ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021 NOI<lfi GRA!"l) AVENUE EAST, P.O. Box 19276, SPRINCf!FLD, ILliNOIS 62794-9276

217/782-5544

217/782-9143 (TDD)

THOMAS V. SKINNER, DIRECTOR

May 9, 2001

Attn: Jay :Bortzer

Cheryl Newton, Acting Chief

Air and Radiation Branch

United States Environmental

Protection Agency Region V

77 West Jackson Boulevard, AR-18J

Chicago, Illinois 60604-3598

CERTIFIED MAIL 7099 3400 0002 1432 3643

RETURN RECEIPT REQUESTED

'6 \YV"-

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~~ ~)A\L.-Y ~XVt\-' () t J

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

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

Emissions Reduction Program, and Amendments to 35 Ill. Adm. Code 211

Re:

Dear Ms. Newton:

Enclosed is a copy ofthe adopted amendments to 35 Ill. Adm. Code 217, Subpart U, NOx Control

and Trading Program for Specified NOx Generating Units, Subpart X, Voluntary NOx Emissions

Reduction Program, and amendments to 35 Ill. Adm. Code 211, as formally published on May 4,

2001, in the Illinois Register, Volume 25, Issue 18, pages 5900-5962. These amendments are

relative to the Illinois State Implementation Plan (SIP) submittal, which was mailed to you on

May 1,2001. As indicated in the formal SIP submittal, these rules were effective on April 17,2001.

Iffurther information is required, please contact Joyce Embree of my staff at 217/782-5544.

Cordially,

lEv'J j \Lv (

0 J.-Ue-----

David J. Kolaz, Chief

Bureau of Air

cc: Bharat Mathur, Acting Deputy Regional Administrator

Enclosure

GEORGE H. RYAN, GOVERNOR

I' I.', I'
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

Illinois Register

May 4, 2001

Volume 25, Issue 18

5900

01

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

5901

01

Statutory Authority: 415 ILCS 5/9.9, 10, 27, and 28.5

1 ) Heading of the Part: Definitions and General Provisions

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 U and W.

II

..__._._._--.~--.~~~-----------------------------
;

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

5902

01

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED 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

Acid Gases

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

Ai dess 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-Duty Truck Manufacturing Plant

Automobile or Light-Duty Truck Refinishing

Automotive/Transportation Plastic Parts

Baked Coatings

Bakery Oven

Basecoat/Clearcoat System

Batch Loading

Batch Operation

Batch Process Train

Bead-Dipping

Binders

BritiSh Thermal Unit

Brush or Wipe Coating

Bulk Gasoline Plant

Bulk Gasoline Terminal

Business Machine Plastic Parts

Can

Can Coating

Can Coating Line

Capture

Capture Device

Capture Efficiency

Capture System

Cement

Cement Kiln

Certlfled Investigation

Chemical Manufacturing Process Unit

Choke Loading

Clean Air Act

Cleaning and Separating Operation

Cleaning Materials

Clear Coating

Clear Topcoat

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

5904

01

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

5905

01

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 Aluminum Coating

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)

5906

01

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 .,

5907

01

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

01

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

5909

01

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 of a 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

Petroleum Liquid

Petroleum Refinery

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 Resin Material(s)

Polyester Resin Products Manufacturing Process

Polystyrene Plant

Polystyrene Resin

Portable Grain-Handling Equipment

Portland Cement Manufacturing Process Emission Source

Portland Cement 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/Vacuum Relief 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 Emission Unit

Process Unit

Process Unit Shutdown

Process Vent

Process Weight Rate

Production Equipment Exhaust System

Publication Rotogravure 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 Print ing

Rotogravure Printing

Rotogravure Printing Line

Safety Relief Valve

Sandblasting

Sanding Seale'rs .,

Screening

Sealer

Semi-Transparent Stains

Sensor
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

5910

01

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

5911

01

'I

AUTHORITY: Implementing Sections 9, 9.1, 9.9 and 10 and authorized by Sections

27 and 28.5 of the Environmental Protection Act [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 Relief Valves

