Mid-Kiln Firing Miscellaneous Fabricated Product Manufacturing Process Miscellaneous Formulation Manufacturing Process Miscellaneous Metal Parts and Products Miscellaneous Metal Parts and Products Coating Miscellaneous Metal Parts or Products Coating Line Miscellaneous Organic Chemical Manufacturing Process Mixing Operation Mobile Equipment Monitor Monomer Motor Vehicles Motor Vehicle Refinishing Multiple Package Coating Nameplate Capacity New Grain-Drying Operation (Repealed) New Grain-Handling Operation (Repealed) No Detectable Volatile Organic Material Emissions Non-Contact Process Water Cooling Tower Non-Flexible Coating Non-lleatset**NO~** Trading Program Offset One Hundred Percent Acid One-Turn Storage Space Opacity Opaque Stains Open Top Vapor Degreasing Open-Ended Valve Operator of a Gasoline Dispensing Operation or Operator Gasoline Dispensing Facility Organic Compound Organic Material and Organic Materials Organic Solvent Organic Vapor Oven 

# ., 590701

of a_______________**~IL"'L"'I"'N"'O"'I"_'S"_'R"_'E"'G""'I"S""'T'_'E"_'R'___ ~5~9~0!.>8!_..**  01

POLLUTIONCONTROL BOARD

NOTICEOFADOPTED AMENDMENTS ILLINOIS REGISTER

POLLUTIONCONTROLBOARD

NOTICEOFADOPTED AMENDMENTS 590901

211.4310 211.4330 211.4350

211.4370 211.4390 211.4410 211.4430 211.4450 211.4470 211.4490 211.4510 211.4530 211.4550 211.4590 211.4610 211.4630 211.4650 211.4670 211.4690 211.4710 211.4730 211.4740 211.4750 211.4770 211.4790 211.4810 211.4830 211.4850 211.4870 211.4890 211.4910 211.4930 211.4950 211.4960 211.4970 211.4990 211.5010 211.5015 211.5020 211.5030 211.5050 211.5060 211.5061 211.5065 211.5070 211.5080 211.5090 Overall Control Overvarnish Owner ofa Gasoline Dispensing Operation or Owner of a Gasoline Dispensing Facility Owner or Operator Packaging Rotogravure Printing Packaging Rotogravure Printing Line Pail Paint Manufacturing Source or Paint Manufacturing Plant Paper Coating Paper Coating Line Particulate Matter Parts Per Million (Volume) or PPM (Vol) Person Petroleum PetroleumLiquid PetroleumRefinery Pharmaceutical Pharmaceutical Coating Operation Photochemically Reactive Material Pigmented Coatings Plant Plastic Part Plasticizers PM-IO Pneumatic Rubber Tire Manufacture Polybasic Organic Acid Partial Oxidation Manufacturing Process Polyester ResinMaterial(s) Polyester Resin Products Manufacturing Process Polystyrene Plant Polystyrene Resin Portable Grain-Handling Equipment Portland Cement Manufacturing Process Emission Source PortlandCement Process or Portland Cement Manufacturing Plant Potential Electrical Output Capacity Potential to Emit Power Driven Fastener Coating Precoat Preheater Kiln Preheater/Precalciner Kiln Pressure Release Pressure Tank. Pressure/VacuumRelief Valve Pretreatment Wash Primer Primary Product Prime Coat Primer Sealer Primer Surfacer Coat 211.5110 211.5130 211.5150 211.5170 211.5185 211.5190 211.5210 211.5230 211.5245 211.5250 211.5270 211.5310 211.5330 211.5340 211.5350 211.5370 211.5390 211.5410 211.5430 211.5450 211.5470 211;5480 211.5490 211.5500 211.5510 211.5530 211.5550 211.5570 211.5580 211.5590 211.5600 211.5610 211.5630 211.5650 211.5670 211.5690 211.5710 211.5730 211.5750 211.5770 211.5790 211.5810 211.5830 211.5850 211.5870 211.5890 211.5910 211.5930 Primer Surfacer Operation Primers Printing Printing Line Process Emission Source Process EmissionUnit Process Unit Process Unit Shutdown Process Vent Process Weight Rate Production Equipment Exhaust System PublicationRotogravure Printing Line Purged Process Fluid Rated Heat Input Capacity Reactor Reasonably Available Control Technology (RACT) Reclamation System Refiner Refinery Fuel Gas Refinery Fuel Gas System Refinery Unit or Refinery Process Unit Reflective Argent Coating Refrigerated Condenser Regulated Air Pollutant Reid Vapor Pressure Repair Repair Coat Repaired Repowering Residual Fuel Oil Resist Coat Restricted Area Retail Outlet Ringelmann Chart Roadway Roll Coater Roll Coating Roll Printer Roll Printing Rotogravure Printing Rotogravure Printing Line SafetyReliefValve Sandblasting Sanding Seale'rs ., Screening Sealer Semi-Transparent Stains Sensor

### ILLINOIS REGISTER

POLLUTIONCONTROL BOARD

NOTICEOFADOPTEDAMENDMENTS 591001 

### ILLINOIS REGISTER

POLLUTIONCONTROLBOARD

NOTICEOFADOPTEDAMENDMENTS 591101

'I 

### AUTHORITY: Implementing Sections 9, 9.1, 9.9 

### and 10 

### and authorized by Sections 27 

### and 28.5 

### of the Environmental ProtectionAct [415 

### ILCS 5/9, 9.1, 9.9, 10, 27 

### and 28.,51. 211.5950 211.5970 211.5980 211.5990 211.6010 211.6025 211.6030 211.6050 211.6060 211.6070 211.6090 211.6110 211.6130 211.6140 211.6145 211.6150 211.6170 211.6190 211.6210 211.6230 211.6250 211.6270 211.6290 211.6310 211.6330 211.6350 211.6355 211.6360 211.6370 211.6390 211:6400 211.6410 211.6420 211.6430 211.6450 211.6470 211.6490 211.6510 211.6530 211.6540 211.6550 211.6570 211.6580 211.6590 211.6610 211.6620 211.6630 211.6650 

### Set of Safety ReliefValves Sheet Basecoat Sheet-Fed Shotblasting Side-SeamSprayCoat SingleUnit Operation Smoke Smokeless Flare SoftCoat Solvent Solvent Cleaning Solvent Recovery System Source SpecialtyCoatings SpecialtyCoatings for Motor Vehicles Specialty HighGloss CatalyzedCoating SpecialtyLeather Specialty SoybeanCrushing Source SplashLoading Stack StainCoating StandardConditions StandardCubic Foot (scf) Start-Up StationaryEmission Source StationaryEmissionUnit StationaryGas Turbine StationaryReciprocating InternalCombustionEngine Stationary Source Stationary Storage**T~nk** 

### Stencil Coat StorageTank or StorageVessel Strippable Spray BoothCoating StyreneDevolatilizer Unit StyreneRecoveryunit SubmergedLoading Pipe Substrate SulfuricAcidMist Surface Condenser SurfacePreparationMaterials Synthetic Organic Chemical or Polymer Manufacturing Plant Tablet Coating Operation Texture Coat Thirty-Day Rolling Average Three-Piece Can Three or Four Stage Coating System Through-the-Valve Fill Tooling Resin 211.6670 211.6690 211.6695 211.6710 211.6720 211.6730 211.6750 211.6770 211.6790 211.6810 211.6830 211.6850 211.6860 211.6870 211.6880 211.6890 211.6910 211.6930 211.6950 211.6970 211.6990 211.7010 211.7030 211.7050 211.7070 211.7090 211.7110 211.7130 211.7150 211.7170 211.7190 211.7200 211.7210 211.7230 211.7250 211.7270 '211.7290 211.7310 211.7330 211.7350 211.7400



### APPENDIX A APPENDIX BTopcoat TopcoatOperation Topcoat System Touch-Up Touch-UpCoating Transfer Efficiency TreadEndCementing True Vapor Pressure Turnaround Two-piece Cal) Under-the-Cup Fill Undertread Cementing UniformFinishBlender Unregulated SafetyReliefValve VacuumMetallizing VacuumProducing System Vacuum Service Valves Not ExternallyRegulated Vapor Balance System Vapor Collection System Vapor Control System Vapor-Mountedprimary Seal Vapor Recovery System Vapor-Suppressed Polyester Resin Vinyl Coating Vinyl Coating Line Volatile Organic Liquid (VOLl Volatile Organic Material Content (VOMC) Volatile Organic Material (VOM) orVolatile OrganicCompound (VOCI Volatile PetroleumLiquid WashCoat WashoffOperations Wastewater (Oil/Water) Separator Weak Nitric AcidManufacturing Process Web Wholesale Purchase

- Consumer WoodFurniture WoodFurniture Coating Wood Furniture Coating Line Woodlolorking Yeast Percentage

Rule into SectionTable Section intoRule TableILLINOIS REGISTER 591201 ILLINOIS REGISTER 591301

POLLUTION CONTROL BOARD POLLUTION CONTROL BOARD

NOTICE OFADOPTED AMENDMENTS NOTICE OF ADOPTED AMENDMENTS



### "Source" means any stationary source (or any 

### group ofstationary sourcesl thatare 

### located on

### one or

### more contiguous or adjacent

### properties that 

### ,--and are 

### under common control 

### ofthe sameperson ior

### persons undercommon control) and that 

### belongs belonging to a 

### single major 

### industrial grouping. For 

### thepurposes ofdefining "source,' a stationary Source or 

### group ofstationary sources shall be considered part of a 

### single major industrial grouping ifall ofthe pollutant emitting activities'at 

### suchsource or 

### group of sources located on 

### contiguous or 

### adjacentproperties and 

### under common control**propere~** 

### belong to 

### the sameHajorGroup (i.e.• all have the same two-digit code) as 

### described in the Standard Industrial 

### ClassificationHanual. 1987 (incorporated by reference in 35 Ill. Adm. Code 218.112 and 219.112), or 

### such pollutant 

### emitting activities at a stationary 

### source (or 

### group ofstationary sources) 

### located on 

### contiguous or 

### adjacentproperties and 

### under common control constitute a support 

### facility as defined in Section 39.5 of the Environmental Protection Act**LLl~** ILCS 5/39.51. 

### The determination as to 

### whetherany group 

### ofstationary sources

are 

### located on contiguous or adjacent 

### properties, and/or are under 

### common control. 

### and/or whether the pollutant 

### emitting activities at 

### such group of stationary 

### sources constitute a support

### facility shall be made On a case 

### by

case 

### basis. (415 ILCS 5/39.51 and those provisions of the federal Nolx) Trading Program, 40 incorporated by reference therein. For the purposes of 35 Ill. Adm. Code 217, Subparts Uand W, the Program shall mean the requirements of 35 Ill. Adm. Code 217, Subparts CFR 96, Trading Uand W,

effective effective



## 590 0 Reg. Reg.

Ill. Ill. 25 at SUBPART B: DEFINITIONS

(Source: Amended at 25 

### _--:.:'\t...::'k:.....:-!**~_, .:cIU~U.:..1**  

### ) (Source: Added 

### IIPR 

### I77IJU'

Section 211.6130 Source I Section 211.4067 NOlx) Trading Program SOURCE: Adopted as Chapter 2: Air Pollution, Rule 201: Definitions, R71-23, 4 PCB 191, filed and effective April 14, 1972; amended in R74-2 and R75-5, 32 PCB 295, at 3 Ill. Reg. 5, p. 777, effective February 3, 1979; amended in R78-3 and 4, 35 PCB 75 and 243, at 3 Ill. Reg. 30, p. 124, effective July 28, 1979; amended in R80-5, at 7 Ill. Reg. 1244, effective January 21, 19831 codified at 7 Ill. Reg. 13590; amended in R82-1 (Docket A) at 10 Ill. Reg. 12624, effective July 7, 1986; amended in R85-21(A) at 11 Ill. Reg. 11747, effective June 29, 1987; amended in R86-34 at 11 Ill. Reg. 12267, effective July 10, 1987; amended in R86-39 at 11 Ill. Reg. 20804, effective December 14, 1987; amended in R82-14 and R86-37 at 12 Ill. Reg. 787, effective December 24, 1987; amended in R86-18 at 12 Ill. Reg. 7284, effective April 8, 1988; amended in R86-10 at 12 Ill. Reg. 7621, effective April 11, 1988; amended in R88-23 at 13 Ill. Reg. 10862, effective June 27, 1989; amended in R89-8 at 13 Ill. Reg. 17457, effective January 1, 1990; amended in R89-16(A) at 14 Ill. Reg. 9141, effective May 23, 1990; amended in R8B-30(S) at 15 Ill. Reg. 5223, effective March 28, 1991; amended in R88-14 at 15 Ill. Reg. 7901, effective May 14, 1991; amended in R91-10 at 15 Ill. Reg. 15564, effective October 11, 1991; amended in R91-6 at 15 Ill. Reg. 15673, effective October 14, 19911 amended in R91-22 at 16 Ill. Reg. 7656, effective May 1, 1992; amended in R91-24 at 16 Ill. Reg. 13526, effective August 24, 1992; amended in R93-9 at 17 Ill. Reg. 16504, effective September 27, 1993; amended in R93-11 at 17 Ill. Reg. 21471,**.~effective** December 7, 1993; amended in R93-14 at 18 Ill. Reg. 1253, effective January 18, 1994; amended in R94-12 at 18 Ill. Reg. 14962, effective September 21, 1994; amended in R94-14 at 18 Ill. Reg. 15744, effective October 17, 1994; amended in R94-15 at 18 Ill. Reg. 16379, effective October 25, 1994; amended In R94-16 at 18 Ill. Reg. 16929, effective November 15, 1994; amended in R94-21, R94-31 and R94-32 at 19 Ill. Reg. 6823, effective May 9, 1995; amended in R94-33 at 19 Ill. Reg. 7344, effective May 22, 1995; amended In R95-2 at 19 Ill. Reg. 11066, effective July 12, 1995; amended in R95-16 at 19 Ill. Reg. 15176, effective October 19, 1995; amended in R96-5 at 20 Ill. Reg. 7590, effective May 22, 1996; amended in R96-16 at 21 Ill. Reg. 2641, effective February 7, 1997; amended in R97-17 at 21 Ill. Reg. 6489, effective May 16, 1997; amended in R97-24 at 21 Ill. Reg. 7695, effective June 9, 1997; amended in R96-17 at 21 Ill. Reg. 7856, effective June 17, 1997; amended in R97-31 at 22 Ill. Reg. 3497, effective February 2, 1998; amended in R98-17 at 22 Ill. Reg. 11405, effective June 22, 1998; amended in**~01-9** at 24 Ill. Reg. 108, effective December 26, 2000; amended in ROl-ll at 25 Ill. Reg. 4582, effective March 15,_ }lOOl; amended in ROl-17 at 25 Ill. Reg. 

