ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE B: AIR POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS FOR

STATIONARY SOURCES

PART 211

DEFINITIONS AND GENERAL PROVISIONS

SUBPART A: GENERAL PROVISIONS

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Definitions (Repealed)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

Air Assisted 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

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

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 or Wipe Coating

Bulk Gasoline Plant

Bulk Gasoline Terminal

Business Machine Plastic Parts

Can

Can Coating

Can Coating Line

Capture

Capture Device

Capture Efficiency

Capture System

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

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Clear Topcoat

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

Custody Transfer

Cutback Asphalt

Daily-Weighted Average VOM Content

Day

Degreaser

Delivery Vessel

Dip Coating

Distillate Fuel Oil

Distillation Unit

Drum

Dry Cleaning Operation or Dry Cleaning Facility

Dump-Pit Area
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

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Effective Grate Area

Effluent Water 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-Roof Tank

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

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

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

Heatset Web Offset Lithographic Printing Line

Heavy Liquid

Heavy Metals

Heavy Off-Highway Vehicle Products

Heavy Off-Highway Vehicle Products Coating

Heavy Off-Highway Vehicle Products Coating Line

High Temperature Aluminum Coating

High Volume Low Pressure (HVLP) Spray

Hood

Hot Well

Housekeeping Practices

Incinerator

Indirect Heat Transfer

Ink

In-Process Tank

In-Situ Sampling Systems

Interior Body Spray Coat

Internal-Floating Roof

Internal Transferring Area

Lacquers
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

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

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

Magnet Wire

Magnet Wire Coating

Magnet Wire 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

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Monitor

Monomer

Motor Vehicles

Motor Vehicle 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

NOx Trading Program

Offset

One Hundred Percent Acid

One-Turn Storage Space

Opacity

Opaque Stains

Open Top Vapor Degreasing

Open-Ended Valve

Operator of a Gasoline Dispensing Operation or Operator of a Gasoline

Dispensing Facility

Organic Compound

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

Owner or Operator

Packaging Rotogravure Printing

Packaging Rotogravure Printing Line

Pail

Paint Manufacturing Source or Paint Manufacturing Plant

Paper Coating

Paper Coating Line

Particulate Matter

Parts Per Million (Volume) or PPM (Vol)

Person
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

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

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

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

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

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Sheet-Fed

Shotblasting

Side-Seam Spray Coat

Single Unit Operation

Smoke

Smokeless Flare

Soft Coat

Solvent

Solvent Cleaning

Solvent Recovery System

Source

Specialty Coatings

Specialty Coatings for Motor Vehicles

Specialty High Gloss Catalyzed Coating

Specialty Leather

Specialty Soybean Crushing Source

Splash Loading

Stack

Stain Coating

Standard Conditions

Standard Cubic Foot (scf)

Start-Up

Stationary Emission Source

Stationary Emission Unit

Stationary Gas Turbine

Stationary Reciprocating Internal Combustion Engine

Stationary Source

Stationary Storage 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

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

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) or Volatile Organic Compound (VOC)

Volatile Petroleum Liquid

Wash Coat

Washoff Operations

Wastewater (Oil/Water) Separator

Weak Nitric Acid Manufacturing Process
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

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 of the 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.
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

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

RO 1~09 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 NOx Trading Program

For the purposes of 35 III. Adm. Code 217, Subparts U and W, the NOx Trading

Program shall mean the requirements of 35 III. Adm. Code 217, Subparts U and W,

and those provisions of the federal NOx Trading 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

under common control of the same person or persons under common

control) belonging to a single major industrial grouping. For the purposes of

defining "source," a stationary source or group of stationary sources shall be

considered part of a single industrial grouping if all of the pollutant emitting

activities at such source or group of sources located on contiguous or

adjacent properties and under common control belong to the same Major

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

Industrial Classification Manual, 1987 (incorporated by reference in 35 III.
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

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 whether the

pollutant emitting activities at such group of stationary sources constitute a

support facility shall be made on a case by case basis.
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

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 CONTROL AND 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 NOx Trading Budget

Methodology for Obtaining NOx Allocations

Methodology for Determining Required NOx Allocations

NOx Allocations 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 NOx Trading Program

Opt-in Budget Units: Change in Regulatory Status

Allowance Allocations to Opt-in Budget Units

SUBPART X: VOLUNTARY NOx EMISSIONS REDUCTION PROGRAM

Section

217.800

217.805

217.810

217.815

217.820

Purpose

Emission Unit Eligibility

Participation Requirements

Methods to Obtain NOx Emission Reductions

Baseline Emissions Determination
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

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 R 01-11, at __ III. Reg. , effective , and

amended at R 01-_, at III. Reg. , effective _

SUBPART U: NOx CONTROL AND TRADING PROGRAM FOR

SPECIFIED NOx GENERATING UNITS

Section 217.650 Purpose

The purpose of this Subpart is to cap the emissions of nitrogen oxides (NOx) during

the ozone control period from units subject to the provisions of this Subpart

("budget units") by determining source allocations and by implementing the federal

NOx Trading Program, 40 CFR part 96, consistent with the provisions of this

Subpart.