Sheet Basecoat

Sheet-Fed

Shotblasting

Side-Seam Spray Coat

Single Unit Operation

Smoke

Smokeless Flare

Soft Coat

Solvent

Solvent Cleaning

Solvent Recovery System

Source

Specialty Coatings

Specialty Coatings for Motor Vehicles

Specialty High Gloss Catalyzed Coating

Specialty Leather

Specialty Soybean Crushing Source

Splash Loading

Stack

Stain Coating

Standard Conditions

Standard Cubic Foot (scf)

Start-Up

Stationary Emission Source

Stationary Emission Unit

Stationary Gas Turbine

Stationary Reciprocating Internal Combustion Engine

Stationary Source

Stationary Storage T~nk

Stencil Coat

Storage Tank or Storage Vessel

Strippable Spray Booth Coating

Styrene Devolatilizer Unit

Styrene Recovery unit

Submerged Loading Pipe

Substrate

Sulfuric Acid Mist

Surface Condenser

Surface Preparation Materials

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 B

Topcoat

Topcoat Operation

Topcoat System

Touch-Up

Touch-Up Coating

Transfer Efficiency

Tread End Cementing

True Vapor Pressure

Turnaround

Two-piece Cal)

Under-the-Cup Fill

Undertread Cementing

Uniform Finish Blender

Unregulated Safety Relief Valve

Vacuum Metallizing

Vacuum Producing System

Vacuum Service

Valves Not Externally Regulated

Vapor Balance System

Vapor Collection System

Vapor Control System

Vapor-Mounted primary 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) or Volatile Organic Compound (VOCI

Volatile Petroleum Liquid

Wash Coat

Washoff Operations

Wastewater (Oil/Water) Separator

Weak Nitric Acid Manufacturing Process

Web

Wholesale Purchase - Consumer

Wood Furniture

Wood Furniture Coating

Wood Furniture Coating Line

Woodlolorking

Yeast Percentage

Rule into Section Table

Section into Rule Table
ILLINOIS REGISTER 5912

01

ILLINOIS REGISTER 5913

01

POLLUTION CONTROL BOARD POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS NOTICE OF ADOPTED AMENDMENTS

"Source" means any stationary source (or any group of stationary sourcesl thatare located on one or more contiguous or adjacent properties that ,--and are

under common control of the same person ior persons under common control) and

that belongs belonging to a single major industrial grouping. For the purposes

of defining "source,' a stationary Source or group of stationary sources shall

be considered part of a single major industrial grouping if all of the

pollutant emitting activities' at such source or group of sources located on

contiguous or adjacent properties and under common control propere~ belong to

the same Hajor Group (i.e .• all have the same two-digit code) as described in

the Standard Industrial Classification Hanual. 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 of stationary sources) located on

contiguous or adjacent properties 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 whether any group of stationary 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 U and W, the

Program shall mean the requirements of 35 Ill. Adm. Code 217, Subparts

CFR 96,

Trading

U and W,

effective

effective

Reg. 59 0 0

Reg.

Ill.

at 25 Ill.

SUBPART B: DEFINITIONS

(Source: Amended at 25

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

(Source: Added

IIPR I 7 7IJU'

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. 59 g 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 brackets I

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

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

6) Does this rulemaklng contain an automatic repeal date? No

5915

01

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) 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. 16200,

November 3, 2000; 24 Ill. Reg. 16467, November 13, 2000

10) Has JCAR Issued a Statement of Objection 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 section numbers 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 U as 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 to participate 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/correction changes.

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 JCAR been made as

Yes

13) Will these amendments replace emergency amendments currently in effect?

