### ILLINOISREGISTER
POLLUTIONCONTROLBOARD
NOTICEOFPROPOSEDAMENDMENTS
TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE B: AIR POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS FOR STATIONARY SOURCES
PART 211 DEFINITIONS AND GENERAL PROVISIONS
SUBPARTA: GENERAL PROVISIONS Section 211.101 211.102

Section 211.121 211.122 211.130 211.150 211.170 211.210 211.230 211.240 211.250 211.270 211.290 211.310 211.330 211.350 211.370 211.390 211.410 211.430 211.450 211.470 211.474 211.484 211.485 Incorporations by Reference Abbreviations and Conversion Factors
SUBPART B: DEFINITIONS
Other Definitions Definitions (Repealed) Accelacota Accumulator Acid Gases Actual Heat Input Adhesive Adhesion Promoter Aeration Aerosol Can Filling Line Afterburner Air Contaminant Air Dried Coatings Air Oxidation Process Air Pollutant Air Pollution Air Pollution Control Equipment Air Suspension Coater/Dryer Airless Spray AirAssisted Airless Spray Alcohol Animal Animal Pathological Waste

### 211.490 211.495 211.510 211.530 211.550 211.560 211.570 211.590 211.610 211.630
211.650 211.660 211.670 211.680 211.685 211.690 211.695 211.696 211.710 211.730 211.750 211.770 211.790 211.810 211.820 211.830 211.850 211.870 211.890 211.910 211.930 211.950 211.970 211.980 211.990 211.1010 211.1050 211.1070 211.1090 ILLINOISREGISTER
POLLUTIONCONTROLBOARD
NOTICEOFPROPOSEDAMENDMENTS
Annual Grain Through-Put Anti-Glare/Safety Coating Application Area Architectural Coating As Applied As-Applied Fountain Solution Asphalt Asphalt Prime Coat Automobile Automobile or Light-Duty Truck Assembly Source or Automobile or Light-Duty Truck Manufacturing Plant Automobile or Light-Duty Truck Refinishing AutomotivelTransportation Plastic Parts Baked Coatings Bakery Oven Basecoat/Clearcoat System Batch Loading Batch Operation Batch Process Train Bead-Dipping Binders British Thermal Unit Brush orWipe Coating Bulk Gasoline Plant Bulk Gasoline Terminal Business Machine Plastic Parts Can Can Coating Can Coating Line Capture Capture Device Capture Efficiency Capture System Certified Investigation Chemical Manufacturing Process Unit Choke Loading Clean Air Act Cleaning and Separating Operation Cleaning Materials Clear Coating

### 211.1110 211.1130 211.1150 211.1170 211.1190 211.1210 211.1230 211.1250 211.1270 211.1290 211.1310 211.1330 211.1350 211.1370 211.1390 211.1410 211.1430 211.1465 211.1467 211.1470 211.1490 211.1510 211.1520 211.1530 211.1550 211.1570 211.1590 211.1610 211.1630 211.1650 211.1670 211.1690 211.1710 211.1730 211.1750 211.1770 211.1780 211.1790 211.1810 211.1830 

### ILLINOISREGISTER
POLLUTIONCONTROLBOARD
NOTICEOFPROPOSEDAMENDMENTS
ClearTopcoat Closed Purge System Closed Vent System Coal Refuse Coating Coating Applicator Coating Line Coating Plant Coil Coating Coil Coating Line Cold Cleaning Complete Combustion Component Concrete Curing Compounds Concentrated Nitric Acid Manufacturing Process Condensate Condensible PM-1 0 Continuous Automatic Stoking Continuous Coater Continuous Process Control Device Control Device Efficiency Conventional Air Spray Conventional Soybean Crushing Source Conveyorized Degreasing Crude Oil Crude Oil Gathering Crushing CustodyTransfer CutbackAsphalt Daily-Weighted Average VOM Content Day Degreaser DeliveryVessel Dip Coating Distillate Fuel Oil Distillation Unit Drum Dry Cleaning Operation or Dry Cleaning Facility Dump-PitArea

### 211.1850 211.1870 211.1875 211.1880
211.1885 211.1890 211.1900 211.1910 211.1920 211.1930 211.1950 211.1970 211.1990 211.2010 211.2030 211.2050 211.2070 211.2090 211.2110 211.2130 211.2150 211.2170 211.2190 211.2210 211.2230 211.2250 211.2270 211.2285 211.2290 211.2300 211.2310 211.2330 211.2350 211.2360 211.2365 211.2370 211.2390 211.2410 211.2430 

### ILLINOISREGISTER
POLLUTIONCONTROLBOARD
NOTICEOFPROPOSEDAMENDMENTS
Effective Grate Area EffluentWater Separator Elastomeric Materials Electromagnetic Interference/Radio Frequency (EMI/RFI) Shielding Coatings Electronic Component Electrostatic Bell or Disc Spray Electrostatic Prep Coat Electrostatic Spray Emergency or Standby Unit Emission Rate #;', Emission Unit Enamel Enclose End Sealing Compound Coat Enhanced Under-the-Cup Fill Ethanol Blend Gasoline Excess Air Excessive Release Existing Grain-Drying Operation (Repealed) Existing Grain-Handling Operation (Repealed) Exterior Base Coat Exterior End Coat External Floating Roof Extreme Performance Coating Fabric Coating Fabric Coating Line Federally Enforceable Limitations and Conditions Feed Mill Fermentation Time Fill Final Repair Coat Firebox Fixed-RoofTank Flexible Coating Flexible Operating Unit Flexographic Printing Flexographic Printing Line Floating Roof Fountain Solution

### 211.2450 211.2470 211.2490 211.2510 211.2530 211.2550 211.2570 211.2590 211.2610 211.2630 211.2650 211.2670 211.2690 211.2710 211.2730 211.2750 211.2770 211.2790 211.2810 211.2830 211.2850 211.2870 211.2890 211.2910 211.2930 211.2950 211.2970 211.2990 211.3010 211.3030 211.3050 211.3070 211.3090 211.3110 211.3130 211.3150 211.3170 211.3190 211.3210 211.3230 ILLINOISREGISTER
POLLUTIONCONTROLBOARD
NOTICEOFPROPOSEDAMENDMENTS
Freeboard Height Fuel Combustion Emission Unit or Fuel Combustion Emission Source Fugitive Particulate Matter Full Operating Flowrate Gas Service Gas/Gas Method Gasoline Gasoline Dispensing Operation or Gasoline Dispensing Facility Gel Coat Gloss Reducers Grain Grain-Drying Operation Grain-Handling and Conditioning Operation Grain-Handling Operation Green-Tire Spraying Green Tires Gross Heating Value Gross Vehicle Weight Rating Heated Airless Spray Heatset HeatsetWeb Offset Lithographic Printing Line Heavy Liquid Heavy Metals Heavy Off-Highway Vehicle Products Heavy Off-Highway Vehicle Products Coating Heavy Off-Highway Vehicle Products Coating Line High Temperature Aluminum Coating High Volume Low Pressure (HVLP) Spray Hood HotWell Housekeeping Practices Incinerator Indirect HeatTransfer Ink In-ProcessTank In-Situ Sampling Systems Interior Body Spray Coat Internal-Floating Roof Internal Transferring Area Lacquers

### 211.3250 211.3270 211.3290 211.3310 211.3330 211.3350 211.3370 211.3390 211.3410 211.3430 211.3450 211.3470 211.3480 211.3490 211.3500 211.3510 211.3530 211.3550 211.3570 211.3590 211.3610 211.3620 211.3630 211.3650 211.3660 211.3670 211.3690 211.3695 211.3710 211.3730 211.3750 211.3770 211.3790 211.3810 211.3830 211.3850 211.3870 211.3890 211.3910 211.3915 ILLINOISREGISTER
POLLUTIONCONTROLBOARD
NOTICEOFPROPOSEDAMENDMENTS Large Appliance Large Appliance Coating Large Appliance Coating Line Light Liquid Light-Duty Truck Light Oil Liquid/Gas Method Liquid-Mounted Seal Liquid Service Liquids Dripping Lithographic Printing Line Load-Out Area Loading Event Low Solvent Coating Lubricating Oil MagnetWire MagnetWire Coating MagnetWire Coating Line Major Dump Pit Major Metropolitan Area (MMA) Major Population Area (MPA) Manually Operated Equipment Manufacturing Process Marine Terminal Marine Vessel Material Recovery Section Maximum Theoretical Emissions Maximum True Vapor Pressure Metal Furniture Metal Furniture Coating Metal Furniture Coating Line Metallic Shoe-Type Seal Miscellaneous Fabricated Product Manufacturing Process Miscellaneous Formulation Manufacturing Process Miscellaneous Metal Parts and Products Miscellaneous Metal Parts and Products Coating Miscellaneous Metal Parts or Products Coating Line Miscellaneous Organic Chemical Manufacturing Process Mixing Operation Mobile Equipment

### 211.3930 211.3950 211.3960 211.3965 211.3970 211.3990 211.4010 211.4030 211.4050 211.4055

### ~11.4065 211.4067 211.4070 211.4090 211.4110 211.4130 211.4150 211.4170 211.4190 211.4210
211.4230 211.4250 211.4260 211.4270 211.4290 211.4310 211.4330 211.4350
211.4370 211.4390 211.4410 211.4430 211.4450 211.4470 211.4490 211.4510 211.4530 211.4550 ILLINOISREGISTER
POLLUTIONCONTROLBOARD
NOTICEOFPROPOSEDAMENDMENTS
Monitor Monomer MotorVehicles MotorVehicle Refinishing Multiple Package Coating New Grain-Drying Operation (Repealed) New Grain-Handling Operation (Repealed) No Detectable Volatile Organic Material Emissions Non-Contact Process Water Cooling Tower Non-Flexible Coating Non-Heatset NOxTrading Program Offset One Hundred Percent Acid One-Turn Storage Space Opacity Opaque Stains Open Top Vapor Degreasing Open-Ended Valve Operatorof a Gasoline Dispensing Operation or Operatorof a Gasoline Dispensing Facility OrganicCompound Organic Material and Organic Materials Organic Solvent Organic Vapor Oven Overall Control Overvarnish Owner of a Gasoline Dispensing Operation or Owner of a Gasoline Dispensing Facility Owneror Operator Packaging Rotogravure Printing Packaging Rotogravure Printing Line Pail Paint Manufacturing Source or Paint Manufacturing Plant Paper Coating Paper Coating Line Particulate Matter Parts Per Million (Volume) or PPM (Vol) Person

### 211.4590 211.4610 211.4630 211.4650 211.4670 211.4690 211.4710 211.4730 211.4740 211.4750 211.'4770 211.4790 211.4810 211.4830 211.4850 211.4870 211.4890 211.4910 211.4930 211.4950 211.4970 211.4990 211.5010 211.5030 211.5050 211.5060 211.5061 211.5065 211.5070 211.5080 211.5090 211.5110 211.5130 211.5150 211.5170 211.5185 211.5190 211.5210 211.5230 211.5245 ILLINOISREGISTER
POLLUTIONCONTROLBOARD
NOTICEOFPROPOSEDAMENDMENTS
Petroleum Petroleum Liquid Petroleum Refinery Pharmaceutical Pharmaceutical Coating Operation Photochemically Reactive Material Pigmented Coatings Plant Plastic Part Plasticizers 

### PM-10 Pneumatic Rubber Tire Manufacture Polybasic Organic Acid Partial Oxidation Manufacturing Process Polyester Resin Material(s) Polyester Resin Products Manufacturing Process Polystyrene Plant Polystyrene Resin Portable Grain-Handling Equipment Portland Cement Manufacturing Process Emission Source Portland Cement Process or Portland Cement Manufacturing Plant Potential to Emit Power Driven Fastener Coating Precoat Pressure Release Pressure Tank Pressure/Vacuum Relief Valve Pretreatment Wash Primer Primary Product Prime Coat Primer Sealer Primer Surfacer Coat Primer Surfacer Operation Primers Printing Printing Line Process Emission Source Process Emission Unit Process Unit Process Unit Shutdown Process Vent