## 59g 1\

- L.effective 

### ,Wk I I(UU! 

### u-_

BOARD NOTE: This Part implements the Illinois Environmental Protection Act as of July 1, 1994.

NOTE: In this Part, superscript numbers or denoted by bracketsI used in mathematics. unless the context clearly indicates otherwise. letters are denoted by parentheses; subscript are and SUM means the summation series or sigma function as 

# .,**"'** 

## .."';

### ~, "\"'''''',,'



### . :i:**:.~~:**

### ;:;,

# --------_._------------------------------~

### ILLINOIS REGISTER

POLLUTIONCONTROLBOARD

NOTICEOFADOPTEDAMENDMENTS
6) Does this rulemaklng containan automatic repeal date? No 591501

7) Do these amendments contain Incorporations by 

### reference? Yes. See Section 217.104. All Incorporations are pursuant to Section 5-75 of the Illinois Administrative Procedure Act.
8) Acopyof the adopted amendments, Including any material Incorporated by reference, is on file in the agency's principal office and is available for public inspection.
9) Notices ofProposal Published in Illinois Register: 24 Ill. Reg. 16200, November 3, 2000; 24 Ill. Reg. 16467, November 13, 2000
10) Has JCAR Issued a Statement ofObjection to these amendments? No
11) Differences between proposal and final version: Final version combines two Board dockets for publication. ROl-16 (Sections 217.700

- 217.712) and ROl-17 (Sections 217.450

- 217.482 and Sections 217.800

- 217.865).

The sectionnumbers for Subpart U

### were changed to allow for a sequential progression. The rules as proposed listed Subpart U

### as 217.6xx. Final rules list Subpart

### Uas 217.4xx.

Section 217.454 In the proposal contained a subsection regulating low-emitter requirements. These requirements have been moved to Section 217.472.

In Sections 217.710 and 217.712, added subsections allowing low capacity factor units to use alternative monitoring techniques.

In Section 217.805, removed the requirement that only units permitted to operate prior to 1995 are eligible toparticipate in Subpart X. 

### Also made changes in Sections 217.820 and 217.825 to allow these additional units to calculate baseline emissions, and determine creditable reductions.

Made several non-substantive clarifying/correctionchanges.

JCAR suggested several nonsubstantlve typographical and changes which the Board included in the final version. grammatical

12) Have all the changes agreed upon Indicated In the agreements letter? by

### the agency and JCARbeenmade as Yes
13) Will these amendments replace emergency amendments currently in effect? No
14) Are there any amendments pending on this Part? No
'1ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OFADOPTED AMENDMENTS 591601 ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS 591701

15) Summary and Purpose of Amendments: Acomplete description of this Section 28.5 fast-track rulemaking is included in the Board's March 1, 2001 opinion and order in docket R01-ll,'which is available from the address below. These rules are adopted to control the emissions of nitrogen oxides (NOx) from large electrical generating units (EGUs) and large non-EGUs, during the ozone control season (May 1 through September 30. For Subpart Uonly, the ozone control period will be May 31 through September 30, 2004, and then from May 1 to September 30 of subsequent years). The amendments are intended to meet the State of Illinois' obligation under the Clean Air Act, 42 USC 7401 et seq. (CAA) to submit a State Implementation Plan (SIP) that addresses the requirements of the NOx SIP Call, 63 Fed. Reg. 57,356 (Oct. 27, 1998). The amendments are also intended to meet the requirements of Section 9.9 of the Environmental Protection Act, 415 ILCS 5/9.9. Included in this rulemaking are new 35 Ill. Adm. Code 217 Subparts U, V, and X, and other general provisions in Part 211 (which also appear in today's Illinois Register).

16) Information and questions regardlnq these adopted amendments shall be directed to:

Bobb Beauchamp 100 W. Randolph Street James R. Thompson Center Suite 11-500 Chicago, Illinois 60601 (312) 814-6926

Copies of the Board's opinions and orders may be requested from the Clerk of the Board at the address above. Please refer to docket numbers ROl-16 and ROl-17 in your request. The Board order is also available from the Board's Web site (www.ipcb.state.il.us).

The full text of the adopted amendments begins on the next pagel Section 217.100 217.101 217.102 217.103 217.104

Section 217.121

Section 217.141

Section 217.301

Section 217.381 TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE B: AIR POLLUTION CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS

. FOR STATIONARY SOURCES

PART 217 NITROGEN OXIDES EMISSIONS

SUBPART A: GENERAL PROVISIONS

Scope and Organization Measurement Methods Abbreviations and Units Definitions Incorporations by Reference

SUBPART B: NEW FUEL COMBUSTION EMISSION SOURCES

New Emission Sources

SUBPART CI EXISTING FUEL COMBUSTION EMISSION SOURCES

Existing Emission Sources in Major Metropolitan Areas

SUBPART K: PROCESS EMISSION SOURCES

Industrial Processes

SUBPART 01 CHEMICAL MANUFACTURE

Nitric Acid Manufacturing Processes

SUBPART T: CEMENT KILNS

Section 217.400 217.402 217.404 217.406 217.408 217.410 Applicability Control Requirements Testing Monitoring Reporting Recordkeeping 

## .,ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS 591801 ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS 591901

AUTHORITY: Implementing Sections 9.9 and 10 and authorized by Sections 27 and 28.5 of the Environmental Protection Act [415 ILCS 5/9.9, 10, 27 and 28.5.1 APPENDIX A APPENDIX B APPENDIX C APPENDIX D APPENDIX E APPENDIX F Section 217.450 217.452 217.454 217.456 217.458 217.460 217.462 217.464

217.466 217.468 217.470 217.472 217.474 217.476 217.478

217.482

Section 217.521 217.700 217.702 217.704 217:706 217.708 217.710 217.712 SUBPART U: NOlxl CONTROL AND TRADING PROGRAM FOR SPECIFIED NO[xl GENERATING UNITS

Purpose Severability Applicability Compliance Requirements Permitting Reguirements Subpart UNolxl Trading Budget Methodology for Obtaining NO[x} Allocations Metholodology for Determining NO[x) Allowances from the New Source Set-Aside Allocations Procedure for Subpart UBudget Units New Source Set-Asides for "New" Budget Units Early Reduction Credits (ERCs) for Budget Units Low-Emitter Reguirements Opt-In Units Opt-In Process Opt-In Budget Units: Withdrawal from the**NO~** Trading Program Opt-In Budget Units: Change in Regulatory Status Allowance Allocations to Opt-In Budget Units

SUBPART V: ELECTRIC POWER GENERATION

Lake of Egypt Power Plant Purpose Severability Applicability Emission Limitations Averaging Monitoring Reporting and Recordkeeping

SUBPART W: NO(xl TRADING PROGRAM FOR ELECTRICAL GENERATING UNITS 217.768 217.770 217.774 217.776 217.778 217.780 217.782

Section 217.800 217.805 217.810 

### ll.Llli 217.820 

### lll..:..ll2 217.830 217.835 217.840 217.845 217.850 217.855

217.865 New Source Set-Asides for "New' Budget EGUs Early Reduction Credits for Budget EGUs Opt-In Units Opt-In Process Budget Opt-In Units: Withdrawal from NO[xl Trading Program Opt-In Units: change in Regulatory Status Allowance Allocations to Budget Opt-In Units

SUBPART X: VOLUNTARY No[xl EMISSIONS REDUCTION PROGRAM

Purpose Emission Unit Eligibility Participation Requirements Emission Reductions and the Subpart XTrading Budget Baseline Emissions Determination Calculation of Creditable No[xl Emission Reductions Limitations On NO[xl Emission Reductions Emlss!on Reductions Proposal Agency Action Emissions Determination Methods Emissions Monitoring Reportl!!g Recordkeepinq Enforcement

Rule into Section Table Section into Rule Table Compliance Dates Non7Electrical Generating Units Larqe Non-Electrical Generating Units Allowances for Electrical Generating Units

Section 217.750 217.752 217.754 217.756 217.758 217.760 217.762

217.764 Purpose Severability Applicabilit Y Compliance Requirements Permitting Requirements NO[xl Trading Budget Methodology for Calculating NO[xl Allocations for Budget Electrical Generating Units**(~EGUs~)** NO[xl Allocations for Budget EGUs SOURCE: Adopted as Chapter 2: Air Pollution, Rula 207: Nitrogen Oxides Emissions, R71-23, 4 PCB 191, April 13, 1972, filed and effective April 14, 1972; amended at 2 Ill. Reg. 17, p. 101, effective April 13, 1978; codified at 7 Ill. Reg. 13609; amended in ROl-9 at 25 Ill. Reg. 128, effective December 26, 2000; amended in R01-ll at 25 Ill. Reg. 4597, effective March 15, 2001; amended in ROl-16 and ROl-17 at 25 Ill. Reg. 

## 51)14.'.:=, effective**l\~k** 

### I "

### 2U01

SUBPART U: NO[xl CONTROL AND TRADING PROGRAM FOR SPECIFIED NO[xl GENERATING UNITS



# ..

### ILLINOIS REGISTER 592001 ILLINOIS REGISTER 592101

POLLUTIONCONTROLBOARD POLLUTIONCONTROLBOARD

NOTICEOFADOPTEDAMENDMENTS NOTICEOFADOPTEDAMENDMENTS

The purpose of this Subpart is to cap**~he** 

### emissions ofnitrogen oxides (NOlxl! during the ozone control period fromunits subject to the provisions of this Subpart (budget units) by determining source allocations and by implementing the federal NOlxl Trading Program, 40 CFR 96, consistent with the provisions of this Subpart.

This Subpart applies to any fossil fuel-fired stationary boiler, combustion turbine, or combinedcycle system, with a maximum design heat input greater than 250 mmbtu/hr and that is:



## 11 A unit listed inAppendix

### Eof this Subpart, irrespective of any subseguent changes inownership, unit designation, or name of the uniti 

### or 

## 11 Aunit not listed inAppendix E

### of this SUbpart that: At no time serves a generator producing electricity for sale; At any time serves a generator producing electricity for sale, if such generator has a nameplate capacity of 25 MWe

or less and has the potential touse nomore than 50\ of the potential electrical output capacity of the unit. Fifty percent of aunit's potential electrical output capacity shall be determinedby multiplying the unit's maximumdesign heat input by 0.0488 MWe/mmbtu. If the size of the generator is smaller than this calculated number, the unit is subject to the provisions of this Subpart, but if the size of the generator is greater than this calculated number, the unit is subject to the provisions of SUbpart W 

### of this Parti Is part of any source, as that term is defined in 35 Ill. Adm. Code 211.6130, listed inAppendix Eof this Parti or Ql 

### Is a unit subject to SUbpartWof this.Part (excluding any unit listed in Appendix Fof this Part, regardless of any change in ownershipor any change of operator!, and the Section, sentence or clause not found invalid.

effective 

# 5914 ------'''-=---) 

### Reg. Ill. 

### 25) 

### at owner or operator makes a**p~rmanent** 

### election, at the time of applying for a budget permit pursuant to this Part, to subject the unit to the reguirements of this SUbpart rather than Subpart W of this Part. Any unit for which such an election is made will not receive an allocation from the Subpart U

### or Subpart W

### Nolxl Trading Budget. 

## E1 Those units that meet the above criteria and are subiect to the NOlxl Trading Programemissions limitations contained in this Subpart are budget units. 

### £! Low-emitter status: Notwithstanding subsection (al of this Section, the owner or operator of abUdget unit subiect to the requirements of subsection (al of this Section may elect low emitter status by obtaining a permit with federally enforceable conditions that meet the requirements of Section 217.472(al. Starting with the**effectiv~** 

### date of such permit, the unit shall be subject only to the reguirements of Section 217.472. The owner or operator of anybudget unit not listed in Appendix E 

### of this Part but subject to this Subpart shall not receive an allocation ofNOlxl allowances from the Subpart

### U or Subpart 

### W NOlxl Trading Budget or from the SUbpart U

### Nolxl Trading Budgets, except for any allowance from the new source set-aside in accordance with Section 217.468 of this Subpart. Suchunit must acguire NOlxl allowances in an amount not less than the Nolxl emissions from suchbudget unit during the control period (rounded to the nearest whole ton! in accordance with the federal NOlxl Trading Program, Subpart X

### of this Part or pursuant to a permanent transfer of NOlxl allocations pursuant to Section 217.462(b) of this Subpart. 

### !l Notwithstanding any other provisions of this Subpart, a source and units at the source sUbject to the provisions of subsection tal of this Section will become sUbject to this Subpart on thefirst**da~** 

### of the control season subseguent to the calendar year in which all ofthe otherstates'subject to theprovisions ofthe NOlxl sip call (63 Fed. Reg. 57355 (October 27, 1998!) that arelocated in USEPA Region Vor

are that contiguous to Illinois have adopted regulations to implement**~xl** 

### trading programs and other reguired reductions of No[xl emissions pursuant to the NOlxl SIP call, and such regulations have received final approval by 

### USEPA as part ofthe respective states' SIPSfor ozone, or afinal rIP for ozone promulgated by 

### USEPA is effective. 1415 ILCS 519Liifll

All bUdget units subject to the

### requireme~~s of this Subpart must comply with the following: The requirements of this Subpart and 40 crR 96, excluding 40 CFR Section 217.456 ComplianceRequirements effective effective 

## 5914

-

is found invalid, such Subpart as a whole or any


# 5914 Reg.

Reg. Ill.



