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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 Section 217.100 217.101 217.102 217.103 217.104

Section 217.121

Section 217.141

Section 217.301

Section 217.381

Section 217.400 217.402 217.404 217.406 217.408 217.410

Section Scope and Organization MeasurementMethods Abbreviations and Units Definitions Incorporations by Reference

SUBPART B: NEW FUEL COMBUSTION EMISSION SOURCES

New Emission Sources

SUBPART C: EXISTING FUEL COMBUSTION EMISSION SOURCES Existing Emission Sources in Major Metropolitan Areas

SUBPART K: PROCESS EMISSION SOURCES

Industrial Processes

SUBPART 0: CHEMICAL MANUFACTURE

Nitric Acid Manufacturing Processes

SUBPART T: CEMENT KILNS Applicability Control Requirements Testing Monitoring Reporting Recordkeeping

SUBPART U: NOxCONTROL AND TRADING PROGRAM FOR SPECIFIED NOx GENERATING UNITS217.450 217.452 217.454 217.456 217.458 217.460 217.462 217.464 217.466 217.468 217.470 217.472 217.474 217.476 217.478 217.480 217.482

Section 217.521 217.700 217.702 217.704 217.706 217.708 217.710 217.712

Section 217.750 217.752 217.754 217.756 217.758 217.760 217.762

217.764 217.768 217.770 Purpose Severability Applicability Compliance ReqUirements Permitting Requirements Subpart U NOxTrading Budget Methodology for Obtaining NOxAllocations Methodology for Determining NOx Allowances from the New Source Set-Aside NOx Allocations Procedure for Subpart U Budget Units New Source Set-Asides for "New" Budget Units Early Reduction Credits (ERCs) for Budget Units Low-Emitter ReqUirements Opt-In Units Opt-In Process Opt-In Budget Units: Withdrawal from NOxTrading Program Opt-In Units: Change in Regulatory Status Allowance Allocations to Opt-In Budget Units

SUBPART V: ELECTRIC POWER GENERATION

Lake ofEgypt Power Plant Purpose Severability Applicability Emission Limitations NOx Averaging Monitoring Reporting and Recordkeeping

SUBPART W: NOxTRADING PROGRAM FOR ELECTRICAL GENERATING UNITS Purpose Severability Applicability Compliance Requirements Permitting ReqUirements NOxTrading Budget Methodology for Calculating NOx Allocations for Budget Electrical Generating Units (EGUs) NOxAllocations for Budget EGUs New Source Set-Asides for "New" Budget EGUs Early Reduction Credits for Budget EGUs217.774 217.776 217.778 217.780 217.782 Opt-In Units Opt-In Process BudgetOpt-In Units: Withdrawal from NOxTrading Program Opt-In Units: Change in Regulatory Status Allowance Allocations to Budget Opt-In Units

SUBPART X: VOLUNTARY NOxEMISSIONS REDUCTION PROGRAM Section 217.800 217.805 217.810 217.815 217.820 217 825 217.830 217.835 217.840 217.845 217.850 217.855 217.860 217.865 Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Purpose Emission Unit Eligibility Participation Requirements NOxEmission Reductions and the Subpart X NOxTrading Budget Baseline Emissions Determination Calculation ofCreditable NOx Emission Reductions Limitations on NOxEmission Reductions NOxEmission Reduction Proposal Agency Action Emissions DeterminationMethods Emissions Monitoring Reporting Recordkeeping Enforcement

Rule into Section Table Section into Rule Table Compliance Dates Non-Electrical Generating Units Large Non-Electrical Generating Units Allowances for Electrical Generating Units Authority: Implementing Sections 9.9 and 10 and authorized by Sections 27 and 28.5 ofthe Environmental Protection Act [415 ILCS 5/9.9, 10, 27 and 28.5].

Source: Adopted as Chapter 2: AirPollution, Rule 207: Nitrogen Oxides Emissions, R71-23, 4PCB 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 R01-11 at 25 Ill. Reg. 4597, effective March 15, 2001; amended in RO1-16 and RO1-17 at 25 Ill. Reg.5914, effective April 17, 2001.

Section 217.100 SUBPART A: GENERAL PROVISIONS Scope and Organization a) This Part sets standards and limitations for emission ofoxides ofnitrogen from stationary sources.b) Permits for sources subject to this Part may be required pursuantto 35 

### Ill. Adm. Code 201. c) Notwithstanding the provisions ofthis Part the air quality standards contained in 35 

### Ill. Adm. Code 243 may not be violated. d) These rules have been grouped for convenience ofthe public; the scope ofeach is determined by its language and history. (Source: Amended at 25 Ill. Reg. 108, effective December 26, 2000)

Section 217.101 MeasurementMethods

Measurement ofnitrogen oxides shall be according**to~** a) The phenol disulfonic acid method, 40 CFR 60, Appendix A, Method 7 (1999); b) Continuous emissions monitoring pursuant to 40 CFR 75 (1999); and c) Determination ofNitrogen Oxides Emissions from Stationary Sources (Instrumental Analyzer Procedure), 40 CFR 60, Appendix A, Method 7E (1999)

. (Source: Amended at 25 Ill. Reg. 108, effective December 26, 2000)

Section 217.102 Abbreviations and Units a) The following abbreviations are used in this Part:

btu EGU kg kg/MW-hr

lb NO* lbs/mmbtu Mg mmbtu mmbtu/hr MWe MW MW-hr peoc Britishthermal unit (60°F) Electrical Generating Unit kilogram kilograms per megawatt-hour, usually used as an hourly emission rate pound Nitrogen Oxides pounds per million btu, usually used as an hourly emission rate megagram or metric tonne million British thermal units million British thermal units perhour megawatt ofelectricity megawatt; one million watts megawatt-hour potential electrical output capacityppm parts permillion ppmv parts permillion by volume T English ton b) The following conversion factors have been used in this Part: English 2.205 lb 1 T 11b/T Mmbtu/hr 1lb/mmbtu Metric 1 kg 0.907 Mg 0.500 kg/Mg 0.293 MW 1.548 kg/MW-hr (Source: Amended at 25 Ill. Reg. 108, effective December 26, 2000)

Section 217.103 Definitions

The definitions contained in 35 Ill. Adm. Code 201 and 211 apply to this Part.

Section 217. 104 Incorporations by Reference

The following materials are incorporated by reference. These incorporations do not include any later amendments or editions. a) The phenol disulfonic acid method, as published in 40 CFR 60, Appendix A, Method 7 (1999); b) 40 CFR 96, subparts B, D, G, and H (1999); c) 40 CFR 96.1 through 96.3,96.5 through 96.7,96.50 through 96.54,96.55 (a) 

### & (b), 96.56 and 96.57 (1999); d) 40 CFR 72, 75 & 76 (1999); e) Alternative Control Techniques Document---- NOx Emissions from Cement Manufacturing, EPA-453/R-94-004, U. S. Environmental Protection AgencyOffice ofAir Quality Planning and Standards, Research Triangle Park, N. C. 27711, March 1994; 

### f) Section 11.6, Portland Cement Manufacturing, AP-42 Compilation ofAir Emission Factors, Volume 1: Stationary Point and Area Sources, U.S. Environmental Protection Agency-Office ofAir Quality Planning and Standards, Research Triangle Park, N. C. 27711, revised January 1995; 

### g) 40 CFR 60.13 (1999); andh) 40 CFR 60, Appendix A, Methods 7, 7A, 7C, 7D, and 7E (1999). (Source: Amendedat25 Ill. Reg. 4597, effectiveMarch 15,2001)

SUBPART B: NEW FUEL COMBUSTION EMISSION SOURCES

Section 217.121 New Emission Sources

No person shall cause or allow the emission ofnitrogen oxides (NOx) into the atmosphere in anyone hour period from any new fuel combustion emission source with an actual heat input equal to or greater than 73.2 MW (250 mmbtu/hr) to exceed the following standards and limitations: a) For gaseous fossil fuel firing, 0.310 kg/MW-hr (0.20 lbs/mmbtu) ofactual heat input; b) For liquid fossil fuel firing, 0.464 kg/MW-hr (0.30 lbs/mmbtu) ofactual heat input; c) For dual gaseous and liquid fossil fuel firing, 0.464 kg/MW-hr (0.30 lbs/mmbtu) ofactual heat input; d) For solid fossil fuel firing, 1.08 kg/MW-hr (0.7 lbs./mmbtu) ofactual heat input; e) Forfuel combustion emission sources burning simultaneously any combination of solid, liquid and gaseous fossil fuels, an allowable emission rate shall be determined by the following equation:

E 

### = (AG 

### + BL 

### + CS) 

### Q

Where: E 

### = Allowable nitrogen oxides emissions rate 

### Q = Actual heatinput derived from all fossil fuels 

### G 

### = Percent ofactual heat input derived from gaseous fossil fuel L 

### = Percent ofactual heatinputderived from liquid fossil fuel S = Percentofactual heatinput derived from solid fossil fuel 

### G 

### + L 

### + S 

### = 100.0 and, where A, B, 

### C and appropriate metric and English units are determined from the following table:



### E 

### Q Metric kg/hr MW English lbs/hr mmbtu/hr

### A 

### B C 0.023 0.023 0.053 0.003 0.003 0.007

SUBPART C: EXISTING FUEL COMBUSTION EMISSION SOURCES

Section 217.141 Existing Emission Sources in Major Metropolitan Areas

No person shall cause or allow the emission ofnitrogen oxides into the atmosphere in anyone hour period from any existing fuel combustion emission source with an actual heat input equal to or greater than 73.2 MW (250 mmbtu/hr), located in the Chicago or St. Louis (Illinois) major metropolitan areas to exceed the following limitations: a) For gaseous and/or liquid fossil fuel firing, 0.46 kg/MW-hr (0.3 lbs/mmbtu) of actual heat input; b) For solid fossil fuel firing, 1.39 kg/MW-hr (0.9 lbs/mmbtu) ofactual heat input; c) For fuel combustion emission sources burning simultaneously any combination of solid, liquid and gaseous fuel, the allowable emission rate shall be determined by the following equation:

E 

### = (AG 

### + BL 

### + CS) Q

Where: E = allowable nitrogen oxides emissions Q 

### = actual heat input 

### G = percent ofactual heat input derived from gaseous fossil fuel L = percent ofactual heat input derived from liquid fossil fuel S = percent ofactual heat input derived from solid fossil fuel G 

### + L 

### + S = 100.0 and, where A, B, C and appropriate metric and English units are determined from the following table:

E Q A 

### B C Metric kg/hr MW 0.023 0.023 0.068 English lbs/hr mmbtu/hr 0.003 0.003 0.009d) Exceptions: This rule shall not apply to existing fuel combustion sources which are either cyclone fired boilers burning solid or liquid fuel, or horizontally opposed fired boilers burning solid fuel.

SUBPART K: PROCESS EMISSION SOURCES

Section 217.301 Industrial Processes a) New Industrial Processes. No person shall cause or allow the emission of nitrogen oxides into the atmosphere from any new process producing products of organic nitrations and/or oxidations using nitric acid to exceed the following standards and limitations: 1) 2.5 kg ofnitrogen oxides (expressed as nitrogen dioxide) per metric tonne ofnitric acid

## (loa percent acid basis) used in such new process (5

.

## albs/T). 2) Visible emissions in excess of5 percentopacity. b) Existing Industrial Processes. No person shall cause or allow the emission of nitrogen oxides into the atmosphere from any existing process producing products oforganic nitrations and/or oxidations using nitric acid to exceed 5.0 kg ofnitrogen oxides (expressed as nitrogen dioxide) per metric tonne ofnitric acid 

## (loa percent acid basis) used in such process (10.0 lbs/T). c) Exemption. Subsections (a) and (b) ofthis rule shall not apply to any industrial process using less than 90.7 metric tonnes (100 tons) ofnitric acid

## (loa percent acid basis) annually or which produces less than 907 kg 

## (l ton) ofnitrogen oxides (expressed as nitrogen dioxide) peryear. SUBPART 0: CHEMICAL MANUFACTURE

Section 217.381 Nitric Acid Manufacturing Processes a) New Weak Nitric Acid Processes. No person shall cause or allow the emission ofnitrogen oxides into the atmosphere from any new weak nitric acid manufacturing process to exceed the following standards and limitations: 1) 1.5 kg ofnitrogen oxides (expressed as nitrogen dioxide) per metric tonne ofacid produced (100 percent acid basis) (3.0 lbs/T); 2) Visible emissions in excess of5 percent opacity;3) 0.05 kg ofnitrogen oxides (expressed as nitrogen dioxide) permetric tonne ofacid produced (100 percent acid basis) from any acid storage tank vents (0.1 lbslT). b) Existing Weak Nitric Acid Processes. No person shall cause or allow the emission ofnitrogen oxides into the atmosphere from any existing weak nitric acid manufacturing process to exceed the following standards and limitations: 1) 2.75 kg ofnitrogen oxides (expressed as nitrogen dioxide) per metric tonne ofacid produced (l00 percent acid basis) (5.5 lbslT); 2) Visible emissions in excess of5 percent opacity; 3) 0.1 kg ofnitrogen oxides (expressed as nitrogen dioxide) per metric tonne ofacid produced (l00 percent acid basis) from any acid storage tank vents (0.2 lbs/T). c) Concentrated Nitric Acid Processes. No person shall cause or allow the emission ofnitrogen oxides into the atmosphere from any concentrated nitric acid manufacturing process to exceed the following standards and limitations: 1) 1.5 kg ofnitrogen oxides (expressed as nitrogen dioxide) per metric tonne ofacid produced (l00 percent acid basis)(3.0 lbs/T); 2) 225 ppm ofnitrogen oxides (expressed as nitrogen dioxide) in any effluent gas stream emitted into the atmosphere; 3) Visible emisisons in excess of5 percent opacity. d) Nitric Acid Concentrating Processes. No person shall cause or allow the emission ofnitrogen oxides into the atmosphere from any nitric acid concentrating process to exceed the following limitations: 1) 1.5 kg ofnitrogen oxides (expressed as nitrogen dioxide) per metric tonne ofacid produced (l00 percent acid basis) (3.0 lbs/T); 2) Visible emisisons in excess of5 percent opacity.

SUBPART T: CEMENT KILNS

Section 217.400 Applicability

The requirements ofthis Subpart shall apply to the types ofcement kilns listed below with process rates in tons per hour (TPH) ofclinkerproduced that are greaterthan or equal to the following:a) Long dry kilns

-- 12 TPH; b) Long wet kilns

-- 10 TPH; c) Preheaterkilns

-- 16 TPH; and d) Preheater/precalciner kilns

-- 22 TPH. (Source: Added at 25 Ill. Reg. 4597, effective March 15, 2001.)

Section 217.402 Control ReqUirements a) After May 30, 2004, an owner or operator ofany cement kiln subject to the requirements ofthis Subpart shall not operate the kiln during the initial control period or any subsequent control period, unless the owner or operator complies with subsection (a)(1), (a)(2), (a)(3), (a)(5) or (a)(6) ofthis Section for kilns that commenced operation prior to January 1, 1996, or subsection (a)(4) or (a)(6) of this Section for kilns that commenced operation on or afterJanuary 1, 1996. 1) The kiln is operated with a low-NOx burner or a mid-kiln firing system; 2) The kiln shall not exceed the applicable NOx emission limitation in pounds per ton ofclinker (lb/T), expressed in the rates listed below: A) Long dry kilns

-- 5.11b NOxiTofclinker; B) Long wet kilns

-- 6.0 lb NOx/Tofclinker; C) Preheater kilns

-- 3.8 lb NOxiTofclinker; or D) Preheaterlprecalciner kilns

-- 2.8 lb NOxiTofclinker. 3) The kiln achieves a 30 percent or greater reduction from its uncontrolled baseline, established as set forth in this subsection (a)(3), and complies with the following: A) Uncontrolled baseline emissions shall be determined using the following equation: 

### UBE 

### =

Where: 

### rEF x SPR] 2000 lbs NOx ITUBE Uncontrolled Baseline 

### NOx emissions expressed in tons of

### NOx per control period;

EF Emissions factor, expressed in lbs of

### NOx perton ofclinker produced per control period, based on one ofthe methods in subsection (a)(3)(B) ofthis Section; and

SPR Seasonal production rate, expressed in tons of clinker produced per control period, using the average ofthe two highest control period operating rates from the previous three-year period at the time the application for the permit with federally enforceable conditions is submitted to the Agency pursuant to subsection (a)(3)(C) ofthis Section. B) Emissions factors shall be determined using one ofthe folloWing methods: i) The average ofthe emission factors for the type ofkiln from the Compilation ofAir Pollutant Emission Factors (AP-42) and the Alternative Control Techniques Document



### -- NOx Emissions from CementManufacturing, as incorporated by reference in Section 217.104 ofthis Part; ii) The site-specific emission factor developed from representative emissions testing, pursuant to 40 CFR 60, Appendix A, Method 7, 7A, 7C, 7D, or 7E, incorporated by reference in Section 217.104 ofthis Part, based on a range oftypical operating conditions. The owner or operator must establish thatthese operating conditions are representative, subject to approval by the Agency, and must certify that the emissions testing is being conducted under representative conditions; or iii) An alternate method for establishing the emissions factors, when submitted with supporting data to substantiate such emissions factors and approved by the Agency as set forth in subsection (a)(3)(C) ofthis Section. C) The owner or operatormust submit an emission reduction plan to the Agency and obtain approval ofthat plan by the Agency. Such plan shall be effective only when contained as federally enforceable conditions in a permit. Such plan shall include any alternate procedures for monitoring, testing, reporting, orrecordkeeping approved by the Agency, or other provisions as appropriate. 4) Any kiln subject to this Subpartthat commenced operation on or after January 1, 1996, must meet the more stringent ofthe requirements ofthis Subpart or other CAA requirements, orrules promulgated thereunder, applicable to kilns. Ifa kiln is required to comply with a more stringent requirement pursuant to the CAA, and chooses to do so in lieu of complying with this Subpart, the owner or operator must submit an emissions reduction plan that demonstrates that compliance with the CAA requirementresults in emissions reductions that are equal to or exceed the requirements ofthis Section and obtain a permit containing federally enforceable conditions addressing such CAA requirement. 5) The owner or operator obtains an alternate emissions standard for operating the kiln pursuant to Section 28.1 ofthe Act [415 ILCS 5/28.1], and in accordance with 35 Ill. Adm. Code 104, Subpart D, provisions for adjusted standards. An adjusted standard or alternate emissions standard with an alternate compliance schedule shall be granted by the Board to the extent consistentwith federal law. Such alternate shall be effective only when included as a federally enforceable condition in a permit approved by USEPA or approved as a SIP revision. The adjusted standard shall include any alternate procedures for control, compliance, monitoring, operation, testing, reporting, or recordkeeping that are appropriate. In addition, the owner or operator must demonstrate, as justification for the adjusted standard, that the control requirements contained in this Subpart, as they apply to cement kilns, meet one or more ofthe following criteria: A) Unreasonable cost ofcontrol resulting from plant, age, location or basic process design; B) Physical impossibility ofinstalling necessary control equipment; or C) Other factors specific to the cement kiln that support an alternate emissions standard. 6) The owner or operator obtains approval by the Agency and USEPA to allow the kiln to participate in the federal NOx Trading Program. Such participation will be effective upon issuance ofa permit containing all necessary federally enforceable permit conditions addressing the kiln Is participation in the federal NOx Trading Program pursuant to 40 CFR 96 and the Illinois NOx Trading Program regulations at 35 Ill. Adm. Code Part 217. The owner or operatoris not subjectto the requirements of this Subpart for the duration ofits participation in the NOx TradingProgram, except for the requirement to submit the initial compliance report pursuant to Section 217.408(a) ofthis Subpart. b) Notwithstanding any other provisions ofthis Subpart, a source and units at the source subject to the provisions ofsubsection (a) ofthis Section will become subjectto this Subpart on thefirst day ofthe controlseason subsequentto the calendaryearin which all ofthe otherstates subject to theprovisions oftheNOx SIP Call (63 Fed. Reg. 57,355 (October 27, 1998)) thatare locatedin USEPA Region Vor thatare contiguous to Illinois have adoptedregulations to implement NOx tradingprograms andotherrequiredreductions of NOx emissionspursuant to the NOxSIP Call, andsuch regulations have receivedfinal approvalby USEPA aspartofthe respective states' SIPSfor ozone, orafinal FIPfor ozone promulgatedby USEPA is effectivefor such otherstates. [415 ILCS 5/9.9(£1] (Source: Added at 25 Ill. Reg. 4597, effective March 15, 2001.)

Section 217.404 Testing a) Any owner or operator ofa kiln that commenced operation prior to May 1, 2003, and using a 10w-NOxburner or mid-kiln firing system to demonstrate compliance pursuantto Section 217.402(a)(l) ofthis Subpart must maintain and operate the device according to the manufacturer Is specifications as approved by the Agency. b) Any owner or operator ofa kiln that commenced operation priorto May 1, 2003, and demonstrating compliance pursuantto Section 217.402(a)(2), (a)(3)

### (C), or (a)(5) ofthis Subpartmust complete an initial performance test between May 1, 2003, and May 30, 2004, and subsequent annual testing during each control period in which the kiln is operated. This testing must be consistent with the requirements of40 CFR 60, Appendix A, Method 7, 7A, 7C, 7D, or 7E, incorporated by reference in Section 217.104 ofthis Part, or such alternate test method that has been approved by the Agency pursuantto Section 217.402 (a)(3)(C) ofthis Subpart or the Board pursuant to Section 217.402 (a)(5) ofthis Subpart. c) The owner or operator ofa kiln that commences operation on or after May 1, 2003, must complete, as appropriate, an initial performance test within one year after initial startup and subsequent annual testing during each control period in which the kiln is operated. This testing must be consistent with the test methods listed in subsection (b) ofthis Section. (Source: Added at 25 Ill. Reg. 4597, effective March 15, 2001.)