### 211.5250 211.5270 211.5310 211.5330 211.5340 211.5350 211.5370 211.5390 211.5410 211.5430 211.5450 211.5470 211.5480 211.5490 211.5500 211.5510 211.5530 211.5550 211.5570 211.5590 211.5600 211.5610 211.5630 211.5650 211.5670 211.5690 211.5710 211.5730 211.5750 211.5770 211.5790 211.5810 211.5830 211.5850 211.5870 211.5890 211.5910 211.5930 211.5950 211.5970 ILLINOISREGISTER
POLLUTIONCONTROLBOARD
NOTICEOFPROPOSEDAMENDMENTS
Process Weight Rate Production Equipment Exhaust System Publication Rotogravure Printing Line Purged Process Fluid Rated Heat Input Capacity Reactor Reasonably Available Control Technology (RACT) Reclamation System Refiner Refinery Fuel Gas Refinery Fuel Gas Syslem 

# t* Refinery Unit or Refinery Process Unit Reflective Argent Coating Refrigerated Condenser Regulated Air Pollutant Reid Vapor Pressure Repair Repair Coat Repaired Residual Fuel Oil Resist Coat Restricted Area Retail Outlet Ringelmann Chart Roadway Roll Coater Roll Coating Roll Printer Roll Printing Rotogravure Printing Rotogravure Printing Line Safety Relief Valve Sandblasting Sanding Sealers Screening Sealer Semi-Transparent Stains Sensor Set of Safety Relief Valves Sheet Basecoat

### 211.5980 211.5990 211.6010 211.6025 211.6030 211.6050 211.6060 211.6070 211.6090 211.6110 211.6130 211.6140 211.6145 211.6150 211.6170 211.6190 211.6210 211.6230 211.6250 211.6270 211.6290 211.6310 211.6330 211.6350 211.6355 211.6360 211.6370 211.6390 211.6400 211.6410 211.6420 211.6430 211.6450 211.6470 211.6490 211.6510 211.6530 211.6540 211.6550 211.6570 ILLINOISREGISTER
POLLUTIONCONTROLBOARD
NOTICEOFPROPOSEDAMENDMENTS
Sheet-Fed Shotblasting Side-Seam Spray Coat Single Unit Operation Smoke Smokeless Flare Soft Coat Solvent Solvent Cleaning Solvent Recovery System Source Specialty Coatings Specialty Coatings for MotorVehicles Specialty High Gloss Catalyzed Coating Specialty Leather Specialty Soybean Crushing Source Splash Loading Stack Stain Coating Standard Conditions Standard Cubic Foot (scf) Start-Up Stationary Emission Source Stationary Emission Unit Stationary Gas Turbine Stationary Reciprocating Internal Combustion Engine Stationary Source Stationary Storage Tank Stencil Coat Storage Tank or Storage Vessel Strippable Spray Booth Coating Styrene Devolatilizer Unit Styrene Recovery Unit Submerged Loading Pipe Substrate Sulfuric Acid Mist Surface Condenser Surface Preparation Materials Synthetic Organic Chemical or Polymer Manufacturing Plant Tablet Coating Operation

### 211.6580 211.6590 211.6610 211.6620 211.6630 211.6650 211.6670 211.6690 211.6695 211.6710 211.6720 211.6730 211.6750 211.6770 211.6790 211.6810 211.6830 211.6850 211.6860 211.6870 211.6880 211.6890 211.6910 211.6930 211.6950 211.6970 211.6990 211.7010 211.7030 211.7050 211.7070 211.7090 211.7110 211.7130 211.7150 211.7170 211.7190 211.7200 211.7210 211.7230 ILLINOISREGISTER
POLLUTIONCONTROLBOARD
NOTICEOFPROPOSEDAMENDMENTS
Texture Coat Thirty-Day Rolling Average Three-Piece Can Three or Four Stage Coating System Through-the-Valve Fill Tooling Resin Topcoat Topcoat Operation Topcoat System Touch-Up Touch-Up Coating Transfer Efficiency Tread End Cementing True Vapor Pressure Turnaround Two-Piece Can Under-the-Cup Fill Undertread Cementing Uniform Finish Blender Unregulated Safety Relief Valve Vacuum Metallizing Vacuum Producing System Vacuum Service Valves Not Externally Regulated Vapor Balance System Vapor Collection System Vapor Control System Vapor-Mounted Primary Seal Vapor Recovery System Vapor-Suppressed Polyester Resin Vinyl Coating Vinyl Coating Line Volatile Organic Liquid (VOL) Volatile Organic Material Content (VOMC) Volatile Organic Material (VOM) orVolatile Organic Compound (VOC) Volatile Petroleum Liquid Wash Coat Washoff Operations Wastewater (Oil/Water) Separator Weak Nitric Acid Manufacturing Process

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211.7250 211.7270 211.7290 211.7310 211.7330 211.7350 211.7400 Web Wholesale Purchase

- Consumer Wood Furniture Wood Furniture Coating Wood Furniture Coating Line Woodworking Yeast Percentage
Section 211.Appendix A: Rule into Section Table Section 211.Appendix B: Section into Rule Table 

# •

AUTHORITY: Implementing Sections 9, 9.1 and 10 and authorized by Sections 27 and 28.5 ofthe Environmental Protection Act [415 ILCS 5/9, 9.1, 10, 27 and 28.5].
SOURCE: Adopted as Chapter 2: Air Pollution, Rule 201: Definitions, R71-23, 4 PCB 191, filed and effective April 14, 1972; amended in R74-2 and R75-5, 32 PCB 295, at 3 III. Reg. 5, p. 777, effective February 3, 1979; amended in R78-3 and 4, 35 PCB 75 and 243, at 3 III. Reg. 30, p. 124, effective July 28, 1979; amended in R80-5, at 7 III. Reg. 1244, effective January 21, 1983; codified at 7 III. Reg. 13590; amended in R82-1 (Docket A) at 10 III. Reg. 12624, effective July 7, 1986; amended in R85-21 (A) at 11 III. Reg. 11747, effective June 29, 1987; amended in R86-34 at 11 III. Reg. 12267, effective July 10, 1987; amended in R86-39 at 11 III. Reg. 20804, effective December 14, 1987; amended in R82-14 and R86-37 at 12 III. Reg. 787, effective December 24, 1987; amended in R86-18 at 12 III. Reg. 7284, effective April 8, 1988; amended in R86-10 at 12 III. Reg. 7621, effective April 11, 1988; amended in R88-23 at 13 III. Reg. 10862, effective June 27, 1989; amended in R89-8 at 13 III. Reg. 17457, effective January 1, 1990; amended in R89-16(A) at 14 III. Reg. 9141, effective May 23, 1990; amended in R88-30(B) at 15 III. Reg. 5223, effective March 28, 1991; amended in R88-14 at 15 III. Reg. 7901, effective May 14,1991; amended in R91-10 at 15 III. Reg. 15564, effective October 11, 1991; amended in R91-6 at 15111. Reg. 15673, effective October 14,1991; amended in R91-22 at 16111. Reg. 7656, effective May 1, 1992; amended in R91-24 at 16 III. Reg. 13526, effective August 24, 1992; amended in R93-9 at 17 III. Reg. 16504, effective September 27,1993; amended in R93-11 at 17 III. Reg. 21471, effective December 7,1993; amended in R93-14 at 18 III. Reg. 1253, effective January 18, 1994; amended in R94-12 at 18 III. Reg. 14962, effective September 21, 1994; amended in R94-14 at 18 III. Reg. 15744, effective October 17, 1994; amended in R94-1 5 at 18 III. Reg. 16379, effective October 25, 1994; amended in R94-16 at 18 III. Reg.

### ILLINOISREGISTER
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NOTICEOFPROPOSEDAMENDMENTS
16929, effective November 15, 1994; amended in R94-21, R94-31 and R94-32 at 19 III. Reg. 6823, effective May 9, 1995; amended in R94-33 at 19 III. Reg. 7344, effective May 22, 1995; amended in R95-2 at 19 III. Reg. 11066, effective July 12, 1995; amended in R95-16 at 19 III. Reg. 15176, effective October 19, 1995; amended in R96-5 at 20 III. Reg. 7590, effective May 22, 1996; amended in R96- 16 at 21 III. Reg. 2641, effective February 7,1997; amended in R97-17 at 21 III. Reg. 6489, effective May 16, 1997; amended in R97-24 at 21 III. Reg. 7695, effective June 9, 1997; amended in R96-17 at 21 III. Reg. 7856, effective June 17, 1997; amended in R97-31 at 22 III. Reg. 3497, effective February 2, 1998; amended in R98-17 at 22 III. Heg.11405, effective June 22, 1998; amendep in RO1

### ~09 at

_ III. Reg. ., effective .; amended in Roff'-11: at

_ III. Reg. , effective ; amended in R01-

__at III. Reg.

, effective

------ ------ BOARD NOTE: This Part implements the Illinois Environmental Protection Act as of July 1, 1994.
SUBPART B: DEFINITIONS
Section 211 .4067 NOxTrading Program
Forthe purposes of 35 III. Adm. Code 217, Subparts U and W, the NOxTrading Program shall mean the requirements of 35 III. Adm. Code 217, Subparts U and W, and those provisions ofthe federal NOxTrading Program, 40 CFR part 96, incorporated by reference therein. (Source: Added at

_ III. Reg.
Section 211 .61 30 Source ____ , effective

_

"Source" means any stationary source (or any group of stationary sources that are located on one or more contiguous or adjacent properties, and are undercommon control ofthe same person or persons undercommon control) belonging to a single major industrial grouping. Forthe purposes of defining "source," a stationary source or group of stationary sources shall be considered part of a single industrial grouping if all ofthe pollutant emitting activities at such source or group of sources located on contiguous or adjacent properties and under common control belong to the same Major Group (i.e., all have the sametwo-digit code) as described in the Standard Industrial Classification Manual, 1987 (incorporated by reference in 35 III.

### ILLINOISREGISTER
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Adm. Code 218.112 and 219.112), or such pollutant emitting activities at such source or group of sources located on contiguous or adjacent properties and under common control constitute a support facility as defined in Section 39.5 of the Environmental Protection Act, 415 ILCS 5/39.5. The determination whether any group of stationary sources are located on adjacent or contiguous properties, are under common control, or whetherthe pollutant emitting activities at such group of stationary sources constitute a support facility shall be made on a case by case basis.

### ILLINOISREGISTER
POLLUTIONCONTROLBOARD
NOTICEOFPROPOSEDAMENDMENTS
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 U: NOx CONTROLAND TRADING PROGRAM FOR**';~"** 

### SPECIFIED NOx GENERATING UNITS
Section 217.650 217.652 217.654 217.656 217.658 217.660 217.662 217.664 217.666 217.668 217.670 217.672 217.673 217.674 217.676 217.678 217.680 217.682 Purpose Severability Applicability Compliance Requirements Permitting Requirements Subpart U NOxTrading Budget Methodologyfor Obtaining NOxAllocations Methodologyfor Determining Required NOxAllocations NOxAllocations for Subpart U Units New Source Set-Aside for "New" Budget Units Early Reduction Credits for Budget Units Reserved Reserved Opt-in Units Opt-in Process Opt-in Budget Units: Withdrawal from the NOxTrading Program Opt-in Budget Units: Change in Regulatory Status Allowance Allocations to Opt-in Budget Units
SUBPARTX: VOLUNTARY NOx EMISSIONS REDUCTION PROGRAM
Section 217.800 217.805 217.810 217.815 217.820 Purpose Emission Unit Eligibility Participation Requirements Methodsto Obtain NOx Emission Reductions Baseline Emissions Determination

### ILLINOISREGISTER
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217 825 217.830 217.835 217.840 217.845 217.850 217.855 217.860 217.865 Appendix E Calculation of Creditable NOx Emission Reductions Limitations on NOx Emission Reductions NOx Emission Reductions Proposal Agency Action Emissions Determination Methods Emissions Monitoring Reporting Recordkeeping Enforcement Non-Electrical Generating Units
AUTHORITY: Implementing Sections 9.9 and 10 and authorized by Section 27 of the Environmental Protection Act (III. Rev. Stat. 1981, eh. 111 

### y" pars. 1010 and 1027) [415 ILCS 5/9.9, 10 and 27.J
SOURCE: Adopted as Chapter 2: Air Pollution, Rule 207: Nitrogen Oxides Emissions, R71-23, 4 PCB 191, April 13, 1972, filed and effective April 14, 1972; amended at 2 III. Reg. 17, p. 101, effective April 13, 1978; codified at 7 III. Reg. 13609; amended in R01-09, at III. Reg. , effective

_ amended at R01-11, at

__ III. Reg. , effective , and amended at R01-_, at III. Reg. , effective

_ SUBPART U: NOx CONTROL AND TRADING PROGRAM FOR SPECIFIED NOx GENERATING UNITS
Section 217.650 Purpose
The purpose ofthis Subpart is to cap the emissions of nitrogen oxides (NOx) during the ozone control period from units subjectto the provisions ofthis Subpart ("budget units") by determining source allocations and by implementing the federal NOxTrading Program, 40 CFR part 96, consistent with the provisions ofthis Subpart. (Source: Added at



### --- Section 217.652 Severability III. Reg. ' effective

_

If any Section, subsection or clause ofthis Subpart is found invalid, such finding shall not affectthe validity ofthis Subpart as awhole or any Section, sentence or clause notfound invalid.