(Source: Added at---

Section 217.652 Severability

III. Reg. ' effective _

If any Section, subsection or clause of this Subpart is found invalid, such finding

shall not affect the validity of this Subpart as a whole or any Section, sentence or

clause not found invalid.
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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 greater than 250 mmbtu/hr and that is:

1) A unit listed on Appendix E of this Subpart, or

2) A unit not listed on Appendix E of this Subpart that:

A) At no time serves a generator producing electricity for

sale: or

B) At any time serves a generator producing electricity for

sale, if such generator has a nameplate capacity of 25

MWe or less and has the potential to use no more than

50% of the potential electrical output capacity of the

unit. Fifty percent (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. If the size of the generator is smaller than

this calculated number, the unit is subject to the

provisions of this Subpart, but if the size of the generator

is greater than this calculated number, the unit is subject

to the provisions of Subpart W of this Part: or

C) Is part of any source, as that term is defined in 35 III.

Adm. Code Section 211.6135, listed on Appendix E of

this Part.

b) Those units that meet the above criteria and are subject to the NOx

Trading Program emissions limitations contained in this Subpart are

budget units.

c) Low-emitter status: Notwithstanding subsection (a) of this Section,

the owner or operator of a budget unit subject to the requirements of

subsection (a) of this Section may elect low-emitter status by
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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 only to 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 unit to burning only natural gas, fuel oil, or

natural gas and fuel oil:

B) Limit the unit's potential NOx mass emissions for the

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 by the 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 if the 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.
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iiI Multiply the default NOx emission rate under

subsection (cH1 HDW) of this Section by the unit's

maximum rated hourly heat input which is the

higher of the manufacturer's maximum rated hourly

heat input or the highest observed hourly heat

input. The owner or operator of the unit may

request in the permit application required by this

subsection that the Agency use a lower value for

the unit's maximum rated hourly heat input. The

Agency may approve such lower value if the owner

of operator demonstrates thailthe maximum hourly

heat input specified by the manufacturer or the

highest observed hourly heat input, or both, are not

representative. The owner or operator must

demonstrate that such lower value is

representative of the unit's current capabilities

because modifications have been made to the unit

that permanently limit the unit's capacity.

EI Require that for five years at the source that includes the

unit, records demonstrating that the operating hours

restriction, the fuel use restriction and the other

requirements of the permit related to these restrictions

were met; and

FI Require that the owner or operator of the unit report

during each control period to the Agency the unit's hours

of operation (treating any partial hour of operation as a

whole hour of operation), heat input and fuel use by type.

This report shall be submitted by November 1 of each

year the unit elects low-emitter status.

2) The Agency will notify the USEPA in writing of each unit

electing low-emitter status pursuant to the requirements of

subsection (cH 1I 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 by the Agency;
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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 of this

Subpart if, for any control period under subsection (c) of this

~~cti6n, the fuel use restriction or the operating hours

restriction under subsection (c)(1) of this Section is removed

from the unit's permit or otherwise is no longer applicable, or

the unit does not comply with the fuel use restriction or the

operating hours restriction under subsection (c)( 1) of this

Section. Such unit shall be treated as commencing operation

on September 30 of the control period for which the fuel use

restriction or the operating hours restriction is no longer

applicable or during which the unit does not comply with the

fuel use restriction or the operating hours restriction.

4) The owner or operator of a unit to which the Agency has ever

allocated allowances under Appendix E of this Part may elect

low-emitter status. In that case, the Agency will reduce the

Subpart U NOx budget by the number of allowances

corresponding to the amount of NOx emissions the unit is

permitted to emit during the control period, pursuant to 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 cover the

unit's NOx emissions by offsetting the emissions from such

unit, not to exceed its permitted emission limit as included in its

federally enforceable permit, with allowances issued for

voluntary NOx reductions meeting the requirements of Subpart

X of this Part. The Agency will not reduce the Subpart U NOx

budget by the allowances issued for NOx reductions obtained in

accordance with Subpart X of this Part.

d) The owner or operator of any budget unit not listed in Appendix E of

this Part but is subject to this Subpart shall not receive an allocation of
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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 of this Subpart, or receive any allocation from the

Subpart W NOx Trading 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 NOx Trading Program, Subpart X of this

Part or pursuant to a permanent transfer of NOx allocations pursuant

to Section 217.662(b) of this Subpart.