No

14) Are there any amendments pending on this Part? No '1
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

5916

01

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

5917

01

15) Summary and Purpose of Amendments: A complete 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

U only, 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

5918

01

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

5919

01

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 U Nolxl Trading Budget

Methodology for Obtaining NO[x} Allocations

Metholodology for Determining NO[x) Allowances from the New Source

Set-Aside

Allocations Procedure for Subpart U Budget 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

Moni toring

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

Sect ion

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 X Trading 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

Severabil i ty

Appli cab i lit 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) 1 4. '. :=, effective l\~k I " 2U01

SUBPART U: NO[xl CONTROL AND TRADING PROGRAM FOR

SPECIFIED NO[xl GENERATING UNITS

..
ILLINOIS REGISTER 5920

01

ILLINOIS REGISTER 5921

01

POLLUTION CONTROL BOARD POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS NOTICE OF ADOPTED AMENDMENTS

The purpose of this Subpart is to cap ~he emissions of nitrogen oxides (NOlxl!

during the ozone control period from units 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 combined cycle system, with a maximum design

heat input greater than 250 mmbtu/hr and that is:

11 A unit listed in Appendix E of this Subpart, irrespective of any

subseguent changes in ownership, unit designation, or name of the

unit i or

11 A unit not listed in Appendix 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 to use no 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 maximum design

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 in Appendix E of this Parti or

Ql Is a unit subject to SUbpart W of this. Part (excluding any

unit listed in Appendix F of this Part, regardless of any

change in ownership or any change of operator!, and the

Section, sentence or clause not found invalid.

591 4 effect ive Reg. ------'''-=---) 25 Ill.

)

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 Program emissions limitations contained in this Subpart are

budget units.

£! Low-emitter status: Notwithstanding subsection (al of this Section,

the owner or operator of a bUdget 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 any budget unit not listed in Appendix E of

this Part but subject to this Subpart shall not receive an allocation

of NOlxl 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. Such unit must acguire NOlxl allowances in an

amount not less than the Nolxl emissions from such budget 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 the first da~ of

the control season subseguent to the calendar year in which all of the

other states'subject to the provisions of the NOlxl sip call (63 Fed.

Reg. 57355 (October 27, 1998!) that are located 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 of the respective states'

SIPS for ozone, or a final 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 Compliance Requirements

effective

effective 5 9 1 4 -

is found invalid, such

Subpart as a whole or any

591 4

Reg.

Reg.

Ill.

(Source: Added at 25 Ill.

~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 Purpose
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

5922

01

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

5923

01

..

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 wi th 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 4

01

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

5925

01

11 An allowance allocated by the Agency or USEPA under the Nolxl

Trading Program is a limited authorization to emit one ton of

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 no provision of 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 US EPA under the NOlxl

Trading Program or pursuant to this Subpart does not constitute a

property right.

11 Upon recordation by USEPA under 40 CFR 96, subpart F or 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 any budget

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 truth of 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 to the 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 each budget 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 D and H.

II Liability:

11 No revision of a bUdget permit shall excuse any violation of the

requirements of the NOlxl Trading Program or this Subpart that

occurs prior to the date that the revision under such budget

permit takes effect.

11 Each budget source and each budget 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 such budget unit) shall also apply to the owner

and operator of such budget 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 of one budget unit shall not be liable for any

viOlation by any other budget unit of which they are not an owner

or operator or the account representative and that is located at

a source of which 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 of a 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 exemption under 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 enforceable
ILLINOIS REGISTER 5926 ILLINOIS REGISTER 5927

01 01

POLLUTION CONTROL BOARD POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS NOTICE OF ADOPTED AMENDMENTS

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

Program and requirements of this Subpart and shall be a complete

and segregable portion of 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

application meeting the requirements of this Subpart on or 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 on or 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 on or 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 of any source with one 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 U NO[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 U NO(x) Trading Budget shall

be Initially allocated as set forth in Appendix E of this Part.

Ql The Agency may adjust the Subpart U NO[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

at 25 IlL Reg. effective

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 of budget 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 Subpart U NO[x) Trading Budget

(Source: Added at 25 IlL Reg. 591 4. effective

.r i " I:,J'
ILLINOIS REGISTER 5928 ILLINOIS REGISTER 5929

01 01

POLLUTION CONTROL BOARD POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS NOTICE OF ADOPTED AMENDMENTS

217.474 and 217.476 of this Subpart.