### ILLINOISREGISTER
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(Source: Added at

--- III. Reg. , effective

----- ----- Section 217.654 Applicability If

# Lt!(
a) This Subpart applies to any fossil fuel-fired stationary boiler, combustion turbine, or combined cycle system, with a maximum design heat input greaterthan 250 mmbtu/hr and that is: 1) A unit listed on Appendix Eofthis Subpart, or 2) A unit not listed on Appendix Eofthis Subpartthat: A) At no time serves agenerator producing electricity for sale: or B) At anytime serves agenerator producing electricity for sale, if such generator has a nameplate capacity of 25 MWe or less and has the potential to use no morethan 50% ofthe potential electrical output capacity ofthe unit. Fifty percent (50%) of a unit's potential electrical output capacity shall be determined by multiplying the unit's maximum design heat input by 0.0488 MWe/mmbtu. Ifthe size of the generator is smallerthan this calculated number, the unit is subjectto the provisions ofthis Subpart, but ifthe size ofthe generator is greaterthan this calculated number, the unit is subject to the provisions of Subpart W of this Part: or C) Is part of any source, as thatterm is defined in 35 III. Adm. Code Section 211.6135, listed on Appendix Eof this Part. b) Those unitsthat meetthe above criteria and are subjectto the NOx Trading Program emissions limitations contained in this Subpart are budget units. c) Low-emitterstatus: Notwithstanding subsection (a) ofthis Section, the owner or operator of a budget unit subject to the requirements of subsection (a) ofthis Section may elect low-emitterstatus by

### ILLINOISREGISTER
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NOTICEOFPROPOSEDAMENDMENTS obtaining a permit with federally enforceable conditions that meet the requirements of subsection (c)(1) of this Section. Starting with the effective date of such permit, the unit shall be subject onlyto the requirements of this subsection. 1) For each control period the owner or operator elects low emitter status, the federally enforceable permit conditions must: A) Restrict the unitto burning only natural gas, fuel oil, or natural gas and fuel oil: B) Limit the unit's potential NOx mass emissions forthe control period to 25 tons or less: 

### Cl Restrict the unit's operating hours to the number calculated by dividing 25 tons of potential NOx mass emissions bythe unit's maximum potential hourly NOx mass emissions: D) Require that the unit's potential NOx mass emissions shall be calculated by using the monitoring provisions of 40 CFR part 75, or ifthe unit does not rely on these monitoring provisions, by using the applicable default rate as follows:
j) Select the applicable default NOx emission rate:
0.7 Ib/mmbtu for combustion turbines burning natural gas exclusively during the control period:

1.2 Ibs/mmbtu for combustion turbines burning any fuel oil during the control period:
1.5 Ibs/mmbtu for boilers burning natural gas exclusively during the control period: or
2 Ibs/mmbtu for boilers burning any fuel oil during the control period.

### ILLINOISREGISTER
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iiI Multiplythe default NOx emission rate under subsection (cH1 HDW) ofthis Section by the unit's maximum rated hourly heat input which isthe higher of the manufacturer's maximum rated hourly heat input orthe highest observed hourly heat input. The owner or operator of the unit may request in the permit application required bythis subsection that the Agency use a lowervalue for the unit's maximum rated hourly heat input. The Agency may approve such lowervalue ifthe owner ofoperator demonstrates thailthe maximum hourly heat input specified by the manufacturerorthe highest observed hourly heat input, or both, are not representative. The owner or operator must demonstrate that such lowervalue is representative ofthe unit's current capabilities because modifications have been made to the unit that permanently limitthe unit's capacity.
EI Require that for five years at the source that includesthe unit, records demonstrating thatthe operating hours restriction, the fuel use restriction and the other requirements ofthe permit related to these restrictions were met; and
FI Require thatthe owner or operator ofthe unit report during each control period to the Agency the unit's hours of operation (treating any partial hourof operation as a whole hour of operation), heat input and fuel use bytype. This report shall be submitted by November 1 of each yearthe unit elects low-emitterstatus. 2) The Agency will notifythe USEPA in writing of each unit electing low-emitterstatus pursuantto the requirements of subsection (cH1I of this Section and when any of the following occurs:
Al The permit with federally enforceable conditions that includes the restrictions in subsection (cl(1 I of this Section is issued bythe Agency;

### ILLINOISREGISTER
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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 unit does not comply with any such restriction. 3) The unit shall become subject to the requirements ofthis Subpart if, for any control period undersubsection (c) ofthis**~~cti6n,** the fuel use restriction orthe operating hours restriction under subsection (c)(1) ofthis Section is removed from the unit's permit or otherwise is no longer applicable, or the unit does not comply with the fuel use restriction orthe operating hours restriction under subsection (c)(1) ofthis Section. Such unit shall be treated as commencing operation on September 30 ofthe control period for which the fuel use restriction orthe operating hours restriction is no longer applicable or during which the unit does not comply with the fuel use restriction orthe operating hours restriction. 4) The owner or operator of a unitto which the Agency has ever allocated allowances underAppendix Eofthis Part may elect low-emitterstatus. In that case, the Agency will reduce the Subpart U NOx budget bythe numberof allowances corresponding to the amount of NOx emissionsthe unit is permitted to emit during the control period, pursuantto a federally enforceable condition in the unit's permit. The owner or operator of a 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, notto exceed its permitted emission limit as included in its federally enforceable permit, with allowances issued for voluntary NOx reductions meeting the requirements of Subpart X ofthis Part. The Agency will not reduce the Subpart U NOx budget bythe allowances issued for NOx reductions obtained in accordance with Subpart X ofthis Part. d) The owner or operator of any budget unit not listed in Appendix Eof this Part but is subject to this Subpart shall not receive an allocation of

### ILLINOISREGISTER
POLLUTIONCONTROLBOARD
NOTICEOFPROPOSEDAMENDMENTS
NOx allowances from the Subpart U NOx Trading Budget, except for any allowance from the new source set aside in accordance with Section 217.668 ofthis Subpart, or receive any allocation from the Subpart W NOxTrading Budget, but 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 pursuantto apermanenttransfer of NOx allocations pursuant to Section 217.662(b) ofthis Subpart. e) Notwithstanding any other provisions ofthis Subpart, asource and units atthe source subjectto the provisions of subsection (a) ofthis Section will become subjectto this Subpart on THE FIRST DAY OF THE CONTROL SEASON SUBSEQUENTTO THE CALENDAR YEAR IN WHICH ALL OF THE OTHER STATES SUBJECTTO THE PROVISIONS OF THE NOX SIP CALL (63 Fed. Reg. 57355 (October 27, 1998)) THATARE LOCATED IN USEPA REGION V OR ARE THAT CONTIGUOUS TO ILLINOIS HAVE ADOPTED REGULATIONS TO IMPLEMENT NOXTRADING PROGRAMS AND OTHER REQUIRED REDUCTIONS OF NOX EMISSIONS PURSUANTTO THE NOX SIP CALL, AND SUCH REGULATIONS HAVE RECEIVED FINALAPPROVAL BY USEPAAS PART OFTHE RESPECTIVE STATES' SIPS FOR OZONE, OR A FINAL FIP FOR OZONE PROMULGATED BY USEPA IS EFFECTIVE. (Source: Added at



### --- III. Reg. , effective



## ---- ---- Section 217. 656 Compliance Requirements
All budget units subjectto the requirements ofthis Subpart must comply with the following: a) The requirements ofthis Subpart and 40 CFR part 96, excluding 40 CFR § § 

### 96.4(bl. 96.55(cl. and excluding 40 CFR 96, Subparts C, E, and I, as incorporated by reference in Section 21 7.104 ofthis Part. To the extentthatthis Subpart contains provisions which are inconsistent with any provisions of 40 CFR 96, the owneroroperator of budget units subjectto this Subpart shall comply with the provisions ofthis Subpart in lieu ofthose provisions which were incorporated by reference.

### ILLINOISREGISTER
POLLUTIONCONTROLBOARD
NOTICEOFPROPOSEDAMENDMENTS b) Budget Permit requirements: 1) The owner or operator of each source with one or more budget units at the source subject to this Subpart mustsubmit a complete permit application for a budget permit in accordance with the provisions of Section 217.658(a)(4), (a)(5) or (a)(6), as applicable, to be issued bythe Agency with federally enforceable conditions covering the NOxTrading Program ("budget permit"), and that complies with the requirements of Section 217.658 ofthis Subpart. 2) The owner or operator of one or more budget units subject to this Subpart must operate each such budget unit in compliance with such budget permit or complete budget permit application, as applicable. 3) The owner or operator of one or more budget units subjectto this Subpart, at the time of filing an application for a permit underthis 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 subjectto this Subpart. Such election shall be at the sole discretion ofthe owner or operator ofthe source and the Agency shall incorporate such election into a permit issued to the source pursuantto this Subpart. c) Monitoring requirements: 1) For budget units subjectto the requirements ofthis Subpart, and which commence operation on and after January 1, 2000, the owner or operator of each such budget unit atthe source must comply with the monitoring requirements of 40 CFR 96, Subpart H. The account representative of each such budget unit atthe source shall comply with those sections ofthe monitoring requirements of 40 CFR 96, Subpart H, applicable to an account representative. 2) The compliance of each budget unit subjectto the requirements of subsection (c)(1) or subsection (c)(3)(A) ofthis Section with

### ILLINOISREGISTER
POLLUTIONCONTROLBOARD
NOTICEOFPROPOSEDAMENDMENTS
the control period NOx emissions limitation under subsection (d) of this Section shall be determined by the emissions measurements recorded and reported in accordance with 40 CFR 96, Subpart H. 3) For budget units which commenced operationpriorto January 1,2000: A) The owner or operator of each such budget unit at the source must comply with the requirements of 40 CFR 96, SubPart Hi or B) Ifthe monitoring requirements of 40 CFR 96. Subpart H, are demonstrated bythe source to be technically infeasible as applied to a budget unit subjectto the requirements of this Subpart, the owner or operator of such budget unit may monitor by an alternative monitoring procedure forthe budget unit approved bythe Agency and the Administrator of USEPA pursuant to the provisions of 40 CFR 75, Subpart E. Such alternative monitoring procedures must be contained as federally enforceable conditions in the unit's permit. 4) The compliance of each budget unit 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 budget unit's permit addressing monitoring as required by subsection (c)(3)(B) ofthis Section. d) NOx requirements: 1) As of November 30 of each year, the allowance transfer deadline, the account representative of each source subject to the requirements ofthis Subpart must hold allowances available for compliance deductions under40 CFR § 96.54 for each budget unit at the source subjectto this Subpart in the budget unit's compliance accounts, orthe source's overdraft account. The number of allowances held in these accounts shall not be less than the total NOx emissions forthe control period

### ILLINOISREGISTER
POLLUTIONCONTROLBOARD
NOTICEOFPROPOSEDAMENDMENTS (rounded to the nearest whole ton), as determined in accordance with Section 217.656(c) of this Subpart, plus any number of allowances necessaryto account for actual utilization (e.g., fortesting, start-up, malfunction, and shut down) under 40 CFR § 96.42(e) for all budget units at the source subjectto this Subpart. Compliance with this provision shall be demonstrated if, as of the allowance transfer deadline, the sum of the allowances available for compliance deductions for all budget units at the source subject to this Subpart is equal to or greaterthan the total NOx emissions (rounded to the nearest. whole ton) frQm all budget units at the scilrce subject to this Subpart. 2) Allowances shall be held in, deducted from, ortransferred among allowance accounts in accordance with this Subpart and 40 CFR 96, Subparts Fand G. 3) Each ton of NOx emitted by a source with one or more budget units subjectto this Subpart in any control period in excess of the NOx allowances held bythe owner or operatorfor each budget unit at the source subjectto this Subpart for each control period shall constitute aseparate violation ofthis Subpart and the Act. 4) In orderto comply with the requirements of subsection (dH1) of this Section, an allowance may not be utilized for a control period in ayear priorto the year for which the allowance was allocated. 5) An allowance allocated bythe Agency or USEPA underthe NOx Trading Program is a limited authorization to emit one ton of NOx. No provision ofthe NOxTrading Program, any permit issued or permit application submitted pursuantto this Subpart, or an exemption under40 CFR § 96.5 and no provision of law shall be construed to limitthe authority ofthe United States or the State to terminate or limitthis authorization. 6) An allowance allocated bythe Agency or USEPA underthe NOx Trading Program or pursuantto this Subpart does not constitute a property right.