e) Notwithstanding any other provisions of this Subpart, a source and

units at the source subject to the provisions of subsection (a) of this

Section will become subject to this Subpart on THE FIRST DAY OF

THE CONTROL SEASON SUBSEQUENT TO THE CALENDAR YEAR IN

WHICH ALL OF THE OTHER STATES SUBJECT TO THE PROVISIONS

OF THE NOX SIP CALL (63 Fed. Reg. 57355 (October 27, 1998))

THAT ARE LOCATED IN USEPA REGION V OR ARE THAT

CONTIGUOUS TO ILLINOIS HAVE ADOPTED REGULATIONS TO

IMPLEMENT NOX TRADING PROGRAMS AND OTHER REQUIRED

REDUCTIONS OF NOX EMISSIONS PURSUANT TO THE NOX SIP

CALL, AND SUCH REGULATIONS HAVE RECEIVED FINAL APPROVAL

BY USEPA AS PART OF THE RESPECTIVE STATES' SIPS FOR

OZONE, OR A FINAL FIP FOR OZONE PROMULGATED BY USEPA IS

EFFECTIVE.

(Source: Added at--- III. Reg. , effective ---- ----

Section 217. 656 Compliance Requirements

All budget units subject to the requirements of this Subpart must comply with the

following:

a) The requirements of this 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 of this Part.

To the extent that this Subpart contains provisions which are

inconsistent with any provisions of 40 CFR 96, the owner or operator

of budget units subject to this Subpart shall comply with the

provisions of this Subpart in lieu of those provisions which were

incorporated by reference.
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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 must submit 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 by the Agency with federally

enforceable conditions covering the NOx Trading Program

("budget permit"), and that complies with the requirements of

Section 217.658 of this 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 subject to

this Subpart, at the time of filing an application for a permit

under this Section, must submit a complete application for

either a permit incorporating a source-wide overdraft account

(as such term is defined in 40 CFR § 96.2), or a permit

incorporating unit specific compliance accounts for each budget

unit at the source subject to this Subpart. Such election shall

be at the sole discretion of the owner or operator of the source

and the Agency shall incorporate such election into a permit

issued to the source pursuant to this Subpart.

c) Monitoring requirements:

1) For budget units subject to the requirements of this Subpart,

and which commence operation on and after January 1, 2000,

the owner or operator of each such budget unit at the source

must comply with the monitoring requirements of 40 CFR 96,

Subpart H. The account representative of each such budget

unit at the source shall comply with those sections of the

monitoring requirements of 40 CFR 96, Subpart H, applicable to

an account representative.

2) The compliance of each budget unit subject to the requirements

of subsection (c)(1) or subsection (c)(3)(A) of this Section with
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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 operation prior to 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) If the monitoring requirements of 40 CFR 96. Subpart H,

are demonstrated by the source to be technically

infeasible as applied to a budget unit subject to the

requirements of this Subpart, the owner or operator of

such budget unit may monitor by an alternative

monitoring procedure for the budget unit approved by the

Agency and the Administrator of USEPA pursuant to the

provisions of 40 CFR 75, Subpart E. Such alternative

monitoring procedures must be contained as federally

enforceable conditions in the unit's permit.

4) The compliance of each budget unit subject to the requirements

of subsection (c)(3)(B) of this Section shall be determined by

the emissions measurements recorded and reported in

accordance with the federally enforceable conditions in the

budget unit's permit addressing monitoring as required by

subsection (c)(3)(B) of this 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 of this Subpart must hold allowances available

for compliance deductions under 40 CFR § 96.54 for each

budget unit at the source subject to this Subpart in the budget

unit's compliance accounts, or the source's overdraft account.

The number of allowances held in these accounts shall not be

less than the total NOx emissions for the control period
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(rounded to the nearest whole ton), as determined in

accordance with Section 217.656(c) of this Subpart, plus any

number of allowances necessary to account for actual utilization

(e.g., for testing, start-up, malfunction, and shut down) under

40 CFR § 96.42(e) for all budget units at the source subject to

this Subpart. Compliance with this provision shall be

demonstrated if, as of the allowance transfer deadline, the sum

of the allowances available for compliance deductions for all

budget units at the source subject to this Subpart is equal to or

greater than 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, or transferred

among allowance accounts in accordance with this Subpart and

40 CFR 96, Subparts F and G.

3) Each ton of NOx emitted by a source with one or more budget

units subject to this Subpart in any control period in excess of

the NOx allowances held by the owner or operator for each

budget unit at the source subject to this Subpart for each

control period shall constitute a separate violation of this

Subpart and the Act.

4) In order to comply with the requirements of subsection (dH 1) of

this Section, an allowance may not be utilized for a control

period in a year prior to the year for which the allowance was

allocated.