Section 217.406 Monitoringa) The owner or operator ofa kiln subjectto this Subpartmust submit a complete monitoring plan addressing the applicable requirements ofsubsection (b) ofthis Section to the Agency and obtain approval ofsuch plan by the Agency. The monitoring plan shall identify the operating conditions to be monitored and the records to be maintained under Section 217.410 ofthis Subpart. For any kiln that commences operation on orbefore August 31, 2003, such plan shall be submitted on or before August 31, 2003. For any other kiln subject to this Subpart, such plan shall be submitted with the construction permit application for such kiln. Such plan will be effective only when included as federally enforceable conditions in apermit issued by the Agency. b) The plan must: 1) Identify the specific operating conditions to be monitored and the correlation between the operating conditions and NOx emission rates; 2) Include the data and information that the owner or operator used to identify the correlation between NOx emission rates and these operating conditions; 3) Identify how the owner or operatorwill monitor these operating conditions on an hourly or other basis, as approved by the Agency, the quality assurance procedures or practices that will be employed to ensure that the data generated by monitoring these operating conditions will be representative and accurate, and the type and format ofthe records of these operating conditions that will be maintainedby the owner or operator under Section 217.410 ofthis Subpart; 4) Ifoperating a 10w-NOxburner or mid-kiln firing system, the plan must include only monitoring the parameters indicated in the manufacturer's specifications and recommendations for the 10w-NOx burner or mid-kiln firing system as approved by the Agency; and 5) Notwithstanding the requirements ofsubsections (b)

### (1) and (b)(2) ofthis Section requiring the monitoring ofoperating parameters, ifthe owner or operator elects to monitor NOx emissions using a continuous emissions monitoring system (CEMS), the owner or operator must submit a monitoring plan subjectto approval by the Agency that contains the applicable provisions of40 CFR 60.13 and ofMethod 7E in Appendix A contained in 40 CFR 60, as incorporated by reference in Section 217.104 ofthis Part, and additional provisions regarding accuracy, data capture, and monitoring frequency.c) The owner oroperatormust monitor the operating parameters ofthe emission unit and predict NOx emission rates in accordance with the plan specified in the applicable operating permit. (Source: Added at 25 Ill. Reg. 4597, effective March 15, 2001.)

Section 217.408 Reporting a) By May 31, 2004, or within one year afterinitial startup, whichever occurs later, the owner or operator ofakiln subject to the requirements ofthis Subpart must submitto the Agency an initial compliance certification for each kiln subject to the requirements ofSection 217.402 ofthis Subpart. This certification must contain the following information as applicable: 1) The identity and type ofeach kiln subjectto this Subpart, the name and address ofthe plantwhere the kiln is located, and the name and telephone number ofthe person responsible for demonstrating compliance with this Subpart; 2) A demonstration that each kiln is in compliance with Section 217.402 of this Subpart, identifying the provision with which it is complying and is accompanied by a summary ofthe approved compliance method, e.g., performance testfor the kiln and other supporting data being relied upon by the owner or operator; 3) Ifdemonstrating compliance by use ofa 10w-NOx burner or mid-kiln firing system pursuantto Section 217.402(a)(l) ofthis Subpart, a copy of the manufacturer's recommended maintenance and schedule for maintenance as approved by the Agency; 4) Ifdemonstrating compliance pursuant to Section 217.402(a)(3)(C) or (a)(5) ofthis Subpart, the date on which the permit containing the emission reduction plan or SIP revision was received as federally enforceable conditions; and 5) Ifdemonstrating compliance pursuant to Section 217.402(a)(6) ofthis Subpart, the date ofissuance and the identification ofthe permit authorizing, through federally enforceable conditions, participation in the federal NOxTrading Program. b) Beginning in 2004, by December 31 ofeach year, owners and operators complying with this Subpart pursuant to Section 217.402(a)(1), (a)(2), (a)(3), (a)(4), or (a)(5) must, as a seasonal component ofits annual emission report pursuantto 35 Ill. Adm. Code 254, report the total NOx emissions ofeachsubjectkiln during the control period ofeach year to the Agency, ifthe kiln operated during this period. (Source: Added at 25 Ill. Reg. 4597, effective March 15, 2001.)

Section 217.410 Recordkeeping a) Any owner or operator ofa cement kiln subject to this Subpart must produce and maintain records that include, but are not limited to: 1) Emissions in pounds ofNOx per ton ofclinker produced from each kiln subjectto the requirements ofSection 217.402(a)(2), (a)(3)(C) or (a)(5) of this Subpart; 2) The date, time, and duration ofany startup, shutdown, or malfunction in the operation ofany cement kiln subject to this Subpart or any emissions monitoring equipment. The records shall include a description ofthe malfunction and maintenance activity; 3) Ifoperating a 10w-NOxburner or mid-kiln firing system: the date, time and duration ofany regularly scheduled maintenance, with a description ofthe activity, and tons ofclinker produced from each kiln; 4) The results ofany required performance testing; 5) Daily cementkiln clinker production in tons per day; and 6) The records ofmonitoring required by Section 217.406 ofthis Subpart. b) All records required to be produced or maintained shall be retained on site for a minimum ofthree years and be made available to the Agency upon request. (Source: Added at 25 Ill. Reg. 4597, effective March 15, 2001.)

SUBPART U: NOxCONTROL AND TRADING PROGRAM FOR SPECIFIED NOxGENERATING UNITS

Section 217.450 Purpose

The purpose ofthis Subpart is to cap the emissions ofnitrogen oxides (NOJ during the ozone control period from units subjectto the provisions ofthis Subpart (budgetunits) by determining source allocations and by implementing the federal NOxTrading Program, 40 CFR 96, consistentwith the provisions ofthis Subpart.(Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

Section 217.452 Severability 

### Ifany Section, subsection or clause ofthis Subpart is found invalid, such finding shall not affect the validity ofthis Subpart as awhole or any Section, sentence or clause not found invalid. (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

Section 217.454 Applicability a) 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: 1) A unit listed in Appendix E ofthis Subpart, irrespective ofany subsequent changes in ownership, unit designation, or name ofthe unit; or 2) A unit not listed in Appendix E ofthis Subpart that: A) At no time serves agenerator producing electricity for sale; B) At any time serves a generatorproducing electricity for sale, if such generatorhas a nameplate capacity of25 MWe or less and has the potential to use no more than 50% ofthe potential electrical output capacity ofthe unit. Fifty percent ofaunit's potential electrical output capacity shall be determined by multiplying the unit's maximum design heat inputby 0.0488 MWe/mmbtu. Ifthe size ofthe generatoris smaller than this calculated number, the unit is subject to the provisions ofthis Subpart, but ifthe size ofthe generator is greater than this calculated number, the unit is subjectto the provisions ofSubpart W ofthis Part; C) Is part ofany source, as that term is defined in 35 Ill. Adm. Code Section 211.6130, listed in Appendix E ofthis Part; or D) Is a unit subject to SubpartW ofthis Part (excluding any unit listed in Appendix F ofthis Part, regardless ofany change in ownership or any change ofoperator), and the owner or operator makes a permanent election, at the time ofapplying for a budget permitpursuant to this Part, to subject the unit to the requirements ofthis Subpart rather than SubpartW ofthis Part. Any unit forwhich such an election is made will notreceive an allocation from the Subpart U or Subpart W NOxTrading Budget. b) Those units that meetthe above criteria and are subjectto the NOxTrading Program emissions limitations contained in this Subpart are budget units. c) Low-emitter status: Notwithstanding subsection (a) ofthis Section, the owner or operator ofa budget unit subjectto the requirements ofsubsection (a) ofthis Section may elect low-emitter status by obtaining a permit with federally enforceable conditions that meetthe requirements ofSection 217

.472(a)

. Starting with the effective date ofsuch permit, the unit shall be subject only to the requirements ofSection 217.472. d) The owner or operator ofany budgetunit not listed in Appendix E ofthis Part but subject to this Subpart shall not receive an allocation ofNOx allowances from the Subpart U or SubpartW NOxTrading Budget, exceptfor any allowance from the new source set-aside in accordance with Section 217.468 ofthis Subpart. Such unit must acquire NOx allowances in an amount not less than the NOx emissions from such budget unit during the control period (rounded to the nearest whole ton) in accordance with the federal NOxTrading Program, Subpart X ofthis Part or pursuant to a permanent transfer ofNOx allocations pursuant to Section 217.462(b) ofthis Subpart. e) Notwithstanding any other provisions ofthis Subpart, a source and units at the source subject to the provisions ofsubsection (a) ofthis Section will become subjectto this Subpart on thefirst day ofthe control season subsequentto the calendaryearin which all ofthe otherstates subject to theprovisions oftheNO x SIP Call (63 Fed. Reg. 57355 (October 27, 1998)) thatare locatedin USEPA Region V

### orare thatcontiguous to Illinois have adoptedregulations to implement NOx tradingprograms andotherrequiredreductions of NO x emissionspursuant to the NOx SIP Call, andsuch regulations have receivedfinal approval by USEPA 

### aspartofthe respective states' SIPsfor ozone, 

### orafinal FIPfor ozone promulgatedby USEPA is effective. [415 ILCS 5/9.9(0] (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

Section 217.456 Compliance Requirements

All budgetunits subjectto the requirements ofthis Subpart must comply with the following: a) The requirements ofthis Subpart and 40 CFR 96, excluding 40 CFR 96.4(b), 96.55(c) and subparts C, E, and I, as incorporated by reference in Section 217.104 ofthis Part. To the extentthat this Subpart contains provisions whichare inconsistentwith any provisions of40 CFR 96, the owner or operator of budget units subject to this Subpartshall comply with the provisions ofthis Subpart in lieu ofthose provisions which were incorporated by reference. b) Budgetpermit requirements: 1) The owner or operator ofeach source with one or more budget units at the source subject to this Subpart must submit a complete permit application for abudget permit in accordance with the provisions of Section 217.458(a)(4), (a)(5) or (a)(6), as applicable, to be issued by the Agency with federally enforceable conditions covering the NOxTrading Program (budgetpermit), and that complies with the requirements of Section 217.458 ofthis Subpart. 2) The owner or operator ofone or more budget units subject to this Subpart must operate each such budget unitin compliance with such budget permit or complete budget permit application, as applicable. 3) The owner or operator ofone or more budget units subject to this Subpart, at the time offiling an application for apermit 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 ofthe owneror operatorofthe source and the Agency shall incorporate such election into apermit issued to the source pursuantto this Subpart. c) Monitoring requirements: 

### 1) Forbudgetunits subjectto the requirements ofthis Subpart, and which commence operation on and afterJanuary 1, 2000, the owneror operator ofeach such budgetunit at the source must comply with the monitoring requirements of40 CFR 96, subpart H. The accountrepresentative of each such budget unit at the source shall comply with those sections of the monitoring requirements of40 CFR 96, subpart H, applicable to an account representative. 2) The compliance ofeach budgetunit subjectto the requirements of subsection (c)(1) or subsection (c)(3)(A) ofthis Section with the control period NOx emissions limitation under subsection (d) ofthis Section shall be determined by the emissions measurements recorded and reported in accordance with 40 CFR 96, subpart H. 3) Forbudget units which commenced operation prior to January 1, 2000:A) The owner or operator ofeach such budget unit at the source must comply with the requirements of40 CFR 96, subpart H; or B) Ifthe monitoring requirements of40 CFR 96, subpart H, are demonstrated by the source to be technically infeasible as applied to abudgetunit subjectto the requirements ofthis Subpart, the owner or operator ofsuch budget unit may monitor by an alternative monitoring procedure for the budget unit approved by the Agency and the Administrator ofUSEPA pursuant to the provisions of40 CFR 75, subpart E. Such alternative monitoring procedures mustbe contained as federally enforceable conditions in the unit's permit. 4) The compliance ofeach budgetunit subjectto the requirements of subsection (c)(3)(B) ofthis Section shall be determined by the emissions measurements recorded and reported in accordance with the federally enforceable conditions in the budgetunit's permit addressingmonitoring as required by subsection (c)(3)(B) ofthis Section. d) Allowance requirements: 1) As ofNovember 30 ofeach year, the allowance transfer deadline, the account representative ofeach source subjectto the requirements ofthis Subpart must hold allowances available for compliance deductions under 40 CFR 96.54 for each budgetunit at the source subjectto this Subpart in the budget unit's compliance accounts, orthe source's overdraft account. The number ofallowances held in these accounts shall not be less than the total NOxemissions for the control period (rounded to the nearest whole ton), as determined in accordance with subsection (c) of this Section, plus any number ofallowances necessary to account for actual utilization (e.g., for testing, start-up, malfunction, and shut down) under 40 CFR 96.42(e) for all budgetunits at the source subjectto this Subpart. Compliance with this provision shall be demonstrated if, as of the allowance transfer deadline, the sum ofthe allowances available for compliance deductions for all budgetunits at the source subjectto this Subpart is equal to or greater than the total NOxemissions (rounded to the nearest whole ton) from all budgetunits at the source subject to this Subpart. 2) 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.3) Each ton ofNOx emitted by a source with one or more budget units subjectto this Subpart in any control period in excess ofthe NOx allowances held by the owner or operatorfor each budget unit at the source subjectto this Subpart for each control period shall constitute a separate violation ofthis Subpart and the Act. 4) In orderto comply with the requirements ofsubsection (d)

### (1) ofthis Section, an allowance may not be utilized for a control period in ayear prior to the year for which the allowance was allocated. 5) An allowance allocated by the Agency or USEPA under the NOx Trading Program is a limited authorization to emit one ton ofNOx' No provision ofthe NOxTrading Program, any permit issued orpermit application submitted pursuant to this Subpart, or an exemption under 40 CFR 96.5 and no provision oflaw shall be construed to limitthe authority ofthe United States orthe State to terminate or limit this authorization. 6) An allowance allocated by the Agency or USEPA under the NOx Trading Program or pursuant to this Subpart does not constitute a property right. 7) Upon recordation by USEPA under 40 CFR 96, subpart F or G, every allocation, transfer, ordeduction ofan allowance to orfrom 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 ofany budget permit ofthe budget unit. This automatic amendment ofthe budget permit shall occurby operation oflaw and will not require any further review. e) Recordkeeping and reporting requirements: 

### 1) Unless otherwise provided, the owner or operatorofa source subjectto the requirements ofthis Subpart mustkeep at the source each ofthe documents listed in subsections (e)(l)(A) through (e)(l)(D) ofthis Section for aperiod of5 years from the date the documentis created. This period may be extended for cause at any time prior to the end of5 years in writing by the Agency or USEPA. A) The account certificate ofrepresentation for the account representative for the source and each budgetunit at the source subjectto the requirements ofthis Subpart and all documents that demonstrate the truth ofthe 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 onsite at the source beyond such five-year perioduntil such documents are superseded because ofthe submission ofa new account certificate ofrepresentation changing the account representative. B) All emissions monitoring information, in accordance with subsection (c) ofthis 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. C) Copies ofall reports, compliance certifications, and other submissions and all records made or reqUired under this Subpart or the NOxTrading Program or documents necessary to demonstrate compliance with the requirements ofthis Subpart or the NOxTrading Program. D) Copies ofall documents used to complete abudgetpermit application and any other submission under this Subpart or under the NOxTrading Program. 

### 2) The accountrepresentative ofa source and each budget unit at the source subject to the requirements ofthis Subpart must submit to the Agency and USEPA the reports and compliance certifications required under this Subpart and the NOxTrading Program, including those under 

### 40 CFR 96, subparts D and 

### H. f) Liability: 1) No revision ofa budget permit shall excuse any violation ofthe requirements ofthe NOx Trading Program orthis Subpart that occurs priorto the date that the revision under such budget permit takes effect. 2) Each budget source and each budgetunit at the source shall meetthe requirements ofthe NOxTrading Program. 3) Any provision ofthis Subpart or the NOxTrading Program that applies to a source subject to the requirements ofthis Subpart (including a provision applicable to the account representative ofthe source) shall also apply to the owner and operator ofsuch source and to the owner and operator ofthe budgetunits subjectto the requirements ofthis Subpart at the source. 4) Any provision ofthis Subpart or the NOxTrading Program that applies to abudgetunit subjectto the requirements ofthis Subpart (including aprovision applicable to the account representative ofsuch budgetunit) shall also apply to the owner and operator ofsuch 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 ofone budgetunit shall notbe liable for any violation by any otherbudgetunit ofwhich they are not an owner or operator orthe account representative and that is located at a source of which they are not an owner or operator or the account representative. 5) Excess emissions requirements: The account representative ofa source that has excess emissions in any control period shall surrender the allowances as required for deduction under 40 CFR 96.54(d)

### (1). 6) The owner or operator ofabudget 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 CFR 96.54(d)(3) and the Act. g) Effect on other authorities: No provision ofthis Subpart, the NOxTrading Program, abudget permit application, abudget permit, or aretired budget unit exemption under 40 CFR 96.5 shall be construed as exempting or excluding the owner or operator and, to the extent applicable, the account representative ofa source or budget unit from compliance with any other regulations promulgated under the CAA, the Act, an approved State implementation plan, or a federally enforceable permit. (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

Section 217.458 Permitting Requirements a) Budgetpermit requirements: 1) The owner or operator ofeach source with one or more budgetunits subject to this Subpartis required to timely submit, in accordance with subsection (a)(4), (a)(5), or (a)(6) ofthis Section, as applicable, a complete permit application addressing all requirements ofthis Subpart applicable to such budgetunits. 2) Each budgetpermit (including a draft orproposed budget permit, if applicable) shall contain federally enforceable conditions addressing all applicable requirements ofthe NOxTrading Program and requirements of this Subpart and shall be a complete and segregable portion ofthe source's entire permit. 3) No budget permit will be issued, and no NOx allowance account will be established for any budget unit subject to this Subpart, until the Agencyand USEPA have received a complete account certificate of representation under 40 CFR 96, subpart B, for an account representative ofthe source and each budgetunit at the source subjectto this Subpart. 4) For any budget unit subjectto this Subpartthat commenced operation before November 1, 2003, and for which a CAAPP permitis not required pursuantto Section 39.5 ofthe Act, the owner or operator of such budget unit must submit a budget permit application meeting the requirements ofthis Subpart on or before November 1, 2003. 5) For any budget unit subject to this Subpart that commenced operation before August 1, 2003, and for which a CAAPP permit is required pursuant to Section 39.5 ofthe Act, the owner or operator ofsuch budget unit must submit abudget permit application meeting the requirements ofthis Subpart on or before August 1, 2003. 6) For any budget unit subjectto this Subpart thatis subject to Section 39.5 ofthe 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 ofthe Act that commences operation on or after November 1, 2003, the owner or operator ofsuch budget units must submit applications for construction and operating permits pursuantto the requirements of Sections 39 and 39.5 ofthe Act and 35 Ill. Adm. Code 201 and such applications must specify that they are applying for budget permits, and must address the budgetpermit application requirements ofthis Subpart. b) Budget permit applications: 1) Duty to apply: The owner or operator ofany source with one or more budgetunits subjectto this Subpart must submit to the Agency one or more complete budget permit applications under subsection (b)(2) ofthis Section for such budgetunits by the applicable deadline in subsection (a)(4), (a)(5), or (a)(6) ofthis Section. The owner or operator ofany source with such budgetunits must reapply for a budget permit as required by this Subpart, and 35 Ill. Adm. Code 201 and Sections 39 and 39.5 ofthe Act. 2) Information requirements for budgetpermit applications: A complete budgetpermit application must include the following elements concerning the budgetunits for which the application is submitted: A) Identification ofthe source, including plantname. The ORIS (Office ofRegulatory Information Systems) orfacility code assigned to the source by the Energy Information Administration must also be included, ifapplicable;B) Identification ofeach fossil fuel-fired combustion turbine, stationary boiler or combined cycle system budget unit at the source; 

### C) An explanation why each budget unit is subject to the requirements ofSection 217.454 ofthis Subpart; and D) The compliance requirements ofSection 217.456 ofthis Subpart. 3) Federally enforceable status ofbudgetpermit: An application for a budget permit shall be treated as a modification ofthe source Is existing federally enforceable permit, ifsuch permit has been issued for the source, and shall be subject to the same procedural requirements as the original application. When the Agency issues a budget permit it shall be incorporated into and become a segregable part ofthe source Is existing federally enforceable permit. (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

Section 217.460 Subpart U NOxTrading Budget a) The initial NOx allowances available for allocation for each control period (the Subpart U NOxTrading Budget) for budgetunits subjectto the provisions ofthis Subpart shall be 4,882 tons percontrol period, subjectto adjustment in accordance with subsections (b), (c) and (d) ofthis Section, and subject to the new source set-aside for budget units subject to this Subpart, as setforth in Sections 217.462 and 217.464 ofthis Subpart. The Subpart U NOxTrading Budget shall be initially allocated as setforth in Appendix E ofthis Part. b) The Agency may adjust the Subpart U NOxTrading Budget available for allocations in subsection (a) ofthis Section by adding allowances for budget units subject to this Subpart opting to become subjectto this Subpartpursuant to the requirements for opt-in units in Sections 217.474 and 217.476 ofthis Subpart. c) The Agency shall adjustthe Subpart U NOx Trading Budget available for allocations in subsection (a) ofthis Section to remove allowances from units opting to become exempt pursuant to the requirements for low-emitters in Sections 217.454(c) and 217.472 ofthis Subpart. d) Except as set forth in subsection (e) ofthis Section, ifUSEPA adjusts the base Subpart U NOxTrading Budget of4,882 allowances, the Agency will adjust the Subpart U NOxTrading Budget pro-rata.e) IfUSEPA adjusts the Subpart U NOxTrading Budgetas to any individual budgetunit, the Subpart U NOxTrading Budget shall notbe adjusted pro-rata, and only the allowance allocation for that budgetunit will be adjusted. (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

Section 217.462 Methodology for Obtaining NOxAllocations a) Appendix E ofthis Part identifies the sources with existing budgetunits subject to this subpart and the number ofNOxallowance allocations that each such budgetunit is eligible to receive each control period, subject to adjustmentin accordance with Section 217.460 ofthis subpart and for transfers made in accordance with subsection (b) ofthis section. Each named budget unit's allocation will be adjusted proportionally based on the adjusted Subpart U NOx Trading Budget as provided by Section 217.460 ofthis Subpart. b) The owner or operator ofbudgetunits subject to this Subpart may permanently transfer all or part oftheir allocation ofallowances pursuant to Column 5 of Appendix E ofthis part, subject to adjustment in accordance with this Subpart, to anotherbudget unit subjectto this Subpart, or to abudgetunit subjectto Subpart W ofthis Part. Suchtransfer will be effective by submitting awritten request to the Agency that is signed by the account representative for the transferring budgetunit and containing the account numberfor the recipient budgetunit. The owner or operator ofbudgetunits subject to this Subpart may not permanently transfer all or part ofthe new source set-aside indicated as the difference between Column 4 and Column 5 ofAppendix E ofthis Part. c) Subjectto adjustment in accordance with this Subpart, orrevocation or revision ofthe federal NOxTrading Program orthis Subpart, allocations pursuantto Appendix E ofthis Part exist for the life ofthe program, including all or a portion ofany allocation transferred to anotherbudgetunit pursuant to the provisions ofthis Subpart. (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

Section 217.464 Methodology for Determining NOxAllowances from the New Source Set-Aside a) The methodology for calculating the allowances available to be allocated to new budgetunits subject to this Subpart from the new source set-aside is based on the more stringentemission rate of0.15 lbs/mmbtu orthe permitted NOx emission rate, butnot less than 0.055 lbs/mmbtu. b) The general equation for determining allowances is:

### A HI x ER 2000

Where HI 

## = heatinput (in mmbtulcontrol period) as determined in accordance with subsection (c) ofthis Section.

Where ER 

### = The NOx emission rate in lbs/mmbtu as determined in accordance with subsection (a) ofthis Section.

Where A 

### = allowances ofNO/control period. c) The projected heat input shall be determined as set forth below, divided by 2000 lbs/ton: 

### 1) For "new" budget units subject to this Subpartthat have seasonal heat inputfrom at least 3 control periods priorto the allocation year, the average ofthe budget unit's 2 highest seasonal heat inputs from the control periods 1 to 3 years priorto the allocation year; 2) For "new" budget units subjectto this Subpartthat have seasonal heat input from only 2 control periods prior to the allocation year, the average ofthe budget unit's seasonal heat inputs from the control periods 1 and 2 years priorto the allocation year; 3) For "new" budget units subjectto this Subpartthathave seasonal heat inputfrom only the control period priorto the allocationyear, the heat inputfrom that control period; or 4) For "new" budget units subject to this Subpart that have not operated for at least 77 days ofthe control period priorto the allocationyear, the budget unit's maximum design heatinput for the control period as designated in the construction permit. (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

Section 217.466 NOxAllocations Procedure for Subpart U Budget Units

For each control period, the Agency will allocate the total number ofNOxallowances in the Subpart U NOxTrading Budget apportioned to budget units under Section 217.460 ofthis Subpart, subjectto adjustment as provided in this Subpart. These allocations will be issued as proVided in subsections (a) and (b) ofthis Section, as follows:a) The Agency will allocate to each budget unit that is listedin Appendix E ofthis Part the number ofallowances listed in Column 5 ofAppendix E ofthis Part for that budget unit for each 3-yearperiod ofthe program. The Agency will report these allocations to USEPAby March 1 of2004, and triennially thereafter. b) The Agency will allocate allowances from the new source set-aside to "new" budgetunits as set forth in Section 217.468 ofthis Subpart. c) The Agency will report allocations from the new source set-aside to USEPA by April 1 ofeach year for the following year. d) To the extent that allowances remain in the new source set-aside after any allocation pursuant to subsection (b) ofthis Section, the Agency shall allocate any such remaining allowances pro-rata to the owner or operator ofthe budget units listed in Appendix E ofthis Part to the extent awhole allowance may be allocated to any such owner or operator. The Agency will make such allocation by April 15 ofeach year. Ifthere are insufficient allowances to allocate awhole allowance to any such owner or operator ofabudget unit listed in Appendix E ofthis 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: 

### 1) Be available for allocation to new budgetunits for future control periods, subject to the provisions ofSection 217.468 ofthis Subpart; or 2) 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 ofexisting budgetunits listed in Appendix E ofthis Part on a pro-rata basis, such accumulated whole allowances shall be allocated pro-rata to such owner or operators. (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

Section 217.468 New Source Set-Asides for "New" Budget Units a) For the 2004, 2005 and 2006 control periods, a "new" budgetunitis one that commenced commercial operation on or afterJanuary 1, 2000. For the 2007 and later control periods, a "new" budgetunit is one that commenced commercial operation no more than 3 control periods priorto the yearthe allocation is requested pursuantto this Section. Those units that commenced commercial operation on or afterJanuary 1, 2000, but before May 31, 2004, become "existing" budgetunits on October 1, 2004. Those units that commenced commercial operation on or afterMay 31, 2004, become "existing" budget units the end ofthe third control period after they commenced commercial operation.b) "New" budget units must have an allowance for every ton ofNOx emitted during the control period as provided in Section 217.456(d) ofthis Subpart. c) The Agency will establish a new source set-aside for each control period from which "new" budget units may purchase NOx allowances. Each new source setaside will be allocated allowances equal to 3% ofeach source's initial total Subpart U NOxTrading Budget allocation as reflected in Column 5 ofAppendix E ofthis 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% ofthe source's initial allocation, without regard to subsequent adjustment to any such sourceIS current allocation, including permanent transfer ofallowances to another source or revision ofthe Subpart U NOxTrading Budget by USEPA. d) A "new" budget unit may request to purchase from the Agency a number of allowances that is not more than the number ofallowances for which it is eligible, as determined in Section 217.464 ofthis Subpart, and subject to the provisions ofthis Section. e) The account representative ofa "new" budgetunit under subsection (a) ofthis 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 setaside. The allocation request for each applicable control period must be submitted afterthe date on which the Agency issues a construction permit to the "new" budget unit and before February 1 ofthe control period for which the allocation is requested. f) The Agency will notify the account representative by March 1 ofthe applicable year ofthe number ofallowances that are eligible for purchase for the "new" budgetunit pursuantto the requirements ofthis Section. Ifthe Agency does not receive payment by March 15 ofthe applicable year, the account representative will forfeit his/hereligibility to purchase the allowances offered. The Agency will make available for purchase those forfeited allowances on apro-rata basis to "new" budget units requesting allocations pursuant to this Section, up to the number ofallowances requested by each account representative. Such additional allocations are subjectto the purchase requirements ofsubsection 

### (g) ofthis Section. g) The price ofallowances from the new source set-aside shall be: 1) For 2004 only, the price shall be the average price at which NOx allowances were traded in 2003 in the Ozone Transport Region; and2) For all years otherthan 2004, the average price at which NOxallowances

were traded in the interstate NOx Trading Program for the preceding control period. h) The fees collected by the Agency from the sale ofallowances will be distributed pro-rata to budget units receiving allowances pursuantto Appendix E ofthis Part on the basis ofallocated allowances, subjectto Agency administrative costs assessed pursuantto Section 9.9 ofthe Act. (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

Section 217.470 Early Reduction Credits (ERCs) for Budget Units

Ifabudget unit reduces its NOx emission rate as required by the applicable provisions of subsection (c) ofthis Section in the 2001 or 2002 control period, or ifapproved by USEPA the 2003 control period, for use in 2004 control period, or later control periods authorized by USEPA, the account representative may request early reduction credits (ERCs) for such reductions, and the Agency will allocate ERCs to the budget unit in accordance with the following: a) Each budget unit for which the accountrepresentative requests any ERCs under subsection (d) ofthis Section must monitor NOxemissions in accordance with 40 CFR 96, subpart H, as incorporated by reference in Section 217.104 ofthis Part, starting with the control period priorto the control period for which ERCs will first be requested and for each control period for which ERCs will be requested. For example, ifERCs are requested for reductions made in the 2001 control period, the budget unit must have implemented the applicable monitoring for the 2000 control period. The budgetunit's monitoring system availability must be at least 90% during the control period priorto the control period in which the NOxemissions reduction is made and the budgetunit must be in compliance with any applicable State or federal emissions or emissions-related requirements. b) The NOxemission rate and heat input under subsections (c) through (e) ofthis Section shall be determined in accordance with 40 CFR 96, subpart H. c) Each budgetunit for which ERCs are requested under subsection (d) ofthis Section must have reduced its NOx emission rate for each control period for which ERCs are requested by 30% or more below the actual NOxemissions rate (lbs/mmbtu) for the first control period in which ERC's arerequested. d) The account representative ofa budget unit that meets the requirements of subsections (a) through (c) ofthis Section may submit to the Agency a requestfor ERCs for the budget unit based on NOxemission rate reductions made by the budget unit in control periods 2001, 2002 and 2003. 1) The number ofERCs that may be requested for any applicable control period shall be an amount equal to the budgetunit's heat inputfor such control period multiplied by the difference between the budget unit's NOx emission rate (meeting the requirements ofsubsection (c) ofthis Section for the applicable control period) and the budget unit's actual NOx emission rate for the applicable control period, divided by 2000 lbs/ton, and rounded to the nearest ton; 2) Upon request ofthe account representative, the ERC allowance allocation for aparticular budget unit may be deposited in the source's overdraft account rather than in the budget unit's compliance account; and 3) The early reduction request must be submitted by November 1 for reductions made in the previous control period, in a format specified by the Agency. e) In the event that the May 31, 2004 date for implementing the NOx SIP Call is delayed, the early reduction request must be submitted in accordance with any rulemaking or guidance by USEPA on the distribution ofthe Compliance Supplement Pool under the NOxSIP Call, 63 Fed. Reg.57356 (October 27, 

### 1998)

. f) The Agency will allocate ERCs to the budget units meeting the requirements of subsections (a) through (c) ofthis Section and covered by ERC requests meeting the requirements ofsubsection (d) ofthis Section in accordance with the following procedures: 1) The Agency shall allocate no more than 2,427 ERCs over three years, as follows: A) Not more than one-halfofthe total ERC allowances for reductions made in the control period in 2001; B) Not less than one-halfofthe total ERC allowances for reductions made in the control period in 2002; and C) Ifapproved by USEPA, any ERC allowances not allocated pursuant to subsection 

### (f)(1)(A) or (B) ofthis Section, for reductions made in the control period in 2003.2) Ifthe number ofERC allowances requested for a reduction achieved in any control period is less than or equal to the number ofERC allowances designated for that control period in subsection 

### (f)(1) ofthis Section, the Agency will allocate one allowance for each accepted ERC request; and 3) Ifthe number ofERC allowances requested for a reduction achieved in any control period is greaterthan the number ofERC allowances designated for that control period in subsection 

### (f)(1) ofthis Section, the Agency will allocate allowances for accepted requests on a pro-rata basis. g) By April 1, the Agency will notify the account representative submitting an ERC request for the subsequent control period ofthe number ofERC allowances that will be allocated to each budget unit for that control period. h) By May 1, 2004, the Agency will submitto 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 requirements ofthis Section. i) ERC allowances recorded under subsection (h) ofthis Section may be deducted under 40 CFR 96.54, as incorporated by reference in Section 217.104 ofthis Part, for the control period in 2004 or such control periods as may be specified by USEPA. Notwithstanding 40 CFR 96.55(a), USEPA will deduct as retired any ERC allowances that are not deducted for compliance in accordance with 40 CFR 96.54 for the control period in 2004 or such control periods as may be specified by USEPA. j) ERC allowances are treated as banked allowances in 2004 for the purposes of40 CFR 96.55(a) and (b). (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

Section 217.472 Low-Emitter Requirements Starting with the effective date ofthe permitreferred to in Section 217.454(c), the budgetunit electing low-emitter status shall be subject only to the requirements ofthis Section. a) For each control period the owner or operator elects low-emitter status, the federally enforceable permit conditions must: 1) Restrict the unit to burning only natural gas, fuel oil, or natural gas and fuel oil; 2) Limitthe unit's potential NOx mass emissions for the control period to 25 tons or less;3) Restrictthe unit's operating hours to the number calculated by dividing 25 tons ofpotential NOx mass emissions by the unit's maximum potential hourly NOx mass emissions; 4) Require that the unit's potential NOx mass emissions shall be calculated by using the monitoring provisions of40 CFR 75, orifthe unit does not rely on these monitoring provisions, as follows: A) Select the applicable default NOx emission rate: 0.7 lbs/mmbtu for combustion turbines burning natural gas exclusively during the control period; 1.2 lbs/mmbtu for combustion turbines burning any fuel oil during the control period; 1.5 lbs/mmbtu for boilers burning natural gas exclusively during the control period; or 2lbs/mmbtu for boilers burning any fuel oil during the control period. B) Multiply the default NOx emission rate under subsection (a)(4)(A) ofthis Section by the unit's maximum rated hourly heat input which is the higher ofthe manufacturer's maximum rated hourly heat input or the highest observed hourly heat input. The owner or operator ofthe unit may request in the permit application required by this subsection that the Agency use a lower value for the unit's maximum rated hourly heatinput. The Agency may approve such lowervalue ifthe owner or operator demonstrates thatthe maximum hourly heat input specified by the manufacturer orthe highest observed hourly heatinput, orboth, are not representative. The owneror operator must demonstrate that such lowervalue is representative ofthe unit's current capabilities because modifications have been made to the unitthatpermanently limitthe unit's capacity; 5) Require thatfor 5 years at the source that includes the unit, records demonstrating that the operating hours restriction, the fuel use restriction and the other requirements ofthe permit related to these restrictions were met; and 6) Require that the owner or operator ofthe unit report to the Agency for each control period the unit's hours ofoperation (treating any partial hour ofoperation as a whole hour ofoperation), heat input and fuel use by type. This report shall be submitted by November 1 ofeach yearthe unit elects low-emitterstatus.b) The Agency will notify the USEPA in writing ofeach unit electing low-emitter status pursuant to the requirements ofsubsection (a) ofthis.Section and when any ofthe following occurs: 1) The permitwith federally enforceable conditions that includes the restrictions in subsection (a) ofthis Section is issuedby the Agency; 2) Such permit is revised to remove any such restriction; 3) Suchpermitincludes any such restriction that is no longer applicable; or 4) The unit does not comply with any such restriction. c) The unit shall become subjectto the requirements ofthis Subpartif, for any control period under this Section, the fuel use restriction orthe operating hours restriction under subsection (a) ofthis Section is removed from the unit's permit or otherwise is no longer applicable, orthe unit does not comply with the fuel use restriction or the operating hours restriction under subsection (a) ofthis Section. Such unit shall be treated as commencing operation on September 30 of the control period for which the fuel use restriction or the operating hours restriction is no longer applicable or during which the unit does not comply with the fuel use restriction or the operating hours restriction. d) The owner or operator ofa unit to which the Agency has ever allocated allowances under Appendix E ofthis Part may elect low-emitterstatus. In that case, the Agency will reduce the Subpart U NOx budget by the number of allowances equal to the amount ofNOx emissions the unitis permittedto emit during the control period, pursuantto a federally enforceable condition in the unit's permit. The owner or operator ofa unit electing low-emitter status may demonstrate that it holds sufficient allowances to coverthe unit's NOx emissions by offsetting the emissions from such unit, not to exceed its permitted emission limit as included in its federally enforceable permit, with allowances issued for voluntary NOx reductions meeting the requirements ofSubpartX ofthis Part. The Agency will not reduce the Subpart U NOx budgetby the allowances issued for NOx reductions obtained in accordance with Subpart X ofthis Part. (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

Section 217.474 Opt-In Units a) Any operating fossil fuel-fired stationary boiler, combustion turbine, combined cycle system, cement kiln or stationary internal combustion engine in the State may qualify underthis Subpart to become an opt-in budget unit ifit:

### 1) Is not a budget EGU under SubpartW ofthis Part; 2) Vents all ofits emissions to a stack; 3) Has documented heat input for more than 876 hours in the six months immediately preceding the submission ofan application for an initial budgetpermit under subsection (d) ofthis Section; 4) Is not covered by aretired unit exemption under 40 CFR 96.5; and 5) Is not covered by the low-emitter exemption under Section 217.454(c) of this Subpart. b) Except as otherwise provided in this Subpart, an opt-in budgetunit shall be treated as abudget unit for purposes ofapplying this Subpart and 40 CFR 96. c) Authorized Account Representative: 1) Ifan opt-in unit is located at the same source as one ormore budget units, it shall have the same accountrepresentative as those budget units. 2) Ifthe opt-in unit is not located at the same source as one or more budget units, the owner or operator ofthe opt-in unit shall submit a complete account certificate ofrepresentation under 40 CFR 96.13. d) To apply for abudget permit, the account representative ofa unit meeting the qualifications ofsubsection (a) ofthis Section must, except as provided under Section 217.478(t) ofthis Subpart, submitto the Agency: 1) A budget permit application for the unitthat: A) Meets the requirements under Section 217.458 ofthis Subpart; and B)' Contains provisions for a change in the regulatory status ofthe unit to an opt-inbudgetunit under Section 217.454 ofthis Subpart pursuantto the provisions ofSection 217.480(b) ofthis Subpart. 2) A monitoring plan for the unit in accordance with 40 CFR 96, subpart H. (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

Section 217.476 Opt-In ProcessThe Agency will issue or deny a budget permit for an opt-in unit in accordance with Section 217.458 ofthis Subpart and the following: a) The Agency will determine, on an interim basis, the sufficiency ofthe monitoring plan accompanying the initial application for abudget permit for an opt-in unit. A monitoring plan is sufficient, for purposes ofinterim review, if the plan contains information demonstrating that the NOxemission rate and heat input ofthe unit are monitored and reported in accordance with 40 CFR 96, subpart H. A determination ofsufficiency shall not be construed as acceptance or approval ofthat unit's monitoring plan. b) Ifthe Agency determines that the unit's monitoring plan is sufficient under subsection (a) ofthis Section and after completion ofthe monitoring system certification under 40 CFR 96, subpart H, the NOxemission rate and the heat input ofthe unit shall be monitored and reported in accordance with 40 CFR 96, subpartH, 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. c) Based on the information monitored and reported under subsection (b) ofthis 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 NOx emission rate shall be calculated as the unit's total NOxemissions (in lbs) for the control period divided by the unit's baseline heat rate. (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

Section 217.478 Opt-In Budget Units: Withdrawal from the NOxTrading Program a) Requesting withdrawal: To withdraw from the NOxTrading Program, the account representative ofan opt-in budget unit shall submitto the Agency a request to withdraw from the NOxTrading Program and to withdraw the budget permiteffective as ofa specified date between (and not including) September 30 and May 1. The submission shall be made no laterthan 90 days prior to the requested effective date ofwithdrawal. b) Conditions for withdrawal: Before an opt-in budgetunit may withdraw from the NOxTrading Program and the budget permit may be withdrawn under this Section, the following conditions mustbe met: 1) For the control period immediately before the withdrawal is to be effective, the account representative must submitto the Agency an annual compliance certification report in accordance with 40 CFR 96.30.2) Ifthe opt-in budget unit has excess emissions for the control period immediately before the withdrawal is to be effective, USEPA has deducted from the opt-in budget unit's compliance account, orthe overdraft account ofthe NOxbudget source where the opt-in budgetunit is located, the number ofallowances required in accordance with 40 CFR 96.54(d) for the control period. 3) Afterthe requirements for withdrawal under subsections (b) (1) and (2) of this Section are met, USEPA will deduct from the opt-in unit's compliance account, orthe overdraft account ofthe budget source where the opt-in budget unit is located, allowances equal in number to any allowances allocated to that unitunder Section 217.782 ofthis 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 ofthe opt-in unit. The account representative for the opt-in budgetunit shall become the accountrepresentative for the general account. c) An opt-in budget unit that withdraws from the Subpart U NOxTrading Program shall comply with all requirements under the NOxTrading 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. d) Notification: 1) Afterthe requirements for withdrawal under subsections (a) and (b) of this Section are met (including deduction ofthe full amount ofallowances required), the Agency will revise the budget permit indicating a specified effective date for the withdrawal thatis afterthe requirements in subsections (a) and (b) ofthis Section have been met and that is priorto May 1 or after September 30. 2) Ifthe requirements for withdrawal under subsections (a) and (b) ofthis Section are not met, the Agency will issue a notification to the owneror operator and the account representative ofthe opt-inbudgetunit that the opt-in unit's request to withdraw its budget permitis denied. Ifthe opt-in budget unit's request to withdraw is denied, the opt-in budgetunit shall remain subjectto the requirements for an opt-in budgetunit. e) Reapplication upon failure to meet conditions ofwithdrawal: Ifthe Agency denies the opt-in budgetunit's request to withdraw, the account representative of the opt-in budget unit may submit anotherrequest to withdraw in accordance with subsections (a) and (b) ofthis Section.t) Ability to return to the NOxTrading Program: Once an opt-in unit withdraws from the NOx Trading Program and its budgetpermit is withdrawn under this Section, the account representative may not submit another application for a budget permitunder Section 217.474(d) ofthis Subpart for the unit priorto the date that is four years after the date on which the budgetpermitwith opt-in conditions is withdrawn. (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

Section 217.480 Opt-In Units: Change in Regulatory Status a) Notification: When an opt-in unit becomes an opt-in budget unit under Section 217.476 ofthis Subpart, the owner or operator shall notify the Agency and USEPA in writing ofsuch change in the opt-in unit's regulatory status within 30 days ofsuch change. b) Any permit application that provides for a change in the regulatory status ofa unit to an opt-in budgetunitpursuant to Section 217.474(d)(1)(B) ofthis Subpart and included in a budget permit, is effective on the date on which such opt-in unitbecomes an opt-in budget unit under Section 217.454 ofthis Subpart. c) USEPA IS action: 1) USEPA will deduct from the compliance account for the opt-in budget unit under this Section, or the overdraft account ofthe budget source where the opt-in budgetunit is located, allowances equal in number to and allocated for the same or a prior control period as: A) Any allowances allocated to the budgetunit (as an opt-inunit) under Section 217.482 ofthis Subpart for any control period after the last control period during which the unit Is budget permitwas effective; and B) Ifthe effective date ofany budget permitunder subsection (b) of this Section is during a control period, the allowances allocated to the opt-in budget unit (as an opt-in unit) underSection 217.482 of this Subpart for the control period multiplied by the ratio ofthe number ofdays in the control period, starting with the effective date ofthe budgetpermitunder subsection (b) ofthis Section, divided by the total number ofdays in the control period. 2) The account representative shall ensure that the compliance account ofthe opt-in budgetunit under subsection (b) ofthis Section, orthe overdraft account ofthe budget source where the opt-in budgetunit is located,contains the allowances necessary for completion ofthe deduction under subsection (c)(1) ofthis Section. Ifthe compliance account or overdraft account does not contain sufficient allowances, USEPA will deduct the required number ofallowances, regardless ofthe control period for which they were allocated, whenever allowances are recorded in either account. 3) For every control period during which any budget permit under subsection (b) ofthis Section is effective, the opt-in budget unit under subsection (b) ofthis Section will be treated, solely for purposes of allowance allocations under Section 217.466 or 217.468 ofthis Subpart, as a unit that commenced operation on the effective date ofthe budget permit under subsection (b) ofthis Section and will be allocated allowances in accordance with Section 217.466 or 217.468 ofthis Subpart. 4) Notwithstanding subsection (c)(2) ofthis Section, ifthe effective date of any budget permitunder subsection (b) ofthis Section is during a control period, the following number ofallowances will be allocated to the opt-in budget unit for the control period: the number ofallowances otherwise allocated to the opt-in budget unitunder Section 217.466 or 217.468 of this Subpart for the control period multiplied by the ratio ofthe number ofdays in the control period, starting with the effective date ofthe budget permit under subsection (b) ofthis Section, divided by the total number of days in the control period. d) When the owner or operator ofan opt-in unit does notrenew the budget permit for the opt-in budget unitissued pursuant to Section 217.474(d), USEPA will deduct from the opt-in budgetunit's compliance account, or the overdraft account ofthe budget source where the opt-in budgetunit is located, allowances equal in number to and allocated for the same or a prior control period as any allowances allocated to the opt-in budget unit under Section 217.482 ofthis Subpart for any control period afterthe last control period for which the budget permit is effective. The account representative shall ensure thatthe opt-inbudget unit's compliance account orthe overdraft account ofthe budget source where the opt-in budgetunit is located contains the allowances necessary for completion ofsuch deduction. Ifthe compliance account or overdraft account does not contain sufficient allowances, USEPA will deduct the required number of allowances, regardless ofthe control period for which they were allocated, whenever allowances are recorded in either account. e) Afterthe deduction under subsection (d) ofthis Section is completed, USEPA will close the opt-in unit's compliance account. Ifany allowances remain in the compliance account after completion ofsuch deduction and any deduction under 40 CFR 96.54, USEPA will close the opt-in unit's compliance account and willestablish, and transfer any remaining allowances to, a new general account for the owner or operator ofthe opt-in unit. The accountrepresentative for the optin unit shall become the accountrepresentative for the general account. (Source: Added at 25 Ill. Reg.5914, effective Apri117, 2001)