### ILLINOISREGISTER
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NOTICEOFPROPOSEDAMENDMENTS

7) Upon recordation by USEPA under 40 CFR 96, Subpart For G, every allocation, transfer, or deduction of an allowance to or from a budget unit's compliance account orto orfrom the source's general or overdraft account where the budget unit is located is deemed to amend automatically and become a part of any budget permit ofthe budget unit. This automatic amendment ofthe budget permit shall occur by operation of law and will not require any further review. e)**Recort1~eeping** and reporhng requirements: 1) Unless otherwise provided, the owner or operator of a source subjectto the requirements ofthis Subpart must keep on site at the source each ofthe documents listed in subsections (e)(1 )(A) through (e)(1)(0) of this Section for a period of five years from the date the document is created. This period may be extended for cause at anytime priorto the end of five years in writing by the Agency or USEPA. A) The account certificate of representation forthe account representative forthe source and each budget unit atthe source subject to 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 on site at the source beyond such five year period until such documents are superseded because of the submission of a new account certificate of representation changing the account representative. B) All emissions monitoring information, in accordance with Section 217.656(cl. provided thatto the extentthat 40 CFR 96, Subpart H, provides for athree-year period for recordkeeping, the three-year period shall apply.
C) Copies of all reports, compliance certifications, and other submissions and all records made or required underthis Subpart orthe NOxTrading Program or documents

### ILLINOISREGISTER
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NOTICEOFPROPOSEDAMENDMENTS

necessaryto demonstrate compliance with the requirements ofthis Subpart orthe NOxTrading Program. D) Copies of all documents used to complete a budget permit application and any othersubmission underthis Subpart or underthe NOxTrading Program. 2) The account representative of asource and each budget unit at the source subject to the requirements ofthis Subpart must submitto the Agency and USEPAthe reports and compliance certifications required underthis Subpart and the NOxTrading Program, including those under 40 CFR 96, Subparts 0 and H.
f) Liability: 1) No revision of a budget permit shall excuse any violation ofthe requirements ofthe NOxTrading Program orthis Subpartthat occurs priorto the date thatthe revision under such budget permittakes effect. 2) Each budget source and each budget unit atthe source shall meetthe requirements ofthe NOxTrading Program. 3) Any provision ofthis Subpart orthe NOxTrading Program that appliesto asource subjectto the requirements ofthis Subpart (including a provision applicable tothe account representative of the source) shall also applyto the owner and operator of such source and to the owner and operator ofthe budget units subjectto the requirements ofthis Subpart atthe source. 4) Any provision ofthis Subpart orthe NOxTrading Program that applies to a budget unit subjectto the requirements ofthis Subpart (including a provision applicable to the account representative of such budget unit) shall also applyto the owner and operator of such budget unit. Except with regard to the requirements applicable to budget units with a common stack under40 CFR 96, Subpart H, the owner and operator and the account representative of one budget unit shall not be liable for anyviolation by any other budget unit of which they are not an owner or operator orthe account representative and that is

### ILLINOISREGISTER
POLLUTIONCONTROLBOARD
NOTICEOFPROPOSEDAMENDMENTS
located at a source of which they are not an owner or operator orthe account representative. 5) Excess emissions requirements. The account representative of a source thathas excess emissions in any control period shall surrenderthe allowances as required for deduction under40 CFR § 96.54(d)(1). 6) The owner oroperator of a budget EGU that has excess emissions in any control period shall pay any fine, penalty, or assessment or comply with any other remedy imposed under40 CFR § 96.54(d)(3) and the Act. g) Effect on other authorities. No provision ofthis Subpart, the NOx Trading Program, a budget permit application, a budget permit, or a retired budget unit exemption under40 CFR § 96.5 shall be construed as exempting or excluding the owner or operator and, to the extent applicable, the account representative of asource or budget unitfrom compliance with any other regulations promulgated underthe CAA, the Act, an approved State implementation plan, or afederally enforceable permit. (Source: Added at



### --- III. Reg. , effective



### ----- ----- Section 217. 658 Permitting Requirements a) Budgetlermit requirements: 1) The owner or operator of each source with one or more budget units subjectto this Subpart is required to timely submit, in accordance with subsection (a)(4), (a)(5), or (a)(6) ofthis Section, as applicable, acomplete permit application addressing all requirements ofthis Subpart applicable to such budget units. 2) Each budget permit (including adraft or proposed budget permit, if applicable) shall contain federally enforceable conditions addressing all applicable requirements ofthe NOx Trading Program and requirements ofthis Subpart and shall be a complete and segregable portion ofthe source's entire permit issued pursuant to subsection (a)(1) ofthis Section.

### ILLINOISREGISTER
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NOTICEOFPROPOSEDAMENDMENTS

3) No budget permit will be issued, and no NOx allowance account will be established for any budget unit subjectto this Subpart, until the Agency and USEPA have received a complete account certificate of representation under 40 CFR 96, Subpart B, for an account representative of the source and each budget unit at the source subject to this Subpart. 4) For any budget unit subjectto this Subpartthat commenced operation before November 1, 2003, and for which a CAAPP permit is not required pursuant to Section 39.5 of the Act, the owner or operator of such budget unit must submit a budget permit application meeting the requirements ofthis Section on or before November 1, 2003. 5) For any budget unit subject to this Subpartthat 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 of such budget unit must submit a budget permit application meeting the.requirements ofthis Section on or before August 1, 2003. 6) For any budget unit subject to this Subpartthat is subjectto Section 39.5 ofthe Act and that commences operation on or afterAugust 1, 2003, and for any budget unit subject to this Subpart and not subject to Section 39.5 ofthe Actthat commences operation on or after Novembir 1, 2003, the owner or operator of such budget units must submit applications for construction and operating permits pursuant to the requirements of Sections 39 and 39.5 ofthe Act and 35 III. Adm. Code 201 and such applications must specifythatthey are applying for budget permits, and must address the budget permit application requirements ofthis Section. b) Budget permit applications: 1) Dutyto apply. The owner or operator of any source with one or more budget units subject to this Subpart must submit to the Agency one or more complete budget permit applications under subsection (c) ofthis Section for such budget units bythe

### ILLINOISREGISTER
POLLUTIONCONTROLBOARD
NOTICEOFPROPOSEDAMENDMENTS applicable deadline in subsection (a)(4L (aH5L or (a)(6) ofthis Section. The owneroroperatorof any source with such budget units must reapplyfor a budget permit as required bythis Subpart, and 35 III. Adm. Code 201 and Sections 39 and 39.5 ofthe Act. 2) Information requirements for budget permit applications. A complete budget permit application must includethe following elements concerning the budget unitsfor which the application is submitted: A) Identification ofthe source, including plant name. The ORIS (Office of Regulatory Information Systems) or facility code assigned to the source bythe Energy Information Administration must also be included, if applicable: B) Identification of each fossil fuel-fired combustion turbine, stationary boilerorcombined cycle system budget unit at the source. An explanation whether each budget unit is subjectto the requirements of Section 217.654 ofthis Subpart: and
C) 

### The compliance requirements of Section 217.656 ofthis Subpart. 3) An application for a budget permit shall betreated as a modification ofthe source's existing federally enforceable permit, if such permit has been issued forthe source, and shall be subjectto the same procedural requirements. When the Agency issues a budget permit. it shall be incorporated into and become a segreagable part ofthe source's existing federally enforceable permit. (Source: Added at



### --- III. Reg. ' effective

_ Section 217.660 Subpart U NOxTrading Budget a) The initial NOx allowances available for allocation for each control period (the Subpart U NOxTrading Budget) for budget units subject

### ILLINOISREGISTER
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NOTICEOFPROPOSEDAMENDMENTS

to the provisions ofthis Subpart shall be 4,882 tons per control period, subjectto adjustment in accordance with subsections (bL (c) and (d) of this Section, and subjectto the new source set aside for budget units subjectto this Subpart, as set forth in Sections 21 7.662 and 217.664 ofthis Subpart. The Subpart U Nox Trading Budget shall be initially allocated as set forth in Appendix Eofthis Part. b) The Agency may adjustthe Subpart U NOxTrading Budget available for allocations in subsection (a) ofthis Section by adding allowances for budget units subjectto this Subpart opting to become subjectto this Subpart pursuantto the requirements in Sections 217.674 and 217.676 ofthis Subpart. c) The Agency shall adjust the Subpart U NOxTrading 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 Section 217.672 of this Subpart. d) Except as set forth in subsection (e) of this Section, if USEPA adjusts the base Subpart U NOxtrading budget of 4,882 allowances, the Agency will adjust the Subpart U NOx Trading Budget pro-rata. e) If USEPA adjusts the Subpart U NOxTrading Budget as to any individual budget unit, the Subpart U NOxTrading Budget shall not be adjusted pro-rata, and onlythe allowance allocation forthat budget unit will be adjusted. (Source: Added at

_ III. Reg. , effective

_ Section 217.662 Methodology for Obtaining NOx Allocations

### ILLINOISREGISTER
POLLUTIONCONTROLBOARD
NOTICEOFPROPOSEDAMENDMENTS a) Appendix Eof thisPart identifiesthe sources with existing budget units subject to this Subpart and the numberof NOx allowance allocationsthat each such budget unit is eligible to receive each control period, subjectto adjustment in accordance with Section 21 7.660 of this Subpart and fortransfers made in accordance with subsection (b) of this Section. Each named budget unit's allocation will be adjusted proportionally based on the adjusted Subpart U NOx Trading Budget as provided by Section 217.660(b) (d) and (e) ofthis Subpart b) The owner or operator of budget units subjectto this Subpart may permanentlytransfer all or part oftheir allocation of allowances pursuantto Column 4 of Appendix Eof this Part, subject to adjustment in accordance with this Subpart, to another budget unit subjectto this Subpart, orto a budget unit subjectto Subpart W of this Part. Such transferwill be effective by submitting a written requestto the Agencythat is signed bythe account representative for the transferring budget unit and containing the account numberforthe recipient budget unit. The owner or operator of budget units subjectto this Subpart may not permanentlytransfer all or part ofthe new source set aside indicated in Column 5 of Appendix Eofthis Part. c) Subjectto adjustment in accordance with this Subpart, revocation or revision of the federal NOxTrading Program orthis Subpart allocations pursuantto Appendix Eofthis Part exist forthe life ofthe program, including all or a portion of any allocation transferred to another budget unit pursuantto the provisions ofthis Subpart. (Source: Added at