### Ill. 25 (Source: Added at**~p~** 

### I**i!lil~** 

### (Source: Added at 25

__**i'"-,-,r,-,P_i_~---,-,)IJ,,,U,,-!** I



### Section 217.454 Applicability Section 217.452 Severability

If any Section, subsection or clause of this Subpart finding shall not affect the validity of this Section 217.450 PurposeILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS 592201 ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS 592301



# .. 96.4(bl, 96.55(c), and subparts C, E, and I, as incorporated by reference in Section 217.104 of this Part. To the extent that this Subpart contains provisions whIch are inconsistent with any provisions of 40 CFR 96, the owner or operator of budget units subject to this Subpart shall comply with the provisions of this Subpart in lieu of those provisions which were Incorporated by reference. 

### P1 Budget permit requirements: 

### II The owner or operator of each source with one, or more budget units at the source subject to this Subpart must .ubmlt a complete permit application for a budget permit in accordance with the provisions of Section 217.458(a)(4), (a)(5) or /al/6),

as applicable, to be issued by the Agency with federally enforceable conditions covering the NO[x) Trading Program (budget permit), and that complies with the requirements of Section 217.458 of this Subpart. 

## £1 The owner or operator of one or more budget units subject to this Subpart must operate each such budget unit in compliance with such budget permit or complete budget permit application, as applicable. 

### 11" The owner or operator of one or more budget units subject to this Subpart, at the time of filing an application for a permit under this Section, must submit a complete application for either a permit incorporating a source-wide overdraft account (as such
term is defined in 40 CFR 96.2). or a permit incorporating unit specific compliance accounts for each budget unit at the source subject to this Subpart. Such election shall be at the sole discretion of the owner or operator of the source and the Agency shall incorporate such election into a permit issued to the

source pursuant to this Subpart. 

### £1 Monitoring reguirements: 

### II For budget units subject to the reguirements of this Subpart, and which commence operation on and**afte~** January 1, 2000, the owner

or operator of each such budget unit at the source must comply with the monitoring requirements of 40 CFR 96, subpart H. The
account representative of each such budget unit at the source shall comply with those sections of the monitoring requirements of 40 CFR 96, subpart

### H, applicable to an account representative. 

## £1 The compliance of each budget unit subject to the reguirements of subsection Ic)(l} or subsection (c}(31(AI of this Section with the control period NO[x) emissions limitation under subsection ld} of this Section shall be determined by the emissions
measurements recorded and reported in accordance with 40 CFR 96, subpart H. 

### 11 For budget units which commenced operation prior to January 1, 2000:The owner or operator of each such bud9tt unit at the source must comply with the requirements of 40 CFR 96, subpart Hj

or If the monitoring requirements of 40 CFR 96, subpart H, are demonstrated by the source to be technically infeasible as applied to a budget unit subject to the reguirements of this Subpart, the owner or operator of such budget unit may monitor by an alternative monitoring procedure for the budget unit approved by the Agency and the Administrator of USEPA pursuant to the provisions of 40 CFR 75, subpart E. Such'alternative monitoring procedures must be contained as federally enforceable conditions in th"e unit's permit. 

### !l The compliance of each budget unit SUbject to the reguirements of subsection Ic)(3}(BI of this Section shall be determined by the emissions measurements recorded and reported in accordance with the federally enforceable conditions in the budget unit's permit addressing monitoring as reguired by subsection (c)13}IB) of this Section. Allowance reguirements:



### II As of November 30 of each year, the allowance transfer deadline, the account representative of each source subject to the regulrements of this Subpart must hold allowances available for compliance deductions under 40 CFR 96.54 for each budget unit at the source subject to this Subpart in the budget unit's compliance accounts, or the source's overdraft account. The number of allowances held in these accounts shall not be less than the total NO[x) emissions for the control period (rounded to the nearest whole ton). as determined in accordance with subsection ec} of this Section, plus any number of allowances necessary to account for actual utilization (e.g., for testing, start-up, malfunction, and shut down) under 40 CFR 96.42(e} for all budget units at the source subject to this Subpart. Compliance with this provision shall be demonstrated If, as of the allowance transfer deadline, the sum of the allowances available for compliance deductions for all budget units at the

source subject to this Subpart is egual to or greater than the total NO[x] emissions (rounded to the nearest whole tonI from all budget units at the source subject to this Subpart. 

## £1 Allowances shall be held in, deducted from, or transferred among allowance accounts in accordance with this Subpart and 40 CFR 96, subparts F and G. 

## 11 Each ton of NO[x) emitted by a source with one Or more budget units subject to this Subpart in any control period in excess of the NO[x) allowances held by the owner or operator for each budget unit at the source subject to this Subpart for each control period shall constitute a separate violation of this Subpart and the Act. 

### !l In order to comply with the requirements of subsection (d)ll) of this Section, an allowance**~ay** not be utilized for a control period in a year prior to the year for which the allowance was allocated.

### _______________**I~L~L~I~N~O"_'I~S~R~E~G""'I~S""'T'_!E"_!R~ -'5~92** 

### 401

POLLUTIONCONTROLBOARD

NOTICEOFADOPTEDAMENDMENTS ILLINOIS REGISTER

POLLUTIONCONTROLBOARD

NOTICEOFADOPTEDAMENDMENTS 592501



## 11 An allowance allocated by the Agency or USEPA under the Nolxl Trading Program is a limited authorization to emit one tonof liQlxl. No provision of the NOlxl Trading Program, any permit issued or permit application submitted pursuant to this Subpart,

or an exemption under 40 CFR 96.5 and noprovisionof law shall. be construed to limit the authority of the United States or the State to terminate or limit this authorization. An allowance allocated by the Agency or USEPA under the NOlxl Trading Programor pursuant to this Subpart does not constitute a property right. 

### 11 Upon recordation by USEPAunder 40 CFR 96, subpart For G, every allocation, transfer, or deduction of an allowance to or from a budget unit's compliance account or to or from the source's general or overdraft account where the budget unit is located is deemed to amend automatically and become a part of anybudget permit of the budget unit. This automatic amendment of the budget permit shall occur by oppration of law and will not require any further revie·'. Recordkeeping and reporting requirements:



### 11 Unless otherwise provided, the owner or operator of a source subject to the requirements of this Subpart must keep at the

source each of the documents listed in subsections (e)(l)(A) through (e)el)(Dlof this Section for a period of 5 years from the date the document is created. This period may be extended for

cause at any time prior to the end of 5 years in writing by the Agency or USEPA. The account certificate of representation for the account representative for the source and each budget unit at the

source subject to the requirements of this Subpart and'all documents that demonstrate the truthof the statements in the account certificate of representation, in accordance with 40 CFR 96.13, provided that the certificate and such supporting documents must be retained on site at the source beyond such five-year period until such documents are superseded because of the submission of a new account certificate of representation changing the account representative. 

### !U All emissions monitoring information,. in accordance with subsection eel of this Section, provided that tothe extent that 40 CFR 96, subpart H, provides for a three-year period for recordkeeping, the three-year period shall apply. Copies of all reports, compliance certifications, and other submissions and all records made or required under this Subpart or the NO[x) Trading Program or documents necessary to demonstrate compliance with the requirements of this Subpart or the NOlx] Trading Program. Ql 

### Copies of all documents used to complete a budget permit application and any other submission under this Subpart or under the NO[x) Trading Program. 

### 11 The account representative of a source and eachbudget unit at the source subject to the reguirements of this Subpart must submit to the Agency and USEPA the reports and compliance certifications reguired under this Subpart and the NOlxl Trading Program, including those under 40 CFR 96, subparts Dand H. 

### II Liability: 

### 11 No revision of a bUdget permit shall excuse any violation of the requirements of the NOlxl Trading Programor this Subpart that

occurs prior to the date that the revision under suchbudget permit takes effect. 

### 11 Each budget source and eachbudget unit at the source shall meet the requirements of the NOlx) Tradinq Program. 

### II Any provision of this Subpart or the NOlx] Tradinq Program that applies to a source subject to the requirements of this**Subpar~** 

### (includinq a provision applicable to the account representative of the source) shall also apply to the owner and operator of such

source and to the owner and operator of the budget units subject to the requirements of this Subpart at the SOurce. 

### 11 Any provision of this Subpart or the Nolx) Trading Program that applies to a budget unit subject to' the requirements of this Subpart (includinq a provision applicable to the account representative of suchbudget unit) shall also apply to the owner and operator of suchbudget unit. Except with regard to the requirements applicable to budget units with a common stack under 40 CFR 96, subpart H, the owner and operator and the account representative ofone budget unit shall not be liable for any viOlation by any other budget unit ofwhich they are not an owner
or operator or the account representative and that is located at

a source ofwhich they are not an owner or operator or the account representative. 

## 11 Excess emissions requirements: The account representative of a
source that has excess emissions in any control period shall surrender the allowances as required for deduction under 40 CFR 96.54(d)(I). The owner or operator ofa budget EGU that has excess emissions in any control period shall pay any fine, penalty, or assessment

or comply with any other remedy imposed under 40 crR 96.54(dllll and the Act. 

### 91 Effect on other authorities: No provision cf this Subpart, the NO[xl Trading Program, a budget permit application, a budget permit, or a retired budget unit exemptionunder 40 crR 96.5 shall be construed as exempting or excluding the owner or operator and, to the extent applicable, the account representative of a source or budget unit from compliance with any other**reg~~ations** 

### promulgated under the CAA, the Act, an approved State implementation plan, or a federally enforceableILLINOIS REGISTER 5926 ILLINOIS REGISTER 5927 01 01

POLLUTIONCONTROL BOARD POLLUTIONCONTROL BOARD

NOTICEOFADOPTED AMENDMENTS NOTICEOFADOPTEDAMENDMENTS

Budget permit requirements:



### 11 The owner or operator of each source with one or more budget units subject to this Subpart is required to timely submit, in accordance" with subsection (a)(4), (a)(5), or (a)(6) of this Section, as applicable, a complete permit application addressing all requirements of this Subpart applicable to such budget units. 

## 11 Each budget permit (including a draft or proposed budget permit, if applicable) shall contain federally enforceable conditions addressinq all applicable requirements of the NO[x) Trading Programand requirements of this Subpart and shall be a complete and segregable portionof the source's entire permit. 

### 11 No budget permit will be issued, and no NO(x) allowance account will be established for any bUdget unit subject to this Subpart, until the Agency and USEPA have received a complete account certificate of representation under 40 CFR 96, subpart B, for an account representative of the source and each budget unit at the

source subject to this Subpart. 

### 11 For any budget unit subject to this Subpart that commenced operation before November I, 2003, and for which a CAAPP permit is not required pursuant to Section 39.5 of the Act, the owner or operator of such budget unit must submit a budget permit applicationmeeting the requirements of this Subpart onor before November 

### I, 2003. 

### 21 For any budget unit subject to this Subpart that commenced operation before Auqust 1, 2003, and for which a CAAPP permit is required pursuant to Section 39.5 of the Act, the owner or operator of such budget unit must submit a budget permit application meeting the reguirements of this Subpart onor before August 1, 2003. For any budget unit subject to this Subpart that is subject to Section 39.5 of the Act and that commences operation onor after August 1, 2003, and for any budget unit subject to this Subpart and not subject to Section 39.5 of the Act that commences operation on or after November I, 2003, the owner or operator of such budget units must submit applications for construction and operating permits pursuant to the requirements of Sections 39 and 39.5 of the Act and 35 Ill. Adm. Code 201 and such applications must specify that they are applying for budqet permits, and must address the budget permit application requirements of this Subpart. 

### Ql Budget permit applications: 

### 11 Duty to apply: The owner or operator ofany source withone or
more budget units subject to this Subpart must submit to the Section 217.458 Permitting Requirements



### Al The Initial NO[x) allowances available for allocation for each control period (the Subpart UNO[X) Trading Budget) for budget units subject to the provisions of this Subpart shall be 4,882 tons per control period, subject to adjustment in accordance with subsections (bl, (c) and (d) of this Section, and subject to the new source set-aside for budget units subject to this Subpart, as set forth in Sections 217.462 and 217.464 of this Subpart. The Subpart UNO(x) Trading Budget shall be Initially allocated as set forth in Appendix Eof this Part. 

### Ql The Agency may adjust the Subpart UNO[x) Trading Budget available for allocations in subsection (a) of this Section by adding allowances for budget units subject to this Subpart opting to become subject to this Subpart pursuant to the requlremeAts for opt-in units in Sections effective Reg. IlL 25 at Agency one or more complete bUdget permit applications under subsection (b)(2) of this Section for such budget units by the applicable deadline in subsection (a)(4), (a)(5), or (a)(6) of this Section. The owner or operator of any source with such budget units must reapply for a budget permit as required by this Subpart, and 35 Ill. Adm. Code 201 and Sections 39 and 39.5 of the Act. 

### Il Information requirements for budget permit applications: A complete budget permit application must include the following elements concerning the budget units for which the application is submi[ted: Identification of the source, Including plant name. The ORIS (Office of Regulatory Information Systems) or facility code assigned to the source by the Energy Information Administration must also be included, if applicable; Identification of each fossil fuel-fired combustion turbine, stationary boiler or combined cycle system budget unit at the source. 

### £1 An explanation Why each budget unit is subject to the requirements of Section 217.454 of this SUbpart; and 

### Q1 The compliance requirements of Section 217.456 of this Subpart. 

### 11 Federally enforceable status ofbudget permit: An application for a budget permit shall be treated as a modification of the source's existing federally enforceable permit, if such permit has been issued for the source, and shall be subject to the same procedural requirements as the oriqinal application. When the Agency Issues a budqet permit, It shall be incorporated into and become a segregable part of the source's existing federally**enforcea~le** permit.

(Source\ Aejded 

### (It'R I '}uill

Section 217.460 SubpartUNO[x) Trading Budget effective 

## 591

## 4. Reg. IlL 25 (Source: Added at
.r

### i " I:,J'

### ILLINOIS REGISTER 5928 ILLINOIS REGISTER 5929 01 01

POLLUTIONCONTROLBOARD POLLUTIONCONTROL BOARD

NOTICEOFADOPTEDAMENDMENTS NOTICEOFADOPTEDAMENDMENTS

217.474 and 217.476 of this Subpart. 

### £1 The Agency shall adjust the SUbpart UNO[x) Trading Budget available for allocations in subsection (a) of this Section to remove allowances from units opting to become exempt pursuant to the reguirements for low-emitters in Sections 217.454Ic) and 217.472 of this Subpart. 