£1 The Agency shall adjust the SUbpart U NO[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, if USEPA

adjusts the base Subpart U NO[x) Trading Budget of 4,882 allowances,

the Agency will adjust the Subpart U NO[x) Trading Budget pro-rata.

£1 If USEPA adjusts the Subpart U NO[x) Trading Budget as to any

individual bUdget unit, the Subpart U NO[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 ' II Ul

25 Ill. Reg. 5914--, effective

Where HI heat input (in mmbtu/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 2 control 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 from only 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 maximum design heat input for

the control period as designated in the construction permit.

allowances of NO/X) control period.

The NO[x) emission rate in Ibs/mmbtu as

determined in accordance with

subsection (a) of this Sec~ion.

25 Ill. Reg. 591 4 -, effect! ve

Where ER =

(Source: Added at

Ilrk i" 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 U NO[x)

trading budget as provided by Section 217.460 of this Subpart.

£! The owner or operator of budget units subject to this SUbpart may

permanently transfer all or part of their allocation of allowances

pursuant to Column 5 of Appendix E of 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 Subpart W of 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 of budget 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 E of this Part.

£1 Subject to adjustment in accordance with this Subpart, revocation or

revision of the federal NO{x) Trading Program or this Subpart,

allocations pursuant to Appendix E of 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 U Budget Units

For each control period, the Agency will allocate the total number of NO[x)

allowances in the Subpart U NO[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 U NO(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 U NO(x)

Trading Budget by USEPA.

Q.l A II new ll budge t un i t may regues t to pu [chase from t he Agency a numbe r

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

(Source: 25 Ill. Reg.

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 5932

01

ILLINOIS REGISTER 5933

01

POLLUTION CONTROL BOARD POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS NOTICE OF ADOPTED AMENDMENTS

distributed pro-rata to budget units receiving allowances pursuant to

Appendix E of 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 shall be 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 by November 1 for

reductions made in the previous control period in a format

specified by 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

covered by ERC 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 If approved 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 in any control period is greater than the number of ERC

allowances designated for that control period in subsection

1illll-of this Section, the Agency will 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, the Agency will 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 based on NO(x]

unit in control periods

unit that meets the

of this Section may submit

5914- at 25 Ill. Reg.

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) of this 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 Section must monitor NO(x] emissions

in accordance with 40 CPR 96, subpart H, as incorporated by reference

in Section 217.104 of this Part, starting with the control period

prior to the control period for which ERCs will first be requested and

for each control period for which ERCs will be reguested. For

example, if ERCs 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 Each budget 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 which ERCs are requested by 30\ or more below the

actual NO(x] emissions rate (lbs/mmbtu) for the first control period

in which ERCs are requested.

Ql The account representative of a budqet

requirements of subsections (a) through (c)

Section 217.470 Early Reduction Credits (KRCsl for Budget Units

---------------_...__..._----'-,._.. , ......_... , ...., .....__.-._...
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

5934

01

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

5935

01

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 of operating 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 ',s maximum 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 E of,this Part may elect lo~-emitter status.

In that case, the Agency ~ill reduce the Subpart U NO(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 X of 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

POLLUTION CONTROL BOARD POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS NOTICE OF ADOPTED AMENDMENTS

Section 217.474 Opt-In Units

25 Ill. Reg. 5914 effective

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 to withdraw 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 interim basis, 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

determination of 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 system certification under 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 40 CFR 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 Information monitored and reported under subsection (b)

of this Section, the unit's baseline heat rate shall be calculated as

the unit's total heat input (in mmbtu) 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

Reg. effective

Reg.

Ill.