5) An allowance allocated by the Agency or USEPA under the NOx

Trading Program is a limited authorization to emit one ton of

NOx. No provision of the NOx Trading Program, any permit

issued or permit application submitted pursuant to this Subpart,

or an exemption under 40 CFR § 96.5 and no provision of law

shall be construed to limit the authority of the United States or

the State to terminate or limit this authorization.

6) An allowance allocated by the Agency or USEPA under the NOx

Trading Program or pursuant to this Subpart does not constitute

a property right.
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7) Upon recordation by USEPA under 40 CFR 96, Subpart F or G,

every allocation, transfer, or deduction of an allowance to or

from a budget unit's compliance account or to or from the

source's general or overdraft account where the budget unit is

located is deemed to amend automatically and become a part of

any budget permit of the budget unit. This automatic

amendment of the budget permit shall occur by 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

subject to the requirements of this Subpart must keep on site at

the source each of the 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 any time prior to the end of five years in writing by

the Agency or USEPA.

A) The account certificate of representation for the account

representative for the source and each budget unit at the

source subject to the requirements of this Subpart and all

documents that demonstrate the truth of the statements

in the account certificate of representation, in accordance

with 40 CFR § 96.13, provided that the certificate and

such supporting documents must be retained on site at

the source beyond such five year period until such

documents are superseded because of the submission of

a new account certificate of representation changing the

account representative.

B) All emissions monitoring information, in accordance with

Section 217.656(cl. provided that to the extent that 40

CFR 96, Subpart H, provides for a three-year period for

recordkeeping, the three-year period shall apply.

C) Copies of all reports, compliance certifications, and other

submissions and all records made or required under this

Subpart or the NOx Trading Program or documents
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necessary to demonstrate compliance with the

requirements of this Subpart or the NOx Trading Program.

D) Copies of all documents used to complete a budget

permit application and any other submission under this

Subpart or under the NOx Trading Program.

2) The account representative of a source and each budget unit at

the source subject to the requirements of this Subpart must

submit to the Agency and USEPA the reports and compliance

certifications required under this Subpart and the NOx Trading

Program, including those under 40 CFR 96, Subparts 0 and H.

f) Liability:

1) No revision of a budget permit shall excuse any violation of the

requirements of the NOx Trading Program or this Subpart that

occurs prior to the date that the revision under such budget

permit takes effect.

2) Each budget source and each budget unit at the source shall

meet the requirements of the NOx Trading Program.

3) Any provision of this Subpart or the NOx Trading Program that

applies to a source subject to the requirements of this Subpart

(including a provision applicable to the account representative of

the source) shall also apply to the owner and operator of such

source and to the owner and operator of the budget units

subject to the requirements of this Subpart at the source.

4) Any provision of this Subpart or the NOx Trading Program that

applies to a budget unit subject to the requirements of this

Subpart (including a provision applicable to the account

representative of such budget unit) shall also apply to the owner

and operator of such budget unit. Except with regard to the

requirements applicable to budget units with a common stack

under 40 CFR 96, Subpart H, the owner and operator and the

account representative of one budget unit shall not be liable for

any violation by any other budget unit of which they are not an

owner or operator or the account representative and that is
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located at a source of which they are not an owner or operator

or the account representative.

5) Excess emissions requirements. The account representative of

a source that has excess emissions in any control period shall

surrender the allowances as required for deduction under 40

CFR § 96.54(d)(1).

6) The owner or operator of a budget EGU that has excess

emissions in any control period shall pay any fine, penalty, or

assessment or comply with any other remedy imposed under 40

CFR § 96.54(d)(3) and the Act.

g) Effect on other authorities. No provision of this Subpart, the NOx

Trading Program, a budget permit application, a budget permit, or a

retired budget unit exemption under 40 CFR § 96.5 shall be construed

as exempting or excluding the owner or operator and, to the extent

applicable, the account representative of a source or budget unit from

compliance with any other regulations promulgated under the CAA,

the Act, an approved State implementation plan, or a federally

enforceable permit.

(Source: Added at--- 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 subject to this Subpart is required to timely submit, in

accordance with subsection (a)(4), (a)(5), or (a)(6) of this

Section, as applicable, a complete permit application addressing

all requirements of this Subpart applicable to such budget units.

2) Each budget permit (including a draft or proposed budget

permit, if applicable) shall contain federally enforceable

conditions addressing all applicable requirements of the NOx

Trading Program and requirements of this Subpart and shall be a

complete and segregable portion of the source's entire permit

issued pursuant to subsection (a)(1) of this Section.
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3) No budget permit will be issued, and no NOx allowance account

will be established for any budget unit subject to this Subpart,

until the 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 subject to this Subpart that 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 of this Section on

or before November 1, 2003.