### Ql Except as set forth in subsection Ie) of this Section, ifUSEPA adjusts the base Subpart UNO[x) Trading Budget of 4,882 allowances, the Agency will adjust the Subpart UNO[x) Trading Budget pro-rata. 

### £1 If USEPA adjusts the Subpart U NO[x) Trading Budget as to any individual bUdget unit, the Subpart UNO[x) Trading Budget shall not be adjusted pro-rata, and only the allowance allocation for that budget unit will be adjusted. Source Set-Aside

I

### The methodoloQv for calculating the allowances available to be

allocated to new budget units subject to this Subpart from the new
source set-aside is based on the more stringent emission rate of 0.15 Ib/mmbtu or the permitted NO[x) emission rate, but not less than 0.055 lb/mmbtu. 

### £! The general eguation for determining allowances is:

(Source: Added at**,,~** I' 

### IIUl 25 Ill. 

### Reg. 

# 5914--, effective Where HI heat input (inmmbtu/control period) as determined in accordance with subsection lc) of this Section.



### £1 The projected heat input shall be determined as set forth below, divided by 2000 Ibs/ton:



### II For "new" budget units subiect to this Subpart that have seasonal heat input from at least ] control periods prior to the allocation year, the average of the budget unit's 2 highest seasonal heat inputs from the control periods 1 to ] years prior to the allocation year; 

### £1 For "new" budget units subject to this Subpart that have seasonal heat input from only 2control periods prior to the allocation year, the average of the budget unit's seasonal heat inputs from the control periods 1 and 2 years prior to the allocation year; 

### 11 For "new" budget units subject to this Subpart that have seasonal heat input fromonly the control period prior to the allocation year, the heat input from that control period; or 

### 1.1 For "new" budget units subject to this Subpart that have not operated for at least 77 days of the control period prior to the allocation year, the budget unit's maximumdesign heat input for the control period as designated in the construction permit. allowances ofNO/X) control period. The NO[x) emission rate in Ibs/mmbtu as determined in accordance with subsection (a) of this**Sec~ion.**



### effect!ve 

## -, 

## 5914 Reg. Ill. 

### 25 Where ER

## =

(Source: Added at 

### Ilrki" 

## IW Appendix E of this Part identifies the sources with existing budget units subject to this Subpart and the number of NO[x) allowance allocations that each such budget unit is eligible to receive each control period, subject to adjustment in accordance with Section 217.460 of this Subpart and for transfers made in accordance with subsection (b) of this section. Each named budget unit's allocation will be adjusted proportionally based on the adjusted Subpart UNO[x) trading budget as provided by Section 217.460 of this Subpart. 

### £! The owner or operator ofbudget units subject to this SUbpart may permanently transfer all or part of their allocationof allowances pursuant to Column 5 ofAppendix Eof this Part, subject to adjustment in accordance with this Subpart, to another budget unit subject to this Subpart, or to a budget unit subject to SubpartWof this Part. Such transfer will be effective by submitting a written reguest to the Agency that is signed by the account representative for the transferring budget unit and containing the account number for the recipient budget unit. The owner or operator ofbudget units subject to this Subpart may not permanently transfer all or part of the new
source set aside indicated as the difference between Column 4 and Column 5 of Appendix Eof this Part. 

### £1 Subject to adjustment in accordance with this Subpart, revocationor revision of the federal NO{x) Trading Program or this Subpart, allocations pursuant to Appendix Eof this Part exist for the life of the program, including all or a portion of any allocation transferred to another bUdget unit pursuant to the provisions of this Subpart. Section 217.462 Methodology for Obtaining NO[x) Allocations

(Source: Added at 25 Ill. 

### Reg. 

## 591

# 4 "j 

### effective 

### I,I'V I (I.I!' )



### Section 217.464 Methodology for Determining NO[x] Allowances frolll the New Section 217.466 NO/X) Allocations**procedu~e** 

### for Subpart UBudget Units

For each control period, the Agency will allocate the total number of NO[x) allowances in the Subpart UNO[xl Trading Budget apportioned to budget units

-'

... "';..'

....... , _' M ...;;,

....

# ~~;i!l::!;.;j,1;,:.~.::=:t~" "ILLINOIS REGISTER 5930 ILLINOIS REGISTER 5931 01 01

POLLUTION CONTROL BOARD POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS NOTICE OF ADOPTED AMENDMENTS

this Subpart; or 

## 11 If, after any annual allocation to new budget units, there are sufficient allowances accumulated in the new source set-aside to allocate one or more whole allowances to the owner or operator of eXisting budget units listed in Appendix E of this Part on a pro-rata basis, such accumulated whole allowances shall be allocated pro-rata to such owner or operators.

For the 2004, 2005 and 2006 control periods, a "new" budget unit Is

one that commenced commercial operation on or after January 1, 2000. For the 2007 and later control periods, a "new" budget unit Is one that commenced commercial operation no more than 3 control periodS prior to the year the allocation is reguested pursuant to this Section. Those units that commenced commercial operation on or after January 1, 2000, but before May 31, 2004, become "existing" budget units on October 1, 2004. Those units that commenced commercial operation on or after May 31, 2004, become "existing" budget units the end of the third control period after they commenced commercial operation.

. "New" budget units must have an allowance for every ton of**NO[~** emitted during the control period as provided in Section 217.456(d) of**~hls** Subpart. 

### fl The Agency will establish a new source set-aside for each control period from which "new" budget units may purchase NO[x] allowances. Each new source set-aside will be allocated allowances equal to 3\ of each source's initial total Subpart UNO(x] Trading Budget allocation

as reflected In Column 5 of Appendix E of this Part, which is 146 allowances, for each control period. The allocation for the new

source**set~aside** from each Source shall be based on 3\ of the source's Initial allocation, without regard to subseguent adjustment to any such source's current allocation, including permanent transfer of allowances to another source or revision of the Subpart UNO(x) Trading Budget by USEPA. 

### Q.l A IInewll budget unit may reguest to pu[chase from the Agency a number of allowances that is not more than the number of allowances for which it is eligible, as determined In Section 217.464 of this Subpart, and subject to the provisions of this Section. 

### tl The account representative of a "new" budget unit under subsection (a) of this Section may purchase allowances from the new source set aside by SUbmitting to the Agency a request, In writing or in a format specified by the Agency, to be allocated allowances for the current control period from the new source set-aside. The allocation reguest for each applicable control period must be submitted after the date On which the Agency Issues a construction permit to the "new" budget unit and before February 1 of the control period for which the allocation Is requested. 

### fl The Agency will notify the account representative by March I of the applicable year of the number of allowances that are eligible for purchase for the "new" budget unit pursuant to the requirements of this Section. If the Agency does not receive payment by March 15 of the applicable year, the account representative will forfeit his/her eligibility to purchase the allowances offered. The Agency will make available for purchase those forfeited allowance. on a pro-rata basis
to "new" budget units requesting allocations pursuant to this Section, up to the number of allowances reguested by each account representative. Such additional allocations are subject to the purchase requirements of subsection (g) of this Section. 

### 91 The price of allowances from the new source set-aside shall be: 

### 11 For 2004 only, the price shall be the average price at which allowances were traded In 2003 In the Ozone Transport Regionl and 

### 11 For all years other than 2004, the average price at which NO[x] allowances were traded in tne interstate NO[x) Trading Program for the preceding control period. 

### hi The fees collected by the**Agenc~,from** the sale of allowances will be effective 

# -' 5914 to new budget units for future provisions of Section 217.468 of

Reg. Ill. 25 (Source:

Section 217.468 New Source Set-Asides for "New" Budget Units under Section 217.460 of this Subpart, subject to adjustment as provided In this Subpart. These allocations will be issued as provided in subsections (aJ and (b) of this Section, as follows: The Agency will allocate to each budget unit that Is listed In Appendix E of this Part the number of allowances listed in Column 5 of Appendix E of this Part for that budget unit for each 3-year period of the program. The Agency will report these allocations to USEPA by March 1 of 2004, and triennially thereafter. The Agency will allocate allowances from the new source**set~aslde** to "new" budget units as set forth In Section 217.468 of this Subpart. 

### fl The Agency will report allocations from the new source set-aside to USEPA by April 1 of each year for the following year. Ql To the extent that allowances remain In the new source set-aside after
any allocation pursuant to subsection (bl of this Section, the Agency shall allocate any such remaining allowances pro-rata to the owner or operator of the budget units listed In Appendix E of this Part to the
extent a whole allowance may be allocated to any such owner or operator. The Agency will make such allocation by April 15 of each year. If there are insufficient allowances to allocate a whole allowance to any such owner or operator of a budget unit listed In Appendix E of this Part, such allowances shall be retained by the Agency in the new source set-aside. Any such allowances retained In the new source set-aside shall be accumulated In the new source set-aside and may either:



### 11 Be available for allocation control periods, subject to the

### ILLINOIS REGISTER 593201 

### ILLINOIS REGISTER 593301



### POLLUTIONCONTROLBOARD POLLUTIONCONTROLBOARD

NOTICEOFADOPTEDAMENDMENTS NOTICEOFADOPTEDAMENDMENTS

distributedpro-rata tobudget units receiving allowances pursuant to Appendix Eof this Part on the basis of allocated allowances, subject to Agency administrative costs assessed pursuant to Section 9.9 

### of the Act.

2001, 2002 

### and 2003.



### 11 The number of ERCs that may be requested for any applicable control period shallbe an amount egual to the budget unit's heat input for such control period multiplied by the difference between the budget unit's NO(x] emission rate (meeting the reguirements of subsection (c) of this Section for the applicable control period) and the budget unit's actual NO(x] emission rate for such the applicable control peripd, divided by 2000 

### Ibs/ton, and rounded to the**neares~** 

### 11 Upon request of the account representative, the ERC allowance allocation for a particular budget unit may be deposited in the source's·overdraft account rather than in the budget unit's compliance account; and 

## 11 .The early reduction request must be submitted byNovember 1 for reductions made in the previous control period in a format specifiedby the Aqency. In the event that the May 31, 2004 

### date for implementing the NO(xl SIP Call is delayed, the early reduction request must be submitted in accordance with any rulemaking or guidance by USEPA on the distribution of the Compliance Supplement Pool under the NO(xl SIP Call, 63 

### Fed. Req. 57356 

### (October 27, 199B). 

### fl The Aqency will allocate ERCs to the budget units meetinq the requirements of subsections (a) through (c) of this Section and coveredbyERC requests meeting the requirements of subsection (d) of this Section in accordance with the following procedures:



### 11 The Agency shall allocate no more than 2,427 

### ERCs over three years, as follows: 

### Bl Not more than one-half of the total ERC allowances for reductions made in the control period in 2001; 

### Not less than one-half of the total ERC allowances for reductions made in the control period in 2002; 

### and 

### £1 Ifapproved by USEPA, any ERC allowances not allocated pursuant to subsection (f)(l)(A) or (B) of this Section, for reductions made in the control period in 2003. 

### 11 If the number of ERC allowances requested for a reduction achieved in any control period is less than or equal to the number of ERC allowances desiqnated for that control period in subsection (f)11) 

### of this Section, the Aqency will allocate one allowance for each accepted ERC request; and 

## 11 If the number of ERC allowances requested for a reduction achieved inany control period is greater than the number of ERC allowances designated for that control period in subsection 1illll-ofthis Section, the Agencywill allocate allowances for accepted reguests on a pro-rata basis. 

### 91 By April I, the Agency will notify the account representative submitting an ERC request for the subseguent control period of the number of ERC allowances that will be allocated to each budget unit for that control period. 

### hi By May I, 2004, 

### theAgencywill submit to USEPA the ERC allocations made by the Agency under this Section. USEPA will record such allocations to the extent that they are consistent with the reguirements of this Section. II 

### !l ERC allowances recorded under subsection (h) of this Section may be deducted under 40 CrR 96.54, as incorporated by reference in Section effective

budget unit basedon NO(x] unit in control periods

unit that meets the of this Sectionmay submit 

# 5914- Reg. 

### Ill. 25 

### at

to the Agency a request for ERCs for the emission rate reductions made by the budget (Source: Added 

### "rh I 

### lOU'

If a budget unit reduces its NO(x] emission rate as reguired by the applicable provisions of subsection (c) ofthis Section in the 2001 

### or 2002 

### control period, or if approved by USEPA the 2003 

### control period, for use in 2004 

### control period, or later control periods authorized by USEPA, the account representative may reguest early reduction credits (ERCs) for such reductions, and the Agency will allocate ERCs to the budget unit in accordance with the following: Each bUdget unit for which the account representative reguests any ERCs under subsection (d) of this Sectionmust monitor NO(x] emissions in accordance with 40

### CPR 96, 

### subpart H, as incorporatedby reference in Section 217.104 

### of this Part, starting with the control period prior to the control period for whichERCs will first be requested and for each control period for which ERCs will be reguested. For example, ifERCs are reguested for reductions made in the 2001 

### control period, the bUdget unit must have implemented the applicable monitoring for the 2000 

### control period. The budget unit's monitorinq system availability must be at least 90\ 

### during the control period prior to the control period in which the NO(xl emissions reduction is made and the budget unit must be in compliance with any applicable State or federal emissions or emissions-related reguirements. The NO(x] emission rate and heat input under subsections (cl through (el of this Section shall be determined in accordance with 40

### CrR 96, 

### subpart H. 

## £1 Eachbudget unit for which ERCs are requested under subsection (d) of this Section must have reduced its NO(x] emission rate for each control period for whichERCs are requested by 30\

### or more below the actual NO(x] emissions rate (lbs/mmbtu) for the first control period in whichERCs are requested. 

### Ql The account representative of a budqet requirements of subsections (a) through (c) Section 217.470 

### EarlyReductionCredits (KRCsl for BudgetUnits



# ---------------_

...



# __ 

# ... 

# _----'-,._

.. ,

### ......



# _ ... ,

### ....,.....


# __.-._

## ...ILLINOIS REGISTER

POLLUTIONCONTROL BOARD

NOTICEOFADOPTED AMENDMENTS 593401 ILLINOIS REGISTER

POLLUTIONCONTROL BOARD

NOTICEOFADOPTEDAMENDMENTS 593501

217.104 of this Part, for the control period in 2004 or such control periods as may be specified by USEPA.**Not~lthstandlng** 40 CFR 96.55(a), USEPA**~Ill** deduct as retired any ERe**allo~ances** that are not deducted for compliance In accordance**~ith** 40 CFR 96.54 for the control period in 2004 or such control periods as may be specified by USEPA. 