_ III. Reg. , effective

_ Section 217.664 Methodologyfor Determining Required NOx Allocations a) The methodology for calculating the allowances available to be allocated to new budget units subject to this Subpart from the new source set aside is based on the more stringent emission rate of 0.15 Ib/mmbtu orthe permitted NOx emission rate, but not less than 0.055 Ib/mmbtu. b) The general equation for determining allowances is:

### ILLINOISREGISTER
POLLUTIONCONTROLBOARD
"NOTICEOFPROPOSEDAMENDMENTS



## = HI x ER 2000
Where HI 

## = heat input (in mmbtu/control period) as determined in accordance with subsection (c) ofthis Section.
Where ER 

## = The NOx emission rate in Ibs/mmbtu as determined in accordance with subsection (a) of this Section.
Where A 

## = allowances of NOx/control period. c) The projected heat input shall be determined as set forth below, divided by 2000 Ibs/ton: 1) For "new" budget units subjectto this Subpart that have heat input from at leastthree control periods priorto the allocation year, the average of the budget unit's two highest seasonal heat inputs from the control periods one to three years priorto the allocation year; 2) For IInew" budget units subjectto this Subpart that have heat input from only two control periods priorto the allocation year, the average of the budget unit's seasonal heat inputs from the control periods one and two years priorto the allocation year; 3) J;pr "new" budget units subiypt to this Subpart that have**s~asonal** heat input from on"?the control period priorto the allocation year, the heat input from that control period; or 4) For IInew" budget units subjectto this Subpart that have not operated for at least 77 days of the control period priorto the allocation year, the budget unit's maximum design heat input forthe control period as designated in the construction permit. (Source: Added at

--- III. Reg. , effective

_ Section 217.666 NOx Allocations for Subpart U Budget Units
For each control period, the Agency will allocate the total number of NOx allowances in the Subpart U NOx Trading Budget apportioned to budget units under

### ILLINOISREGISTER
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NOTICEOFPROPOSEDAMENDMENTS
Section 217.660 ofthis Subpart, subjectto adjustment as provided in this Subpart. These allocations will be issued as provided in subsections (a) through (b) ofthis Section. Specifically, a) The Agency will allocate to each budget unitthat is listed in Appendix Eofthis Part the number of allowances listed in Column 5 of Appendix Eof this Part forthat budget unitfor each three year period ofthe program. The Agency will reportthese allocations to USEPA by March 1 of 2004, and trienniallythereafter. b) The Agency will allocate allowances from the new source set-aside to "new" budget units as set forth in Section 21 7.668 ofthis Subpart. c) The Agency will report allocations from the new source set-aside to USEPA by April 1 of each yearforthe following year. d) To the extentthat 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 of the budget units listed on Appendix Eofthis Partto the extent a whole allowance may be allocated to any such owner or operator. The Agency will make such allocation by April 15 of each year. Ifthere are insufficient allowances to allocate a whole allowance to any such owner or operator of a budget unit listed on Appendix Eof this Part, such allowances shall be retained bythe Agency in the new source set-aside. Any such**~llowances** retained in the new source set-aside shall be accumulated iriii'the new source setaside and may either: 1) Be available for allocation to new budget units for future control periods, subjectto the provisions of Section 217.668 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 of exisiting budget units listed on Appendix Eofthis Part on a pro-rata basis, such accumulated whole allowances shall be allocated pro-rata to such owner or operators.

### ILLINOISREGISTER
POLLUTIONCONTROLBOARD
NOTICEOFPROPOSEDAMENDMENTS (Source: Added at



### --- III. Reg. , effective



### ----- ----- Section 217.668 New Source Set-Asides for "New" Budget Units a) Forthe 2004, 2005 and 2006 control periods, a "new" budget unit is one that commenced commercial operation on or afterJanuary 1, 2000. Forthe 2007 and later control periods, a "new" budget unit is one that commenced commercial operation no more than three (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 "exisiting" budget units on October 1, 2004. Those unitsthat commenced commercial operation on or after May 31, 2004, become "exisiting" budget units the end of the third control period afterthey commenced commercial operation. b) "New" budget units must have an allowance for everyton of NOx emitted during the control period as provided in Section 217.656(d) of this 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 set-aside will be allocated allowances equal to three percent (3%) of each source's initial total Subpart U NOxTrading Budget allocation as reflected in Column 5 of Appendix Eofthis Part, which is 146 allowances, for each control period. The allocation for the new source set aside from each source shall be based on three percent ofthe source's initial allocation, without regard to subsequent adjustmentto any such source's current allocation, including permanent transfer of allowances 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 of allowances for which it is eligible, as determined in Section 217.664 ofthis Subpart, and subjectto the provisions ofthis Section. e) The account representative of a "new" budget unit undersubsection (a) of this Section may purchase allowances from the new source setaside by submitting to the Agency a request, in writing or in aformat

### ILLINOISREGISTER
POLLUTIONCONTROLBOARD
NOTICEOFPROPOSEDAMENDMENTS specified bythe Agency, to be allocated allowances forthe current control period from the new source set-aside. 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 notifythe account representative by March 1 ofthe applicable year ofthe number of allowances that are eligible for purchase forthe"new" budget unit pursuantto the requirements of this Section. Ifthe Agency does not receive payment by March 15 of the applicable year, the account representative will forfeit his/her eligibilityto purchase the allowances offered. The Agency will make available for purchase those forfeited allowances on a pro-rata basis to "new" budget units requesting allocations pursuantto Section, upto the numberof allowances requested by each account representative. Such additional allocations are subjectto the purchase requirements of subsection (j)ofthis Section. g) The price of allowances from the new source set-aside shall be: 1) For 2004 only, the prices shall be the average price at which NOx allowances were traded in 2003 in the Ozone Transport Region; and 2) For all years otherthan 2004, the average price at which NOx allowances were traded in the interstate NOxTrading Program

.. forthe preceding control period. h) The fees collected bythe Agency from the sale of allowances will be distributed pro-rata to budget units receiving allowances pursuantto Appendix Eof this Part on the basis of allocated allowances, subject to Agency administrative costs assessed pursuantto Section 9.9 of the Act. (Source: Added at

--- III. Reg. ' effective

_ Section 217.670 Early Reduction Credits for Budget Units
If a budget unit reduces its NOx emission rate as required bythe applicable

### ILLINOISREGISTER
POLLUTIONCONTROLBOARD
NOTICEOFPROPOSEDAMENDMENTS provisions of subsection (c) ofthis Section in the 2001 or 2002, control period, or if approved by USEPA, the 2003 control period, for use in 2004 control period, or latercontrol periods authorized by USEPA, the account representative may request early reduction credits (ERGs) for such reductions, and the Agency will allocate ERGs to the budget unit in accordance with the following: 

### a)

b)

c)



### d) Each budget unit for which the account representative requests any ERGs undersubsection (d) ofthis Section must monitor NOx emissions in accordance with 40 GFR 96, Subpart H, as incorporated by reference in Section 217.104 ofthis Part, starting with the control period priorto the control period for which ERGs will first be requested and for each control period for which ERGs will be requested. For example, if ERGs are requested for reduction made in the 2001 control period, the budget unit must have implemented the applicable monitoring forthe 2000 control period. The budget unit's monitorin'g system availability must be not less than 90 percent during the control period priorto the control period in which the NOx emissions reduction is made and the budget unit must be in compliance with any applicable State orfederal emissions or emissions-related requirements.
The NOx emission rate and heat input under subsections (c) through (e) ofthis Section shall be determined in accordance with 40 GFR 96, Subpart H.

ofthis Section must have reduced its NOx emission rate for each control period for which ERGs are requested by at least 30% less than the actual NOx emissions rate (Ibs/mmbtu) forthe 2001 control period.
The account representative of a budget unitthat meets the requirements of subsections (a) through (c) ofthis Section may submit to the Agency a request for ERGs forthe budget unit based on NOx emission rate reductions made bythe budget unit in control periods 2001, 2002 and 2003 in accordance with subsection (c) ofthis Section. 1) The number of ERCs that may be requested for any applicable control period shall be an amount equal to the budget unit's

### ILLINOISREGISTER
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. NOTICEOFPROPOSEDAMENDMENTS
heat inputfor such control period multiplied bythe difference between the budget unit's NOx emission rate (meeting the requirements of subsection (c) ofthis Section for such the applicable control period) and the budget unit's actual NOx emission rate forthe applicable control period, divided by 2000 Ibs/ton, and rounded to the nearestton; 2) Upon request ofthe account representative, the ERC allowance allocation for a particular budget unit may be deposited in the source's overdraft account ratherthan in the budget unit's compliance account; and 3) The early reduction request must be submitted in aformat specified bythe Agency by: A) November 1, 2001 for reductions made in the 2001 control period; B) November 1, 2002, for reductions made in the 2002 control period; and C) November 1,2003, for reductions made in the 2003 control period. e) In the event that the date for implementing the NOx SIP Call, May 31, 2004, is delayed, the early reduction request must be submitted in accordlnce with any rulemakirig of\guidance by USEPA on the distribution ofthe Compliance Supplement Pool underthe NOx SIP Call, 53 Fed. Reg.57355 (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 of subsection ld) ofthis Section in accordance with the following procedures: 1) Upon receipt of each ERC request, the Agency will acceptthe request only ifthe requirements of subsections (a) through ld) ofthis Section are met and will make any necessary adjustment to the request to ensure that the amount ofthe ERCs requested

### ILLINOISREGISTER
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NOTICEOFPROPOSEDAMENDMENTS

meets the requirements of subsections (b) through (d) ofthis Section: 2) The Agency shall allocate no morethan 2,427 ERCs overthree years, as follows: A) Not more than one-half ofthe total ERC allowances for reductions made in the control period in 2001 : B) Not less than one-half ofthe total ERC allowances for reductions made in the control period in 2002: and C) If approved by USEPA, any ERC allowances not allocated pursuantto subsections (f)(2)(A) or (8) ofthis Section, for reductions made in the control period in 2003. 3) Ifthe number of ERC allowances requested for a reduction achieved in·the control period in 2003 is less than or equal to the numberof ERC allowances designated forthat control period in subsection (f)(2)(A) and (B) ofthis Section, the Agency will allocate to each budget unit one allowance for each accepted ERC request: and 4) Ifthe number of ERC allowances requested for a reduction achieved in control period in 2003 is greaterthan the number of ERC allowances designated for that control period in subsection (e)(2)(A) ofthis Section, the Agency will**lI~ocate** to each budget unit allowances for accepted requests on a pro-rata basis. g) The Agency will notifythe account representative submitting an ERC request forthe subsequent control period ofthe numberof ERC allowances that will be allocated to each budget unit forthat 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

### ILLINOISREGISTER
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31 By March 1, 2004, for ERCs requested for and earned in the 2003 control period.
hI By May 1, 2004, the Agency will submitto USEPAthe ERC allocations made bythe Agency underthis Section. USEPA will record such allocationsto the extentthatthey are consistent with the requirements ofthis Section.
il ERC allowances recorded undersubsection (hI ofthis Section may be deducted for compliance under 40 CFR § 96.54, as incorporated by reference in Section 21 7.104 ofthis Part, forthe control period in 2004 or such control periods as may be specified by USEPA. Notwithstanding 40 CFR § 96.55(aL USEPA will deduct as retired any ERC allowances that are not deducted for compliance·in accordance with 40 CFR § 96.54 forthe control period in 2004 ororsuch control periods as may be specified by USEPA.
j) ERC allowances are treated as banked allowances in 2004 forthe purposes of 40 CFR § 96.55(al and (b). (Source: Added at



### --- Section 217.674 Opt-in Units III. Reg. , effective



### ---- ----

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 Subpartto become a opt-in budget unit if it:
1I Is not a budget EGU under SubpartW ofthis Part: 2) Vents all of its emissions to a stack: 3) Has documented heat input for more than 876 hours in the six months immediately preceding the submission of an application for an initial budget permit under subsection (d) ofthis Section: 4) Is not covered by a retired unit exemption under40 CFR § 96.5: and