25 Ill.

reductions obtained in accordance with Subpart X of 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 may qualify under this Subpart to become an opt-in

budget unli if it:

11 Is not a budget EGU under Subpart W of 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 immediately preceding the submission of an application for

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

11 Is not covered by 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-In unit 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 Section must,

except as provided under Section 217.478(f) of this Subpart, submit to

the Agency:

11 A budget 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\:cJtu R-'----'-lu:_2u.f1wU-'--':----)

Section 217.476 Opt-In Process

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

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

5938

01

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

5939

01

Notification:· When an opt-in unit becomes an opt in budget 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 US EPA 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 of days 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 completion of the deduction under subsection lc)ll) of this

Section. If the 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-In Units: Change in Regulatory Status

USEPA has 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 U NO(x) Trading

Program shall comply with all reguirements under the NO(x) Trading

Program concerning 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-in budget 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 of withdrawal: If the

Agency denies the opt-in budget unit's request to withdraw, the

account representative of the opt-in budget 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 on which 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. 591 4 effective
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

5940

01

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

5941

01

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 than December ]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 subsequent control 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.

SUBPART V: ELECTRIC POWER GENERATION

217.468 of this Subpart, as a unit that commenced operation on

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, USEPA will 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, USEPA will 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,

USEPA will 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, USEPA will 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. l5 tJ 1 4 effective

(Source: Added at 25 Ill. Reg. S91 4 effective

\I'R I • ;'81J1 )

Section 217.482 Allowance Allocations to Opt-In Budget Units

Allowance allocations:

11 By the December ]1 immediately before the first

for which the budget permit is effective,

cont rol per iod

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 ott actual heat input during each Ozone

control period ..

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

01 01

POLLUTION CONTROL BOARD POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS NOTICE OF ADOPTED AMENDMENTS

(Source: Added ~t

ll'l' • /'1'1'

25 Ill. Reg. 5' 9 1 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] X ER [i ] )

i~l

heat input for the ozone control period of

EGU i, in mmbtu, as specified in the NO(xl

averaging demonstration

ERavg

I

Notwithstanding Section 217.706(a) ot this Subpart, the owners or

operators ot EGUs listed in AppendiX F ot 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

Reg. effective

Reg.

Ill.

25 Ill.

(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 D of this Part and any new unit at a source listed

in Appendix D ot this Part.

£1 Any unit with a maximum design heat input that is greater than 250

mmbtu/hr that commences operation on 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 maximum design 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

Section 217.706 Emission Li.itations
ILLINOIS REGISTER 5944 ILLINOIS REGISTER 5945

01 01

POLLUTION CONTROL BOARD POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS NOTICE OF ADOPTED 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 on my inguiry of the person or persons directly responsible

for gathering the information, the information is, to the best of

my knowledge and belief after due inguiry, true, accurate, and

complete. I am aware 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 Agency a

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 of metered 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

of this

591 4 -,_

59 1 4: -' ,

reguirements

Reg.

Reg.

Ill.

at 25 Ill.

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 of an 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 OF ADOPTED AMENDMENTS NOTICE OF ADOPTED 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 U or 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 U or W of 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

system or turbine, then the emission cap must include all

boilers, combined cycle systems or turbines 'hat are not

otherwise subject to Subparts U or W of 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 of May 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

59 1 4 ~- , effective

Reg.

Reg.

Reg.

Ill.

Ill.

25 Ill. (Source: l'<.dded'illl,il t -.\ 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 Participation Requirements

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 of NO[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, V or 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 of NO[X] per day during the ozone control period.

Part. [415 ILCS 5/9.9(d)(3)]

Section 217.800 Purpose
ILLINOIS REGISTER 5948 ILLINOIS REGISTER 5949

01 01

POLLUTION CONTROL BOARD POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS NOTICE OF ADOPTED AMENDMENTS

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 reduction unit 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 of creditable 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 such unit, 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 Subpart X NOlx) 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 X NOlx) 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 of Subparts U and W of this Part.

Q1 If USEPA 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.

(Source: Added at 25 Ill. Reg. 5914.- effective

'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] SIP Call 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!.QW baseline 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 of operation 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 of operation 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

at 25 Ill. Reg. S91 4 effective

Ar~ I I lUi,

(Source: Added

Section 217.815

---------------------,-_.._--,._._._-----_.-
ILLINOIS REGISTER 5950

01

ILLINOIS REGISTER 5951

01

POLLUTION CONTROL BOARD POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS NOTICE OF ADOPTED 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 Program as

set forth in Subpart U or W of 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, W or

X of 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 reduction unit 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

included within 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 U or 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 revise the applicable 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 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 a1 4

Reg.