### 11 ERC**allo~ances** are treated as banked**allo~ances** In 2004 for the purposes of 40 CFR 96.55(a) and (bl.

Starting**~ith** the effective date of the permit referred to in Section 217.454(cl, the budget unit electing**lo~-emitter** status shall be subject only to the reguirements of this Section. For each control period the owner or operator elects low-emitter status, the federally enforceable permit conditions must: 

### 11 Restrict the unit to burning only natural gas, fuel oil, or natural gas and fuel oil; 

### 11 Limit the unit's potential NO(x] mass emissions for the control period to 25 tons or less; 

### 11 Restrict the unit's operating hours to the number calculated by dividing 25 tons ofoperating NO[x) mass emissions by the unit's maximum potential hourly NO(x] mass emissions; 

### 11 Require that the unit's**potentla~** mass emissions shall be calculated by using the monitoring provisions of 40 CFR 75, or If the unit does not rely on these monitoring provisions, as**follo~s** : Select the applicable default NO(x] emission rate: 0.7 Ibs/mmbtu for combustion turbines burning natural gas exclusively during the control perlodl 1.2 Ibs/mmbtu for combustion turbines burning any fuel oil during the control period; 1.5 Ibs/mmbtu for boilers burning natural gas exclusively during the control period; or 2 Ibs/mmbtu for boilers burning any fuel oil during the control period. Multiply the default NO(x] emission rate under subsection (a)(4)(A) of this Section by the unit's maximum rated hourly heat input**~hich** is the higher of the manufacturer's maximum rated hourly heat Input or the highest observed hourly heat input. The**o~ner** or operator of the unit may reguest In the permit application reguired by this subsection that the Agency use a**lo~er** value for the unit',smaximum rated hourly heat input. The Agency may approve such**lo~er** value if the**o~ner** or operator demonstrates that the maximum hourly heat input specified by the manufacturer or'the highest observed hourly heat input, or both, Are not representll.tive. The f Section 217.472 Low-Emitter Requirements (Source: Added at 

### Irk I "/ III')! 25 Ill. Reg. 

## 591 4.**-,~** effective owner or operator must demonstrate that such**lo~er** value is representatlYe of the unit's current capabilities because modifications have been made to the unit that permanently limit the unit's capacIty; I Regulre that for 5 years at the source that includes the unit, records demonstrating that the operating hours restriction, the fuel use restriction and the other requirements of the permit related to these restrictions were met; and 

### §l Reguire that the owner or operator of the unit report to the Agency for each control period the unit's hours of operation (treating any partial hour of operation as a**~hole** hour of operation), heat input and fuel use by type. This report shall be submitted by November 1 of each year the unit elects**lo~-emitter** status. The Agency will notify the USEPA In writing of each unit electing low-emitter status pursuant to the reguirements of subsection (a) of this Section and when any of the followinq occurs:



### 11 The permit**~ith** federally enforceable conditions that Includes the restrictions In subsection (a) of this Section is issued by the Agency; 

### 11 Such permit is revised to remove any such restriction; 

### 11 Such permit includes any such restriction that is no longer applicable; o£ 

### 11 The unit does not comply with any such restriction. 

### £! The unit shall become subject to the reguirements of this Subpart If, for any control period under this Section, the fuel use restriction or the operating hours restriction under subsection (a) of this Section is removed from the unit's permit or otherwise is no longer applicable, or the unit does not comply with the fuel use restriction

or the operating hours restriction under subsection (a) of this Section. Such unit shall be treated as commencing operation on September 30 of the control period for**~hich** the fuel use restriction

or the operating hours restriction Is no longer applicable or during**~hlch** the unit does not comply**~ith** the fuel use restriction or the operating hours restriction. 

### Ql The owner or operator of a unit to**~hlch** the Agency has ever allocated**allo~ances** under Appendix Eof,this Part may elect**lo~-emitter** status. In that case, the Agency**~ill** reduce the Subpart UNO(x] budget by the number of allowances egual to the amount of NO(x] emissions the unit is permitted to emit during the control period, pursuant to a federally enforceable condition in the unit's permit. The**o~ner** or operator of a unit electing**lo~-emitter** status may demonstrate that it holds sufficient allowances to cover the unit's NO(x] emissions by offsetting the emission from such unit, not to exceed its permitted emission limit as Included In Its federally enforceable permit,**~ith allo~ances**  Issued for voluntary NO(x] reductions meeting the reguirements of Subpart Xof this Part. The Agency**~ill** not reduce the Subpart U NO[x] budget by**'~he allo~ances**  issued for NO(x)

### ILLINOIS REGISTER 5936 ILLINOIS REGISTER 5937 01 01

POLLUTIONCONTROL BOARD POLLUTIONCONTROL BOARD

NOTICEOFADOPTEDAMENDMENTS NOTICEOFADOPTEDAMENDMENTS

Section 217.474 Opt-InUnits

effective 

# 5914 Reg. Ill. 

### 25 Agency will issue or deny a budget permit for an opt-in unit in accordance Section 217.458 of this Subpart and the following:

Requesting withdrawal: To withdraw from the NO[xl Trading Program, the account representative of an opt-in budget unit shall submit to the Agency a reguest towithdraw from the NO[x] Trading Program and to withdraw the budget permit effective as of a specified date between (and not including) September 30 and May 1. The submission shall be made no later than 90 days prior to the reguested effective date of withdrawal. 

## El Conditions for withdrawal: Before an opt-in budget unit may withdraw from the NOlx) Trading Program and the budget permit may be withdrawn under this Section, the following conditions must be met:



### 11 For the control period immediately before the withdrawal is to be effective, the account representative must submit to the Agency

an annual compliance certification report in accordance with 40 CFR 96.30. " 

### II If the opt-in budget unit has excess emissions for the control period immediately before the withdrawal is to be effective, (Source:**~dded** 

### at**'~t'l<** 

### I**~'**

### IUlJl 

## i1 The Agency,will determine, on an interimbasis, the sufficiency of the monitoring plan accompanying the initial application for a budget permit for an opt-in unit. A monitoring plan is sufficient, for purposes of interim review, if the plan contains information demonstrating that the NOlxl emission rate and heat input of the unit

are monitored and reported In accordance with 40 CFR 96, SUbpart H. A determinationof sufficiency shall not be construed as acceptance or approval of that unit's monitoring plan. 

## El If the Agency determines that the unit's monitoring plan Is sufficient under subsection la) of this Section and after completion of the monitoring systemcertificationunder 40 CFR 96, subpart H, the NO[x) emission rate and the heat input of the unit shall be monitored and reported In accordance with 40CFR 96, subpart H, 

### for one full control period during which the monitoring system availability is not less than 90\ and during which the unit Is in full compliance with any applicable State or federal emissions or emissions-related requirements.' 

### £1 Based On the Informationmonitored and reported under subsection (b) of this Section, the unit's baseline heat rate shall be calculated as the unit's total heat input (inmmbtu) for the control period, and the unit's baseline NOlxl emission rate shall be calculated as the unit's total NOlxl emissions (In Ibs) for the control period divided by the unit's baseline heat rate.

Section 217.478 Opt-In Budget Units: Withdrawal from the NOlx) Trading Program with The

effective effective Reg.

Reg. Ill.

Ill. 

### 25 reductions obtained in accordance with Subpart Xof this Part. 

## 5914==

(Source: Added at lYh I : 

### IIJI! Any operating fossil fuel-flreQ stationary boller, combustion turbine, combined 

### cycle system, cement kiln or stationary internal combustion engine in the State mayqualify under this Subpart to become anopt-in budget unli if it:



### 11 Is not a budget EGUunder Subpart Wof this Part; 

### II vents all of its emissions to a stack; 

### 11 Has documented heat Input for more than 876 hours in the six months immediatelypreceding the submissionof an application for

an initial budget permit under subsection (d) of this Section! 

### 11 Is not coveredby a retired unit exemption under 40 CFR 96.5; and 

### 21 Is not covered by the low-emitter exemption under Section 217.454(c) of this Subpart. Ql 

### Except as otherwise provided in this Subpart, ,an opt-in budget unit shall be treated as a budget unit for purposes of applying this Subpart and 40 CFR 96. 

### £1 Authorized Account Representative: 

### 11 If an opt-in unit is located at the same source as one or more budget units, It shall have the same account representative as those budget units. 

### II If the opt-in unit is not located at the same source as one or
more bUdget units, the owner or operator of the opt-Inunit shall submit a complete account certificate of representation under 40 CFR 96.13. 

### £1 To apply for,a budget permit, the account representative of a unit meeting the qualifications of subsection (al of this Sectionmust, except as provided under Section 217.478(f) of this Subpart, submit to the Agency:



### 11 Abudget permit application for the unit that: Meets the requirements under Section 217.458 of this Subpart; and Contains provisions for a change in the requlatory status of the unit to an opt-In budget unit under Section 217.454 of this Subpart pursuant to the provisions of Section 217.480(bl of this Subpart. 

### II A monitoring plan for the unit In accordance with 40 CFR 96, subpart H. (Source: Added at 25

__i\:cJt uR-'----'-lu

### :_2u.f1 w U-'--':----)



### Section 217.476 Opt-In Process



# ; ••

'''.''-- ''

.. "'ioli".',."".'1:.#iii"'iI*_'"ILLINOIS REGISTER

POLLUTIONCONTROLBOARD

NOTICEOFADOPTED AMENDMENTS 593801 ILLINOIS REGISTER

POLLUTIONCONTROL BOARD

NOTICEOFADOPTED AMENDMENTS 593901

Notification:· When an opt-in unit becomes an opt inbudget unit under Section 217.476 of this Subpart, the owner or operator shall notify the Agency and USEPA In writing of such change In the opt in unit's regulatory status within 30 days of such change. 

### Q1 Any permit application that provides for a change in the regulatory status of a unit to an opt in budget unit pursuant to Section 217.474(dlll)(B) of this Subpart and included in a budget permit, is effective on the date on which the opt-in unit becomes an opt in budget unit under Section 217.454 of this Subpart. 

## £1 USEPA's action. 

### II USEPA will deduct from the compliance account for the opt-in budget unit under this Section, or the overdraft account of the budget source where the opt-in budget unit is located, allowances egual in number to and allocated for the same or a prior control period as: Any allowances allocated to the budqet unit (as an opt-in unit) under Section 217.482 of this Subpart for any control period after the last control period during which the unit's budget permit was effective; and If the effective date of any budget permit under subsection (b) of this Section is during a control period, the allowances allocated to the opt-in budget unit (as an opt-in unit) under Section 217.482 of this Subpart for the control period multiplied by the ratio of the number of days in the control period, starting with the effective date of the budget permit under subsection (bl of this Section, divided by the total number ofdays in the control period. 

### 11 The account representative shall ensure that the compliance account of the opt-in budget unit under subsection lbl of this Section, or the overdraft account of the budget source where the opt-in budget unit is located, contains the allowances necessary for completionof the deduction under subsection lc)ll) of this Section. Ifthe compliance account or overdraft account does not contain sufficient allowances, USEPA will deduct the reguired number of allowances, regardless of the control period for which they were allocated, whenever allowances are recorded In either account. 

## 11 For every control period during which any budget permit under subsection (b) of this Section is effective, the opt-in budget unit under subsection (bl of this Section will be treated, solely for purposes of allowance aL\ocations under Section 217.466 or I Section 217.480 Opt-InUnits: Change inRegulatory Status USEPAhas deducted from the opt-in budget unit's compliance account, or the overdraft account of the NO(x) budget source where the opt-in budget unit Is located, the number of allowances regulred In accordance with 40 CFR 96.54{dl for the control period. 

## 11 After the requirements for withdrawal under subsectlons (b)(l) and (2) of this Section are met, USEPA will deduct from· the opt-In unit's compliance account, or the overdraft account of the budget source where the opt-in budget unit is located, allowances equal in·number to any allowances allocated to that unit under Section 217.782 oE this Subpart for the control period for which the withdrawal is to be effective and earlier control periods. USEPA will close the opt-in budget unit's compliance account and will establish, and transfer any remaining allowances to, a new general account for the owners and operators of the opt-in unit. The account representative for the opt-in budget unit shall become the account representative for the general account. 

## £1 An opt-in budget unit that withdraws from the Subpart UNO(x) Trading Program shall comply with all reguirements under the NO(x) Trading Programconcerning all years for which such opt-in budget unit was an opt-in budget unit, even if such requirements arise or must be complied with after the withdrawal takes effect. 

### Ql Notification: 

### II After the requirements for withdrawal under subsections (a) and (b) of this Section are met (including deduction of the full amount of allowances reguired), the Agency will revise the budget permit indicating a specified effective date for the withdrawal that is after the requirements in subsections (al and (bl of this Section have been met and that is prior to May I or after September 30. 

### 11 If tbe requirements for withdrawal under subsections (a) and (bl of this Section are not met, the Agency will issue a notification to the owner or operator and the account representative of the opt-inbudget unit that the opt-in unit's request to withdraw its budget permit is denied. If the opt-In budget unit's reguest to withdraw is denied, the opt-in budget unit shall remain subject to the requirements for an opt-in budget unit. Reapplication upon failure to meet conditions ofwithdrawal: If the Agency denies the opt-in budget unit's request to withdraw, the account representative of the opt-inbudget unit may submit another request to withdraw in accordance with subsections (al and (bl of this Section. 

### II Ability to return to the NO[x) Trading Program: Once an opt-in unit withdraws from the NO(x) Trading Program and its budget permit is withdrawn under this Section, the account representative may not submit another application for a budget permit under Section 217.474{d) of this Subpart for the unit prior to the date that is four years after the date onwhich the budget permit with**o~t-in** conditions, is withdrawn.

(Source: Added at 25

__J..lljur'I<LJ.I..J'tu.,Z:illiilLl..l 1 Ill. Reg. 

# 5914 effective

### ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICEOFADOPTEDAMENDMENTS 594001 ILLINOIS REGISTER

POLLUTIONCONTROL BOARD

NOTICEOFADOPTEDAMENDMENTS 594101

allQcate allowances to the opt-in budget unit and submit to USEPA the allocation for the control period in accordance with subsection (b) of this Section. 