5) For any budget unit subject to this Subpart that commenced

operation before August 1, 2003, and for which a CAAPP

permit is required pursuant to Section 39.5 of the Act, the

owner or operator of such budget unit must submit a budget

permit application meeting the. requirements of this Section on

or before August 1, 2003.

6) For any budget unit subject to this Subpart that is subject to

Section 39.5 of the Act and that commences operation on or

after August 1, 2003, and for any budget unit subject to this

Subpart and not subject to Section 39.5 of the Act that

commences operation on or after 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 of the Act and 35 III. Adm. Code 201

and such applications must specify that they are applying for

budget permits, and must address the budget permit application

requirements of this Section.

b) Budget permit applications:

1) Duty to 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) of this Section for such budget units by the
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applicable deadline in subsection (a)(4L (aH5L or (a)(6) of this

Section. The owner or operator of any source with such budget

units must reapply for a budget permit as required by this

Subpart, and 35 III. Adm. Code 201 and Sections 39 and 39.5

of the Act.

2) Information requirements for budget permit applications. A

complete budget permit application must include the following

elements concerning the budget units for which the application

is submitted:

A) Identification of the source, including plant name. The

ORIS (Office of Regulatory Information Systems) or

facility code assigned to the source by the Energy

Information Administration must also be included, if

applicable:

B) Identification of each fossil fuel-fired combustion turbine,

stationary boiler or combined cycle system budget unit at

the source. An explanation whether each budget unit is

subject to the requirements of Section 217.654 of this

Subpart: and

C) The compliance requirements of Section 217.656 of this

Subpart.

3) An application for a budget permit shall be treated as a

modification of the source's existing federally enforceable

permit, if such permit has been issued for the source, and shall

be subject to the same procedural requirements. When the

Agency issues a budget permit. it shall be incorporated into and

become a segreagable part of the source's existing federally

enforceable permit.

(Source: Added at--- III. Reg. ' effective _

Section 217.660 Subpart U NOx Trading Budget

a) The initial NOx allowances available for allocation for each control

period (the Subpart U NOx Trading Budget) for budget units subject
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to the provisions of this Subpart shall be 4,882 tons per control

period, subject to adjustment in accordance with subsections (bL (c)

and (d) of this Section, and subject to the new source set aside for

budget units subject to this Subpart, as set forth in Sections 21 7.662

and 217.664 of this Subpart. The Subpart U Nox Trading Budget

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

b) The Agency may adjust the Subpart U NOx Trading Budget available

for allocations in subsection (a) of this Section by adding allowances

for budget units subject to this Subpart opting to become subject to

this Subpart pursuant to the requirements in Sections 217.674 and

217.676 of this Subpart.

c) The Agency shall adjust the Subpart U NOx Trading Budget available

for allocations in subsection (a) of this 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 NOx trading budget of 4,882 allowances, the

Agency will adjust the Subpart U NOx Trading Budget pro-rata.

e) If USEPA adjusts the Subpart U NOx Trading Budget as to any

individual budget unit, the Subpart U NOx Trading Budget shall not be

adjusted pro-rata, and only the allowance allocation for that budget

unit will be adjusted.

(Source: Added at _ III. Reg. , effective _

Section 217.662 Methodology for Obtaining NOx Allocations
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a) Appendix E of thisPart identifies the sources with existing budget

units subject to this Subpart and the number of NOx allowance

allocations that each such budget unit is eligible to receive each

control period, subject to adjustment in accordance with Section

21 7.660 of this Subpart and for transfers made in accordance with

subsection (b) of this Section. Each named budget unit's allocation

will be adjusted proportionally based on the adjusted Subpart U NOx

Trading Budget as provided by Section 217.660(b) (d) and (e) of this

Subpart

b) The owner or operator of budget units subject to this Subpart may

permanently transfer all or part of their allocation of allowances

pursuant to Column 4 of Appendix E of this Part, subject to

adjustment in accordance with this Subpart, to another budget unit

subject to this Subpart, or to a budget unit subject to Subpart W of

this Part. Such transfer will be effective by submitting a written

request to the Agency that is signed by the account representative for

the transferring budget unit and containing the account number for the

recipient budget unit. The owner or operator of budget units subject to

this Subpart may not permanently transfer all or part of the new

source set aside indicated in Column 5 of Appendix E of this Part.

c) Subject to adjustment in accordance with this Subpart, revocation or

revision of the federal NOx Trading Program or this Subpart

allocations pursuant to Appendix E of this Part exist for the life of the

program, including all or a portion of any allocation transferred to

another budget unit pursuant to the provisions of this Subpart.