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NOTICEOFPROPOSEDAMENDMENTS

5) Is not covered bythe low-emitterexemption under Section 217.654(c) ofthis Subpart. b) Except as otherwise provided in this Subpart, a opt-in budget unit shall be treated as a budget unit for purposes of applying this Subpartand 40 CFR part 96. c) Authorized Account Representative: 1) If an opt-in unit is located atthe same source as one or more budget units, it shall have the same account representative as those budget units. 2) Ifthe opt-in unit is not located atthe same source as one or more budget units, the owner or operator ofthe opt-in unit shall submit a complete account certificate of representation under 40 CFR § 96.13. d) To apply for a budget permit, the account representative of a unit meeting the qualifications of subsection (a) of this Section must, except as provided under Section 217.678(f) of this Subpart, submit to the Agency: 1) A budget permit application for the unitthat: A) Meetsthe requirements under Section 217.658 of this 

# CD Subpart; and B) Contains provisions for a change in the regulatory status ofthe unitto a opt-in budget unit under Section 217.654 ofthis Subpart pursuant to the provisions of Section 217.680(b) ofthis Subpart. 2) A monitoring plan for the unit in accordance with 40 CFR 96, Subpart H. (Source: Added at



### --- Section 217.676 Opt-In Process III. Reg. I effective

_

### ILLINOISREGISTER
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NOTICEOFPROPOSEDAMENDMENTS

The owner or operator of a unit meeting the qualifications of Section 217.674(a) of this Subpart may submit an application for a budget permit for a opt-in budget unit under Section 217.674(d) of this Subpart. The Agency will issue or deny a budget permit for such opt-in unit in accordance with Section 217.658 of this Subpart and the following: a) The Agency will determine, on an interim basis, the sufficiency ofthe monitoring plan accompanying the initial application for a budget permit for an opt-in unit. A monitoring plan is sufficient, for purposes of interim review, ifthe plan contains information demonstrating that the NOx emission rate and heat input ofthe unit are monitored and reported in accordance with 40 CFR 96, Subpart H. A determination of sufficiency shall not be construed as acceptance or approval ofthat unit's monitoring plan. b) Ifthe Agency determines thatthe unit's monitoring plan is sufficient undersubsection (a) of this Section and after completion of the monitoring system certification under 40 CFR 96, Subpart H, the NOx emission rate and the heat input of the unit shall be monitored and reported in accordance with 40 CFR 96, Subpart H, for one full control period during which the monitoring system availability is not less than 90 percent and during which the unit is in full compliance with any applicable State orfederal emissions or emissions-related requirements.

'''" 

## (,1 Based on the information monitored and reported under subsection (b) of this Section, the unit's baseline heat rate shall be calculated as the unit's total heat input (in mmbtu) forthe control period and the unit's baseline NOx emission rate shall be calculated as the unit's total NOx emissions (in Ibs) forthe control period divided bythe unit's baseline heat rate. (Source: Added at



### --- III. Reg. I effective



### ----- ----- Section 217.678 Opt-in Budget Units: Withdrawal from NOx Trading Program a) Requesting withdrawal. To withdraw from the NOx Trading Program, the account representative of a opt-in budget unit shall submitto the Agency a request to withdraw from the NOx Trading Program and to

### ILLINOISREGISTER
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withdraw the budget permit effective as of a specified date between (and not including) September 30 and before May 1. The submission shall be made no laterthan 90 days priorto the requested effective date of withdrawal. b) Conditions for withdrawal. Before an opt-in budget unit may withdraw from the NOxTrading Program and the budget permit may be withdrawn underthis Section, the following conditions must be met: 1) Forthe control period immediately before the withdrawal isto 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 NOx budget source where the opt-in budget unit is located, the number of allowances required in accordance with 40 CFR § 96.54(d) for the control period. 3) Afterthe requirements for withdrawal under subsections (b)(1) and (2) ofthis Section are met, USEPA will deductfrom the opt-in unit's compliance account, orthe overdraft account of tQe budget source where,!heppt-in budget unit is located, a'flowances equal in number

# to any allowances allocated to that unit under Section 217.782 ofthis Subpart forthe 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 forthe owners and operators ofthe opt-in unit. The account representative for the opt-in budget unit shall become the account representative forthe general account. c) A opt-in budget unitthat withdraws from the Subpart U NOxTrading Program shall comply with all requirements underthe NOxTrading Program concerning all years for which such opt-in budget unit was a

### ILLINOISREGISTER
POLLUTIONCONTROLBOARD
NOTICEOFPROPOSEDAMENDMENTS opt-in budget unit, even if such requirements arise or must be complied with afterthe withdrawal takes effect. d) Notification: 1) Afterthe requirements for withdrawal under subsections (a) and (b) ofthis Section are met (including deduction ofthe full amount of allowances required), the Agency will revise the budget permit indicating a specified effective date for the withdrawal that is 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 undersubsections (a) and (b) ofthis Section are not met, the Agency will issue a notification to the owner or operator and the account representative of the opt-in budget unitthatthe opt-in unit's request to withdraw its budget permit is denied. Ifthe opt-in budget unit's request to withdraw is denied, the opt-in budget unit shall remain subject to the requirements for aopt-in budget unit. e) Reapplication upon failure to meet conditions of withdrawal. Ifthe Agency denies the opt-in budget unit's request to withdraw, the account representative of the opt-in budget unit may submit another request to withdraw in accordance with subsections (a) and (b) of this Section. f) Abilityto return to the NOx Trading Program. Once an opt-in unit withdraws from the NOx Trading Program and its budget permit is withdraw underthis Section, the account representative may not submit another application for a budget permit under Section 217.674(d) of this Subpart forthe unit priorto the date that is four years afterthe date on which the budget permit with opt-in conditions is withdrawn. (Source: Added at

_ III. Reg. , effective

_ Section 217.680 Opt-in Units: Change in Regulatory Status

### ILLINOISREGISTER
POLLUTIONCONTROLBOARD
NOTICEOFPROPOSEDAMENDMENTS a) Notification. When an opt-in unit becomes an opt-in budget unit under Section 217.654(d) ofthis Subpart, the owner or operatorshall notify the Agency and USEPA in writing of such change in the opt-in unit's regulatory status within 30 days of such change. b) Any permit application that provides for a change in the regulatory status of a unitto aopt-in budget unit pursuantto Section 217.674(d)(1)(8) ofthis Subpart and included in a budget permit, is effective on the date on which such opt-in unit becomes aopt-in budget unit under Section 217.654 ofthis Subpart. c) USEPA's action. 1) USEPA will deductfrom the compliance account forthe opt-in budget unit underthis Section, orthe overdraft account ofthe budget source where the opt-in budget unit is located, allowances equal in numberto and allocated forthe same or a prior control period as: A) Any allowances allocated to the budget unit (as an opt-in unit) under Section 21 7.682 ofthis Subpart for any control period afterthe last control period during which the unit's budget permit was effective; and 8) Ifthe effective date of any budget permit under subsection (bl ofthis Section is during a control period, the allowances allocated to the opt-in budget unit (as an opt-in unitl under Section 217.682 ofthis Subpart for the control period multiplied bythe ratio ofthe number of days in the control period, starting with the effective date ofthe budget permit undersubsection (b) ofthis Section, divided bythe total numberof days in the control period. 2) The account representative shall ensure thatthe compliance account ofthe opt-in budget unit undersubsection (b) ofthis Section, orthe overdraft account ofthe budget source where the opt-in budget unit 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

### ILLINOISREGISTER
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deductthe required number of allowances, 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) of this Section is effective, the opt-in budget unit undersubsection (b) ofthis Section will be treated, solelyfor purposes of allowance allocations under Section 21 7.666 or 217.668 of this Subpart, as a unitthat commenced operation on the effective date ofthe budget permit under subsection (b) ofthis Section and will be allocated allowances in accordance with Section 21 7.666 or 21 7.668 ofthis Subpart. 4) Notwithstanding subsection (c)(2) ofthis Section, if the effective date of any budget permit undersubsection (b) ofthis Section is during acontrol period, the following number of allowances will be allocated to the opt-in budget unit under subsection (b) ofthis Section under Section 217.666 or 21 7.668 ofthis Subpart forthe control period: the number of allowances otherwise allocated to the opt-in budget unit under Section 21 7.666 or 21 7.668 of this Subpart forthe control period multiplied bythe ratio ofthe numberof days in the control period, starting with the effective date ofthe budget permit under subsection (b) ofthis Section, divided bythe total number of days in the control period. d) When the owner or operator of an opt-in unit does not renew the budget permit forthe opt-in budget unit issued pursuant to Section 217.674(dl. USEPA will deduct from the opt-in budget unit's compliance account, orthe overdraft account of the budget source where the opt-in budget unit is located, allowances equal in numberto and allocated forthe same or a prior control period as any allowances allocated to the opt-in budget unit under Section 217.682 ofthis Subpart for any control period afterthe last control period for which the budget permit is effective. The account representative shall ensure that the opt-in budget unit's compliance account orthe overdraft account ofthe budget source where the opt-in budget unit is located contains the allowances necessary for completion of such deduction. If the compliance account or overdraft account does not contain sufficient allowances, USEPA will deductthe required numberof

### ILLINOISREGISTER
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NOTICEOFPROPOSEDAMENDMENTS
allowances, regardless ofthe control period for which they were allocated, whenever allowances are recorded in either account. e) Afterthe deduction undersubsection (d) ofthis Section is completed, USEPA will close the opt-in unit's compliance account. If any allowances remain in the compliance account after completion of such deduction and any deduction under40 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 forthe owner or operator ofthe opt-in unit. The account representative forthe opt-in unit shall become the account representative forthe general account. (Source: Added at



### --- III. Reg. , effective

_ Section 217.682 Allowance Allocations to Opt-in Bdget Units a) Allowance allocations: 1) Bythe 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 forthe control period in accordance with subsection (b) of this Section. 2) By no laterthan the December 31 afterthe first control period fo,which the budget permit is:iiJ1 effect and the December 31 of each yearthereafter, the Agency will allocate allowances to the opt-in budget unit and submitto USEPA allocations forthe next control period, in accordance with subsection (b) ofthis Section. b) Forthe 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:

### ILLINOISREGISTER
POLLUTIONCONTROLBOARD
NOTICEOFPROPOSEDAMENDMENTS A) The opt-in unit's baseline heat input determined pursuant to Section 217.676(c) ofthis Subpart: or B) The opt-in unit's heat input, forthe 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, Subpart H. 2) The Agency will allocate allowances to the opt-in budget unit in an amount equaling the heat input (in mmbtu) determined under subsection (bH1)ofthis Section multiplied bythe lesser of: A) The unit's baseline NOx emission rate (in Ibs/mmbtu) determined pursuantto Section 217.676(c) ofthis Subpart: or B) The lowest NOx emissions limitation (calculated in Ibs/mmbtu) under State orfederal law that is applicable to the budget opt-in foryear ofthe control period for which the allocations arebeing calculated, regardless of the averaging period to which the emissions limitation applies. (Source: Added at



### --- III. Reg. I effective



### ---- ---- SUBRART X: VOLUNTARY NOx EMISSIONS**REDUCTI~** PROGRAM
Section 217.800 Purpose
The purpose ofthis Subpart is to implement Section 9.9(dH3) ofthe Act by providing a method by which additional NOx allowances may be generated for use by emission units subjectto the requirements of Subparts U orW ofthis Part. [415 ILCS 5/9.9(dH3)] Verifiable, quantifiable, and federally enforceable emission reductions meeting the requirements ofthis Subpart and for which allowances are allocated will betransferred bythe Agency from the non-trading portion ofthe statewide NOx budget, as established in the so-called NOx SIP Call, 63 Fed. Reg. 57356 (October 27, 1998), to eitherthe EGU or non-EGU portion ofthe NOx trading budget, as applicable. (Source: Added at