### 11 By no later thanDecember ]1 after the first control period for which the budget permit is in effect and the December ]1 of each year thereafter, the Agency will allocate allowances to the opt in budget unit and submit to USEPA allocations for the next control period, in accordance with subsection (bl of this Section. Ql 

### For the first control period, and for each subsequentcontrol period for which the opt-in budget unit has a budget permit, the opt-in budqet unit will be allocated allowances in accordance with the following procedures:



### 11 The**he~t** 

### input (in mmbtu) used for calculating allowance allocations will be the lesser of: The opt-in unit's baseline heat input determined pursuant to Section 217.476(cl of this Subpart; or 

### JU The opt-in unit's heat input, for the control period in the year prior to the year of the first control period for which the allocations are being calculated, as determined ill accordance with 40 CFR 96, subpart H. 

### 11 The Agency will allocate allowances to the opt-in budget unit in

an amount equalinq the heat input (in mmbtu) determined under subsection Ib)(l) of this Section multiplied by the lesser of: The unit's baseline NO[x) emission rate (in Ibs(mmbtu) determined pursuant to Section 217.476(c) of this Subpart;

or 

### JU The lowest NO[x) emissions limitation (calculated in lbs(mmbtu) under State or federal law that is applicable to the budget opt-in unit for the year of the control period for which the allocations are being calculated, regardless of the averaging period to which the emissions limitation applif!s.

SUBPARTV: ELECTRIC POWERGENERATION 217.468 of this Subpart, as a unit that commenced operationon the effective date of the budget permit under subsection /b) of this Section and will be allocated allowances in accordance with Section 217.466 or 217.468 of this Subpart. 

## 11 Notwithstanding SUbsection (c)(2) of this Section, if the effective date of any budget permit under subsection (b) of this Section is during a control period, the following number of allowances will be allocated to the opt-in budget unit for the control period: the number of allowances otherwise allocated to the opt-in budget unit under Section 217.466 or 217.468 of this Subpart for the control period multiplied by the ratio of the number of days in the control period, starting with the effective date of the budget permit under subsection (b) of this Section, divided by the total number of days in the control period. 

### 21 When the owner or operator of an opt-in unit does not renew the budget permit for the opt-in budget unit issued pursuant to Section 217.474(dl, USEPAwill deduct from the opt-in budget unit's compliance account, or the overdraft account of the budget source where the opt-in budget unit is located, allowances egual in number to and allocated for the s?me or a prior control period as any allowances allocated to the opt-in budget unit under Section 217.482 of this Subpart for any control period after the last control period for which the budget permit is effective. The account representative shall

ensure that the opt-in budget unit's compliance account or the overdraft account of the budget source where the opt-in budget unit is located contains the allowances necessary for completion of such deduction. If the compliance account or overdraft account does not contain sufficient allowances, USEPAwill deduct the required number of allowances, regardless of the control period for which they were allocated, whenever allowances are recorded in eifher account. 

### tl After the deduction under subsection (dl of this Section is completed, USEPAwill close the opt-in unit's compliance account. If any allowances remain in the compliance account after completion of such deduction and any deduction under 40 CFR 96.54, USEPAwill close the opt-in unit's compliance account and will establish, and transfer any remaining allowances to, a new general account for the Owner or operator of the opt-in unit. The account representative for the opt-in unit shall become the account representative for the general account. 

### (Source: Added at 11**'"~** I; 

### Ifill' 25 Ill. 

### Reg. 

## l5tJ

## 14 effective

(Source: Added at 25 Ill. 

### Reg. 

## S91

## 4 effective 

### \I'R I •

## ;'81J1 )



### Section 217.482 Allowance Allocations toOpt-In BudgetUnits

Allowance allocations:



### 11 By the December ]1 immediately before the first for which the budget permit is effective, control period the Agency will Section 217.700 Purpose

The purpose of this Subpart is to control the emissions of nitrogen oxides from electrical generating units (EGUs) during the ozone control period (for purposes of Subpart V, the ozone control period is May 1 through September ]0 of each year, beginning in 200]), by limiting the emissions of NO(x) from EGUs to no more than 0.25 Ibs(mmbtu ottactual heat input during each Ozone control period

..

## --------~--------------_._--~,-------_-.._--------ILLINOIS REGISTER 5942 ILLINOIS REGISTER 5943 01 01

POLLUTIONCONTROL BOARD POLLUTIONCONTROL BOARD

NOTICE OFADOPTED AMENDMENTS NOTICE OFADOPTED AMENDMENTS

(Source: Added**~t** 

### ll'l' •/'1'1' 25 Ill. Reg. 

## 5'91 4 effective (Source: Added at 25

___**l",,-~.:.;R-,-i**_i_I..;..O..;..IP ) Ill. Reg. 

# .591

# 4 etfective

Section 217.702 Severability Section 217.708 NO(x] Averaging

It any section, subsection or clause

### ot this Subpart is tound invalid, such tinding shall not attect the validity of this Subpart as a whole or any Section, subsection or clause not found invalid.

average emission rate in Ib/mmbtu ot all EGUs in averaging demonstration 

### n 3 (HI[i] XER[i] )**i~l**

heat input for the ozone control period of EGU i, in mmbtu, as specified in the NO(xl averaging demonstration ERavg INotwithstanding Section 217.706(a) 

### ot this Subpart, the owners or operators ot EGUs listed in AppendiX Fot this Part and the owner or operator of Soyland Power may elect to demonstrate compliance with this Subpart by averaging for the ozone control period the NO(x] emission rates of any EGU listed in Appendix F or with any EGU at Soyland Power's Alsey Illinois facility that commenced commercial operation on or before January 1, 2000. The average NO[x) emission rate for all EGUs being averaged pursuant to this Section must not exceed 0.25 Ibs/mmbtu and Shall be determined

as follows:

eftective effective Reg.

Reg. Ill.

Ill. 25 (Source: Added at 25 ---'*f\P'JIH'-t-1_-

### -+/

... 1

.....

'· )

Section 217.704 Applicability

The tollowing tossil fuel-fired stationary boilers, combustion turbines or combined cycle systems are electrical generating units (EGUs) and shall be subject to this SUbpart on and atter May 1, 2003: Any unit serving a generator that has a nameplate capacity greater than 25 MWe and produces electricity tor sale, excluding those units listed in Appendix Dof this Part and any new unit at a source listed in Appendix D

### ot this Part. 

### £1 Any unit with a maximumdesign heat input that is greater than 250 mmbtu/hr that commences operationon or atter January 1, 1999, serving at any time a generator that has a**~ameplate** capacity of 25 MWe or less and has the potential to use more than 50\ of the potential electrical output capacity of the unit. Fifty percent of a unit's potential electrical output capacity shall be determined by multiplying the unit's maximumdesign heat input by 0.0488 MWe/mmbtu. It the size of the generator is greater than this calculated number, the unit is an EGU SUbject to the prOVisions of this Subpart. 

# 5914::::

On or after May 1, 2003, no owner or operator subject to this Subpart shall cause or allow the emissions of NO[xl into the atmosphere trom any EGU to exceed 0.25 Ibs/mmbtu of actual heat input during each

ozone control period, based on a ozone control period average, for that unit. 

### £1 Notwithstanding the emission limitation in subsection (a) 

### ot this Section, any EGU subject to a mOre stringent NO[x) emIssion limitation pursuant to any State or federal statute, including the Act, the Clean Air Act, or any regulations promulgated thereunder, Shall comply with both the reguirements ot this Subpart and that more stringent emission limitation. enforceable permit conditions for such EGU. Averaging under this Subpart must be authorized through federally**~A~n~E~G~U~m~a~y~b~e~i~n~c~l~u~d~e~d~~i~n** __**~o~n~l~YL-_o~n~e~~N~O~[x~]** averaging demonstration during an ozone control period. Compliance by averaging for each ozone control period must be demonstrated by November 30 following each ozone control period. If averaging is used to demonstrate compliance with this Subpart, the effect 

### ot a tailure to demonstrate such compliance shall be that the compliance status ot each EGU sh§ll be determined pursuant to Section i, in NO[x] EGU the

number of EGUs that are averaging averaging demonstration actual NO[x) emission rate of Ibs/mmbtu, as specified in



### n

II EmissionLi.itations Section 217.706ILLINOIS REGISTER 5944 ILLINOIS REGISTER 5945 01 01

POLLUTIONCONTROL BOARD POLLUTIONCONTROLBOARD

NOTICEOFADOPTED AMENDMENTS NOTICEOFADOPTED AMENDMENTS

"I certify under penalty of law that this report and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that gualified**~rsonnel** properly gather and evaluate the information submitted. Based onmy inguiry of the person or persons directly responsible for gathering the information, the information is, to the best of my knowledge and belief afterdue inguiry, true, accurate, and complete. I amaware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." §.lgnature Name Official Title Telephone No. Date Signed


### Ql If demonstrating compliance through Section 217.706(a) of this Subpart, by November 30 of each year beginning in 2003, submit to the Agency a report that demonstrates each EGU has not exceeded a NO[x) emission rate of 0.25 Ibs/mmbtu during the ozone control period. If demonstrating compliance through Section 217.708 of this Subpart, by November 30 of each year beginning in 2003, submit to the Agencya

report that demonstrates the following: 

### 11 For all EGUs participating In the averaging demonstration, the averaged ozone control period NO[x] emission rate pursuant to the eguation In Section 217.708(b) of this Subpart; 

### II The average ozone control period NO[x} emission rate of each EGU participating In the averaging demonstration; and 

### 11 The Information reguired to de,t,ermlne the averaged NO[x} emission rate pursuant to Section 217.708(b) of this Subpart. 

### f1 Reep and maintain, for 5 years, all records and data necessary to demonstrate compliance with the regulrements of this Subpart, and upon 

### Q1 Notwithstanding subsection (a), the owner or operator of a combustion**~urbine** for which heat input and NO[x) emissions are determined pursuant to Section 217.710(c) of this Subpart shall comply with the following recordkeeping and reporting reguirements:



### 11 Maintain records of the heat input and NO[x} emissions of the turbine as determined in accordance with Section 217.710(cl of this Subpart, and records ofmetered fuel use or operating hours used to determine heat input; and 

### II Annually report the heat input and NO[x] emiSSions of the turbine

as determined in accordance with Section 217.710(c) of this Subpart, for each ozone control period, by November 30 of each


## £1 Submit, with the report reguired under subsection (bl of this Section, the following certification statement, to be signed by a responsible official:

Subpart effective effective

this of 

## 5914-,_

591

## 4:-'
,

reguirements Reg. Reg.

Ill. Ill. 25 at

of an EGU subject to the 0.7 1bs/mmbtu

- Natural**g~s** 1.2 Ibs/mmbtu

- Fuel oil

Added 

### ,,-t 25**I~tjl\** If"'ull



### __________l (Source: The owner or operator ofan EGU subject to this Subpart shall install, calibrate, maintain and operate continuous emissions monitoring systems (CEMS) for NO[X] that meet the reguirements of 40 CFR 75, subpart B. 

### Q1 Notwithstanding subsection (a), the owner or operator of a gas-fired peaking unit or oil-fired peaking unit as defined in 40 CFR 72.2 may determine NO[x) emissions in accordance with the emissions estimation protocol of 40 CFR 75, subpart E. 

## £1 Notwithstanding subsection (a), the owner or operator of a combustion turbine that operates less than 350 hour per ozone control period may determine the heat input and**NO~** emissions of the turbine as follows:



### 11 Heat input shall be determined from the metered fuel usage to the turbine or the calculated heat input determined as the product of the turbine's maximum hourly heat input and hours of operation as recorded by operating instrumentation on the turbine; 

### II emissions shall be determined as the product of the heat input, as determined above, and the appropriate default NO[x] emission factors below:

Comply with the recordkeeping and reporting reguirements of 40 CFR 75 applicable to NO!x] emissions during the ozone control period, including, but not limited to, 40 CFR 75.54(b) and (d), Incorporated by reference In Section 217.104 of this Part. 217.706(a) as if the NO[x) emission rates of such EGUs were not averaged. 

### 91 The owner or operator of any EGU that elects to participate in an averaging demonstration to**demonst~ate** compliance with this Subpart cannot average with any other EGU for which the owner or operator of such EGU does not maintain the reguired records, data, and reports, or does not submit copies of such records, data, or reports to the Agency
upon request.
(Source: Added

The owner or operator Section 217.712 Reporting and Recordkeeping Section 217.710 Monitoring



# --_._--_._,_
..



# __ .. 

# _---_

....

# _._.-

# _._---_.---------------------ILLINOIS REGISTER 5946 ILLINOIS REGISTER 5947 01 01

POLLUTION CONTROL BOARD POLLUTION CONTROL BOARD

NOTICE OFADOPTED AMENDMENTS NOTICEOFADOPTED AMENDMENTS

The purpose of this Subpart is to implement Section 9.9(d)(3) of the Act by providinq a method by which additional NO[X) allowances may be generated for

use by emission units subject to the requirements of Subparts Uor 

### W of this request make such records and data available to Agency and USEPA representatives for inspection and copying during working hours. 

### 91 Submit copies of any records and data required by this Section to the Agency within 30 days after receipt of a written request by the 

### 11 Submit a NO[x) emission reduction proposal that meets the requirements of Section 217.835 of this Subpart; 

### Ll Reguest an emission cap on NOlx) emissions from all NO[x] emission units at the emission reduction source that are not otherwise sub1ect to S4bparts Uor Wof this Part, and that are the same type of emission unit as the emission reduction unit (e.g., if the emission reduction unit is a boiler, combined cycle systemor turbine, then the emission cap must include all boilers, combined cycle systems or turbines 'hat are not otherwise subject to Subparts Uor Wof this Part, or if the emission unit is a cement kiln, then the emission cap must include all cement kilns), provided, however, the owner or operator of the source may submit a demonstration in accordance with Section 217.835 of this SUbpart that any like-kind emission unit or units should not be included in the NOlx) emission capi 

### 11 Demonstrate how the NOlx) emission cap reguired by subsection (al(2) of this Section is to be determined, in accordance with Sections 217.820 and 217.845 of this Subpart, which cap reflects the NOlxl emission reduction specified in the proposal; 

### !l Permit requirements: Obtain a permit, or an amendment to an existing permit, for the source, with federally enforceable conditions containing the commitments in the NO[X] emission reduction proposal and the emissions cap by the later ofMay 1, 2003, or the date

on which the reduction in NO[x) emissions will commence and operate the source in compliance with such permit; or For each emission unit that will be generating voluntary emissions by ceasing operation, withdrawing the applicable permit, or requesting a revision to the permit to reflect the shut down of the emission reduction unit, by the later of May 1, 2003, or the date specified in the NOlx) reduction proposal. 