Section 217.482 Allowance Allocations to Opt-In Budget Units a) Allowance allocations: 1) By the December 31 immediately before the first control period for which the budget permit is effective, the Agency will allocate allowances to the opt-in budget unit and submitto USEPA the allocation for the control period in accordance with subsection (b) ofthis Section. 2) By no later than the December 31 after the first control period for which the budget permit is in effect and December 31 ofeach year thereafter, the Agency will allocate allowances to the opt-in budgetunit and submit to USEPA allocations for the next control period, in accordance with subsection (b) ofthis Section. b) 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 budget unit will be allocated allowances in accordance with the following procedures: 1) The heat input (in mmbtu) used for calculating allowance allocations will be the lesser of: A) The opt-in unit's baseline heat input determined pursuantto Section 217.476(c) ofthis Subpart; or B) The opt-in unit's heatinput, for the control period in the year priorto the year ofthe first control period for which the allocations are being calculated, as determined in accordance with 40 CFR 96, subpartH. 2) The Agency will allocate allowances to the opt-in budgetunit in an amount equaling the heat input (in mmbtu) determined under subsection (b)

### (1) ofthis Section multiplied by the lesser of: A) The unit's baseline NOxemission rate (in lbs/mmbtu) determined pursuant to Section 217.476(c) ofthis Subpart; or B) The lowest NOxemissions limitation (calculated in lbs/mmbtu) under State or federal law that is applicable to the budget opt-inunit for the year ofthe control period for which the allocations are being calculated, regardless ofthe averaging period to which the emissions limitation applies. (Source: Addedat25 Ill. Reg.5914, effectiveApri117, 2001)

SUBPART V: ELECTRIC POWER GENERATION

Section 217.521 Lake ofEgypt Power Plant a) The standard for nitrogen oxides ofSection 217.121 (d) does not apply when solid fossil fuel containing 25 percent by weight or more ofcoal refuse is burned in Southern Illinois Power Cooperative's Unit No. 4 at its Lake ofEgypt Power Plant. b) The standard for nitrogen oxides ofSection 217.121 (e) does not apply when solid fossil fuel containing 25 percent by weight or more ofcoal refuse is burned in combination with gaseous, liquid or other solid fossil fuel in Southern Illinois Power Cooperative's Unit No. 4 at its Lake ofEgypt Power Plant. (Source: Amended at 2Ill. Reg. 17, p. 101, effective April 13, 1978)

Section 217.700 Purpose

The purpose ofthis Subpartis to control the emissions ofnitrogen oxides (NO) from electrical generating units (EGUs) during the ozone control period (for purposes ofSubpart V, the ozone control period is May 1 through September 30 ofeach year, beginning in 2003), by limiting the emissions ofNOxfrom EGUs to no more than 0.25 lbs/mmbtu ofactual heat input during each

ozone control period. (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

Section 217.702 Severability

Ifany section, subsection or clause ofthis Subpartis found invalid, such finding shall not affect the validity ofthis Subpart as awhole or any Section, subsection or clause not found invalid. (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

Section 217.704 Applicability

The following fossil fuel-fired stationary boilers, combustion turbines or combined cycle systems are electrical generating units (EGUs) and shall be subjectto this Subpart on and after May 1, 2003:a) Any unit serving agenerator that has a nameplate capacity greaterthan 25 MWe and produces electricity for sale, excluding those units listed in Appendix D of this Part and any new unit at a source listedin Appendix D ofthis Part. b) Any unit with a maximum design heat inputthat is greaterthan 250 mmbtu/hr that commences operation on or afterJanuary 1, 1999, serving at any time a generatorthat has a nameplate capacity of25 MWe or less and has the potential to use more than 50% ofthe potential electrical output capacity ofthe unit. Fifty percent ofaunit's potential electrical output capacity shall be determined by multiplying the unit's maximum design heat inputby 0.0488 MWe/mmbtu. Ifthe size ofthe generator is greater than this calculated number, the unit is an EGU subject to the provisions ofthis Subpart. (Source: Added at 25·Ill. Reg.5914, effective April 17, 2001)

Section 217.706 Emission Limitations a) On or after May 1, 2003, no owner or operator subjectto this Subpart shall cause or allow the emissions ofNOxinto the atmosphere from any EGU to exceed 0.25 lbs/mmbtu ofactual heat input during each ozone control period, based on a control period average for thatunit. b) Notwithstanding the emission limitation in subsection (a) ofthis Section, any EGU subject to a more stringent NOxemission limitation pursuantto any State or federal statute, including the Act, the Clean AirAct, or any regulations promulgated thereunder, shall comply with both the requirements ofthis Subpart and that more stringentemission limitation. (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

Section 217.708 NOxAveraging a) Notwithstanding Section 217.706(a) ofthis Subpart, the owners or operators of EGUs listed in Appendix F ofthis Part and the owner or operator ofSoyland Power may elect to demonstrate compliance with this Subpartby averaging for the ozone control period the NOxemission rates with any EGU listed in Appendix F or any EGU at Soyland Power's Alsey Illinois facility that commenced commercial operation on or before January 1, 2000. b) The average NOxemission rate for all EGUs being averaged pursuant to this Section must not exceed 0.25 lbs/mmbtu and shall be determined as follows:

n 3 (H1 x ERi)i=1 ERavg n 3 HL i=1

Where:ERavg

n average emission rate in lbs/mmbtu ofall EGUs in averaging demonstration

heat input for the ozone control period of EGU i, in mmbtu, as specified in the NOx averaging demonstration

actual NOx emission rate ofEGU i, in lbs/mmbtu, as specified in the NOx averaging demonstration

number ofEGUs that are averaging c) Averaging under this Subpart must be authorized through federally enforceable permit conditions for such EGU. d) An EGU may be included in only one NOx averaging demonstration during an ozone control period. e) Compliance by averaging for each ozone control period must be demonstrated by November 30 following each ozone control period. 

### f) Ifaveraging is used to demonstrate compliance with this Subpart, the effect ofa failure to demonstrate such compliance shall be that the compliance status ofeach EGU shall be determined pursuant to Section 217.706(a) as ifthe NOxemission rates ofsuch EGUs were not averaged. 

### g) The owner or operator ofany EGU that elects to participate in an averaging demonstration to demonstrate compliance with this Subpart cannot average with any other EGU for which the owner or operator ofsuch EGU does not maintain the required records, data, and reports, or does not submit copies ofsuch records, data, or reports to the Agency upon request. (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

Section 217.710 Monitoringa) The owner or operator ofan EGU subject to this Subpart shall install, calibrate, maintain and operate continuous emissions monitoring systems (CEMS) for NOx that meet the requirements of40 CFR 75, subpartB. b) Notwithstanding subsection (a), the owner or operator ofa gas-fired peaking unit or oil-fired peaking unit as defined in 40 CFR 72.2 may determine NOx emissions in accordance with the emissions estimation protocol of40 CFR 75, subpart E. c) Notwithstanding subsection (a), the owner ofoperator ofa combustion turbine that operates less than 350 hour per ozone control period may determine the heat input and NOxemissions ofthe turbine as follows: 

### 1) Heat input shall be determined from the metered fuel usage to the turbine orthe calculated heat input determined as the product of the turbine's maximum hourly heat input and hours ofoperation as recorded by operating instrumentation on the turbine; 2) NOx emissions shall be determined as the product ofthe heat input, as determined above, and the appropriate default NOx emission factors below:

0.7lbs/mmbtu

- Natural gas 1.2 lbs/mmbtu

- Fuel oil (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

Section 217.712 Reporting and Recordkeeping

The owner or operator ofan EGU subjectto the requirements ofthis Subpart shall: a) Comply with the recordkeeping and reporting requirements of40 CFR 75 applicable to NOx emissions during the ozone control period, including, butnot limited to, 40 CFR 75.54(b) and (d), incorporatedby reference in Section 217.104 ofthis Part. b) Notwithstanding subsection (a), the owner or operator ofa combustion turbine for which heat input and NOx emissions are determined pursuantto subsection 217.71O(c) ofthis Subpart shall comply with the follOWing recordkeeping and reporting requirements: 1) Maintain records ofthe heat input and NOx emissions ofthe turbine as determined in accordance with Section 217.71O(c) ofthis Subpart, andrecords ofmetered fuel use or operating hours used to determine heat input; and 2) Annually report the heat input and NOxemissions ofthe turbine as determined in accordance with Section 217.71O(c) ofthis Subpart, for each ozone control period, by November 30 ofeach year. c) Submit, with the report required under subsection (c) ofthis Section, the following certification statement, to be signed by aresponsible official:

"I certify under penalty oflaw that this report and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry ofthe person or persons directly responsible for gathering the information, the information is, to the best ofmy knowledge and beliefafter due inquiry, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility offine and imprisonment for knowing violations. " Signature

Name

Official Title Telephone No.

Date Signed d) Ifdemonstrating compliance through Section 217.706(a) ofthis Subpart, by November 30 ofeach yearbeginning in 2003, submitto the Agency a report that demonstrates each EGU has not exceeded a NOxemission rate of0.25 lbs/mmbtu during the ozone control period. e) Ifdemonstrating compliance through Section 217.708 ofthis Subpart, by November 30 ofeachyear beginning in 2003, submit to the Agency areport that demonstrates the following: 1) For all EGUs participating in the averaging demonstration, the averaged ozone control period NOxemission rate pursuantto the equation in Section 217.708(b) ofthis Subpart;2) The average ozone control period NOx emission rate ofeach EGU participating in the averaging demonstration; and 3) The information required to determine the averaged NOx emission rate pursuant to Section 217.708(b) ofthis Subpart. 

### f) Keep and maintain, for 5 years, all records and data necessary to demonstrate compliance with the requirements ofthis Subpart, and upon request make such records and data available to Agency and USEPA representatives for inspection and copying during working hours. g) Submit copies ofany records and data required by this Section to the Agency within 30 days afterreceipt ofa written request by the Agency. (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

SUBPART W: NOx TRADING PROGRAM FOR ELECTRICAL GENERATING UNITS

Section 217.750 Purpose

The purpose ofthis Subpart is to control the emissions ofnitrogen oxides (NOx) during the ozone control period (May 1 through September 30 ofeach year, except that in 2004, "control period" means May 31 through September 30) from electrical generating units (EGUs) by determining source allocations and implementing the NOx Trading Program pursuantto 40 CFR 96, as authorized by Section 9.9 ofthe Act [415 ILCS 5/9.9]. (Source: Added at 25 Ill. Reg. 128, effective December 26, 2000)

Section 217.752 Severability

Ifany Section, subsection or clause ofthis Subpart is found invalid, such finding shall not affect the validity ofthis Subpart as a whole or any Section, sentence or clause not found invalid. (Source: Added at 25 Ill. Reg. 128, effective December 26, 2000)

Section 217.754 Applicability a) The follOWing fossil fuel-fired stationary boilers, combustion turbines or combined cycle systems are electrical generating units (EGUs) and are subject to this Subpart: 1) Any unit serving a generatorthat has a nameplate capacity greaterthan 25 MWe and produces electricity for sale, excluding those units listed in AppendiX D ofthis Part.2) Any unit with a maximum design heat inputthat is greaterthan 250 mmbtu/hr that commences operation on or afterJanuary 1, 1999, serving at any time ageneratorthat has a nameplate capacity of25 MWe orless and has the potential to use more than 50% ofthe potential electrical output capacity ofthe unit. Fiftypercent ofaunit's potential electrical output capacity shall be determined by multiplying the unit's maximum design heat input by 0.0488 MWe/mmbtu. Ifthe size ofthe generator is greaterthan this calculated number, the unit is an EGU subject to the provisions ofthis Subpart. b) Those units that meet the above criteria and are subject to the NOx Trading Program emissions limitations contained in this Subpart are budget EGUs. c) Low-emitter status: Notwithstanding subsection (a) ofthis Section, the owner or operator ofabudget EGU under subsection (a) ofthis Section may elect lowemitter status by obtaining a permitwith federally enforceable conditions meeting the requirements ofsubsection (c)(1) ofthis Section. Starting with the effective date ofsuch permit, the EGU shall not be abudget EGU and shall be subject only to the requirements ofthis subsection (c). 

### 1) For each control period under this subsection (c), the federally enforceable permit conditions must: A) Restrict the EGU to burning only natural gas, fuel oil, ornatural gas and fuel oil; B) Limit the EGU's potential NOx mass emissions for the control period to 25 tons or less; C) Restrict the EGU's operating hours during the control period to the number calculated by dividing 25 tons ofpotential NOx mass emissions by the EGU's maximum potential hourly NOx mass emissions; D) Require thatthe EGU's potential NOx mass emissions be calculated by using the monitoring provisions of40 CFR 75 or, if the EGU does not rely on these monitoring provisions, by using the applicable default rate, as follows: 

### i) Select the applicable default NOx emission rate from one of the following:

0.7 lb/mmbtu for combustion turbines burning natural gas exclusively during the control period;1.2 lbs/mmbtu for combustion turbines burning any fuel oil during the control period;

1.5 lbs/mmbtu for boilers burning natural gas exclusively during the control period; or 2 lbs/mmbtu for boilers burning any fuel oil during the control period. ii) Multiply the default NOx emission rate under subsection (c)(1)(D)(i) ofthis Section by the EGU's unit-specific maximum rated heat input (mmbtu), which is the higher of the manufacturer's maximum rated hourly heat input or the highest observed hourly heat input. The owner or operator ofthe EGU may request in the permit application required by this subsection (c) that the Agency use a lower value for the EGU's maximum rated hourly heat input. The Agency may approve such lower value ifthe owner or operator demonstrates that the maximum hourly heat input specified by the manufacturer or the highest observed hourly heat input, orboth, are not representative. The owner or operator must also demonstrate that such lower value is representative ofthe EGU's current capabilities because modifications have been made to the EGU that permanently limit the EGU's capacity; E) Require that the owner or operator ofthe EGU retain for five years, .atthe source that includes the EGU, records demonstrating that the operating hours restriction, the fuel use restriction, and the other requirements ofthe permit related to these restrictions were met; and F) Require that the owner or operator ofthe EGU report to the Agency the EGU's hours ofoperation (treating any partial hour of operation as a whole hour ofoperation), heat input, and fuel use by type during each control period. This report shall be submitted by November 1 ofeach year the EGU elects low-emitter status. 2) The Agency will notify USEPA in writing ofeach EGU electing lowemitter status pursuantto the requirements ofsubsection (c)(1) ofthis Section and when any ofthe following occurs:A) The permit with federally enforceable conditions thatincludes the restrictions in subsection (c)

### (1) ofthis Section is issued by the Agency; B) Such permit is revised to remove any such restriction; C) Such permit includes any such restriction that is no longer applicable; or D) The EGU does not comply with any such restriction. 3) The EGU shall become abudget EGU, subjectto the requirements ofthis Subpart if, for any control period under subsection (c) ofthis Section, the fuel use restriction or the operating hours restriction under subsection (c)(l) ofthis Section is removed from the EGU's permit or otherwise becomes no longer applicable, orthe EGU does not comply with the fuel use restriction orthe operating hours restriction under subsection (c)(1) of this Section. Such EGU shall be treated as commencing operation and, for a unitunder subsection (a)(1) ofthis Section, commencing commercial operation, on September 30 ofthe yearpriorto the control period for which the fuel use restriction orthe operating hours restriction is no longer applicable or during which the EGU does not comply with the fuel use restriction or the operating hours restriction. 4) The owner or operator ofan EGU to which the Agency has ever allocated allowances may elect low-emitter status. In that case, the Agency will reduce the EGU trading budget by the number ofallowances corresponding to the amount ofNOx emissions the EGU is permitted to emit during the control period as set forth in the EGU's federally enforceable state operating permit. d) Notwithstanding the provisions in subsection (a) ofthis Section, sources may optin to the NOx Trading Program and will receive allowance allocations consistent with applicable requirements, ifthey meetthe requirements for a budget opt-in unit pursuant to Sections 217.774 through 217.782 ofthis Part. (Source: Added at 25 Ill. Reg. 128, effective December 26, 2000)

Section 217.756 Compliance ReqUirements

All EGUs subjectto the requirements ofthis Subpartmust comply with the following: a) The requirements ofthis Subpart and 40 CFR 96 (excluding 40 CFR 96.4(b) and 96.55(c), and excluding 40 CFR 96, Subparts C, E, and 1) as incorporated by reference in Section 217.104 ofthis Part.b) Permit requirements: 1) The owner or operator ofeach source with one or more budget EGUs at the source must apply for a permit issued by the Agency with federally enforceable conditions covering the NOxTrading Program ("budget permit") that complies with the requirements ofSection 217.758 ofthis Part. 2) The owner or operator ofeach budget source and each budget EGU at the source must operate the budget EGU in compliance with such budget permit. c) Monitoring requirements: 1) The owner or operator ofeach budget source and each budgetEGU at the source must comply with the monitoring requirements of40 CFR 96, subpart H. The account representative ofeach budget source and each budget EGU at the source must comply with those sections ofthe monitoring requirements of40 CFR 96, subpart H, applicable to an account representative. 2) The compliance ofeach budget EGUwith the budget emissions limitation under subsection (d) ofthis Section shall be determined by the emissions measurements recorded and reported in accordance with 40 CFR 96, subpart H. d) NOx requirements: 1) By November 30 ofeach year, the allowance transfer deadline, the account representative ofeach budget source and each budget EGU at the source shall hold allowances available for compliance deductions under 40 CFR 96.54 in the budget EGU's compliance account orthe source's overdraft account. The number ofallowances held shall notbe less than the budget EGU's total tons ofNOx emissions for the control period, rounded to the nearest whole ton, as determined in accordance with 40 CFR 96, subpart H, plus any number necessary to account for actual utilization (e.g., for testing, start-up, malfunction, and shut down) under 40 CFR 96.42(e) for the control period. 2) Each ton ofNOx emitted in excess ofthe number ofNOx allowances held by the owner or operator for each budget EGU for each control period shall constitute a separate violation ofthis Part and the Act.3) A budget EGU shall be subject to the monitoring and NOx requirements ofsubsections (c)

### (1) and (d)(1) ofthis Section starting on the later ofMay 31, 2004, the date on which the EGU commences ORTHE FIRST DAY OF THE CONTROL SEASON SUBSEQUENT TO THE CALENDAR YEAR IN WHICH ALL OF THE OTHER STATES SUBJECT TO THE PROVISIONS OF THE NOx SIP CALL (63 Fed. Reg. 57355 (October 27, 1998)) THAT ARE LOCATED IN USEPA REGION V OR THAT ARE CONTIGUOUS TO ILLINOIS HAVE ADOPTED REGULATIONS TO IMPLEMENT NOx TRADING PROGRAMS AND OTHER REQUIRED REDUCTIONS OF NOx EMISSIONS PURSUANT TO THE NOx SIP CALL, AND SUCH REGULATIONS HAVE RECEIVED FINAL APPROVAL BY USEPA AS PART OF THE RESPECTIVE STATES' SIPS FOR OZONE, OR A FINAL FIP FOR OZONE PROMULGATED BY USEPA IS EFFECTIVE. [415 ILCS 5/9.9(f)] 4) Allowances shall be held in, deducted from, ortransferred among allowance accounts in accordance with this Subpart and 40 CFR 96, subparts F and G, and Sections 217.774 through 217.782 ofthis Part. 5) In order to comply with the requirements ofsubsection (d)

### (1) ofthis Section, an allowance may not be utilized for a control period in ayear prior to the year for which the allowance is allocated. 6) An allowance allocated by the Agency or USEPA under the NOx Trading Program is a limited authorization to emit one ton ofNOx in accordance with the NOx Trading Program. No provision ofthe NOx Trading Program, the budget permit application, the budget permit, or a retired unit exemption under 40 CFR 96.5, and no provision oflaw shall be construed to limitthe authority ofthe United States or the State to terminate orlimitthis authorization. \ 7) An allowance allocated by the Agency or USEPA under the NOx Trading Program does not constitute a property right. 8) Upon recordation by USEPA under 40 CFR 96, subpart F or G, or Section 217.782 ofthis Part, every allocation, transfer, or deduction of an allowance to or from a budget EGU's compliance account or to or from the overdraft account ofthe budget source where the budget EGU is located is deemed to amend automatically, and become a part of, any budget permit ofthe budget EGU. This automatic amendment ofthe budgetpermit shall be deemed an operation oflaw and will notrequire any further review. e) Recordkeeping and reporting requirements:1) Unless otherwise provided, the owner or operator ofthe budget source and each budget EGU at the source shall keep on site at the source each ofthe documents listed in subsections (e)

### (1)(A) through (e)

### (1)(D) ofthis Section for a period offive years from the date the document is created. This period may be extended for cause, at any time priorto the end of five years, in writing by the Agency or USEPA. A) The account certificate ofrepresentation ofthe account representative for the source and each budget EGU at the source, all documents that demonstrate the truth ofthe statements in the account certificate ofrepresentation, in accordance with 40 CFR 96.13, provided that the certificate and documents must be retained on site at the source beyond such five-year period until such documents are superseded because ofthe submission ofa new account certificate ofrepresentation changing the account representative. B) All emissions monitoring information, in accordance with 40 CFR 96, subpart H, provided that to the extentthat 40 CFR 96, subpart H proVides for a three-year period for recordkeeping, the threeyear period shall apply. 