### --- III. Reg. I effective

_

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Section 217.805 Emission Unit Eligibility Any owner or operator of a stationary source may submit a proposal. as provided in Section 217.835 ofthis Subpart, for voluntarily reducing NOx emissions during the control period, if each emission unitfrom which NOx reductions atthe source will be obtained meetsthe following criteria: a) Discharges through astack; b) Is fossil fuel-fired; c) Was permitted to operate priorto January 1, 1995; d) Is not subjectto the requirements of either SubpartT, U, V orW of this Part; e) Is not a retired unit pursuantto 40 CFR § 96.5; f) Has not elected to become an opt-in unit pursuantto Section 217.754 or Section 217.774 ofthis Part; g) Has not created NOx offsets recognized under 35 III. Adm. Code 203; and h) Is not astationary internal combustion engine that emits more than one ton of NOx per day during the ozone control period. (Source: Added at

_ III. Reg. I effective

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

### ILLINOISREGISTER
POLLUTIONCONTROLBOARD
NOTICEOFPROPOSEDAMENDMENTS 1) Submit a NOx emission reduction proposal that meets the requirements of Section 217.835 ofthis Subpart: 2) Request an emission cap on NOx emissions from all NOx emission units atthe emission reduction source that are not otherwise subjectto Subparts U or W ofthis Part, and that are the sametype of emission unit as the emission reduction unit (e.g., ifthe emission reduction unit is a boiler, combined cycle system orturbine, then the emission cap must include all boilers, combined cycle systems orturbines that are not otherwise subject to Subparts U orW ofthis Part, or ifthe emission unit is a cement kiln, then the emission cap must include all cement kilns), provided, however, the owneror operator ofthe source may submit ademonstration in accordance with Section 217.835 ofthis Subpartthat any likekind emission unit or units should not be included in the NOx emission cap: 3) Demonstrate howthe NOx emission cap required by subsection (a)(2) ofthis Section is to be determined, in accordance with Sections 217.820 and 217.845 ofthis Subpart, which cap reflects the NOx emission reduction specified in the proposal: 4) Permit requirements:
Obtain a permit, or an amendmentto an existing permit, forthe source, with federally enforceable conditions • addressing the commitments in the NOx emission reduction proposal and the emissions cap bythe later of May 1, 2003, orthe date on which the reduction in NOx emissions will commence and operate the source in compliance with such permit: or 

### A)

B) Foreach emission unitthat will be generating voluntary NOx emissions by ceasing operation, withdrawing the applicable permit, or requesting a revision to the permitto reflectthe shut down ofthe emission reduction unit, by the later of May 1, 2003, orthe date specified in the NOx reduction proposal.

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NOTICEOFPROPOSEDAMENDMENTS 5) Submit an emissions baseline determination for each unit subjectto the NOx emission cap in accordance with the requirements of Section 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 of Section 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 bythe emission reduction unit with the emissions limitation set forth in the NOxemission reduction proposal and the federally enforceable permit conditions required pursuant to subsection (aH3) 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 bythe emission reduction source with the emissions cap set forth in the NOx emission reduction proposal and the federally enforceable permit condition required pursuant to Section 217.850(a)(3) ofthis Subpart.**~.** b)" The owner or operator ofthe emission reduction source is required to submit an annual certification to the Agency that the source has complied with the cap on NOx emissions forthe source and the NOx emission reductions specified in the approved proposal were made pursuantto the requirements of Section 217.850 ofthis Subpart. (Source: Added at



### --- III. Reg. , effective



### ----- ----- Section 217.815 NOx Emission Reductions and the Subpart X NOx Trading Budget a) NOx emission reductions may be recognized underthis Subpart ifthey are quantifiable, verifiable, and federally enforceable, and meet one or more of the following criteria:

### ILLINOISREGISTER
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NOTICEOFPROPOSEDAMENDMENTS

1) Due to the use of any NOx emission reduction technology (e.g., combustion or post combustion control technology orfuel switching) at the emission reduction unit pursuantto federally enforceable conditions in the permit for the unit addressing such control technology orfuel switching, NOx emissions from the emission reduction unit for any control period beginning in 

### 2003 are or will be lowerthan such unit's actual emissions in the 

### 1995 control period. The amount of actual NOx emission reductions shall be determined in accordance with Section 

### 217.820 of this Subpart, and the amount of creditable NOx emission reductions shall be determined in accordance with Section 

### 217.825 of this Subpart; 2) The emission reduction unit is permanently shut down after January 

### 1, 1995, and the owner or operator requests a revision to the relevant operating permitto reflect the shut down of the emission reduction unit. The amount of actual NOx emission reductions shall be determined in accordance with Section 

### 217.820 ofthis Subpart, and the amount of creditable NOx emission reductions shall be determined in accordance with Section 

### 217.825 of this Subpart; 

### 3) During any control period beginning in 

### 2003, the emission reduction unit's control period NOx emission rate or hours of 0lifration is reduced**pursyant!~o** federally enforceable conditions in a permit for suchunit, resulting in an actual reduction in NOx emissions from such unit's actual 

### 1995 control period NOx emissions. The amount of actual NOx emission reductions shall be determined in accordance with Section 

### 217.820 of this Subpart, and the amount of creditable NOx emission reductions shall be determined in accordance with Section 

### 217.825 ofthis Subpart. b) USEPA shall adjust the State's trading portion of the statewide NOx budget, as established in the so-called NOx SIP Call, 

### 63 Fed. Reg 

### 57356 (October 

### 27, 1998), and create allowances forthe creditable portion, as set forth in Section 

### 217.825 of this Subpart, ofverifiable, quantifiable and federally enforceable NOx emission reductions meeting the requirements of this Subpart (the Subpart X NOx Trading

### ILLINOISREGISTER
POLLUTIONCONTROLBOARD
NOTICEOFPROPOSEDAMENDMENTS Budget), and allowances shall be allocated to recipient emission units from the Subpart X NOxTrading Budget in accordance with this Subpart. c) The Agency shall submit an allocation to USEPA forthe creditable portion of verifiable, quantifiable, and federally enforceable NOx emission reductions meeting the requirements of this Subpart, which allocation may be used forthe purposes of demonstrating compliance with the requirements of Subparts U and W of this Part. d) If USEPA adjusts orfails to adjust the Subpart X NOxTrading Budget as to any individual emission reduction unit, the Subpart X NOx Trading Budget shall not be adjusted pro-rata, and onlythe allowance allocation forthat emission reduction unit will be adjusted. (Source: Added at

_ III. Reg. , effective

_



### b) Section 217.820 Baseline Emissions Determination
An emission unit's actual emissions during the 1995 control period shall be determined as follows: a) By multiplying the unit's actual emissions during the 1995 calendar year, as reported in the annual emission report submitted in accordance with 35 III. Adm. Code 254, by 5/12ths; or

, Ifthe NOx emissions from the unit were not

## inclu~~d in the emission

reduction source's 1995 annual emissions report submitted to the Agency pursuant to 35 III. Adm. Code 254, by determining the base case amount included for such unit in the NOx SIP Call inventory, as specified in the "Technical Support Document for Illinois' Statewide NOx Budget, " (63 Fed. Reg. 17349 (Nov. 7, 1997)); or c) Ifthe NOx baseline emissions forthe 1995 control period cannot be determined bythe either ofthe methods listed in subsection (a) or (b) ofthis Section, such actual NOx baseline emissions shall be determined based on the average emission rate multiplied by the average number of hours of operation from two ofthe three control periods, as selected bythe emission reduction source, priorto the year the emission reduction proposal is effective. The unit's emission rate

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and hours of operation will be determined based on the unit's reported NOxemission rate and hours of operation in the most recent annual emission reports for such unit submitted in accordance with 35 III. Adm. Code 254. (Source: Added at



## --- III. Reg. , effective

_ Section 217.825 Calculation of Creditable NOx Emission Reductions a) Forshut down units, the gross amount of control period actual NOx emission reductions shall be determined pursuantto Section 217.820{a) or (b) ofthis Subpart. Eighty percent (80%) ofthe actual NOxemission reductions achieved by shut down units, as determined in accordance with Sections 217.820{a) or (b) shall be creditable. Twenty percent (20%) ofthe NOx emissions reductions shall be retired forthe benefit of airquality: b) Foractual NOxemission reductions achieved pursuantto Sections 217.815(a) or (c), the gross amount of control period actual NOx emission reductions shall be determined pursuantto Section 217.820(b) ofthis Subpart. Eighty percent (80%) ofthe actual NOx emission reductions achieved pursuantto Sections 217.815(a) or (c) ofthis Subpart shall be creditable. Twenty percent (20%) ofthe actual NOxemissions reductions shall be retired forthe benefit of air quality. (Source: Added at



### --- III. Reg. ' effective

_ Section 217.830 Limitations of NOx Emissions Reductions a) Each NOx allowance issued pursuant to NOx emission reductions meeting the requirements ofthis Subpart is a limited authorization to emit one ton of NOx in accordance with the federal NOxTrading Program as set forth in Subparts U orW ofthis Part, as applicable. No provision ofthe federal NOxTrading Program, the emission reduction proposal, the permit application, the permit, or of law shall be construed to limitthe authority ofthe United States orthe State to terminate or limit such authorization.

### ILLINOISREGISTER
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NOTICEOFPROPOSEDAMENDMENTS b) Any NOx allowance issued in accordance with this Subpart does not constitute a property right. (Source: Added at

_ III. Reg. ' effective

_ Section 217.835 NOx Emission Reduction Proposal a) A NOx emission reduction proposal shall include the following: 1) Information identifying each emission unit atthe source that emits NOx, whetherthe unit is subjectto SubpartT, U, V ,W or X ofthis Part, and the baseline emissions for each emission unit subjectto the NOx emission cap as determined in accordance with Section 217.820 of this Subpart: 2) Information identifying each emission reduction unitfrom 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 NOx emission cap in accordance with Section 217.81 O(a) ofthis Subpart, and if all

... like-kind or same-type emission units are not proposed to be included within the NOx emission cap, an explanation of how the owner or operator of the emission reduction source will ensure that production shifting will not occur, such thatthe emission reduction source will achieve real, verifiable, and quantifiable NOx emission reductions: 6) The control period NOx emission cap to be achieved bythe emission reduction source, including both the baseline emissions for each recipient unit subject to the NOx emission cap and the NOx emission reductions from the emission reduction unit(s) included in the proposal:

### ILLINOISREGISTER
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NOTICEOFPROPOSEDAMENDMENTS 7) The name and address ofthe owner or operator of each emission unit to which the NOx allowances will be allocated, the Subpart of this Part (i.e, Subpart U orW) to which each unit is subject, including the name, telephone number, and account number of the account representative for each such unit: and 8) Certification bythe owner or operator of each unitthat is the subject of each proposed emission reduction proposal of his/her acceptance ofthe terms of the proposal and certification that the emission reductions specified in the proposal have been or will be achieved. b) The owner or operator of a source submitting an emission reduction proposal must notifythe Agency in writing within 30 days of any event or circumstance that makes NOx emission reduction proposal incorrect or incomplete. c) The owner or operator of a source submitting an emission reduction proposal may request to withdraw its emission reduction proposal, and cease to create NOx allowances underthis Subpart, as follows: 1) Requesting withdrawal. To withdraw from participation under this Subpart, the owner or operator of an emission reduction unit shall submitto the Agency a written request to withdraw from participation and to withdraw or revise the applicable permit effective as of a specified date between (and not including) September 30 and before May 1. The submission shall be made no laterthan 90 days priorto the requested effective date of withdrawal. 2) Conditions for withdrawal. Before an emission reduction source

. may withdraw from participation, and the federally enforceable

permit may be withdrawn underthis Section, forthe control period immediately before the withdrawal is to be effective, the owner or operator must submitto the Agency an annual compliance certification report in accordance with Section 217.855 of this Subpart. 3) An emission reduction source that withdraws from the this Subpart shall comply with all requirements under its approved

### ILLINOISREGISTER
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NOTICEOFPROPOSEDAMENDMENTS
emission reduction proposal and federally enforceable permit conditions addressing such proposal concerning all years for which the emission reduction source was in the program, even if such requirements arise or must be complied with afterthe withdrawal takes effect. 4) Notification: A) Afterthe requirements for withdrawal undersubsections (a) and (b) ofthis Section are met, the Agency will revise the permit indicating a specified effective date forthe withdrawal that is afterthe requirements in subsections (a) and (b) ofthis Section have been met and that is prior to May 1 or after September 30. B) Ifthe requirements for withdrawal undersubsections (a) and (b) ofthis Section are not met, the Agency will issue a notification to the owner or operator ofthe emission reduction source thatthe requestto withdraw its permit is denied. Ifthe requestto withdraw is denied, the source shall remain subject to the requirements of its approved emission reduction proposal and federally enforceable permit conditions addressing the proposal and the requirements of'this Subpart.