### 11 Submit an emissions baseline determination for each unit subject to the NOlxl emission cap in accordance with the requirements of Section 217.820 of this Subpart. Monitoring requirements: To the extent applicable, each emission reduction unit at the source shall comply with the mOnitoring requirements of Section 217.850 of this Subpart. The emissions measurements recorded and reported in accordance with Sections 217.850 and 217.855 of this Subpart shall be used to determine compliance by the emission reduction unit with the emissions limitation set forth in the NO[x) emission reduction proposal and the federally enforceable permit conditions required pursuant to subsection (a)(4) of this Section. The emissions measurements recorded and reported in accordance with**Sectio~§** 217.850 and 217.855 of this Subpart effective effective effective 

## 5914**~-** 

## ,

Reg. Reg.

Reg. 

### Ill. Ill.

Ill. 25 (Source:

l'<.dded'illl,ilt -.\IJK J I
, . SUBPART X: VOLUNTARY NO[xl EMISSIONS REDUCTION PROGRAM

(Source:**,,\d~e~~** il:iJ,at 25 

### ----------) (Source: Added at 25**_-,-_...:l'-Lt-,-h'--.JI_-,I"I!L:.~L:.I** ! )

Section 217.810 ParticipationRequirements Section 217.805 Emission Unit Eligibility

Any owner or operator of a source (emission reduction source) with one
or more emission units meeting the requirements of Section 217.805 of this Subpart and seeklnq to make quantifiable, verifiable and federally enforceable voluntary reductions ofNO[x] emissions during the control period from one or more emission units (emission reduction units) must comply with the following requirements: Any owner or operator of a stationary source may submit a proposal, as provided in Section 217.835 of this Subpart, for voluntarily reducing NO[x] emissions during the control period, if each emission unit from which NO[xl reductions at the source will be obtained meets the following criteria: Discharges through a stackl 

### £1 Is fossil fuel-fired; 

### £1 Is not subject to the requirements of Subpart T, U, Vor

### Wof this Part; Ql Is not a retired unit pursuant to 40 CFR 96.5; Has not elected to become an opt-in unit pursuant to Section 217.754

or Section 217.774 of this Part; and 

### fl Is not a stationary internal combustion engine that emits more than

one ton ofNO[X] per day during the ozone control period. Part. [415 ILCS 5/9.9(d)(3)] Section 217.800 PurposeILLINOIS REGISTER 5948 ILLINOIS REGISTER 5949 01 01

POLLUTIONCONTROL BOARD POLLUTION CONTROL BOARD

NOTICEOFADOPTED AMENDMENTS NOTICEOFADOPTEDAMENDMENTS

shall be used to determine compliance by the emission reduction source with the emissions cap set forth in the NOlx] emission reduction proposal and the federally enforceable permit condition required pursuant to Section 217.850(a)(4) of this Subpart. 

### 21 The owner or operator of the emission reduction source is required to submit an annual certification to the Aqency that the source has complied with the cap on NOlx] emissions for the source and that the emission reductions specified in the approved proposal were made pursuant to the requirements of Section 217.850 of this Subpart.

emission reductions may be recognized under this Subpart if they

are quantifiable, verifiable, and federally enforceable, and meet one
or more of the following criteria:



### 11 Due to the use of any NO[x] emission reduction technology (e.g., combustion or post combustion control technology or fuel switching) at the emission reductionunit pursuant to federally enforceable conditions in the permit for the unit addressinq such control technology or fuel switching, NOlx] emissions from the emission reduction unit for any control period beginning in 2003

are or will be lower than such unit's actual emissions in the 1995 control period. The amount of actual NOlxl emission reductions shall be determined in accordance with Section 217.820 of thJs Subpart, and the amount ofcreditable NO(x) emission reductions shall be determined in accordance with Section 217.825 of this Subpart; 

### 11 The emission reduction unit is permanently shut down after January 1, 1995, and the owner or operator requests a revision to the relevant operating permit to reflect the shut down of the emission reduction unit. The amount of actual Nolxl emission reductions shall be determined in accordance with Section 217.820 of this Subpart, and the amount of creditable NOlx] emission reductions shall be determined in accordance with Section 217.825 of this Subpart; 

### 11 During any control period beginning in 2003, the emission reduction unit's control period**NO~** emission rate or hours of operation is reduced pursuant to federally enforceable conditions in a permit for suchunit, resultinq In an actual reduction in emissions from such unit's actual 1995 control period NOlxl emissions. The amount of actual NOlx] emission reductions shall be determined in accordance with Section 217.820 of this Subpart, ' and the amount of creditable NO[x) emission reductions shall**b~** NOlx) Emission Reductions and the SubpartXNOlx) Trading determined in accordance with Section 217.825 of this Subpart. 

### J21 USEPA shall adjust the State's trading portion of the statewide NO(x] budqet, as established in the so-called NOlx] SIP Call, 63 Fed. Reg. 57356 (October 27, 1998), and create allowances for the creditable portion, as set forth in Section 217.825 of this Subpart, of verifiable, quantifiable, and federally enforceable NOlx) emission reductions meeting the requirements of this Subpart (the Subpart X Nolx] Tradinq Budget), and allowances from the Subpart XNOlx) Trading Budget shall be allocated to recipient emission units in accordance with this Subpart. 

### £1 The Agency shall submit an allocation to USEPA for the creditable portion of**verifi~ble,** quantifiable, and federally enforceable NO[x] emission reductions meeting the requirements of this Subpart, which allocation may be used for the purposes of demonstrating compliance with the requirements ofSubparts UandWof this Part. 

### Q1 IfUSEPA adjusts or fails to adjust the Subpart X NO(x) Trading Budqet as to any individual emission reduction unit, the Subpart X Tradlnq Budqet shall not be adjust pro-rata, and only the allowance allocation for that emission reduction unit will be adjusted.

effective 

## 5914.- Reg. 

### Ill. 25 (Source: Added at 

### 'l'f' I 'j Ilji!!

An emission unit's emissions baseline shall be determined as follows:



### 11 By mUltiplying the unit's actual emissions during the 1995 calendar year, as reported in the annual emission report submitted in accordance with 35 Ill. Adm. Code 254, by 5/12ths; Q!. 

### 11 If the NOlx] emissions from the unit were not included In the emission reduction source's 1995 annual emissions report submitted to the Agency pursuant to 35 

### Ill. Adm. Code 254, by determining the base case amount included for such unit in the NOlx] SIPCall inventory, as specified in the "Technical Support Document for Illinois' Statewide NO[x) Budqet" (63 Fed. Reg. 17349 (Nov. 7, 1997). 

### 21 If the-l!.QWbaseline emissions for the 1995 control period cannot be determined by either of the methods listed in subsection (a)(1) or (21 of this Section, such actual NOlx) baseline emissions shall be determined based on the averaqe emission rate mUltiplied by the average number of hours ofoperation from two of the three control periods, as selected by the emission reduction source, prior to the year the**~mission** reductioolproposal is effective. The unit's emission rate and hours ofoperation will be determined based on the unit's reported Nolxl emission rate and hours of operation in the most recent annual emission reports for such unit submitted In accordance Section 217.820 Baseline Emissions Determination effective 

## S914 Reg. 

### Ill. 25 at**Ar~** I I lUi, (Source: Added

Section 217.815



# -------

# --------------,-_

..

# _--,._._._-----_.-ILLINOIS REGISTER 595001 ILLINOIS REGISTER 595101

POLLUTIONCONTROL BOARD POLLUTIONCONTROL BOARD

NOTICEOFADOPTED AMENDMENTS NOTICEOFADOPTED AMENDMENTS

For actual NO/x) emission reductions achieved pursuant to Section 217.615(a) of this Subpart, the gross amount of control period actual NO[x)' emission reductions shall be determined pursuant to Section 217.620 of this Subpart. Eighty percent of the actual No[xl emission reductions achieved pursuant to Section 217.615(a) shall be creditable. Twenty percent of the actual NO[xl emission reductions shall be retired for the benefit of air quality.

Each NO/X) allowance issued for NO[x) emission reductions meeting the reguirements of this Subpart is a limited authorization to emit one ton of NO[x) in accordance with the federa'l NO[x) Trading Programas set forth in Subpart UorWof this Part, as applicable. No provision of the federal NO[x) Trading Program, the emission reduction proposal, the permit application, the permit, or of law shall be construed to limit the authority of the United States or the State to terminate or limit such authorization. 

### £1 Any NO[x) allowance issued in accordance with this Subpart does not constitute a property right.

emission reduction proposal shall include the following: 

## 11 Information identifying each emission unit at the source that emits NO[x), whether the unit is subject to Subpart T, U, V, Wor Xof this Part, and the baseline emissions for each emission unit subject to the NO[x) emission cap as determined in accordance with Section 217.620 of this Subpart; 

### 11 Information identifying each emission reductionunit from which the NO/X) emission reductions have been or will be aChieved! 

## 11 An explanation of the method used to achieve the NO[x) emission reductions; 

### !l' The amount of the NO(x) emission reductions, including supporting calculations and documentation, such as fuel usage information; 

### il The emission units subject to the NO[x) emission cap tn accordance with Section 217.610(a) of this Subpart, and if all like-kind or same-type emission units are not proposed to be includedwithin the NO[xl emission cap, an explanation of how the

owner or operator of the emission reduction source will ensure that production shifting will not occur, such that the emission reduction source will achieve real, verifiable, and quantifiable NO[x) emission reductions; §l The control period NO[x) emission cap to be achieved by the emission reduction source, including both the baseline emissions for each recipient unit subject to the NO[x) emission cap and the emission reductions from the emission reduction units included in the proposal; 

### 11 The name and address of the owner or operator of each emission unit to which the NO[x) allowances will be allocated, the SUbpart of this Part (i.e, Subpart Uor W) to which each unit is subject, including the name, telephone number, and account number of the account representative for each such unit; and Certification by the owner or operator of each unit that is the subject of each proposed emission reduction proposal of his/her acceptance of the terms of the proposal and certification that the emission reductions specified in the proposal have been or will be achieved. 

### £1 The owner or operator of a source submitting an emission reduction proposal must notify the Agency In writing within 30 days of any event

or circumstance that makes the NO/x) emission reduction proposal incorrect or incomplete. 

### £! The owner or operator of a source with an approved emission reduction proposal may request to withdraw its emission reduction proposal, and

cease to create NO[x) allowances under this Subpart, as follows:



## 11 Requesting withdrawal: To withdraw from participation under this Subpart, the owner or operator of an emission reduction unit shall submit to the Agency a written request to withdraw from participation and to withdraw or revisethe applicable permit effective as ofa specified date between (and not inclUding) September 30 and May 1. The submission shall be made no later than 90 days prior to the requested effective date of withdrawal. 

### 11 Conditions for withdrawal: Before an emission reduction source may withdraw its approved emission reduction proposal, and the federally enforceable permit may be withdrawn under this Section, the owner or operator must submit to the Agency an annual compliance certification report in accordance with Section 217.655 of this Subpart for the control period immediately before the withdrawal is to be effective. 

## 11 An emission reduction source that withdraws from this SUbpart shall comply with all reauirements under its approved emission reduction proposal and federally enforceable permit conditions addressing such proposal concerning all years for which the emission reduction source was in the program, even if such effective effective effective 

## fi

# a14

Reg. Reg.

Reg.

Ill. Ill.

Ill. 25 with 35 Ill. Adm. Code 254.

(Source: Added at 25



### ___**--',:u.,~·II-L-.J......lu.II"'I;.:cl** 

### __**~l** (Source: Added at



### .fJi I -**I~'!)** (Source: Added at 25

__**...:'\...:~';.:.i·-"-,** _'

### -,).:cI.l::..U1...:, )

Section 217.635 NO[xl EmissionReduction prOposal Section 217.630 Limitations onNO[xl EmissionReductions Section 217.625 CalculationofCreditable NO/x) EmissionReductions

### ILLINOIS REGISTER 5952 

### ILLINOIS REGISTER 5953 01 01



### POLLUTIONCONTROL BOARD POLLUTIONCONTROL BOARD

NOTICEOFADOPTEDAMENDMENTS NOTICEOFADOPTEDAMENDMENTS

The Agency shall notify the owner or operator submitting aNO[x) emission reduction proposal in writing of its decision with respect to the proposal within 90 

### days after receipt of such proposal and, if applicable, of NO[x) emissions data to verify that the specified reductions have occurred. The owner or operator of the emission reduction source may extend the deadline for Agency action inwriting. If the Agency disapproves or conditionally approves a proposal, this written notice shall include a statement of the specific reasons for the disapproval or conditional approval of the proposal. The following shall be considered a final Agency action for the purposes of appeal: if the Agency fails to take action within such 90 

### day period, subject to any extension, or if the Agency disapproves a proposal. If the Agency conditionally approves a proposal, the owner
or operator of the emission reduction source has 30 days to submit a modified proposal addressing the specific items listed by

### the Agency. If the owner and operator of the emission reduction source does not reguirements arise or must be complied with after the withdrawal takes effect. 

### 11 Notification: After the requirements for withdrawal under subsections (al and (b) of this Section are met, the Agency will revise the permit indicating a specified effective date for the withdrawal that is after the requirements in subsections (al and (b) of this Sectionhave been met and that is prior to May 1 

### or after September 30. 

### !ll If the reguirements for withdrawal under subsections (al and (b) of this Section are not met, the Agency will issue a notification to the owner or operator of the emission reduction source that the request to withdraw its permit is denied. If the reguest to withdraw is denied, the source shall remain subject to the requirements of its approved emission reduction proposal and federally enforceable permit conditions addressing the proposal and the requirements of this Subpart. 