### C) Copies ofall reports, compliance certifications, and other submissions and all records made or required under the NOx Trading Program or documents necessary to demonstrate compliance with the requirements ofthe NOx Trading Program or with the requirements ofthis Subpart. D) Copies ofall documents used to complete abudget permit application and any other submission under the NO; Trading Program. 2) The account representative ofa budget source and each budget EGU at the source must submitto the Agency and USEPA the reports and compliance certifications required under the NOxTrading Program, including those under 40 CFR 96, subparts D and H, and Section 217.774 ofthis Part. f) Liability: 1) No revision ofa permit for a budget EGU shall excuse any violation of the requirements ofthe NOx Trading Program that occurs prior to the date that the revision to such budget permittakes effect.2) Each budget source and each budget EGU shall meet the requirements of the NOx Trading Program. 3) Any provision ofthe NOx Trading Program that applies to abudget source (including any provision applicable to the account representative of abudget source) shall also apply to the owner and operator ofsuch budget source and to the owner and operator ofeach budget EGU at the source. 4) Any provision ofthe NOx Trading Program that applies to abudget EGU (including any provision applicable to the account representative ofa budget EGU) shall also apply to the owner and operator ofsuch budget EGU. Except with regard to the requirements applicable to budget EGUs with a common stack under 40 CFR 96, subpart H, the owner and operator and the account representative ofone budget EGU shall notbe liable for any violation by any other budget EGU ofwhich they are not an owner or operatoror the account representative. 5) The account representative ofabudget EGU that has excess emissions in any control period shall surrenderthe allowances as required for deduction under 40 CFR 96.54(d)(1). 6) The owner or operator ofa budget EGU that has excess emissions in any control period shall pay any fine, penalty, or assessment or comply with any other remedy imposed under 40 CFR 96.54(d)(3) and the Act. g) Effect on other authorities. No provision ofthe NOx Trading Program, abudget permit application, abudget permit, a low-emitterexemption under Section 217.754(c) ofthis Subpart, or aretired unit exemption under 40 CFR 96.5 shall be construed as exempting or excluding the owner and operator and, to the extent applicable, the account representative ofabudget source or budget EGU, from compliance with any otherregulation promulgated under the CAA, the Act, an approved State implementation plan, or a federally enforceable permit. (Source: Added at 25 Ill. Reg. 128, effective December 26, 2000)

Section 217.758 Permitting Requirements a) Budget permit requirements: 1) Each source with abudget EGU is reqUired to submit a complete permit application addressing all applicable NOx Trading Program requirements for apermit meeting the requirements ofthis Section, applicable to each budget EGU at the source. Each budget permit (including any draft or proposed budget permit, ifapplicable) will contain elements required fora complete budget permit application under subsection (b)(2) ofthis Section. 2) Each budget permit (including a draft or proposed budget permit, if applicable) shall contain federally enforceable conditions addressing all applicable NOxTrading Program requirements and shall be a complete and segregable portion ofthe source's entire permit under subsection (a)(1) ofthis Section. 3) No budget permit shall be issued, and no NOx allowance account shall be established for abudget EGU at a source, until the Agency and USEPA have received a complete account certificate ofrepresentation under 40 CFR 96, subpart B, for an account representative ofthe source and the budget EGU at the source. 4) For budget EGUs that commenced operation before November 1, 2003, and for which a CAAPP permit is not required pursuant to Section 39.5 ofthe Act, the owner or operator ofsuch unit must submit abudget permit application meeting the requirements ofthis Section on or before November 1, 2003. 5) For budget EGUs that commenced operation before August 1, 2003, and for which a CAAPP permit is required pursuant to Section 39.5 ofthe Act, the owner or operatorofsuch unit must submit abudget permit application meeting the requirements ofthis Section on orbefore August 1, 2003. 6) For budget EGUs that are subjectto Section 39.5 ofthe Act and that commence operation on or after August 1, 2003, and for budget EGUs not subject to Section 39.5 ofthe Act and that commence operation on or after November 1, 2003, the owner or operator ofsuch units must submit applications for construction and operating permits pursuant toJhe requirements ofSections 39 and 39.5 ofthe Act and 35 Ill.Adm.Code 201 and such applications must specify thatthey are applying for budget permits, and must address the budgetpermit application requirements of this Section. b) Budgetpermit applications: 1) Duty to apply. The owner or operator ofany source with one or more budget EGUs shall submitto the Agency a complete budget permit application for the source under subsection (b)(2) ofthis Section by the applicable deadline in subsection (a)(4), (a)(5), or (a)(6) ofthis Section. The owner or operator ofany source with one ormore budget EGUsshall reapply for a budget permit for the source as required by this Subpart, 35 Ill. Adm. Code 201, and Sections 39 and 39.5 ofthe Act. 

### 2) Information requirements for budget permit applications. A complete budget permit application shall include the following elements concerning the source for which the application is submitted: A) Identification ofthe source, including plantname. The ORIS (Office ofRegulatory Information Systems) orfacility code assigned to the source by the Energy Information Administration shall also be included, ifapplicable; B) Identification ofeach budget EGU at the source. An explanation ofwhether each EGU is a budget EGU under Section 217.754 or 217.774 ofthis Part; 

### C) The compliance requirements ofSection 217.756 ofthis Part; and D) For each opt-in unit at the source the following certification statements by the account representative: i) "I certify that each unit for which this permit application is submitted under Section 217.774 ofthis Partis not a budget EGU under Section 217.754 ofthis Part and is not covered by a retired unit exemption that is in effect under 40 CFR 96.5." 

### ii) Ifthe application is for an initial budgetpermit, "I certify that each unit for which this permit application is_submitted under Section 217.774 ofthis Part, and has documented heat input for more than 876 hours in the six months immediately preceding the submission ofan application for an initial budget permitunder Section 217.774(d) ofthis Part. " 3) An application for abudget permit shall be treated as a modification of the EGU's existing federally enforceable permit, ifsuch apermit has been issued for that EGU, and shall be subject to the same procedural requirements. When the Agency issues abudget permit, it shall be incorporated into and become part ofthat EGU's existing federally enforceable permit. (Source: Added at 25 Ill. Reg. 128, effective December 26, 2000)Section 217.760 

### NOx Trading Budget

The 

### NOx trading budget available for allowance allocations for each control period shall be determined as follows: a) The total base EGU trading budgetis 30,701 tons per control period subject, however, to the following: 1) In 2004 through 2006, 5% ofthis number shall be allocated to the new source set-aside under Section 217.768 ofthis Part, resulting in an EGU trading budget of29,166 tons available for allocation per control period; and 2) In 2007 and thereafter, 2% ofthis amount shall be allocated to the new source set-aside, resulting in an EGU trading budget of30,087 tons available for allocation per control period. b) The Agency mustadjustthe total base EGU trading budget available for allocation in subsection (a) ofthis Sectionto remove allowances from budget EGUs opting to become exempt pursuantto the requirements for low-emitters in Section 217.754(c)(4) ofthis Part. c) IfUSEPA adjusts the total base EGU trading budget for any reason, the Agency will adjust the budget pro rata. (Source: Added at 25 Ill. Reg. 128, effective December 26, 2000)

Section 217.762 Methodology for Calculating 

### NOx Allocations for BudgetElectrical Generating Units (EGUs)

The methodology for calculating the allowances to be allocated to budget EGUs is based on the following emission rates and heat inputs: a) The applicable 

### NOx emissionrates are as follows: 1) Forbudget EGUs listed in Appendix F: 0.15 1b/mmbtu. 2) Forbudget EGUs not listed in Appendix F: The more stringent of0.15 1b/mmbtu orthe permitted 

### NOx emission rate, but not less than 0.055 1b/mmbtu. b) Heat input (HI) (in mmbtu/contro1 period) is determined as follows:1) The budget EGU's two highest heat inputs from the control periods four to six years priorto the year for which the allocation is being made are averaged. However, for abudget EGU that did not commence commercial operation at least sixyears prior to the control period for which the allocation is being made, the heat inputs for the following control periods shall be used: A) Ifthe budget EGU has heat input for the control period four years prior to the year for which the NOx allocation is being made, but not for the control periods five and six years prior, the heat input for that control period four years prior shall be used; or B) Ifthe budget EGU has heat inputs for the control periods four and five years prior to the year for which the NOx allocation is being made, but not for the control period six years prior, the heat input for the control periods four and five years prior shall be averaged. 2) The budget EGU's heat input in subsection (b)(1) ofthis Section for the control period in each year will be determined in accordance with: A) 40 CFR 75, as incorporated by reference in Section 217.104 of this Part, ifthe budget EGU was otherwise subject to its requirements for the year; or B) The best available data reported to the Agency for the budget EGU ifthe budget EGU was not subject to the requirements of40 CFR 75, for the year. c) The general equation for determining allowances is:

HI?

# ERI A= 2000

Where:

HI = heat input (in mmbtu/control period) as determined in Section 217.762(b) ofthis Part.

ER = The NOx emission rate in lbs/mmbtu as determined in Section 217.762(a) ofthis Part.

A 

### = allowances ofNOxicontrol period. (Source: Added at 25 Ill. Reg. 128, effective December 26, 2000)Section 217.764 

### NOx Allocations for Budget EGUs

For each control period, the Agency will allocate the total number of

### NOx allowances in the trading budget apportioned to budget EGUs under Section 217.760 ofthis Part. These allocations will be issued as provided in subsections (a) through (f) ofthis Section and Section 217.768 for this Part ofnew sources. Specifically: a) In 2004, 2005, and 2006 (or the first three years ofthe program): 1) The Agency will allocate to each budget EGU that is listed in Appendix F ofthis Part the number ofallowances listed in Column 7 ofAppendix F ofthis Part for that budget EGU, as well as any allowances that are not allocated from the new source set-aside to budget EGUs in subsection (a)(2) ofthis Section. Any such allowances from the new source setaside will be allocated to budget EGUs listed in Appendix F ofthis Part pursuant to 217.768

### G) ofthis Part. 2) The Agency will allocate allowances from the new source set-aside to budget EGUs that commenced commercial operation on or afterJanuary 1, 1995, pursuant to Section 217.768 ofthis Part. 3) The Agency will report these allocations to USEPA at the time it submits the SIP. b) In 2007 (or the fourth year ofthe program): 1) The Agency will allocate to each budget EGU that is listed in Appendix F ofthis Part the number ofallowances listed in Column 8 ofAppendix F for that budget EGU, and any allowances that are not allocated to budget EGUs under subsection (b)(2) ofthis Section will be allocated as provided in subsection (b)(4) ofthis Section. 2) The Agency will apportion to each budget EGU that commenced commercial operation on or afterJanuary 1, 1995, and before May 1, 2003, allowances as calculated in the following equation:

0.80 ? 

### 1m ? ERI A= 2000

Where:

HI 

### = heat input (in mmbtu/control period) as determined in Section 217.762(b) ofthis Part.ER = the NOx emission rate in lbs/mmbtu, as determined in Section 217.762(a)(2) ofthis Part.

A 

### = allowances ofNOxicontrol period. 3) Notwithstanding subsection (b)(2) ofthis Section, ifthe total number of allowances determined by subsection (b)(2) ofthis Section is more than 6,017, which is the number ofallowances remaining in the trading budget after allocations have been made to budget EGUs in subsection (b)(l) of this Section, the Agency will prorate the number ofNOx allowances available to budget EGUs pursuantto the criteria in subsection (b) (2) of this Section so thatthe total number ofallowances allocated to these budget EGUs does not exceed 6,017. 4) Ifthe total number ofallowances allocated pursuant to subsection (b) (2) ofthis Section is less than 6,017, which is the number ofallowances remaining in the trading budget after allocations have been made to budget EGUs in subsection (b)(1) ofthis Section, the Agency will allocate the remaining allowances to budget EGUs as follows: A) For budget EGUs in subsection (b)(1) ofthis Section, the pro-rata allocation shall be determined by the heat input calculated pursuant to Section 217.762(b) ofthis Part, multiplied by the emission rate in Section 217.762(a)(1) ofthis Part. B) For budget EGUs in subsection (b) (2) ofthis Section, the pro-rata. allocation shall be determined by the heat input calculated pursuant to Section 217.762(b) ofthis Part, multiplied by the emission rate in Section 217.762(a)(2) ofthis Part. 5) The Agency will allocate allowances from the new source set-aside, pursuantto Section 217.768 ofthis Part, to budget EGUs that commenced commercial operation afterMay 1, 2003 and that have not operated for the full 2003 control period. 6) The Agency will report these allocations to USEPA by April 1, 2004, except for allocations from the new source set-aside, which the Agency will report by May 1, 2007. c) In 2008 (orthe fifth year ofthe program): 1) The Agency will allocate to each budget EGU that is listed in Appendix F ofthis Part the number ofallowances listed in Column 8 ofAppendix F for that budget EGU, and any allowances that are not allocated to budgetEGUs under subsection (b) (2) ofthis Section will be allocated as provided in subsection (b)(4) ofthis Section. 2) The Agency will apportion to each budget EGU that commenced commercial operation on or afterJanuary 1, 1995, and before May 1, 2004, allowances as calculated in the following equation:

0.80? ?HI? ER? A = 2000

Where:

HI = heat input (in mmbtu/control period) as determined in Section 217.762(b) ofthis Part.

ER 

### = the NOx emission rate in Ibs/mmbtu, as determined in Section 217.762(a)(2) ofthis Part.

A 

### = allowances ofNOxicontrol period. 3) Notwithstanding subsection (c)(2) ofthis Section, ifthe total number of allowances determined by subsection (c)(2) ofthis Section is more than 6,017, which is the number ofallowances remaining in the trading budget after allocations have been made to budget EGUs in subsection (c)

### (1) of this Section, the Agency will prorate the number ofNOx allowances available to budget EGUs pursuantto the criteriain subsection (c)(2) of this Section so that the total number ofallowances allocated to these budget EGUs does not exceed 6,017. 4) Ifthe total number ofallowances allocated pursuantto subsection (c)(2) of this Section is less than 6,017, which is the number ofallowances remaining in the trading budget after allocations have been made to budget EGUs in subsection (c)

### (1) ofthis Section, the Agency will allocate the remaining allowances to budget EGUs as follows: A) Forbudget EGUs in subsection (c)

### (1) ofthis Section, the pro-rata allocation shall be determined by the heatinput calculated pursuantto Section 217.762(b) ofthis Part, multiplied by the emission rate in Section 217.762(a)(1) ofthis Part. B) For budget EGUs in subsection (c)(2) ofthis Section, the pro-rata allocation shall be determined by the heat input calculated pursuant to Section 217.762(b) ofthis Part, multiplied by the emission rate in Section 217.762(a)(2) ofthis Part.5) The Agency will allocate allowances from the new source set-aside, pursuantto Section 217.768 ofthis Part, to budget EGUs that commenced commercial operation afterMay 1, 2004 and that have not operated for the full 2004 control period. 6) The Agency will report these allocations to USEPA by April 1, 2005, except for allocations from the new source set-aside, which the Agency will report by May 1, 2008. d) In 2009 (or the sixth year ofthe program): 1) The Agency will allocate to each budget EGU that is listed in Appendix F ofthis Part the number ofallowances listed in Column 9 ofAppendix F for that budget EGU and any allowances that are not allocated to budget EGUs under subsection (d)(2) ofthis Section will be allocated as provided in subsection (d)(4) ofthis Section. 2) The Agency will apportion to each budget EGU that commenced commercial operation on or afterJanuary 1, 1995, and before May 1, 2005, allowances calculated in the following equation:

0.50? !HI? ER! A 

### = 2000

Where:

HI = heat input (in mmbtu/control period) as determined in Section 217.762(b) ofthis Part.

ER = the NOx emission rate in lbs/mmbtu, as determined in Section 217.762(a)(2) ofthis Part. A 

### = allowances ofNOxicontrol period. 3) Notwithstanding subsection (d) (2) ofthis Section, ifthe total number of allowances determined by subsection (d)(2) ofthis Section is more than 15,043, which is the number ofallowances remaining in the trading budget after allocations have been made to budget EGUs insubsection (d)(1) ofthis Section, the Agency will prorate the total number ofNOx allowances available to budget EGUs that received allowances pursuant to the criteria in subsection (d) (2) ofthis Section so thatthe total number of allowances allocated to these budget EGUs does not exceed 15,043. 4) Ifthe total number ofallowances allocated pursuant to subsection (d) (2) ofthis Section is less than 15,043, which is the number ofallowances remaining in the trading budget after allocations have been made tobudget EGDs in subsection (d)

### (1) ofthis Section, the Agency will allocate the remaining allowances to budget EGDs as follows: A) For budget EGDs in subsection (d) (1) ofthis Section, the pro-rata allocation shall be determined by the heat input calculated pursuant to Section 217.762(b) ofthis Part, multiplied by the emission rate in Section 217.762(a)(1) ofthis Part. B) For budget EGDs in subsection (d)(2) ofthis Section, the pro-rata allocation shall be determined by the heat input calculated pursuant to Section 217.762(b) ofthis Part, multiplied by the emission rate in Section 217.762(a)(2) ofthis Part. 5) The Agency will allocate allowances from the new source set-aside, pursuant to Section 217.768 ofthis Part, to budget EGDs that commenced commercial operation after May 1, 2005 and that have not operated for the full 2005 control period. 6) As ofApril 30, 2009, ifthe number ofallowances in the new source setaside exceeds 3% ofthe total number oftons of

### NOx emissions in the trading budget apportioned to budget EGDs as determined pursuant to Section 217.768(i) and 

### G) ofthis Part, the number ofallowances above 3% will be allocated to budget EGDs receiving allowances pursuant to this subsection (d). 7) The Agency will report these allocations to DSEPA by April 1, 2006, except for allocations from the new source set-aside, which the Agency will report by May 1, 2009. e) In 2010 (orthe seventh year ofthe program): 1) The Agency will allocate to each budget EGD that is listed in Appendix F ofthis Partthe number ofallowances listed in Column 9 ofAppendix F for that budget EGD and any allowances that are not allocated to budget EGDs under subsection (e)(2) ofthis Section as provided in subsection (e)(4) ofthis Section. 2) The Agency will assign to each budgetEGD that commenced commercial operation on or afterJanuary 1, 1995, and before May 1,2006, allowances as calculated in the following equation:



### A 0.50? !HI ? ER! 2000

Where:HI = heat input (in mmbtu/control period) as determined in Section 217.762(b) ofthis Part.

ER = the NOx emission rate in lbs/mmbtu, as determined in Section 217.762(a)(2) ofthis Part.

A 

### = allowances ofNOxicontrol period. 3) Notwithstanding subsection (e)(2) ofthis Section, ifthe total number of allowances determined by subsection (e)(2) ofthis Section is more than 15,043, which is the number ofallowances remaining in the trading budget after allocations have been made to budget EGUs in subsection (e)(1) ofthis Section, the Agency will prorate the total number ofNOx allowances allocated to budget EGUs that received allowances pursuant to the criteria in subsection (e)(2) ofthis Section so that the total number of allowances allocated to these budget EGUs does not exceed 15,043. 4) Ifthe total number ofallowances allocated pursuant to subsection (e)(2) of this Section is less than 15,043, which is the number ofallowances remaining in the trading budget after allocations have been made to budget EGUs in subsection (e)

### (1) ofthis Section, the Agency will allocate the remaining allowances to budget EGUs as follows: A) For budget EGUs in subsection (e)(1) ofthis Section, the pro-rata allocation shall be determined by the heatinput calculatedpursuant to Section 217.762(b) ofthis Part, multiplied by the emission rate in Section 217.762(a)(1) ofthis Part. B) For budget EGUs in subsection (e)(2) ofthis Section, the pro-rata allocation shall be determined by the heat inputcalculated pursuant to Section 217.762(b) ofthis Part, multiplied by the emission rate in Section 217.762(a)(2) ofthis Part. 5) The Agency will allocate allowances from the new source set-aside, pursuant to Section 217.768 ofthis Part, to budget EGUs that commenced commercial operation afterMay 1, 2006 and that have not operated for the full 2006 control period. 6) As ofApril 30, 2010, ifthe number ofallowances in the new source setaside exceeds 3% ofthe total number oftons ofNOx emissions in the trading budget apportioned to budget EGUs as determined pursuant to Section 217.768(i) and 

### G) ofthis Part, the number ofallowances above 3% will be allocated to budget EGUs receiving allowances pursuantto this subsection (e).7) The Agency will report these allocations to USEPA by April 1, 2007, except for allocations from the new source set-aside, which the Agency will report by May 1, 2010. 