(Source: Added at _ III. Reg. , effective _

Section 217.664 Methodology for 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 or the permitted NOx emission rate, but not less than 0.055

Ib/mmbtu.

b) The general equation for determining allowances is:
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= HI x ER

2000

Where HI = heat input (in mmbtu/control period) as determined in

accordance with subsection (c) of this 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 subject to this Subpart that have heat

input from at least three control periods prior to the allocation

year, the average of the budget unit's two highest seasonal

heat inputs from the control periods one to three years prior to

the allocation year;

2) For IInew" budget units subject to this Subpart that have heat

input from only two control periods prior to the allocation year,

the average of the budget unit's seasonal heat inputs from the

control periods one and two years prior to the allocation year;

3) J;pr "new" budget units subiypt to this Subpart that have

s~asonal heat input from on"? the control period prior to the

allocation year, the heat input from that control period; or

4) For IInew" budget units subject to this Subpart that have not

operated for at least 77 days of the control period prior to the

allocation year, the budget unit's maximum design heat input

for the control period as designated in the construction permit.

(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
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Section 217.660 of this Subpart, subject to adjustment as provided in this Subpart.

These allocations will be issued as provided in subsections (a) through (b) of this

Section. Specifically,

a) The Agency will allocate to each budget unit that is listed in Appendix

E of this Part the number of allowances listed in Column 5 of

Appendix E of this Part for that budget unit for each three year period

of the program. The Agency will report these allocations to USEPA by

March 1 of 2004, and triennially thereafter.

b) The Agency will allocate allowances from the new source set-aside to

"new" budget units as set forth in Section 21 7.668 of this Subpart.

c) The Agency will report allocations from the new source set-aside to

USEPA by April 1 of each year for the following year.

d) To the extent that allowances remain in the new source set-aside after

any allocation pursuant to subsection (b) of this Section, the Agency

shall allocate any such remaining allowances pro-rata to the owner or

operator of the budget units listed on Appendix E of this Part to the

extent a whole allowance may be allocated to any such owner or

operator. The Agency will make such allocation by April 15 of each

year. If there are insufficient allowances to allocate a whole

allowance to any such owner or operator of a budget unit listed on

Appendix E of this Part, such allowances shall be retained by the

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, subject to the provisions of Section 217.668 of this

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 E of this

Part on a pro-rata basis, such accumulated whole allowances

shall be allocated pro-rata to such owner or operators.
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(Source: Added at--- III. Reg. , effective ----- -----

Section 217.668 New Source Set-Asides for "New" Budget Units

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

one that commenced commercial operation on or after January 1,

2000. For the 2007 and later control periods, a "new" budget unit is

one that commenced commercial operation no more than three (3)

control periods prior to the year the allocation is requested pursuant to

this Section. Those units that commenced commercial operation on or

after January 1, 2000, but before May 31, 2004, become "exisiting"

budget units on October 1, 2004. Those units that commenced

commercial operation on or after May 31, 2004, become "exisiting"

budget units the end of the third control period after they commenced

commercial operation.

b) "New" budget units must have an allowance for every ton 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 NOx Trading

Budget allocation as reflected in Column 5 of Appendix E of this Part,

which is 146 allowances, for each control period. The allocation for

the new source set aside from each source shall be based on three

percent of the source's initial allocation, without regard to subsequent

adjustment to any such source's current allocation, including

permanent transfer of allowances to another source or revision of the

Subpart U NOx Trading 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 of this

Subpart, and subject to the provisions of this Section.

e) The account representative of a "new" budget unit under subsection

(a) of this Section may purchase allowances from the new source setaside by submitting to the Agency a request, in writing or in a format
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specified by the Agency, to be allocated allowances for the current

control period from the new source set-aside. The allocation request

for each applicable control period must be submitted after the date on

which the Agency issues a construction permit to the "new" budget

unit and before February 1 of the control period for which the

allocation is requested.

f) The Agency will notify the account representative by March 1 of the

applicable year of the number of allowances that are eligible for

purchase for the" new" budget unit pursuant to the requirements of

this Section. If the Agency does not receive payment by March 15 of

the applicable year, the account representative will forfeit his/her

eligibility to purchase the allowances offered. The Agency will make

available for purchase those forfeited allowances on a pro-rata basis to

"new" budget units requesting allocations pursuant to Section, up to

the number of allowances requested by each account representative.

Such additional allocations are subject to the purchase requirements of

subsection (j) of this 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 other than 2004, the average price at which NOx

allowances were traded in the interstate NOx Trading Program ..

for the preceding control period.

h) The fees collected by the Agency from the sale of allowances will be

distributed pro-rata to budget units receiving allowances pursuant to

Appendix E of this Part on the basis of allocated allowances, subject

to Agency administrative costs assessed pursuant to Section 9.9 of

the Act.