### il Reapplicationupon failure to meet conditions ofwithdrawal: If the Agency denies the reguest of the owner or operator of the emission reduction source's request to withdraw, the owner Or operator of the source may submit another request to withdraw in accordance with subsections (a) and (b) of this Section. Upon successful withdrawal from the proqram, the emission reduction source shall no longer be subject to the provisions of this Subpart.

Section 217.840 AgencyAction

effective Reg.



# ., Ill. 25 (Source, Added at 

### It'K I -

## luo; submit a modified emission reduction proposal within such 30 day period, the conditional approval shall be deemed to be a disapproval, and shall be deemed to be a final action for purposes of appeal. 

### £1 The NO[x) emissions reduction proposal will not be effective until: 

## 11 After the owner or operator of the emission reduction source has obtained or modified a permit with federally enforceable conditions addressing the requirements of this Subpart; or If NO[x) emission reductions are being obtained by the shut down of an emission reduction unit, the owner or operator of the emission reduction unit has either:

. Obtained or modified a permit with federally enforceable conditions addressing the requirements of the this Subpart; Q£ 

### !ll Withdrawn the applicable permit and the Agency has: 

## 11 Provided USEPAwith a copyof the proposal and notice of the Agency's proposed of the emission reduction proposal, and USEPA has not disapproved such proposal; 

## !1l Published notice and offered an opportunity to comment, pursuant to 35 

### Ill. Adm. Code 252, 

### on such permit withdrawal, its proposed approval of the emission reduction proposal for the shut down of the emission reduction unit and the creditable NO[x] emission reductions that will be createdby the shut down

.

. If the Agency approves the proposal, and subject to the provisions of subsection [b) ofthis Section, the Agency shall submit an allocation to USEPA for the creditable reductions created pursuant to the requirements of this Subpart subject to the following:



## 11 Any allowances generatedpursuant to this SUbpart shall be issued to the recipient emission unit identified in the proposal, for each control period inwhich the NO[x) emissions reductions are verified, and the requirements of this Subpart continue to be metl The owner or operator of the emission reduction source has, by November 1 

### following the control period that the emission reduction unit has reduced NO[x) emissions, verified the NO[x] emission reductions in accordance with Section 217.845 

### of this Subpart, and**obtaine~** 

### a permit containing federally enforceable conditions addressing the reguirements of this Subpart; 

### II The allowances shall be issued by May 1 

### after the control period in which the reduction has occurred, for use in any future control period.

Section 217.845 Emissions DeterminationMethods effective 

# 914

_ Reg. Ill. 25 

### Added at 

## '\**~R** 

### I",

## Zudl (Source:



# lI&.h.·'.'I

.. .....

_______ ._d'

__..... ..,. .,**~_** ..._,_**-_.-_._._~.**ILLINOIS REGISTER 5954 ILLINOIS REGISTER 5955 01 01

POLLUTIONCONTROLBOARD POLLUTIONCONTROL BOARD

NOTICEOFADOPTED AMENDMENTS NOTICEOFADOPTED AMENDMENTS

control period in which NO[xl emission

owner or operator of an emission The owner or operator of an emission reduction source shall install, calibrate, maintain, and cperate during the control,period on each !iQ.1..!.lemission unit at the source subject to the NO[x'] emission cap a continuous emission monitoring system (CEMS), or an alternative approved by the Agency and included in a federally enforceable permit condition, for measuring NO[x) emissions to the atmosphere. 

### £1 The CEMS shall be operated and data recorded during all periods of**~ratlon** of the emission unit at the source during the control period, except for periods ofCEMS breakdowns and repairs as provided in subsection Ie) of this Section. 

### £l CEMS guality assurance data must be recorded during calibration checks and zero and span adjustments. Ql The I-hour average NO[xl emissions measured by the CEMS [hall be: 

## 11 Expressed in lbs/hr or In lbs/mmbtu and heat input; 

### 11 Calculated using the data points reguired under 40 CFR 60.13, as incorporated by reference in Section 217.104 of this Subpart; and 

## 11 Calculated using at least two data points separated by a minimum of 15 minutes (where the unit operates for more than one guarter of an hour) if data are unavailable as a result of the performance of calibration, quality assurance, or preventive maintenance activities. The procedures under 40 CFR 60.13, as incorporated by reference In Section 217.104 of this Subpart, shall be followed for Installation, evaluation, and operation of each CEMS. 

### !.l For monitoring systems measuring NO(xl in Ibs/hr, if NO[x] emission data are not obtained because ofCEMS breakdown, repairs, calibration checks, or zero and span adjustments, NO(x) emission data shall be obtained by using the data substitution procedures contained in 40 CFR 7S, SUbpart D, incorporated by reference in Section 217.104 of this 

### hf.L. 91 For monitoring systems measuring NO[x) In Ibs/mmbtu, If No[xl emission data are not obtained because ofCEMS breakdown, repairs, calibration checks, or zero and span adjustments, NO[x) emission**~ata** shall be obtained by using the rolling hourly average of emission data recorded for the previous 30 day period ofoperation if the data capture for such period Is 95\ or greater and the period ofmissing data is equal to or less than 24 consecutive hours. If the data capture for such previous 30 day period is less than 95\ or the period ofmissing data is greater than 24 consecutive hours, the data shall be obtained by using the highest hourly average recorded during the previous 30 days of operation. " this Part.

effective Reg. Ill.

Emissions Monitoring Added at 25

____ ',.\'..>:'t'-L 1_"')ljjJliI'"-1 ) (Source:

I Section 217.850

reduction 60urce must:



### 11 Submit a compliance certification, including supporting data, that the NO[x] emission cap, as specified in its approved NO(x) emission reduction proposal, has not been exceeded; and Monitor and report the NO[x) emissions during each control period from all NO[x) emission units at the sourCe subject to the NO[xl emission cap in accordance with Sections 217.850 and 217.855 of this Subpart. The owner or operator of an emission reduction source shall, 120 days prior to the date that the emission reduction source will commence emission reductions in compliance with an approved emissions reduction proposal, submit to the Agency a performance evaluation for each CEMS using the applicable performance specifications in 40 CFR 60, Appendix B, as incorporated by reference in Section 217.104 of' The owner or operator of an emission reduction source must demonstrate that it has obtaIned the NO[x] emission reductions, and has not exceeded its NO(x] emission cap, as specified in its approved NO[x] emission reduction proposal,

as follows: If the NO[x] emission reductIons are generated pursuant to Section 217.815(a)(1) of this Subpart, the NO[x] emission rate for each emission reduction unit shall be determined as follows:



### 11 Through the use of continuous emissions monitoring in accordance with Section 217.850 of this Subpart; or Through the use ofany test methods and procedures provided in 40 CFR 60 and approved by the Agency, or any other method approved by the Agency when included as federally enforceable conditions in a permit issued or revised pursuant to this Subpart. 

### £1 If the NO[x] emission reductions are generated pursuant to Section 217.815(a)(3) of this SUbpart, submit an initial compliance demonstration plan to the Agency 120 days prior to the control period date that the emission reduction unit will commence NO[x] emission reductions in compliance with an approved emissions reduction proposal. Such demonstration shall be based On the actual NO[x] emission rate measured in accordance with Section 217.850 of this Subpart. 

### £l If the emission reduction unit's compliance with the NO[x) emission reduction proposal is determined in accordance with subsection (a)(21 of this Section, conducting an initial test 90 days prior to the date the specified emission reductions will be obtained, or within 45 days of the Agency's reguest fpr NO[xl emission reductions already obtained, and notifying the Agency in writing of any test performed to comply with the reguirements of this Subpart at least 30 days prior to the test. The Agency may at any time reguire annual control period testing of any emission unit at the NO[x] emission reduction source, and may reguire such testing as part of its approval of a NO[x)**emis~ion** reduction proposal. 

### Ql By November 1 following each reductions are generated, the

### ILLINOIS REGISTER 595601 

### ILLINOIS REGISTER 595701



### POLLUTIONCONTROL BOARD POLLUTIONCONTROL BOARD

NOTICEOFADOPTEDAMENDMENTS NOTICEOFADOPTEDAMENDMENTS


### hl The CEMS shall be subject to the quality assurance procedures and requirements of 40 

### CFR 60, 

### Appendix F, incorporated by reference in Section 217.104 

### of this Part.

By November 1 

### ofeach year beginning in 200), 

### or the year of the first control period for whichNO(xl emission reductions were generated in accordance with this Subpart, an owner or operator ofan emission eeduction source must, as a seasonal component of the annual emission eeport for the source pursuant to )5 

### Ill. Adm. Code 254, 

### report to the Agency the total control period NO[x] emissions of each NO(x] emission unit at the source subject to the NO[x] emission cap. Ql 

### Within )0 

### days after receipt of such data or evaluation, the owner or operator of each emission reduction source shall submit to the Agency the performance test data feom the initial performance test for each emission reduction unit and the peeformance evaluation for each CEMS using the applicable peeformance specifications in 40 

### CFR 60, 

### Appendix B, as incorporated by reference in Section 217.104 

### of this Part.

The owner or opeeator ofan emission reduction source shall keep and maintain the followinq records for each NO(x] emission unit at the

source subject to the NO(x] emission cap: 

### 11 Daily, monthly, and control period operating hoursl 

### 11 Type and quantity of each fuel used dally during the control period; 

### 11 Control period capacity factor of individual fuels fired and all fuels fired; 

### !l Monitoring records; and 

## 21 To the extent applicable, the performance test data from the initial performance test for each emission reduction unit and the performance evaluation for each CEMS using the applicable performance specifications in 40 

### CFR 60, 

### Appendix a, as incorporated by reference in Section 217.104 

### of this Part. Ql 

### The owner or operator of an emission reduction source shall maintain records of the following information for each operating day for each emission unit subject to the NO[x] emission cap: 

### 11 Calendar date; 

### 11 The average hourly NO(x] mass emission rate expressed as Ibs/hr; 

### 11 The control period total NO(x] mass emissions to date: effective 

## 5914 Reg. Ill. 25)



### Excess emissions requirements: The owner or operator of an emission reduction source for which NO(xl reductions have been recognized pursuant to this Section and that has excess NO[x] emissions in any control period for which NO(x] allowances have been issued must:



### 11 For the first control peltod during which the emission reduction

source has excess NOlx] emissions, purchase N0l2<l allowances in

an amount equal to 2 times the excess NO(xl emissions in 

### !l Identification of times when emission data have been excluded from the calculationofNO[x] mass emissions, the reaSOns for excluding the data, and any corrective actions taken; 

## 21 Identification of the times when the pollutant concentration exceeded full spanof the CEMS; 

## &1 Description of any modifications to the CEMS that could affect the ability of the CEMS to comply with the Performance Specifications in 40 

### CFR 60, 

### Appendix B; and 

### 11 Results of daily CEMS drift tests and guarterly accuracy assessments as required under 40 

### CFR 60, 

### Appendix'F. 

### £! The owner or operator ofany NO(x] emission reduction source subject to the continuous monitorinq requirements for NO[x) under this Subpart, shall submit a compliance certification containing the information recorded under subsection (b) of this Section. All compliance certification reports shall be postmarked by November 1 oe the next business day ifNovember 1 

### falls on a Saturday or Sunday, of eachcontrol period in whichNO(x) emission eeductions are generated. 

### Q1 Maintenance of records: Unless otherwise provided, the owner oe 9perator of a NO[x] emission reduction SOuece shall keep on site at the source, eachof the following,documents for a period of 5 

### years from the date the document is created. This period may be extended for cause, at any time prior to the end of 5 

### years, in writing by 

### the


### 11 The emission reduction proposal and all documents that demonstrate the accuracy of the statements in the proposal foe each year the emission reduction source 'generates NO(x] reductions under this Subpart and for 5 

### years thereafter. 

### 11 All emissions monitoring information required pursuant to this Subpart; provided that to the extent that 40 

### CFR 60 

### provides for

a )-year period for recordkeepinq, the )-year peeiod shall apply. 

### 11 Copies of all reports, compliance certifications, and othee submissions and all records made or required undee this Subpaet. 

### !l Copies of all documents used to complete any peemit application and supporting documents and any other submission to demonstrate compliance with the requirements of this Subpaet.

Section 217.665 

### Enforcement effective

effective 

## 59 1 4



## 5914 Reg. Reg.

Ill. Ill. 

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## 59

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### ILLl:"OISREGISTER 596201 ILLINOIS REGISTER 596301


### POLLlTIONCONTROLBO.-\RD DEPARTMENT OF VETERANS' AFFAIRS**~OT[CE** 

### OFADOPTED.-\?vIEND\;lE"TS NOTICE OF ADOPTED AMENMENTS

1 ) Heading of the Part, Veterans Homes Duties of the Administrators of the Illinois

Proposed Action: Amendment New Section 95 Ill. Adm. Code 106 Code Citation, i
Section Number: 106.10 106.20 2 )

3 ) '1'1 

### 1-971)90-\i! 72110'2S3037 

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5 )

6 ) Statutory Authority,· 20 ILCS 2805/2.9

Effective Date of Amendments, April 17, 2001

Does this rulemaking contain an automatic repeal date7 No

7 ) Do these amendments contain incorporations by reference? Yes

(Soure": .\ddcd JI

### 2S[II.R"'5

.effective 

## APR172001**IGR.-\~D** TOT>..L 

# 551-4 -\.882 8 )

9 ) Acopy of the adopted amendments, including any material incorporated by reference, is on file in the agency's principal office and is available for pUblic inspection.

Notice of Proposal Published in Illinois Register, 24 Ill. Reg. 18545 December 22, 2000

10) Has JCAR issued a Statement of Objection to these amendments? No

11) Differences added dates reference. between
to the proposal and final version: In Section 106.20, DVA Code oC Federal Regulations incorporations by

12) Have all the**chan~es** agreed upon by the agency and JCAR been made as indicated in the letter issued by JCAR? Yes

13) Will these amendments replace emergency amendments currently in effect? No

14) Are there any other proposed amendments pending on this Part? No

15) Summary and purpose of amendments: This Part has been amended to change the term Superintendent to Administrator. Also, the rulemaking identifies the applicable statutes,**r~les** and regulations for the Administrators to comply with in the on-going operations and management of the Illinois Veterans' Homes.

16) Information and guestions regarding these adopted amendments shall be directed to: Donald Bullerman 833 S. Spring Street

- PO Box 19432 (217) 785-7208 Springfield IL**62794-~~32**