### f) In 2011 (or the eighthyear) ofthe program and annually thereafter: 

### 1) The Agency will apportion the available NOx allowances to each budget EGU based on its heat input determined in Section 217.762(b) ofthis Part, multiplied by: A) For budget EGUs that commenced commercial operation prior to January 1, 1995, the NOx emission rate determined in Section 217.762(a)(l) ofthis Part. B) For budget EGUs that commenced commercial operation on or afterJanuary 1, 1995, the NOx emission rate determined in Section 217.762(a)(2) ofthis Part. 2) The Agency will allocate allowances from the new source set-aside, pursuant to Section 217.768 ofthis Part, to budget EGUs that commenced commercial operation after the control period four years prior to the year in which allocations are made and that have not operated for the full control period four years priorto the year in which the allocations are being made. 3) As ofApril 30, 2011, ifthe number ofallowances in the new source setaside exceeds 3% ofthe total number oftons ofNOx emissions in the trading budget apportioned to budget EGUs as determined pursuant to Section 217.768(e) and 

### (f) ofthis Part, the number ofallowances above 3% will be allocated to budget EGUs receiving allowances pursuantto this subsection 

### (f). 4) The Agency will report these allocations to USEPA by April 1 ofeach yearthat is three years priorto the year in which the allocations are being made, except for allocations from the new source set-aside, which the Agency will report by May 1 ofeach year in which the allocations are being made. BOARQ NOTE: Because oflitigation involving the NOx SIP Call, Michigan v. EPA, No. 98- 1497,2000 WL 180650 (D.C. Cir. March 3,2000), the years defining the control periods may change. Should this occur, the dates set forth under eachyear will be considered to adjust correspondingly. (Source: Added at 25 Ill. Reg. 128, effective December 26, 2000)Section 217.768 New Source Set-Asides for "New" Budget EGUs a) "New" budget EGUs 

### 1) A "new" budget EGU is one that commenced commercial operation on or afterJanuary 1, 1995, and does not receive allowances pursuant to Section 217.764 ofthis Part. 2) "New" budget EGUs must have an allowance for every ton ofNOx emitted during the control period as provided in Section 217.756(d) of this Part. 3) A "new" budget EGU may request from the Agency a number of allowances that is not more than the number ofallowances for which it is eligible, as determined in subsection (e) ofthis Section. b) The Agency shall apportion allowances from the new source set-aside as follows: 

### 1) For 2004, 2005, and 2006, to budget EGUs that commenced commercial operation on or afterJanuary I, 1995; and 2) For 2007 and thereafter, to budget EGUs that have not operated the full control period four years prior to the control period for which the allocation is being made. c) The Agency will establish a new source set-aside for each control period. Each new source set-aside will be allocated allowances equal to: 

### 1) 5% ofthe EGU trading budget in 2004, 2005, and 2006, which is 1,535 allowances, subjectto adjustment to reflect additions or deletions to the EGU trading budget; 2) 2% ofthe EGU ofthe trading budget in 2007 and thereafter, which is 614 allowances, subject to adjustment to reflect additions or deletions to the EGU trading budget. 3) As ofApril 30 ofthe applicable year, beginning in 2009 and thereafter, if the number ofallowances in the new source set-aside is greaterthan or equal to 3% ofthe total number oftons ofNOx emissions in the trading budget apportioned to budget EGUs, which is 921 allowances, subjectto adjustmentto reflect additions ordeletions to the EGU trading budget, pursuant to subsections (i) and 

### G) ofthis Section, the number of allowances above 3% will be allocated to budget EGUs receivingallowances pursuant to Section 217.764 ofthis Part. These allowances shall be allocated on a pro-rata basis. d) The account representative ofa "new" budget EGU under subsection (a) ofthis Section may obtain 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 setaside. The allocation request for each applicable control period must be submitted after the date on which the Agency issues a construction permit to the budget EGU and before March 1 ofthe control period for which the allocation is requested. e) In an allocation request under subsection (d) ofthis Section, the account representative may request allowances for a control period in a number that does not exceed the projected heat input in mmbtu during the applicable control period multiplied by the more stringent of0.15 lb/mmbtu orthe permitted emission rate, but no more stringentthan 0.055 lb/mmbtu. The projected heat input shall be determined as set forth below, divided by 2000 lbs/ton: 1) For "new" budget EGUs that have heat input from at leastthree control periods prior to the allocation year, the average ofthe budget EGU's two highest seasonal heat inputs from the control periods one to three years priorto the allocation year; 2) For "new" budget EGUs that have heatinput from only two control periods prior to the allocationyear, the average ofthe budget EGU's seasonal heat inputs from the control periods one and two years priorto the allocation year; 3) For "new" budget EGUs that have seasonal heat input from only the control period priorto the allocation year, the heatinput from that control period; or 4) For "new" budget EGUs that have commenced commercial operationbut have not operated for at least 77 days ofthe control period prior to the allocation year, the budget EGU's maximum design heat input for the control period as designated in the construction permit. f) Beginning in 2007, the Agency will review and allocate allowances pursuantto each allocation request, contingent upon receiving payment pursuantto subsection (k) ofthis Section, by April 15 ofthe applicable year, as follows: 1) Upon receipt ofthe allocation request, the Agency will determine whetherthe request is consistentwith the requirements ofsubsections (d) and (e) ofthis Section and will make any necessary adjustments to therequest to ensure that the control period and the number ofallowances requested are consistentwith those requirements ofsubsections (d) and (e) ofthis Section. 2) Ifthe new source set-aside for the control period for which allowances are requested has a number ofallowances greater than or equal to the total number requested by all "new" budget EGUs, the Agency will allocate the number ofallowances requested to the "new" budget EGUs. 3) Ifthe new source set-aside for the control period for which allowances are requested has a number ofallowances less than the total number of allowances requested by all "new" budget EGUs, the Agency will allocate the available allowances to the "new" budget EGUs on apro-rata basis, based on the number ofallowances requested. g) For "new" budget EGUs that commenced commercial operation on or after January 1, 1995, but prior to January 1, 2004, the Agency will notify the account representative ofthe number ofallowances that have been allocated to the "new" budget EGU by March 30 ofthe applicable year. There will be no charge for allowances received under this subsection. h) For "new" budget EGUs that commenced commercial operation on or after January 1, 2004, the Agency will notify by March 30 ofthe applicable year the account representative ofthe number ofallowances that are eligible for purchase for the "new" budgetEGU pursuant to the requirements ofsubsection (k) ofthis Section. Ifthe Agency does not receive payment by April 15 ofthe applicable year, the account representative will forfeit his/her eligibility to purchase the allowances offered. The Agency will make available for purchase those forfeited allowances on apro-rata basis to "new" budget EGUs that received allocations pursuantto subsection (f)(2) ofthis Section, up to the number ofallowances requested by each account representative. Such additional allocations are subject to the purchase requirements ofsubsection (k) ofthis Section, to the extent applicable. i) For "new" budget EGUs that have commenced commercial operation but have operated for 76 or fewer days ofthe control period in 2003, USEPA will deduct allowances to account for the actual utilization ofthe EGU during the 2004 control period consistentwith the provisions of40 CFR 96.42(e). Any allowances allocated by the Agency for such "new" budget EGUs that are not used for compliance during the 2004 control period shall be returned to the Agency's new source set-aside account. j) For the years 2004, 2005, and 2006, any allowances that are not allocated pursuant to subsections 

### (g), (h) and (i) ofthis Section will be allocated on apro-rata basis to the budget EGUs listed in Appendix F ofthis Part. There will be no charge for allowances received under this subsection. k) Fees for new source set-aside allowances: 1) "New" budget EGUs that commence commercial operation on or after January 1, 2004, that obtain allowances allocated from the new source set-aside shall pay for such allocations pursuantto Section 9.9 ofthe Act. 2) The price ofallowances from the new source set-aside shall be: A) The average price at which NOx allowances are traded in the interstate NOx Trading Program for the preceding control period; and B) For 2004 only, the price shall be the average price at which NOx allowances were traded in 2003 in the Ozone Transport Region. 3) The fees collected by the Agency from the sale ofallowances will be distributed pro-rata to budget EGUs receiving allowances pursuant to Section 217.764 ofthis Part on the basis ofallocated allowances subject to Agency administrative costs assessed pursuant to Section 9.9 ofthe Act. 1) A "new" budget EGU will become an existing budget EGU and will receive allowances pursuantto the requirements ofSection 217.764 ofthis Part, as follows: 1) For abudget EGU that commences commercial operation between and includingJanuary 1, 1995, and April 30, 2003, the budget EGU will be allocated allowances in 2004 for the 2007 control period and will become an existing budget EGU on May 1, 2007. 2) For abudget EGU that commences commercial operation after April 30, 2003, the budget EGU will become an existing budget EGU in the control period for which it receives an allocation pursuantto Section 217.764 ofthis Part. 

### Itwill be considered a "new" budget EGU and will receive its allowances from the new source set-aside in the intervening years from start-up until it receives allocations pursuant to Section 217.764 ofthis Part.

BOARD NOTE: Because oflitigation involving the NOx SIP Call, Michigan v. EPA, No. 98- 1497 2000 WL 180650 (D.C. Cir. March 3, 2000), the years defining the control periods may change. Should this occur, other dates in this Section will be considered to adjust as necessary,(Source: Added at 25 Ill. Reg. 128, effective December 26, 2000)

Section 217.770 Early Reduction Credits for Budget EGUs

Ifabudget EGU reduces its 

### NOx emission rate as required by the applicable provisions of subsection (c) ofthis Section in the 2001, 2002, or 2003 control period, for use in the 2004 control period, or later control periods authorized by USEPA, the accountrepresentative may request early reduction credits (ERCs) for such reductions, and the Agency will allocate ERCs to the budget EGU in accordance with the following: a) Each budget EGU for which the account representative requests any ERCs under subsection (d) ofthis Section shall monitor

### NOx emissions in accordance with 40 CFR 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 requested. For example, ifERCs are requested for reductions made in the 2001 control period, the budget EGU must have implemented the applicable monitoring for the 2000 control period. The unit's monitoring system availability shall be not less than 90% during the control period priorto the control period in which the 

### NOx emissions reduction is made and the unit must be in compliance with any applicable State or federal emissions or emissions-related requirements. b) The 

### NOx emission rate and heat input under subsections (c) through (e) ofthis Section shall be determined in accordance with 40 CFR 96, subpart H. c) Each budget EGU for which ERCs are requested under subsection (d) ofthis Section musthave reduced its 

### NOx emission rate for each control period for which ERCs are requested, as follows: 1) For budget EGUs subject to the requirements ofTitle IV ofthe CAA and not included in a

### NOx averaging plan pursuant to 40 CFR 72 and 76, as incorporated by reference in Section 217.104 ofthis Part, at least 30% less than the 

### NOx emission rate specified in the applicable Title IV permit or other applicable federally enforceable permit. 2) For budget EGUs subject to the requirements ofTitle IV ofthe CAA and included in a 

### NOx averaging plan pursuantto 40 CFR 72 and 76, at least 30% less than the annual emission rate reqUired in the 

### NOx averaging plan in the applicable Title IV permitor other applicable federally enforceable permit. 3) For budget EGUs not subjectto the requirements ofTitle IV ofthe CAA, at least 30% less than the actual 

### NOx emissions rate (lbs/mmbtu) for the 2000 control period.d) The account representative ofabudget EGU that meets the requirements of subsections (a) through (c) ofthis Section may submit to the Agency a request for ERCs for a EGU based on NOx emission rate reductions made by the EGU in control periods 2001, 2002, and 2003, in accordance with subsection (c) of this Section. 1) The number ofERCs for any applicable control period shall be an amount equal to the unit's heat input for such control period multiplied by the difference between the EGU's NOx emission rate (meeting the requirements ofsubsection (c) ofthis Section for the applicable control period) and the EGU's actual NOx emission rate for the applicable control period, divided by 2000 lbs/ton, and rounded to the nearest ton. 2) Upon request ofthe account representative, the ERC allowance allocation for aparticular EGU may be deposited in the source's general account rather than in the unit's compliance account. 3) The early reduction request must be submitted in a format specified by the Agency by: A) November I, 2001, for reductions made in the 2001 control period; B) November I, 2002, for reductions made in the 2002 control period; and C) November I, 2003, for reductions made in the 2003 control period. e) In the eventthat the date for implementing the NOx SIP Call, May 31, 2004, is delayed, the early reduction request must be submitted in accordance with any rulemaking or guidance by USEPA on the distribution ofthe Compliance SupplementPool underthe NOx SIP Call (63 Fed. Reg. 57356). 

### f) The Agency will allocate ERCs to the budget EGUs meeting the requirements of subsections (a) through (c) ofthis Section and covered by ERC requests meeting the requiremeilts ofsubsection (d) ofthis Section in accordance with the following procedures: 1) Upon receipt ofeach ERC request, the Agency will accept the request only ifthe requirements ofsubsections (a) through (d) ofthis Section are met and will make any necessary adjustmentto the request to ensure that the amount ofthe ERCs requested meets the requirements ofsubsections (b) through (d) ofthis Section;2) The Agency shall allocate at least 15,261 ERCs over three years, as follows: A) 

### IfUSEPA has approved this Subpart as a SIP revision, not more than one-halfofthe total ERC allowances for reductions made in the control period in 2001; B) Not more than one-halfofthe total ERC allowances for reductions made in the control period in 2002; and C) Any ERC allowances not allocated pursuant to subsection (f)(2)(A) or (B) ofthis Section, for reductions made in the control period in 2003. 3) Ifthe number ofERC allowances requested for a reduction achieved in the control period in 2003 is less than or equal to the number ofERC allowances designated for that control period in subsection (f)(2)(A) of this Section, the Agency will allocate to each budget EGU one allowance for each accepted ERC request; 4) Ifthe number ofERC allowances requested for a reduction achieved in the control period in 2003 is greaterthan the number ofERC allowances designated for that control period in subsection (f)(2)(A) ofthis Section, the Agency will allocate to each budget EGU allowances for accepted requests on a pro-rata basis. 

### g) The Agency will notify the account representative submitting an ERC request for the subsequent control period ofthe number ofERC allowances that will be allocated to eachbudget EGU for that control period as follows: 1) By March 1, 2002, for ERCs requested for and earned in the 2001 control period; 2) By March 1, 2003, for ERCs requested for and earned in the 2002 control period; and 3) By March 1, 2004, for ERCs requested for and earned in the 2003 control period. h) By May 1, 2004, the Agency will submitto USEPA the ERC allocations made by the Agency underthis Section. USEPA will record such allocations to the extent that they are consistent with the requirements ofthis Section. i) ERC allowances recorded under subsection (h) ofthis Section may be deducted for compliance under 40 CFR 96.54, as incorporated by reference in Section217.104 ofthis Part, for the control period in 2004 or such additional control periods as may be specified by USEPA. Notwithstanding 40 CFR 96.55(a), USEPA will deduct as retired any ERC allowances that are not deducted for compliance in accordance with 40 CFR 96.54 for the control period in 2004. j) ERC allowances are treated as banked allowances in 2004 for the purposes of40 CFR 96.55(a) and (b). (Source: Added at 25 Ill. Reg. 128, effective December 26, 2000)

Section 217.774 Opt-In Units a) Any operating fossil fuel-fired stationary boiler, combustion turbine, combined cycle system, cement kiln or stationary internal combustion engine in the State may qualify under this Subpartto become abudget opt-in unit ifit: 1) Is not abudget EGU under Section 217.754 ofthis Part; 2) Vents all ofits emissions to a stack; 3) Has documented heat input for more than 876 hours in the six months immediately preceding the submission ofan application for an initial budgetpermitunder subsection (d) ofthis Section; 4) Is not covered by a retired unit exemption under 40 CFR 96.5; 5) Is not covered by the low-emitter exemption under Section 217.754(c) of this Part; and 6) Is notlocated at a source listed in Appendix D ofthis Part. b) Except as otherwise provided in this Part, abudget opt-in unit shall be treated as abudget EGU for purposes ofapplying this Subpart and 40 CFR 96. c) Authorized accountrepresentative: 1) Ifan opt-in unitis located at the same source as one ormore budget EGUs, it shall have the same account representative as those budget EGUs. 2) Ifthe opt-in unit is not located at the same source as one or more budget EGUs, the owner or operator ofthe opt-in unit shall submit a complete account certificate ofrepresentation under 40 CFR 96.13.d) To apply for a budget permit, the account representative ofa unit meeting the qualifications ofsubsection (a) ofthis Section must, except as providedunder Section 217.778(f) ofthis Part, submitto the Agency: 1) A budget permit application for the unitthat: A) Meets the requirements under Section 217.758 ofthis Part; and B) Contains provisions for a change in the regulatory status ofthe unit to abudget opt-in unit under Section 217.754 ofthis Part pursuant to the provisions ofSection 217.780(b) ofthis Part. 2) A monitoring plan for the unit in accordance with 40 CFR 96, subpart H. (Source: Added at 25 Ill. Reg. 128, effective December 26, 2000)

Section 217.776 Opt-In Process

The owner or operator ofa unit meeting the qualifications ofSection 217.774(a) ofthis Part may submit an application for a budget permitfor abudget opt-in unit under Section 217.774(d) ofthis Part. The Agency will issue or deny abudgetpermit for such opt-in unit in accordance with Section 217.758 ofthis Part and the following: a) The Agency will determine, on an interimbasis, the sufficiency ofthe monitoring plan accompanying the initial application for a budgetpermit for an opt-in unit. A monitoring plan is sufficient, for purposes ofinterim review, if the plan contains information demonstrating that the NOx emissionrate and heat input ofthe unit are monitored and reported in accordance with 40 CFR 96, subpartH. A determination ofsufficiency shall notbe construed as acceptance or approval ofthat unit's monitoring plan. b) Ifthe Agency determines thatthe unit's monitoring plan is sufficientunder subsection (a) ofthis Section and after completion ofthe monitoring system certification under 40 CFR 96, subpart H, the NOx emissionrate and the heat input ofthe 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 orfederal emissions or emissions-related requirements. c) Based on the information monitored and reported under subsection (b) ofthis Section, the unit's baseline heatrate shall be calculated as the unit's total heat input (in mmbtu) for the control period and the unit's baseline NOx emission rate shall be calculated as the unit's total NOx emissions (in lbs) for the control period divided by the unit's baseline heat rate.(Source: Added at 25 Ill. Reg. 128, effective December 26, 2000)

Section 217.778 Budget Opt-In Units: Withdrawal from NOx Trading Program a) Requesting withdrawal. To withdraw from the NOxTrading Program, the account representative ofa budget opt-in unit shall submitto the Agency a request to withdraw from the NOx Trading Program and to withdraw the budget permit effective as ofa specified date between (and not including) September 30 and May 1. The submission shall be made no later than 90 days prior to the requested effective date ofwithdrawal. b) Conditions for withdrawal. 1) Before a budget opt-in unit may withdraw from the NOx Trading Program and the budgetpermit may be withdrawn under this Section, the following conditions mustbe met: A) Forthe 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. B) Ifthe budget opt-in unit has excess emissions for the control period immediately before the withdrawal is to be effective, USEPA has deducted from the budget opt-in unit's compliance account, orthe overdraft account ofthe NOx budget source where the budget opt-in unit is located, the number ofallowances required in accordance with 40 CFR 96.54(d) for the control period. 2) After the requirements for withdrawal under subsection (b)

### (1) ofthis Section are met, USEPA will deduct from the opt-in unit's compliance account, or the overdraft account ofthe budget source where the budget opt-in unit is located, allowances equal in number to any allowances allocated to that unit under Section 217.782 ofthis Part for the same or earliercontrol period for which the withdrawal is to be effective. USEPA will close the budget opt-in unit's compliance account and will establish, and transfer any remaining allowances to, anew general account for the owners and operators ofthe opt-in unit. The account representative for the budget opt-in unit shall become the account representative for the general account. c) A budget opt-in unit that withdraws from the NOx Trading Program shall comply with all requirements under the NOx Trading Program concerning all years forwhich such budget opt-in unit was a budget opt-in unit, even ifsuch requirements arise or mustbe complied with after the withdrawal takes effect. d) Notification. 

### 1) After the requirements for withdrawal under subsections (a) and (b) of this Section are met (including deduction ofthe full amount ofallowances required), the Agency will revise the budget permit indicating a specified effective date for the withdrawal that is after the requirements in subsections (a) and (b) ofthis Section have been met and that is priorto May 1 or after September 30. 2) Ifthe requirements for withdrawal under subsections (a) and (b) ofthis Section are not met, the Agency will issue a notification to the owner or operator and the account representative ofthe budget opt-in unit that the opt-in unit's request to withdraw its budgetpermit is denied. Ifthe budget opt-in unit's request to withdraw is denied, the budget opt-inunit shall remain subject to the requirements for a budget opt-in unit. e) Reapplication upon failure to meet conditions ofwithdrawal. Ifthe Agency denies the budget opt-in unit's request to withdraw, the account representative of the budget opt-in unit may submit anotherrequest to withdraw in accordance with subsections (a) and (b) ofthis Section. f) Ability to return to the NOx Trading Program. Once an opt-in unit withdraws from the NOxTrading Program and its budget permit is withdrawn under this Section, the account representative may not submit another application for a budget permit under Section 217.774(d) ofthis Part for the unit priorto the date that is four years after the date on which the budget permitwith opt-in conditions is withdrawn. (Source: Added at 25 Ill. Reg. 128, effective December 26, 2000)

Section 217.780 Opt-In Units: Change in Regulatory Status a) Notification. When an opt-in unit becomes a budget opt-in unit under Section 217.754(d) ofthis Part, the owner oroperator shall notify the Agency and USEPA in writing ofsuch change in the opt-in unit's regulatory status within 30 days after such change. b) Any permit application that provides for a change in the regulatory status ofa unit to abudget opt-in unit pursuant to Section 217.774(d)(1)(B) ofthis Part and is included in a budget permit is effective on the date on which such opt-inunit becomes abudget opt-in unit under Section 217.754 ofthis Part.c) USEPA action. 1) USEPA will deductfrom the compliance account for the budget opt-in unit under this Section, orthe overdraft account ofthe budget source where the budget opt-in unit is located, allowances equal in number to and allocated for the same or a prior control period as: A) Any allowances allocated to the budget unit (as an opt-in unit) under Section 217.782 ofthis Part for any control period after the last control period during which the unit Is budget permit was effective; and B) Ifthe effective date ofany budget permit under subsection (b) of this Section is during a control period, the allowances allocated to the budget opt-in unit (as an opt-in unit) under Section 217.782 of this Part for the control period multiplied by the ratio ofthe number ofdays in the control period, starting with the effective date ofthe budgetpermit under subsection (b) ofthis Section, divided by the total number ofdays in the control period. 2) The account representative shall ensure that the compliance account ofthe budget opt-in unit under subsection (b) ofthis Section, orthe overdraft account ofthe budget source where the budget opt-in unitis located, contains the allowances necessary for completion ofthe deduction under subsection (c)

### (1) ofthis Section. Ifthe compliance account or overdraft account does not contain sufficient allowances, USEPA will deductthe required number ofallowances, regardless ofthe control period for which they were allocated, whenever allowances are recorded in either account. 3) For every control period during which any budget permit under subsection (b) ofthis Section is effective, the budget opt-in unit under subsection (b) ofthis Section will be treated, solely for purposes of allowance allocations under Section 217.764 or 217.768 ofthis Part, as a unitthat commenced operation on the effective date ofthe budgetpermit under subsection (b) ofthis Section and will be allocated allowances in accordance with Section 217.764 or 217.768 ofthis Part. 4) Notwithstanding subsection (c)(2) ofthis Section, ifthe effective date of any budget permit under subsection 

### (b) ofthis Section is during a control period, the following number ofallowances will be allocated to the budget opt-in unit under subsection (b) ofthis Section orunder Section 217.764 or 217.768 ofthis Part for the control period: the number of allowances otherwise allocated to the budget opt-in unitunder Section 217.764 or 217.768 ofthis Part for the control period multiplied by theratio ofthe number ofdays in the control period, starting with the effective date ofthe budget permit under subsection (b) ofthis Section, divided by the total number ofdays in the control period. d) When the owner or operator ofan opt-in unit does not renew the budget permit for the budget opt-in unit issued pursuantto Section 217.774(d), USEPA will deductfrom the budget opt-in unit's compliance account, orthe overdraft account ofthe budget source where the budget opt-in unit is located, allowances equal in number to and allocated for the same or a prior control period as any allowances allocated to the budget opt-in unitunder Section 217.782 ofthis Part for any control period after the last control period for which the budget permit is effective. The account representative shall ensure that the budget opt-in unit's compliance account or the overdraft account ofthe budget source where the budget opt-in unit is located contains the allowances necessary for completion of such deduction. Ifthe compliance account or overdraft account does not contain sufficient allowances, USEPA will deduct the required number ofallowances, regardless ofthe control period for which they were allocated, whenever allowances are recorded in either account. e) After the deduction under subsection (d) ofthis Section is completed, USEPA will close the opt-in unit's compliance account. Ifany allowances remain in the compliance account after completion ofsuch 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 ofthe opt-in unit. The account representative for the optin unit shall become the account representative for the general account. (Source: Added at 25 Ill. Reg. 128, effective December 26, 2000)