Reg.

Reg.

Ill.

Ill.

25 Ill.

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 Emission Reduction prOposal

Section 217.630 Limitations on NO[xl Emission Reductions

Section 217.625 Calculation of Creditable NO/x) Emission Reductions
ILLINOIS REGISTER 5952 ILLINOIS REGISTER 5953

01 01

POLLUTION CONTROL BOARD POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS NOTICE OF ADOPTED AMENDMENTS

The Agency shall notify the owner or operator submitting a NO[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 in writing.

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 Section have 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 Reapplication upon failure to meet conditions of withdrawal: 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 Agency Action

Reg. effective

.,

(Source, Added at 25 Ill.

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 USEPA with a copy of 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 created by the shut

down .

. If the Agency approves the proposal, and subject to the provisions of

subsection [b) of this 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 generated pursuant to this SUbpart shall be issued

to the recipient emission unit identified in the proposal, for

each control period in which 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 Determination Methods

Added at 25 Ill. Reg. 91 4 _ effective

'\ ~R I ", Zudl (Source:

lI&.h.·'.'I.. ..... _______._d'__..... . .,. ., ~_... _,_ -_.-_._._~.
ILLINOIS REGISTER 5954 ILLINOIS REGISTER 5955

01 01

POLLUTION CONTROL BOARD POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS NOTICE OF ADOPTED 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..!.l emission 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 of CEMS 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 of CEMS 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 of CEMS 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 of operation if the data capture for

such period Is 95\ or greater and the period of missing 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 of missing 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.

Ill. Reg. effective

Emissions Monitoring

Added at 25

____',.\'..>:'t'-L1_"')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 of any 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

Subpa r t.

£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 5956

01

ILLINOIS REGISTER 5957

01

POLLUTION CONTROL BOARD POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS NOTICE OF ADOPTED AMENDMENTS

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 of each year beginning in 200), or the year of the first

control period for which NO(xl emission reductions were generated in

accordance with this Subpart, an owner or operator of an 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 of an 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:

25 Ill. Reg. 59 1 4 effective

)

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 calculation of NO[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 span of 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 of any 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 if November 1 falls on a Saturday or Sunday, of

each control period in which NO(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, each of 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

5 9 1 4

Reg. 59 1 4

Reg.

Ill.

Added at 25 Ill.

~I'~ I ~,. /UU1 ---"---'---'-::.::..:----)

(Source: Added at 25

___r._~_~-"i-,-/:....:..:/[:.::IIJ_1 I

(Source:

Section 217.660 Recordkeeping

Section 217.655 Reporting

' -'_.-...._ . IE , ... _ .... >4_.._.-_.' -..._'_.. '__ ~" ..---,--.-----..-..-.------_.- ._-- ---- _
ILLI'iOIS REGISTER 5959

01

ILLI'iOIS REGISTER 5958

01

POLLUTION CO~TROL BO.\RD

POLLl;1ION CO~TROL BOARD NOTICE OF .\DOPTED .-\~IE:'<'D\[ENTS

"OT[CE OF ADOPTED .\~fEND\[ENTS

,\RCHER D\NIELS \[lDI.A'\jD CO E\ST Pl-\\fT

(Source: AddeJ at 25 III Reg

115015.\.-\Ej830600300S3 :G.-\S-FIRED 19 13

I iBO[LER 3

CORN PRODUCTS INTERN \'1'10"< \ l INC

ARCHER D.\NIELS \lIDlAND CO EAST

Pl.\NT (To(al i}.llocalionl

!-L51) 15.\.\E~§51)1i00~OI)1l ICO\ I.-F[RED I

, BO[lER I , -~--I-----------==--~-"~--- 115015.\.\[ ,:3506,)031)1):31 ,CO.-\L-FIRED ~6i -.--- 253--

iBOILER 2 I --;-------- ICO.\L-FIRED i 2fi7 I 259

,BOfLER 3 I

115'il5A.\E ,:35060cif<'jo'ii'2-- ~~Q.\L-FIRED I '"C2'"C,'"'6---,---2-6-3·-----

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1[30[5.\.\E 18506003(1)S3 ,(j,-\S-FIRED : 1i I 13

iBOILER 7 !