5 Rea lication u on failure to meet conditions of withdrawal. If tn-·· Agency denies the

### reduest~'of the owner or operator of the emission reduction source's requestto withdraw, the owner or operator ofthe source may submit another requestto withdraw in accordance with subsections (a) and (b) of this Section. 6) Upon successful withdrawal from the program, the emission reduction source shall no longer be subject to the provisions of this Subpart. (Source: Added at

--- Section 21 7.840 Agency Action III. Reg. , effective



### ---- ----

### ILLINOISREGISTER
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NOTICEOFPROPOSEDAMENDMENTS a) The Agency shall notify the owner or operator submitting a NOx emission reduction proposal in writing of its decision with respectto the proposal within 90 days after receipt of such proposal and, if applicable, of NOx emissions data to verifythatthe specified reductions have occurred. The owner or operator ofthe emission reduction source may extend the deadline forAgency action in writing. Ifthe Agency disapproves or conditionally approves a proposal, this written notice shall include astatement ofthe specific reasons forthe disapproval or conditional approval ofthe proposal. The following shall be considered afinal Agency action forthe purposes of appeal: 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 operatorofthe emission reduction source has 30 days to submit a modified proposal addressing the specific items listed bythe Agency. Ifthe owner and operator ofthe emission reduction source does not submit a modified emission reduction proposal within such 30 day period, the conditional approval shall be deemed to be adisapproval, and shall be deemed to be afinal action for purposes of appeal. b) The NOx emissions reduction proposal will not be effective until: 1) Afterthe owner or operator ofthe emission reduction source has obtained or modified a permit with federally enforceable conditions addressing the requirements ofthis Subpart; or 

### 2)**~~** If NOx emission reductions are being

### obtai";~d bythe shut down of an emission reduction unit, the owner or operator ofthe emission reduction unit has either: A) Obtained or modified

### a permit with federally enforceable conditions addressing the requirements ofthis Subpart; or B) Withdrawn the applicable permit and the Agency has:
i) Provided USEPA with acopy of the proposal and notice ofthe Agency's proposed approval ofthe emission reduction proposal, and USEPA has not disapproved such proposal; and

### ILLINOISREGISTER
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NOTICEOFPROPOSEDAMENDMENTS ii) Published notice and offered an opportunityto comment, pursuantto 35 III. Adm. Code 252, on such permit withdrawal, its proposed approval of the emission reduction proposal forthe shut down ofthe emission reduction unit and the creditable NOx emission reductions that will be created by the shut down. c) Ifthe Agency approves the proposal, and subjectto the provisions of subsection (b) ofthis Section, the Agency shall submit an allocation to USEPA forthe creditable reductions created pursuantto the requirements ofthis Subpart subjectto the following: 1) Any allocation 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 November 1st following the control period that the emission reduction unit has reduced NOx emissions, verified the NOx emission reductions in accordance with Section 217.845 ofthis Subpart, and obtained a permit containing federally enforceable conditions addressing the requirements ofthis Subpart; 3) The allowances shall be issued by May 1 afterthe control period in which the reduction has occurred, for use in anyfuture control period. (Source: Added at



### --- III. Reg. , effective

_ Section 217.845 Emissions Determination Methods
The owner or operator of an emission reduction source must demonstrate that it has obtained the NOx emission reductions, and has not exceeded its NOx emission cap, as specified in its approved NOx emission reduction proposal, as follows: a) Ifthe NOx emission reductions are generated pursuantto Section 217

.. 815(a) ofthis Subpart, the NOx emission rate for each emission

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reduction unit shall be determined as follows: 1) Through the use of continuous emissions monitoring in accordance with Section 217.850 of this Subpart; or 2) Through the use of anytest methods and procedures provided in 40 CFR part 60 and approved bythe Agency, or any other method approved bythe Agency when included as federally enforceable conditions in a permit issued or revised pursuantto this Subpart. b) Ifthe NOx emission reductions are generated pursuant to Section 217.815(c) of this Subpart, submit an initial compliance demonstration plan to the Agency 120 days priorto the control period date thatthe emission reduction unit will 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 priorto the date the specified emission reductions will be obtained, orwithin 45 days of the Agency's request for NOx emission reductions already obtained, and notifying the Agency in writing of anytest performed tocomply with the requirements ofthis Subpart at least 30 days priorto the test. The Agency may at anytime require annual control period testing of any emission unit at the NOx emission reduction source, and may require such testing as part of its approval of a NOx emission reduction proposal. d) The owner or operator of an emission reduction source must submit a compliance certification, including supporting data, by November 1st following each control period in which NOx emission reductions are generated that the NOx emission cap, as specified in its approved NOx emission reduction proposal, has not been exceeded, and must monitor and report the NOx emissions during each control period from all NOx emission units atthe source subject to the NOx emission cap in accordance with Sections 217.850 and 217.855 ofthis Subpart.

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e) The owner or operator of an emission reduction source shall, 120 days priorto the date that the emission reduction source will commence NOx emission reductions in compliance with an approved emissions reduction proposal, submit a performance evaluation for each CEMS using the applicable performance specifications in 40 CFR 60, Appendix B, as incorporated by reference in Section 217.104 of this Part. (Source: Added at



### --- III. Reg. , effective

_ Section 217.850 Emissions Monitoring a) Except for shut down NOx emission reduction units, the owner operator of an emission reduction source shall install, calibrate, maintain, and operate during the control period on each NOx emission unit atthe source subjectto the NOx emission cap a continuous emission monitoring system (CEMS), or an alternative approved bythe Agency and included in afederally enforceable permit condition, for measuring NOx emissions to the atmosphere and record the output of that system. b) The CEMS shall be operated and data recorded during all periods of operation of the emission unit at the source during the control period, except for CEMS breakdowns and repairs as provided in subsection (e) of this Section. c) CEMS quality assurance data must be recorded during calibration checks and zero and span adjustments. d) The 1-hour average NOx emissions measured bythe CEMS shall be: 1) Expressed in Ibs/hr or in Ibs/mmbtu and heat input; 2) Calculated using the data points required under 40 CFR § 60.13, as incorporated by reference in Section 217.104 of this Subpart; and 3) Calculated using at leasttwo data points separated by a minimum of 15 minutes (where the unit operates for more than

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one quadrant of an hour) if data are unavailable as a result of the performance of calibration, quality assurance, or preventive 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 of each CEMS. f) For monitoring systems measuring NOx in Ibs/hr, if NOx emission data are not obtained because of CEMS breakdown, repairs, calibration checks, and zero and span adjustments, NOx emission data shall be obtained by using the data substitution procedures contained in 

### 40 CFR part 

### 75, Subpart D, incorporated by reference in Section 

### 217.104 of this Part. g) For monitoring systems measuring NOx in Ibs/mmbtu, if NOx emission data are not obtained because of CEMS breakdown, repairs, calibration checks, and zero and span adjustments, NOx emission data shall be obtained by using the rolling hourly average of emission data recorded forthe 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% orthe period of missing data is greaterthan 

### 24 consecutive hours, the data shall be obtained by using the highest hourly average recorded during the prevjoui

### 30 days of operation

.

.**"'~** h) The CEMS shall be subjectto the quality assurance procedures and requirements of 

### 40 CFR 

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

### 21 7.

### 104 of this Part. (Source: Added at



### --- Section 

### 217.855 Reporting III. Reg. , effective

_

a) By November 

### 1st of each year beginning in 

### 2003, orthe year of the first control period for which NOx emission reductions were generated in accordance with this Subpart, an owner or operator of an emission reduction source must, as a seasonal component of the annual emission report for the source pursuant to 

### 35 III. Adm. Code 

### 254,

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report the total control period NOx emissions of each NOx emission unit at the source subjectto the NOx emission cap to the Agency. b) Within 30 days of receipt of such data or evaluation, the owner or operator of 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 S, as incorporated by reference in Section 217.104 ofthis Part. (Source: Added at

_ Section 217.860 Recordkeeping III. Reg. , effective

_

a) The owner or operator of an emission reduction source shall keep and maintain the following records for each NOx emission unit atthe source subjectto the NOx emission cap: 1) Daily, monthly, and control period operating hours: 2) Type and quantity of each fuel used daily during the control period: 3) Control period capacity factor of individual fuels fired and all fuels fired: 4) Monitoring records: A) 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 S, as incorporated by reference in Section 217.104 ofthis Part. S) Maintain records ofthe following information for each operating day for each NOx emission unit subjectto the NOx emission cap:

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NOTICEOFPROPOSEDAMENDMENTS i) Calendar date: ii) The average hourly NOx mass emission rate expressed as Ib/hr: iii) The control period total NOx mass emissionsto date: iv) Identification of times when emission data have been excluded from the calculation of NOx mass emissions, the reasons for excluding the data, and any corrective actions taken: v) Identification ofthe times when the pollutant concentration exceeded full span ofthe CEMS: vi) Description of any modifications to the CEMS that could affect the ability ofthe CEMS to comply with the Performance Specifications in 40 CFR 60, Appendix B: and vii) Results of daily CEMS drifttests and quarterly accuracy assessments as required under 40 CFR 60, Appendix F.
C) The owner or operator of any NOx emission reduction source subject to the continuous monitoring requirements for NOx underthis Subpart, shall submit a compliance certification containing the information recorded under subsection (a)(4)(B) ofthis Section. All compliance certification reports shall be postmarked by November 1st orthe next business day if November 1st falls on a Saturday or Sunday, of each control period in which NOx emission reductions are generated. b) Maintenance of records. Unless otherwise provided, the owner or operator of a NOx emission reduction source shall keep on site at the source, each ofthe following documents for a period of five (5) years from the date the document is created. This period may be extended for cause, at anytime priorto the end of five (5) years, in writing by

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the Agency. 1) The emission reduction proposal and all documents that demonstrate the truth ofthe statements in the proposal for each yearthe emission reduction source generates NOx reductions underthis Subpart and for five (5) years thereafter. 2) All emissions monitoring information required pursuantto this Subpart: provided thatto the extentthat 40 CFR 60 provides for a 3-year period for recordkeeping, the 3-year period shall apply. 3) Copies of all reports, compliance certifications, and other submissions and all records made or required underthis Subpart. 4) Copies of all documents used to complete any permit application and supporting documents and any othersubmission to demonstrate compliance with the requirements ofthis Subpart. (Source: Added at



### --- Section 217.865 Enforcement III. Reg. , effective



### ----- -----

a) Excess Emissions Requirements: The owner or operator of an emission reduction source for which NOx reductions have been recognized pursuantto this Section and that has excess NOx emissions in any control period for which NOx allowances have been issued must: 1) Forthe first control period during which the emission reduction source has excess NOx emissions, purchase NOx allowances in an amount equal to two (2) times the excess NOx emissions in accordance with the federal NOxTrading Program and surrender the allowances to the Agency by December 31 following the control period in which the emission reduction source had excess emissions:

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NOTICEOFPROPOSEDAMENDMENTS 2) Forthe second control period during which the emission reduction source has excess NOx emissions. purchase allowances in an amount equal to three (3) times the excess NOx emissions in accordance with 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: 3) Ifthe emission reduction source has excess NOx emissions for three control periods. purchase allowances in an amount equal to four (4) times the excess NOx emissions 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 NOx emission reduction proposal shall be revoked. The emission reduction source will thereafter not be able to generate NOx emission reductions for which NOx allowances may be issued underthis Subpart. b) All allowances surrendered to the Agency pursuantto 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 governmentto seek penalties and injunctive relief for anyviolation of this Subpart or any permit condition. Nothing in this Subpart limits the right ofthe state orthe federal government or any person to directly enforce against actions or omissions which constitute violations of permits required bythe Act or regulations promulgated there under orthe CAA or applicable federal environmental laws and regulations. (Source: Added at



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