Section 217.782 Allowance Allocations to Budget Opt-In Units a) Allowance allocations: 1) By the December 31 immediately before the first control period for which the budgetpermit is effective, the Agency will allocate allowances to the budget opt-in unit and submit to USEPA the allocation for the control period in accordance with subsection (b) ofthis Section. 2) By no laterthan the December 31 afterthe first control period for which the budget permit is in effect and the December 31 ofeach year thereafter, the Agency will allocate allowances to the budget opt-inunit and submitto USEPA allocations for the next control period, in accordance with subsection (b) ofthis Section.b) For each control period for which the budget opt-in unit has abudget permit, the budget opt-in unit will be allocated allowances in accordance with the following procedures: 1) The heat input (in mmbtu) used for calculating allowance allocations will be the lesser of: A) The opt-in unit's baseline heat input determined pursuant to Section 217.776(c) ofthis Part; or B) The opt-in unit's heat input, for the control period in the year prior to the year ofthe control period for which the allocations are being calculated, as determined in accordance with 40 CFR 96, subpart H. 2) The Agency will allocate allowances to the budget opt-in unit in an amount equaling the heat input (in mmbtu) determined under subsection (b)

### (l) ofthis Section multiplied by the lesser of: A) The unit's baseline NOx emission rate (in lbs/mmbtu) determined pursuant to Section 217.776{c) ofthis Part; or B) The lowest NOx emissions limitation (calculated in lbs/mmbtu) under State or federal law that is applicable to the budget opt-in unit for the year ofthe control period for which the allocations are being calculated during the control period, regardless ofthe averaging period to which the emissions limitation applies. (Source: Added at 25 Ill. Reg. 128, effective December 26, 2000)

SUBPART X: VOLUNTARY NOxEMISSIONS REDUCTION PROGRAM

Section 217.800 Purpose

The purpose ofthis Subpart is to implement Section 9.9{d)(3) ofthe Actby providing a method by which additional NOx allowances may be generated for use by emission units subject to the requirements ofSubparts U orW ofthis Part. [415 ILCS 5/9.9{d)(3)] (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

Section 217.805 Emission Unit Eligibility Any owner or operator ofa stationary source may submit aproposal, as proVided in Section 217.835 ofthis Subpart, for voluntarily reducing NOxemissions during the control period, ifeach emission unit from which NOxreductions at the source will be obtained meets the following criteria: a) Discharges through a stack; b) Is fossil fuel-fired; c) Is not subject to the requirements ofSubparts T, U, V orW ofthis Part; d) Is not aretired unit pursuant to 40 CFR 96.5; e) Has not elected to become an opt-in unit pursuant to Section 217.754 or Section 217.774 ofthis Part; and f) Is not a stationary internal combustion engine that emits more than one ton of NOxper day during the ozone control period. (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

Section 217.810 Participation Requirements a) Any owner or operator ofa source (emission reduction source) with one or more emission units meeting the requirements ofSection 217.805 ofthis Subpart and seeking to make quantifiable, verifiable and federally enforceable voluntary reductions ofNOxemissions during the control period from one or more emission units (emission reduction units) must comply with the following requirements: 

### 1) Submit a NOxemission reduction proposal that meets the requirements of Section 217.835 ofthis Subpart; 2) Request an emission cap on NOxemissions from all NOxemission units at the emission reduction source that are not otherwise subjectto Subparts U orW ofthis Part, and that are the same type ofemission unit as the emission reduction unit (e.g., ifthe emissionreduction unitis aboiler, combined cycle system orturbine, then the emission cap mustinclude all boilers, combined cycle systems or turbines that are not otherwise subject. to Subparts U orW ofthis Part, or ifthe emission unitis a cement kiln, then the emission cap must include all cement kilns), provided, however, the owner or operatorofthe source may submit a demonstration in accordance with Section 217.835 ofthis Subpartthat any like-kind emission unit orunits should not be included in the NOxemission cap;3) Demonstrate how the NOx emission cap required by subsection (a)(2) of this Section is to be determined, in accordance with Sections 217.820 and 217.845 ofthis Subpart, which cap reflects the NOxemission reduction specified in the proposal; 4) Permit requirements: A) Obtain a permit, or an amendment to an existing permit, for the source, with federally enforceable conditions containing the commitments in the NOx emission reduction proposal and the emissions cap by the later ofMay 1, 2003, or the date on which the reduction in NOx emissions will commence and operate the

source in compliance with such permit; or B) For each emission unit that will be generating voluntary NOx emissions by ceasing operation, withdrawing the applicable permit, or requesting a revision to the permit to reflect the shut down ofthe emission reduction unit, by the later ofMay 1, 2003, or the date speCified in the NOx reduction proposal. 5) Submit an emissions baseline determination for each unit subject to the NOx emission cap in accordance with the requirements ofSection 217.820 ofthis Subpart. 6) Monitoring requirements: A) To the extent applicable, each emission reduction unit at the source shall comply with the monitoring requirements ofSection 217.850 ofthis Subpart. B) The emissions measurements recorded and reported in accordance with Sections 217.850 and 217.855 ofthis Subpart shall be used to determine compliance by the emission reduction unit with the emissions limitation set forth in the NOx emission reduction proposal and the federally enforceable permit conditions reqUired pursuantto subsection (a)(4) ofthis Section. C) The emissions measurements recorded and reported in accordance with Sections 217.850 and 217.855 ofthis Subpart shall be used to determine compliance by the emission reduction source with the emissions cap set forth in the NOx emission reduction proposal and the federally enforceable permit condition required pursuant to subsection (a)(4) ofthis Section.b) The owner or operator ofthe emission reduction source is required to submit an annual certificationto the Agency thatthe source has complied with the cap on NOxemissions for the source and that the NOxemission reductions specified in the approved proposal were made pursuantto the requirements ofSection 217.850 ofthis Subpart. (Source: Added at 25 Ill. Reg.5914, effective Apri117, 2001)

Section 217.815 NOxEmission Reductions and the Subpart X NOxTrading Budget a) NOxemission reductions may be recognized under this Subpart ifthey are quantifiable, verifiable, and federally enforceable, and meet one or more ofthe following criteria: 1) Due to the use ofany NOxemission reduction technology (e.g., combustion orpost combustion control technology or fuel switching) at the emission reduction unit pursuant to federally enforceable conditions in the permit for the unit addressing such control technology or fuel switching, NOx emissions from the emission reduction unit for any control period beginning in 2003 are or will be lower than such unit's emissions baseline. The amount ofactual NOxemission reductions shall be determined in accordance with Section 217.820 ofthis Subpart, and the amount ofcreditable NOxemission reductions shall be determined in accordance with Section 217.825 ofthis Subpart; 2) The emission reduction unit is permanently shut down afterJanuary 1, 1995, and the owner oroperator requests arevision to the relevant operating permit to reflect the shut down ofthe emission reduction unit. The amount ofactual NOxemission reductions shall be determined in accordance with Section 217.820 ofthis Subpart, and the amount of creditable NOxemission reductions shall be determined in accordance with Section 217.825 ofthis Subpart; 3) During any control period beginning in 2003, the emission reduction unit's control period NOxemission rate or hours ofoperation is reduced pursuantto federally enforceable conditions in apermitfor such unit, resulting in an actual reduction in NOxemissions from such unit's emissions baseline. The amount ofactual NOx emission reductions shall be determined in accordance with Section 217.820 ofthis Subpart, and the amount ofcreditable NOxemission reductions shall be determined in accordance with Section 217.825 ofthis Subpart.b) USEPA shall adjust the State's trading portion ofthe statewide NOx budget, as established in the NOx 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, ofverifiable, quantifiable, and federally enforceable NOx emission reductions meeting the requirements ofthis Subpart (the Subpart X NOxTrading Budget), and allowances from the Subpart X NOxTrading Budget shall be allocated to recipient emission units in accordance with this Subpart. c) The Agency shall submit an allocation to USEPA for the creditable portion of verifiable, quantifiable, and federally enforceable NOx emission reductions meeting the requirements ofthis Subpart, which allocation may be used for the purposes ofdemonstrating compliance with the requirements ofSubparts U and W ofthis Part. d) IfUSEPA adjusts or fails to adjust the Subpart X NOxTrading Budget as to any individual emission reduction unit, the Subpart X NOxTrading Budget shall not be adjusted pro-rata, and only the allowance allocation for that emission reduction unit will be adjusted. (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

Section 217.820 Baseline Emissions Determination a) An emission unit's emissions baseline shall be determined as follows: 

### 1) By multiplying the unit's actual emissions during the 1995 calendaryear, as reported in the annual emission report submitted in accordance with 35 Ill. Adm. Code 254, by 5/12ths; or 2) Ifthe NOx emissions from the unit were not included in the emission reduction source Is 1995 annual emissions report submitted to the Agency pursuantto 35 Ill. Adm. Code 254, by determining the base case amount included for such unit in the NOxSIP Call inventory, as specified in the "Technical SupportDocument for Illinois' Statewide NOxBudget" (63 Fed. Reg. 17349 (Nov. 7, 1997)). b) Ifthe NOxbaseline emissions for the 1995 control period cannot be determined bythe either ofthe methods listed in subsection (a)(1) or (2) ofthis Section, such actual NOxbaseline emissions shall be determined based on the average emission rate multiplied by the average number ofhours ofoperation from two ofthe three control periods, as selected by the emission reduction source, priorto the year the emission reduction proposal is effective. The unit's emission rate and hours ofoperation will be determined based on the unit's reported NOxemissionrate and hours ofoperation in the most recent annual emission reports for such unit submitted in accordance with 35 Ill. Adm. Code 254. (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

Section 217.825 Calculation ofCreditable NOx Emission Reductions

For actual NOxemission reductions achieved pursuant to Section 217.815(a) ofthis Subpart, the gross amount ofcontrol period actual NOxemission reductions shall be determined pursuant to Section 217.820 ofthis Subpart. Eighty percent ofthe actual NOx emission reductions achieved pursuant to Section 217.815(a) shall be creditable. Twenty percent ofthe actual NOxemission reductions shall be retired for the benefit ofair quality. (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

Section 217.830 Limitations on NOxEmission Reductions a) Each NOx allowance issued for NOx emission reductions meeting the requirements ofthis Subpart is a limited authorization to emit one ton ofNOxin accordance with the federal NOxTrading Program as set forth in Subpart U or W ofthis Part, as applicable. No provision ofthe federal NOxTrading Program, the emission reduction proposal, the permit application, the permit, or oflaw shall be construed to limit the authority ofthe United States orthe State to terminate orlimitsuch authorization. b) Any NOx allowance issued in accordance with this Subpart does not constitute a property right. (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

Section 217.835 NOx Emission Reduction Proposal a) A NOxemission reduction proposal shall include the following: 1) Information identifying each emission unit at the source that emits NOx' whetherthe unitis subject to SubpartT, U, V ,W orX ofthis Part, and the baseline emissions for each emission unit subject to the NOxemission cap as determined in accordance with Section 217.820 ofthis Subpart; 2) Information identifying each emission reduction unit from which the NOx emission reductions have been or will be achieved;3) An explanation ofthe method used to achieve the NOx emission reductions; 4) The amount ofthe NOx emission reductions, including supporting calculations and documentation, such as fuel usage information; 5) The emission units subject to the NOxemission cap in accordance with Section 217.810(a) ofthis Subpart, and ifall like-kind or same-type emission units are not proposed to be included within the NOx emission cap, an explanation ofhow the owner or operator ofthe emission reduction source will ensure thatproduction shifting will not occur, such that the emission reduction source will achieve real, verifiable, and quantifiable NOx emission reductions; 6) The control period NOxemission cap to be achieved by the emission reduction source, including both the baseline emissions for eachrecipient unit subject to the NOx emission cap and the NOxemission reductions from the emission reduction units included in the proposal; 7) The name and address ofthe owner or operator ofeach emission unit to which the NOxallowances will be allocated, the Subpart ofthis Part (i.e, Subpart U orW) to which each unit is subject, including the name, telephone number, and account number ofthe account representative for each such unit; and 8) Certification by the owner or operatorofeach unit that is the subjectof each proposed emission reduction proposal ofhis/her acceptance ofthe terms ofthe proposal and certification that the emission reductions specified in the proposal have been or will be achieved. b) The owner or operatorofa source submitting an emission reduction proposal must notify the Agency in writing within 30 days ofany event or circumstance that makes the NOx emission reduction proposal incorrect orincomplete. c) The owner or operator ofa source with an approved emission reduction proposal may request to withdraw its emissionreduction proposal, and cease to create NOx allowances under this Subpart, as follows: 1) Requesting withdrawal: To withdraw from participation underthis Subpart, the owner or operatorofan 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 ofa specified date between (and not including) September 30 and May 1. Thesubmissionshall be made no later than 90 days prior to the requested effective date ofwithdrawal. 2) 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 217.855 ofthis Subpart for the control period immediately before the withdrawal is to be effective. 3) An emission reduction source that withdraws from this Subpart shall comply with all requirements underits 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 ifsuch requirements arise or must be complied with afterthe withdrawal takes effect. 4) Notification: A) Afterthe requirements for withdrawal under subsections (a) and (b) ofthis Section are met, the Agency will revise the permit indicating a specified effective date for the withdrawal that is after the requirements in subsections (a) and (b) ofthis Section have been met and that is priorto May 1 or after September 30. B) Ifthe requirements for withdrawal under subsections (a) and (b) ofthis Section are not met, the Agency will issue a notification to the owner or operator ofthe emission reduction source that the request to withdraw its permit is denied. Ifthe request to withdraw is denied, the source shall remain subject to the requirements ofits approved emission reduction proposal and federally enforceable permit conditions addressing the proposal and the requirements ofthis Subpart. 5) Reapplication upon failure to meet conditions ofwithdrawal: Ifthe Agency denies the request ofthe owneror operatorofthe emission reduction source's request to withdraw, the owneror operator ofthe source may submit another request to withdraw in accordance with subsections (a) and (b) ofthis Section. 6) Upon successful withdrawal from the program, the emission reduction source shall no longer be subjectto the provisions ofthis Subpart. (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)Section 217.840 Agency Action a) The Agency shall notify the owner or operator submitting a NOx emission reduction proposal in writing ofits decision with respect to the proposal within 90 days after receipt ofsuch proposal and, ifapplicable, ofNOxemissions 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. Ifthe Agency disapproves or conditionally approves a proposal, this written notice shall include a statement ofthe specific reasons for the disapproval or conditional approval ofthe proposal. The following shall be considered a final Agency action for the purposes ofappeal: ifthe Agency fails to take action within such 90 day period, subjectto any extension, or ifthe Agency disapproves a proposal. Ifthe Agency conditionally approves a proposal, the owner or operator ofthe emission reduction source has 30 days to submit a modified proposal addressing the specific items listed by the Agency. Ifthe owner and operator ofthe emission reduction source does not submit amodified 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 ofappeal. b) The NOxemissions reduction proposal will notbe effective until: 1) After the owner or operator ofthe emission reduction source has obtained or modified a permit with federally enforceable conditions addressing the requirements ofthis Subpart; or 2) IfNOx emission reductions are being obtained by the shut down ofan emission reduction unit, the owner or operator ofthe emission reduction unit has either: A) Obtained or modified a permitwith federally enforceable conditions addressing the requirements ofthis Subpart; or B) Withdrawn the applicable permit and the Agency has: i) Provided USEPA with a copy ofthe proposal and notice ofthe Agency's proposed approval ofthe emission reduction proposal, and USEPA has not disapproved such proposal; 

### ii) Published notice and offered an opportunity to comment, pursuantto 35 Ill. Adm. Code 252, on such permit withdrawal, its proposed approval ofthe emission reduction proposal for the shut down ofthe emission reduction unitand the creditable NOx emission reductions that will be created by the shut down. c) Ifthe Agency approves the proposal, and subject to the provisions ofsubsection (b) ofthis Section, the Agency shall submit an allocation to USEPA for the creditable reductions created pursuant to the requirements ofthis Subpart subject to the following: 

### 1) 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 NOx emissions reductions are verified, and the requirements ofthis Subpart continue to be met; 2) The owner or operator ofthe emission reduction source has, by the November 1 following the control period that the emission reduction unit has reduced NOxemissions, verified the NOxemission reductions in accordance with Section 217.845 ofthis Subpart, and obtained apermit containing federally enforceable conditions addressing the requirements of this Subpart; 3) The allowances shall be issued by May 1 afterthe control period in which the reduction has occurred, for use in any future control period. (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

Section 217.845 Emissions Determination Methods

The owner oroperator ofan emission reduction source must demonstrate thatit has obtained the NOxemission reductions, and has not exceeded its NOx emission cap, as specifiedin its approved NOx emission reduction proposal, as follows: a) Ifthe NOxemission reductions are generated pursuantto Section 217.815(a)(1) ofthis Subpart, the NOxemission rate for each emission reduction unit shall be determined as follows: 

### 1) Through the use ofcontinuous emissions monitoring in accordance with Section 217.850 ofthis Subpart; or 2) Through the use ofany test methods and procedures provided in 40 CFR 60 and approved by the Agency, or any other method approved by the Agency when included as federally enforceable conditions in apermit issued orrevised pursuant to this Subpart.b) Ifthe NOxemission reductions are generated pursuantto Section 217.815(a)(3) ofthis Subpart, submit an initial compliance demonstration plan to the Agency 120 days prior to the control period date thatthe emission reduction unitwill commence NOxemission reductions in compliance with an approved emissions reduction proposal. Such demonstration shall be based on the actual NOx emission rate measured in accordance with Section 217.850 ofthis Subpart. c) Ifthe emission reduction unit's compliance with the NOx emission reduction proposal is determined in accordance with subsection (a)(2) ofthis Section, conducting an initial test 90 days prior to the date the specified emission reductions will be obtained, or within 45 days ofthe Agency's request for NOx emission reductions already obtained, and notifying the Agency in writing ofany test performed to comply with the requirements ofthis Subpart at least 30 days prior to the test. The Agency may at any time require annual control period testing ofany emission unit at the NOxemission reduction source, and may require such testing as part ofits approval ofa NOxemission reduction proposal. d) By the November 1 following each control period in which NOx emission reductions are generated, the owner or operator ofan emission reduction source must: 1) Submit a compliance certification, including supporting data, thatthe NOx emission cap, as specified in its approved NOx emission reduction proposal, has not been exceeded; and 2) Monitor and report the NOx emissions during each control period from all NOxemission units at the source subjectto the NOxemission cap in accordance with Sections 217.850 and 217.855 ofthis Subpart. e) The owner or operator ofan emission reduction source shall, 120 days priorto the date that the emission reduction source will commence NOxemission reductions in compliance with an approved emissions reduction proposal, submit to the Agency aperformance evaluation for each CEMS using the applicable performance specifications in 40 CFR 60, Appendix B, as incorporated by reference in Section 217.104 ofthis Part. (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

Section 217.850 Emissions Monitoring a) The owneror operator ofan emission reduction source shall install, calibrate, maintain, and operate during the control period on each NOx emission unit at the

source subjectto the NOx 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 NOxemissions to the atmosphere. b) The CEMS shall be operated and data recorded during all periods ofoperation ofthe emission unit atthe source during the control period, except for periods of CEMS breakdowns and repairs as proVided in subsection (e) ofthis Section. c) CEMS quality assurance data must be recorded during calibration checks and zero and span adjustments. d) The I-hour average NOx emissions measured by the CEMS shall be: 1) Expressed in lbs/hr or in lbs/mmbtu and heat input; 2) Calculated using the data points required under 40 CFR 60.13, as incorporated by reference in Section 217.104 ofthis Subpart; and 3) Calculated using at least two data points separated by a minimum of 15 minutes (where the unit operates for more than one quarter ofan hour) if data are unavailable as a result ofthe performance ofcalibration, quality assurance, orpreventive maintenance activities. e) The procedures under 40 CFR 60.13, as incorporated by reference in Section 217.104 ofthis Subpart, shall be followed for installation, evaluation, and operation ofeach CEMS. f) For monitoring systems measuring NOxin lbs/hr, ifNOxemission data are not obtained because ofCEMS breakdown, repairs, calibration checks, or zero and span adjustments, NOxemission data shall be obtained**~y** using the data substitution procedures contained in 40 CFR 75, subpartD, incorporated by reference in Section 217. 104 ofthis Part. g) For monitoring systems measuring NOxin lbs/mmbtu, ifNOxemission data are not obtained because ofCEMS breakdown, repairs, calibration checks, orzero and span adjustments, NOx emission data shall be obtained by using the rolling hourly average ofemission data recorded for the previous 30 day period of operation ifthe data capture for such period is 95% or greater and the period of missing data is equal to or less than 24 consecutive hours. Ifthe data capture for such previous 30 day period is less than 95% or the period ofmissing data is greaterthan 24 consecutive hours, the data shall be obtained by using the highest hourly average recorded during the previous 30 days ofoperation.h) The CEMS shall be subjectto the quality assurance procedures and requirements of40 CFR 60, Appendix F, incorporated by reference in Section 217.104 ofthis Part. (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

Section 217.855 Reporting a) By the November 1 ofeach year beginning in 2003, orthe year ofthe first control period for which NOx emission reductions were generated in accordance with this Subpart, an owner or operator ofan emission reduction source must, as a seasonal component ofthe annual emission report for the source pursuant to 35 Ill. Adm. Code 254, report to the Agency the total control period NOx emissions ofeach NOx emission unit at the source subjectto the NOx emission cap. b) Within 30 days after receipt ofsuch data or evaluation, the owner or operatorof each emission reduction source shall submit to the Agency 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 B, as incorporated by reference in Section 217.104 ofthis Part. (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

Section 217.860 Recordkeeping a) The owner or operator ofan emission reduction source shall keep and maintain the following records for each NOx emission unit at the source subjectto the NOx emission cap: 1) Daily, monthly, and control period operating hours; 2) Type and quantity ofeach fuel used daily during the control period; 3) Control period capacity factor ofindividual fuels fired and all fuels fired; 4) Monitoring records; and 5) 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 B, as incorporated by reference in Section 217.104 ofthis Part.b) The owneror operatorofan emission reduction source shall maintain records of the following information for each operating day for each NOxemission unit subjectto the NOxemission cap: 1) Calendar date; 2) The average hourly NOxmass emission rate expressed as lbs/hr; 3) The control period total NOxmass emissions to date; 4) Identification oftimes when emission data have been excluded from the calculation ofNOx mass emissions, the reasons for excluding the data, and any corrective actions taken; 5) Identification ofthe times when the pollutant concentration exceeded full span ofthe CEMS; 6) Description ofany modifications to the CEMS that could affect the ability ofthe CEMS to complywith the Performance Specifications in 40 CFR 60, Appendix B; and 7) Results ofdaily CEMS drift tests and quarterly accuracy assessments as required under 40 CFR 60, Appendix F. c) The owner or operator ofany NOxemission reduction source subjectto the continuous monitoring requirements for NOxunderthis Subpart, shall submit a compliance certification containing the informationrecorded under subsection (b) ofthis Section. All compliance certification reports shall be postmarked by November 1 orthe next business day ifNovember 1 falls on a Saturday or Sunday, ofeach control period in which NOxemission reductions are generated. d) Maintenance ofrecords: Unless otherwise provided, the owner or operator ofa NOxemission reduction source shall keep on site at the source, each ofthe following documents for aperiod of5 years from the date the document is created. This period may be extended for cause, at any time priorto the end of 5 years, in writing by the Agency. 1) The emission reduction proposal and all documents that demonstrate the accuracy ofthe statements in the proposal for eachyearthe emission reduction source generates NOxreductions under this Subpart and for 5 years thereafter.2) All emissions monitoring information required pursuantto this Subpart; provided thatto the extent that 40 CFR 60 provides for a 3-yearperiod for recordkeeping, the 3-yearperiod shall apply. 3) Copies ofall reports, compliance certifications, and other submissions and all records made or required under this Subpart. 4) Copies ofall documents used to complete any permit application and supporting documents and any other submission to demonstrate compliance with the requirements ofthis Subpart. (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