3) It the emission reduc[iLln source has eXcess NO, ernissi"ns tor 3 conuol

perieds. purchase alillwances in In amount equal to -I limeS the ~.\C~Ss

NO, emissi'Jns putsuant 10 Ihe ['ecieral NO, TDdin~ Pro~rJm ,[ld

surr'ender the allowances (0 [he .\~encY bv Dec~mber 3 [ rollowin2 the

control period in which the emission reduclion source had excess

CflllSsions anJ [he NO, emission redUClllln PiQQ2s'li shall be

aut(lmaticalh revoked. The emiSSion reduction source wtlilherearier not

be able [0 ~eneDte NO, emission reduc[i'Jns tor which NO,~lll"ances

mav be issued under this Subpart.

bl .\11 allowances surr~ndered to the .\2enCY pursuanl to subsections (,)( I) lhrou~h

(a)(3) Of [IllS Section shall be relired [0 bend!t air qualiey.

c) NOlhin~ in this Subpan lim liS the: authOrIty ot' the: Siale: or Ihe federal

~overnme:[][ [0 sed: penalties and iniunctive: relid' for anY violation or Ihis

Suhpan or an,- pennil c<llldition. N<llhin~ In Ihis Subpart limits the rI~hl of (he

State or Ihe redeDI ~overnment or any person [0 directly enrorce a~ainst actions

or onllSsions which cunSIilU{e violJtions of permits required by the: Act <lr

re~ula(Jons promul~ated (hereunder or the CAA or applicable tde:D[

ellvlronme:nDI laws and re2ulaeions.

5 91 '4, == "PR 17 2001 , , effcctive _

Section 217 ..\ppendix E lar~e Non-Electrical Genera[in" Unils 031012.\BI !7302014!iO,12

CO~[P\'1Y UNIT UNIT 'BUDGET 8ljDGET

ID:i / 'DESIGNATION :DESCRJPTION i.\llOCAT I.\LLOC.-\TION

~E i : iIOt'! IlESS 3% NSSA

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031012.\fl[ ;730201-160-13

I

IGAS FIRED i 81 I

:BOIlER NO -I I

IWEST STACK I

'BlRS I

79

COR'i PRODl-CTS [NTER";\TION.\L I"C

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ill ill

BOILER I i I

1150\5\B'\ 35070061299 CO\L-FIRED ! 175 l2Q

BOllER 2 I

1151)15\B'( ,730'003-1- i 29 BOflER 425 1~5 l~ I

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BOILER:; 3

COAL-FIRED

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BOILER NO 5-

E.\ST ST.-\CK

,BOILER

79
ILLI';OIS REGISTER

POLllJTION CONTROL BOARD

5960

01

ILLINOIS REGISTER

POLLUTION COi'iTROL BOARD

5961

01

NOTICE OF ADOPTED A,'v[Ei\DMENTS NOTICE OF ADOPTED A:-'IENDMENTS

f!2USTAR

063300AAC 172100016013 ;BO[LER # I i 40 ! 39

063300AAC ;72100016013 mOIlER:12 : 40 39

063800A.\C :'2100016014 ill3 GAS FIRED : 40 i 39

i IBOIlER

063800AAC i721000 160 16 1115 GAS FIRED ! 40 ! 39

: BOllER I

0!i3300AAC 172.l0001601 7 1#6 BOllER I 40 I 33

EQl:'ISTAR (Tola[ Alloc.ation) i 200 194,.-

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JEFFERSON S\IURFIT CORPORATION