(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 by the applicable
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provisions of subsection (c) of this Section in the 2001 or 2002, control period, or

if approved by USEPA, the 2003 control period, for use in 2004 control period, or

later control periods authorized by USEPA, the account representative may 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 under subsection (d) of this Section must monitor NOx

emissions in accordance with 40 GFR 96, Subpart H, as incorporated

by reference in Section 217.104 of this Part, starting with the control

period prior to the control period for which 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 for the 2000 control period. The budget unit's monitorin'g

system availability must be not less than 90 percent during the control

period prior to the control period in which the NOx emissions reduction

is made and the budget unit must be in compliance with any

applicable State or federal emissions or emissions-related

requirements.

The NOx emission rate and heat input under subsections (c) through

(e) of this Section shall be determined in accordance with 40 GFR 96,

Subpart H.

of this 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) for the 2001 control

period.

The account representative of a budget unit that meets the

requirements of subsections (a) through (c) of this Section may submit

to the Agency a request for ERGs for the budget unit based on NOx

emission rate reductions made by the budget unit in control periods

2001, 2002 and 2003 in accordance with subsection (c) of this

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
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heat input for such control period multiplied by the difference

between the budget unit's NOx emission rate (meeting the

requirements of subsection (c) of this Section for such the

applicable control period) and the budget unit's actual NOx

emission rate for the applicable control period, divided by 2000

Ibs/ton, and rounded to the nearest ton;

2) Upon request of the account representative, the ERC allowance

allocation for a particular budget unit may be deposited in the

source's overdraft account rather than in the budget unit's

compliance account; and

3) The early reduction request must be submitted in a format

specified by the 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 of the Compliance Supplement Pool under the 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) of this Section and

covered by ERC requests meeting the requirements of subsection ld)

of this Section in accordance with the following procedures:

1) Upon receipt of each ERC request, the Agency will accept the

request only if the requirements of subsections (a) through ld)

of this Section are met and will make any necessary adjustment

to the request to ensure that the amount of the ERCs requested
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meets the requirements of subsections (b) through (d) of this

Section:

2) The Agency shall allocate no more than 2,427 ERCs over three

years, as follows:

A) Not more than one-half of the total ERC allowances for

reductions made in the control period in 2001 :

B) Not less than one-half of the total ERC allowances for

reductions made in the control period in 2002: and

C) If approved by USEPA, any ERC allowances not allocated

pursuant to subsections (f)(2)(A) or (8) of this Section,

for reductions made in the control period in 2003.

3) If the number of ERC allowances requested for a reduction

achieved in· the control period in 2003 is less than or equal to

the number of ERC allowances designated for that control

period in subsection (f)(2)(A) and (B) of this Section, the

Agency will allocate to each budget unit one allowance for each

accepted ERC request: and

4) If the number of ERC allowances requested for a reduction

achieved in control period in 2003 is greater than the number of

ERC allowances designated for that control period in subsection

(e)(2)(A) of this Section, the Agency will lI~ocate to each

budget unit allowances for accepted requests on a pro-rata

basis.

g) The Agency will notify the account representative submitting an ERC

request for the subsequent control period of the number of ERC

allowances that will be allocated to each budget unit for that control

period as follows:

1) By March 1, 2002, for ERCs requested for and earned in the

2001 control period:

2) By March 1, 2003, for ERCs requested for and earned in the

2002 control period: and
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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 submit to USEPA the ERC

allocations made by the Agency under this Section. USEPA will

record such allocations to the extent that they are consistent with the

requirements of this Section.

il ERC allowances recorded under subsection (hI of this Section may be

deducted for compliance under 40 CFR § 96.54, as incorporated by

reference in Section 21 7.104 of this Part, for the 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 for the control period in 2004 or or such control

periods as may be specified by USEPA.

j) ERC allowances are treated as banked allowances in 2004 for the

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 under this Subpart to become a opt-in

budget unit if it:

1I Is not a budget EGU under Subpart W of this 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) of this Section:

4) Is not covered by a retired unit exemption under 40 CFR §

96.5: and
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5) Is not covered by the low-emitter exemption under Section

217.654(c) of this 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 Subpart and

40 CFR part 96.

c) Authorized Account Representative:

1) If an opt-in unit is located at the same source as one or more

budget units, it shall have the same account representative as

those budget units.

2) If the opt-in unit is not located at the same source as one or

more budget units, the owner or operator of the opt-in unit shall

submit a complete account certificate of representation under

40 CFR § 96.13.

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 unit that:

A) Meets the requirements under Section 217.658 of this CD

Subpart; and

B) Contains provisions for a change in the regulatory status

of the unit to a opt-in budget unit under Section 217.654

of this Subpart pursuant to the provisions of Section

217.680(b) of this 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 _
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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 of the

monitoring plan accompanying the initial application for a budget

permit for an opt-in unit. A monitoring plan is sufficient, for purposes

of interim review, if the plan contains information demonstrating that

the NOx emission rate and heat input of the unit are monitored and

reported in accordance with 40 CFR 96, Subpart H. A determination

of sufficiency shall not be construed as acceptance or approval of that

unit's monitoring plan.

b) If the Agency determines that the unit's monitoring plan is sufficient

under subsection (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 or federal emissions or emissions-related

requirements.