Section 217.865 Enforcement a) Excess emissions requirements: The owner or operator ofan emission reduction source for which NOxreductions have been recognized pursuant to this Section and that has excess NOxemissions in any control period for which NOx allowances have been issued must: 

### 1) For the first control period during which the emission reduction source has excess NOxemissions, purchase NOxallowances in an amount equal to 2times the excess NOxemissions in accordance with the federal NOx Trading Program and surrender the allowances to the Agency by December 31 following the control period in which the emission reduction source had excess emissions; 2) For the second control period during which the emission reduction source has excess NOx emissions, purchase allowances in an amount equal to 3 times the excess NOxemissions in accordance with the federal NOx Trading Program and surrender the allowances to the Agency by December 31 following the control period in which the emission reduction source had excess emissions; 3) Ifthe emission reduction source has excess NOx emissions for 3 control periods, purchase allowances in an amount equal to 4times the excess NOxemissions pursuantto the federal NOxTrading Program and surrenderthe allowances to the Agency by December 31 following the control period in which the emission reduction source had excess emissions, and the NOxemission reduction proposal shall be automatically revoked. The emission reduction source will thereafter not be able to generate NOxemission reductions for which NOxallowances may be issued under this Subpart.b) All allowances surrendered to the Agency pursuant to subsections (a)(1) through (a)(3) ofthis Section shall be retired to benefit air quality. c) Nothing in this Subpart limits the authority ofthe State orthe federal government to seek penalties and injunctive relieffor any violation ofthis Subpart or any permit condition. Nothing in this Subpart limits the right ofthe State or the federal government or any person to directly enforce against actions or omissions which constitute violations ofpermits required by the Act or regulations promulgated thereunder or the CAA or applicable federal environmental laws and regulations. (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

Section 217.APPENDIX A Rule into Section Table

Rule

207(a)(l) 207(a)(2) 207(a)(3) 207(a)(4) 207(a)(5)(A) 207(a)(5)(B) 207(b) 207(c) 207(d) 207(e) 207(f) 207(g)

Section 217.APPENDIX B Section into Rule Table Section 217.121(a) 217.121(b) 217.121(c) 217.121(d) and 217.521(a) 217.121(e) 217.521 (b) 217.141(a)-(c) 217.141 (d) 217.381 217.301 217.101 Appendix C

Section Rule

217.100 217.101 207(f) 217.102 217.103 217.104 217.121 207(a)(1)-(4) and 207(a)(5)(A) 217.141 207(b) and 207(c) 217.301 207(e)217.381 217.521 Appendix C

Section 217.APPENDIX C Compliance Dates 207(d) 207(a)(4) and 207(a)(5)(B) 207(g)

Every owner or operator ofa new emission source was required to comply with the standards and limitations ofthis Part by April 14, 1972. Except as otherwise provided in the next paragraph, every owner or operator ofan existing emission source was required to comply with the standards and limitations ofthis Part by December 31, 1973. Every owner or operator ofan existing coal fired fuel combustion emission source was required to comply with the applicable standards and limitations ofthis Part by May 30, 1975.

Section 217.Appendix D Non-Electrical Generating Units

COMPANY ID # / NAME UNIT DESIGNATION

1 2

A E STALEY MANUFACTURING CO 115015ABX 85070061299 115015ABX 85070061299 115015ABX 73020084129

ARCHER DANIELS MIDLAND CO EAST PLANT 115015AAE 85060030081 115015AAE 85060030081 115015AAE 85060030081 115015AAE 85060030082 115015AAE 85060030082 115015AAE 85060030082 115015AAE 85060030083 115015AAE 85060030083 UNIT DESCRIPTION 

### 3

COAL-FIRED BOILER 1 COAL-FIRED BOILER 2 BOILER#25

COAL-FIRED BOILER 1 COAL-FIRED BOILER 2 COAL-FIRED BOILER 3 COAL-FIRED BOILER 4 COAL-FIRED BOILER 5 COAL-FIRED BOILER 6

GAS-FIRED BOILER 7 GAS-FIRED BOILER 8

CPC INTERNATIONAL INC. 031012ABI 031012ABI 031012ABI 031012ABI 031012ABI 031012ABI 91020069160 73020146041 73020146042 73020146043 73020147045 73020147046 COAL-FIRED BOILER 6 BOILER SERIAL 15813 BOILER SERIAL 15812 GAS FIRED BOILER NO 4

BOILER SERIAL 18345 GAS FIRED BOILER NO 5GREAT LAKES NAVAL STATION 097811AAC 78080071011 097811AAC 78080071011

INDIAN REFINING LIMITED PARTNERSHIP 101805AAC 72110297015 101805AAC 72110297016 101805AAC 72110297017

JEFFERSON SMURFIT CORPQRATION 119010AAL 72120426001 BOILER # 5 BOILER # 6

BOILER 18601 BOILER 18602 BOILER 18603

BLR 7-COAL FIRED

MARATHON OIL CO ILLINOIS REFINING DIVISION 033808AAB 72111291055

033808AAB 72111291056 BOILER #3 OIL,REF GAS FIRED BOILER #4 REF GAS,OIL FIRED

MOBIL JOLIET REFINING CORP 197800AAA 72110567002

197800AAA 86010009043 AUX BOILER-REFINERY GAS FULL FIRE IF COGEN DOWN STATIONARY GAS TURBINE

PEKIN ENERGY COMPANY 179060ACR QUANTUM

- USI DIVISION 063800AAC 063800AAC 063800AAC 063800AAC 063800AAC QUANTUM

- USI DIVISION 041804AAB 041804AAB 041804AAB 041804AAB 041804AAB 73020087019

72100016013 72100016013 72100016014 72100016016 72100016017

72121207108 72121207109 72121207110 72121207111 72121207112 BOILER # 1 BOILER # 2 #3 GAS FIRED BOILER #5 GAS FIRED BOILER #6 BOILER

BOILER NO 1 BOILER NO 2 BOILER NO 3 BOILER NO 4 BOILER NO 5

SHELL OIL CO WOOD RIVER MFG COMPLEX 119090AAA 72110633080 119090AAA 72110633081 BOILERNO 15 BOILER NO 16119090AAA 72110633082 BOILER NO 17

U S STEEL

- SOUTH WORKS 031600ALZ

031600ALZ 82010044013

82010044014 NO.6 BOILER,#5 POWER STATION (FUEL-NAT.GAS) NO 1 BLRNG

UNIV OF ILL

- ABBOTT POWER PLANT 019010ADA 82090027006 BOILER #7 (265 MBTU)

UNO-YEN COMPANY 197090AAI 72110253037

. BOILER 43-B-1 (Source: Added at 25 Ill. Reg. 128, effective December 26, 2000)



## r U't 

### N El t' 

### 1G L S 

### r 217 A d' E

ec IOn

. ,ppen IX arge on- ec flea enera mg m s COMPANY UNIT UNIT BUDGET BUDGET ID #/ DESIGNATION DESCRIPTION ALLOCAT ALLOCATION NAME ION LESS 3% NSSA 1 2 3 4 5

A. 

### E. STALEY MANUFACTURING CO 115015ABX 85070061299 COAL-FIRED 176 171 BOILER 1 115015ABX 85070061299 COAL-FIRED 175 170 BOILER 2 115015ABX 73020084129 BOILER #25 125 121 A. E. STALEY MANUFACTURING CO (Total 476 462 Allocation)

ARCHER DANIELS MIDLAND CO EAST PLANT 115015AAE 85060030081 COAL-FIRED 238 231 BOILER 1 115015AAE 85060030081 COAL-FIRED 261 253 BOILER 2 115015AAE 85060030081 COAL-FIRED 267 259 BOILER 3 115015AAE 85060030082 COAL-FIRED 276 268 BOILER 4 115015AAE 85060030082 COAL-FIRED 275 267 BOILER 5 115015AAE 85060030082 COAL-FIRED 311 302BOILER 6 115015AAE 85060030083 GAS-FIRED 19 18 BOILER 7 115015AAE 85060030083 GAS-FIRED 19 18 BOILER 8 ARCHER DANIELS MIDLAND CO EAST 1,666 1,616 PLANT (Total Allocation)

CORN PRODUCTS INTERNATIONAL INC 031012ABI 91020069160 GAS-FIRED 55 53 BOILER 6 031012ABI 73020146041 BOILER # 1 210 204 COAL-FIRED 031012ABI 73020146042 BOILER # 2 210 203 COAL-FIRED 031012ABI 73020146043 GAS FIRED 81 79 BOILER NO 4 WEST STACK BLRS 031012ABI 73020147045 BOILER # 3 211 205 COAL-FIRED 031012ABI 73020147046 GAS FIRED 81 79 BOILER NO 5- EAST STACK BOILER CORN PRODUCTS INTERNATIONAL INC 848 823 (Total Allocation)

GREAT LAKES NTC 097811AAC 78080071011 BOILER # 5 26 25 097811AAC 78080071011 BOILER# 6 26 25 GREAT LAKES NTC (Total Allocation) 52 50

JEFFERSON SMURFIT CORPORATION 119010AAL 72120426001 BLR 7-COAL 39 38 FIRED JEFFERSON SMURFIT CORPORATION (Total 39 38 Allocation)

MARATHON OIL CO ILLINOIS REFINING DIV 033808AAB 72111291055 BOILER #3 53 51 OIL,REF GAS FIRED033808AAB 172111291056 IBOILER#4 REF 53 52 GAS,OIL FIRED MARATHON OIL CO ILLINOIS REFINING 106 103 DIV (Total Allocation)

EXXON MOBIL 197800AAA 72110567002 AUX BOILER- 101 98 REFINERY GAS 197800AAA 86010009043 STATIONARY 85 82 GAS TURBINE EXXON MOBIL (Total Allocation) 186 180

WILLIAMS 179060ACR 73020087019 BOILER C - 377 366 PULVERIZED DRY BOTTOM WILLIAMS (Total Allocation) 377 366 EQUISTAR 063800AAC 72100016013 BOILER # 1 40 39 063800AAC 72100016013 BOILER # 2 40 39 063800AAC 72100016014 #3 GAS FIRED 40 39 BOILER 063800AAC 72100016016 #5 GAS FIRED 40 39 BOILER 063800AAC 72100016017 #6 BOILER 40 38 EQUISTAR (Total Allocation) 200 194 EQUISTAR 041804AAB 72121207108 BOILER NO 1 121 118 041804AAB 72121207109 BOILER NO 2 121 118 041804AAB 72121207110 BOILER NO 3 121 117 041804AAB 72121207111 BOILER NO 4 120 116 041804AAB 72121207112 BOILER NO 5 0 0 EQUISTAR (Total Allocation) 483 469

TOSCO 119090AAA 72110633080 BOILER NO 15 40 38 119090AAA 72110633081 BOILER NO 16 40 39 119090AAA 72110633082 BOILER NO 17 80 78 TOSCO (Total Allocation) 160 155

U S STEEL

- SOUTH WORKS031600ALZ 82010044013 NO.6 BOILER,#5 90 88 POWER STATION (FUELNAT.GAS) 031600ALZ 82010044014 NO 1 BLR NG 90 87 US STEEL

- SOUTH WORKS (Total Allocation) 180 175

UNIV OF ILL

- ABBOTT POWER PLANT 019010ADA 182090027006 /BOILER #7 86 83 UNIV OF ILL

- ABBOTT POWER PLANT (Total 86 83 Allocation)

CITGO PETROLEUM CORPORATION 197090AAI 172110253037 IBOILER 43-B-1 23 22 CITGO PETROLEUM CORPORATION (Total 23 22 Allocation)

LTV STEEL COMPANY 301600AMC [UNIT BOILER NO 4B 

### * * DESIGNATION] LTV STEEL COMPANY (Total Allocation) 

### * * * Pursuant to Section 217.460(f), Column 2, Column 4 and Column 5 will be adjusted at such time as USEPA makes an allocation for LTV Steel's BoilerNo. 4B.

IGRAND TOTAL 4,882 4,736 (Source: Added at 25 Ill. Reg.5914, effective April 17, 2001)

Section 217.Appendix F Allowances for Electrical Generating Units

Generating 80% of 50% of Company Unit EGU NOx NOx NOx 2004, Name/ID Designation Designation Budget Budget Budget 2005, 2007, 2009, # Allowa Allowa Allowa 2006 2008 2010 nces nces nces Allowa Allowa Allowa nces nces nces 1 2 3 4 5 6 7 8 9 Company Totals No No No 5% 2% 2% NSSA NSSA NSSA NSSA NSSA NSSAC G 

### E 

### Ameren nergy eneratmg ompany 135803AA Coffeen 1 Coffeen 1 550 440 275 523 431 270 A 135803AA Coffeen 2 Coffeen 2 945 756 473 898 741 463 A 077806AA G. Tower Boiler 7 55 44 28 52 43 27 A 3 077806AA G. Tower Boiler 8 44 35 22 42 35 22 A 3 077806AA G. Tower Boiler 9 199 159 100 189 156 98 A 4 033801AA Hutsonville Boiler 5 161 129 81 153 126 79 A 3 033801AA Hutsonville Boiler 6 129 103 65 123 101 63 A 4 135805AA Meredosia Boiler 1 33 26 17 31 26 16 A 1 135805AA Meredosia Boiler 2 23 18 12 22 18 11 A 1 135805AA Meredosia Boiler 3 23 18 12 21 18 11 A 2 135805AA Meredosia Boiler 4 28 22 14 27 22 14 A 2 135805AA Meredosia Boiler 5 432 346 216 410 339 212 A 3 135805AA Meredosia Boiler 6 28 22 14 27 22 13 A 4 079808AA Newton 1 Newton 1 1,101 881 551 1,046 863 539 A 079808AA Newton 2 Newton 2 1,074 859 537 1,020 842 526 A Ameren Eng. Gen. Co. Totals 4,825 3,860 2,413 4,584 3,783 2,364

AES 057801AA D. Creek D. Creek 914 731 457 868 717 448 A 143805AA Edwards 1 Edwards 1 251 201 126 239 197 123 G 143805AA Edwards 2 Edwards 2 368 294 184 350 288 180 G 143805AA Edwards 3 Edwards 3 655 524 328 622 513 321 G AES Totals 2,188 1,750 1,094 2,079 1,715 1,072CWLP 167120AA Dallman 1 Boiler 31 141 113 71 134 111 69 

### 0 167120AA Dallman 2 Boiler 32 202 162 101 192 158 99 

### 0 167120AA Dallman 3 Boiler 33 474 379 237 450 372 232 

### 0 167120AG G. Turbine G. Turbine 91 73 46 86 71 45 Q #2 #2 167120AA Lakeside 7 Lakeside 7 47 38 24 45 37 23 

### 0 167120AA Lakeside 8 Lakeside 8 42 34 21 40 33 21 

### 0 CWLP Totals 997 798 499 947 782 489

Midwest Generation 063806AA Collins 1 Collins 1 302 242 151 287 237 148 F 063806AA Collins 2 Collins 2 305 244 153 290 239 150 F 063806AA Collins 3 Collins 3 469 375 235 446 368 230 F 063806AA Collins 4 Collins 4 290 232 145 275 227 142 F 063806AA Collins 5 Collins 5 458 366 229 435 359 224 F 031600AIN Crawford 7 Crawford 7 365 292 183 347 286 179 031600AIN Crawford 8 Crawford 8 463 370 232 440 363 227 031600AM Fisk 19 Fisk 19 523 418 262 497 410 256 I 031600AM Fisk Peaker GT 31-1 9 7 5 9 7 4 I 031600AM Fisk Peaker GT 31-2 9 7 5 9 7 4 I 031600AM Fisk Peaker GT 32-1 9 7 5 9 7 4 I 031600AM Fisk Peaker GT 32-2 9 7 5 9 7 4 I 031600AM Fisk Peaker GT 33-1 9 7 5 8 7 5 I 031600AM Fisk Peaker GT 33-2 9 7 5 8 7 5 I 031600AM Fisk Peaker GT 34-1 9 7 5 8 7 5 I031600AM Fisk Peaker GT 34-2 9 7 5 8 7 5 I 197809AA Joliet 6 Boiler 5 119 95 60 113 93 58 

### 0 197809AA Joliet 7 Boiler 71 455 364 228 432 357 223 

### 0 197809AA Joliet 7 Boiler 72 709 567 355 673 556 347 

### 0 197809AA Joliet 8 Boiler 81 748 598 374 711 587 367 

### 0 197809AA Joliet 8 Boiler 82 497 398 249 472 390 244 

### 0 179801AA Powerton 5 Boiler 52 739 591 370 702 579 362 A 179801AA Powerton5 Boiler 51 739 591 370 702 579 362 A 179801AA Powerton 6 Boiler 61 739 591 370 702 579 362 A 179801AA Powerton 6 Boiler 62 739 591 370 702 579 362 A 097190AA Waukegan Boiler 17 199 159 100 189 156 98 C 6 097190AA Waukegan Waukegan 376 301 188 357 295 184 C 7 7 097190AA Waukegan Waukegan 667 534 334 634 523 327 C 8 8 097190AA Peaker GT 31-1 5 4 3 4 4 2 C 097190AA Peaker GT 31-2 5 4 3 5 4 2 C 097190AA Peaker GT 32-1 5 4 3 5 4 3 C 097190AA Peaker GT 32-2 5 4 3 5 4 3 C 197810AA Will Will 364 291 182 346 285 178 

### K County 1 County 1 197810AA Will Will 354 283 177 336 278 173 

### K County 2 County 2 197810AA Will Will 449 359 225 427 352 220 

### K County 3 County 3 197810AA Will Will 766 613 383 728 601 375 

### K County 4 County 4 Midwest Generation Totals 11,926 9,541 5,963 11,330 9,350 5,844

### D E am.**ner~** :y 021814AA Kincaid 1 Kincaid 1 792 634 396 752 621 388 B 021814AA Kincaid 2 Kincaid 2 873 698 437 829 684 428 B Dam. Energy Totals 1,665 1,332 833 1,581 1,305 816

El E I nergy nco 127855AA Joppa 1 Joppa 1 481 385 241 457 377 236 C 127855AA Joppa 2 Joppa 2 515 412 258 489 404 252 C 127855AA Joppa 3 Joppa 3 513 410 257 487 402 251 C 127855AA Joppa 4 Joppa 4 384 307 192 365 301 188 C 127855AA Joppa 5 Joppa 5 463 370 232 440 363 227 C 127855AA Joppa 6 Joppa 6 524 419 262 498 411 257 C El. Energy Inc. Totals 2,880 2,304 1,440 2,736 2,258 1,411 

### DMG 157851AA Baldwin 1 Baldwin 1 1,114 891 557 1,058 873 546 A 157851AA Baldwin 2 Baldwin 2 931 745 466 884 730 456 A 157851AA Baldwin 3 Baldwin 3 1,318 1,054 659 1,252 1,034 646 A 125804AA Havana 1-5 Boiler 1 

## a a a a a a B 125804AA Havana 1-5 Boiler 2 

## a a a a a a B 125804AA Havana 1-5 Boiler 3 

## a a a a a a B 125804AA Havana 1-5 Boiler 4 

## a a a a a a B 125804AA Havana 1-5 Boiler 5 

## a a a a a a B 125804AA Havana 1-5 Boiler 6 

## a a a a a a B 125804AA Havana 1-5 Boiler 7 

## a a a a a a B125804AA Havana 1-5 Boiler 8 0 0 0 0 0 0 B 125804AA Havana 6 Boiler 9 547 438 274 520 429 268 B 155010AA Hennepin 1 Hennepin 1 149 119 75 142 117 73 A 155010AA Hennepin 2 Hennepin 2 540 432 270 513 423 265 A 183814AA Vermilion Vermilion 17 14 9 16 13 8 A 1 1 183814AA Vermilion Vermilion 31 25 16 30 24 15 A 2 2 119020AA Wood Wood 0 0 0 0 0 0 E River 1 River 1 119020AA Wood Wood 0 0 0 0 0 0 E River 2 River 2 119020AA Wood Wood 0 0 0 0 0 0 E River 3 River 3 119020AA Wood Wood 219 175 110 208 172 107 E River 4 River 4 119020AA Wood Wood 714 571 357 678 560 350 E River 5 River 5 DMG Totals 5,580 4,464 2,790 5,301 4,375 2,734

SIPCO 199856AA Marion 1 Marion 1 14 11 7 13 11 7 C 199856AA Marion 2 Marion 2 10 8 5 10 8 5 C 199856AA Marion 3 Marion 3 30 24 15 29 23 15 C 199856AA Marion 4 Marion 4 511 409 256 485 401 250 C SIPCO Totals 565 452 283 537 443 277

Union Electric 119105AA Turbine Turbine 4 3 2 4 3 2 A 119105AA Venice 1 Venice 1 10 8 5 9 8 5 A 119105AA Venice 2 Venice 2 13 10 7 12 10 6 A 119105AA Venice 3 Venice 3 6 5 3 6 5 3 A

### 119105AA Venice 4 Venice 4 7 6 4 7 5 4 A 119105AA Venice 5 Venice 5 15 12 8 14 12 7 A 119105AA Venice 6 Venice 6 16 13 8 15 13 8 A 119105AA Venice 7 Venice 7 2 2 1 2 1 1 A 119105AA Venice 8 Venice 8 2 2 1 2 2 1 A Union Electric Totals 75 60 38 71 59 37 IL.....T_O_T_AL -'-I

### _30-,-,7_0_1I 

### 24,561 I 

### 15,351 I 

### 29,166 I 

### 24,070 I 

### 15,044 I



### (Source: Added at 25 Ill. Reg. 128, effective December 26, 2000)