GRE-\T L-\KES ,NTC

097811.-\.-\C :780300,[1)11 'BOILER # 5 ,

, 26 25

097811.\.-\C :73030071011 :BOllER'I6 , 26 , 25

GRE.\T lAKES NTC ITotal Allocation) : 52 : 50 - ,

EQUISTAR !Total Allocali.;;;,ol~1)~ --,_~4=3;;;3~-,-_-=46=9=----,

U:"lV OF ILL ..\8B01T PO,VER PLANT

0190[I)ADA 820900'1701)6 ,BOilER #7

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IPO\VER i ,

I

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! INAT.GAS) !

,

I

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L; S STEEL· SOCTH WORKS (TOlal Allocalion) l80 175

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I 19090AAA 171110633081 ;BOllER NO 16 40 I 39-

:119090AA.-\ -;721 iOfj33ij32 iBOllER NO 17 , 80 78

TOSCO (Total Allocation) : 160 155

041804,\,\B :72 12l207108_-,I.~B~0~Il~E~R~N,;;;0~1 _..L~1;,,:2,;[ ~J;.;1~~__

04lSl34A;B~ ji! 21~07 t09 __.llB~0~1~§'L~E~R~N~O~2_-c-_,1~2[ 113

041804AA8 '72121207110 IBOllER NO:3 =12=1~--~1=[=7·---

0;ri864.\.~·B:nI2L207lliBOllERN04 [20 116

IQJi80,i~~~\8172i212071l2 iBOIlERN05 0 0

BOILER C .

.pelvERIZED

.DRY BOTTOM

179060ACR ,7)02008'7019

EXXON \[O[lll

~\llLl.\\[S

\IARATHO'i Oil CO IlLJ"iOIS REFI\lI"iG D[V

JEFFERSON S",IL'RFIT CORPORA nON (Tolal '

.\ II"cat:on)

b\=V~[l;;L:=;I~.A~"~IS~(~T~o~la~1~.A~llo~c~a~[io~n;,;,)~ ~J7=7~__-"=36=6~----,

.,

19'7300.\.A.A '721(056700) i-<\UX BOILER· , ill 1 98

I REFINERY GAS I

197300A.A.\ 136010009043 ·ST.-\TlONARY , 35 I 3'2

, GAS TURBINE i

EXXO:-i \IOBIL !Tolal .Allocation) lil6 180

1)33808.\.-\B 72111291055 ,BOILER -t3 ! 53 I 51

1 10IL.REF GAS I I I I- ,FIRED i

033808AAB !7il [1291056 :BOILER 114 REF , 53 I 52

I 'GAS.OIl FIRED 1,

\L\RATHO'i Oil CO IlUNOlS REFINI;--IG D[Vi 106 , 103

(Total Allocation) i I,

il!NIV OF ILL ..\BBOTT POWER PLANT (TOtal;

:AllccJlion) .,

""..'

WD" • _II1II ---.......«.-.....• ....F\lI*L--........---...-..-.. -~..--.. ~---.- ..---.---.-.----....: . _
ILLl:"OIS REGISTER 5962

01

ILLINOIS REGISTER 5963

01

POLLlTION CONTROL BO.-\RD DEPARTMENT OF VETERANS' AFFAIRS

~OT[CE OF ADOPTED .-\?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

Code Cit a ti on, 95 Ill. Adm. Code 106

i

Section Number:

106.10

106.20

2 )

3 )

'1'1 1-971)90-\i! 72110'2S3037 BOILER -n-B-l

CITGO PETROLEU\{ CORPOR.-\no!':!

CITCO PETROLEu:VI CORPOR.-\TION (Total

1.-\II,lCJtIOfJ)

LTV STEEL CO?v[PANY 4 )

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 APR 172001

IGR.-\~D TOT>..L 55 1 -4 -\.882 8 )

9 )

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.

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 guest ions regarding these adopted amendments shall be

directed to: Donald Bullerman

833 S. Spring Street - PO Box 19432 (217) 785-7208

Springfield IL 62794-~~32