'''" (,1 Based on the information monitored and reported under subsection (b)

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

unit's total heat input (in mmbtu) for the control period and the unit's

baseline NOx emission rate shall be calculated as the unit's total NOx

emissions (in Ibs) for the control period divided by the 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 submit to the

Agency a request to withdraw from the NOx Trading Program and to
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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 later than 90 days prior to the requested effective

date of withdrawal.

b) Conditions for withdrawal. Before an opt-in budget unit may withdraw

from the NOx Trading Program and the budget permit may be

withdrawn under this Section, the following conditions must be met:

1) For the control period immediately before the withdrawal is to

be effective, the account representative must submit to the

Agency an annual compliance certification report in accordance

with 40 CFR § 96.30.

2) If the 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, or the overdraft account of the 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) After the requirements for withdrawal under subsections (b)(1)

and (2) of this Section are met, USEPA will deduct from the

opt-in unit's compliance account, or the 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 of this Subpart for the control

period for which the withdrawal is to be effective and earlier

control periods. USEPA will close the opt-in budget unit's

compliance account and will establish, and transfer any

remaining allowances to, a new general account for the owners

and operators of the opt-in unit. The account representative for

the opt-in budget unit shall become the account representative

for the general account.

c) A opt-in budget unit that withdraws from the Subpart U NOx Trading

Program shall comply with all requirements under the NOx Trading

Program concerning all years for which such opt-in budget unit was a
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opt-in budget unit, even if such requirements arise or must be

complied with after the withdrawal takes effect.

d) Notification:

1) After the requirements for withdrawal under subsections (a) and

(b) of this Section are met (including deduction of the full

amount of allowances required), the Agency will revise the

budget permit indicating a specified effective date for the

withdrawal that is after the requirements in subsections (a) and

(b) of this Section have been met and that is prior to May 1 or

after September 30.

2) If the requirements for withdrawal under subsections (a) and (b)

of this Section are not met, the Agency will issue a notification

to the owner or operator and the account representative of the

opt-in budget unit that the opt-in unit's request to withdraw its

budget permit is denied. If the opt-in budget unit's request to

withdraw is denied, the opt-in budget unit shall remain subject

to the requirements for a opt-in budget unit.

e) Reapplication upon failure to meet conditions of withdrawal. If the

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

account representative of the opt-in budget unit may submit another

request to withdraw in accordance with subsections (a) and (b) of this

Section.

f) Ability to return to the NOx Trading Program. Once an opt-in unit

withdraws from the NOx Trading Program and its budget permit is

withdraw under this Section, the account representative may not

submit another application for a budget permit under Section

217.674(d) of this Subpart for the unit prior to the date that is four

years after the 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
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a) Notification. When an opt-in unit becomes an opt-in budget unit under

Section 217.654(d) of this Subpart, the owner or operator shall notify

the Agency and USEPA in writing of such change in the opt-in unit's

regulatory status within 30 days of such change.

b) Any permit application that provides for a change in the regulatory

status of a unit to a opt-in budget unit pursuant to Section

217.674(d)( 1)(8) of this Subpart and included in a budget permit, is

effective on the date on which such opt-in unit becomes a opt-in

budget unit under Section 217.654 of this Subpart.

c) USEPA's action.

1) USEPA will deduct from the compliance account for the opt-in

budget unit under this Section, or the overdraft account of the

budget source where the opt-in budget unit is located,

allowances equal in number to and allocated for the same or a

prior control period as:

A) Any allowances allocated to the budget unit (as an opt-in

unit) under Section 21 7.682 of this Subpart for any

control period after the last control period during which

the unit's budget permit was effective; and

8) If the effective date of any budget permit under

subsection (bl of this Section is during a control period,

the allowances allocated to the opt-in budget unit (as an

opt-in unitl under Section 217.682 of this Subpart for the

control period multiplied by the ratio of the number of

days in the control period, starting with the effective date

of the budget permit under subsection (b) of this Section,

divided by the total number of days in the control period.

2) The account representative shall ensure that the compliance

account of the opt-in budget unit under subsection (b) of this

Section, or the overdraft account of the budget source where

the opt-in budget unit is located, contains the allowances

necessary for completion of the deduction under subsection

(c)( 1) of this Section. If the compliance account or overdraft

account does not contain sufficient allowances, USEPA will
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deduct the required number of allowances, regardless of the

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

under subsection (b) of this Section will be treated, solely for

purposes of allowance allocations under Section 21 7.666 or

217.668 of this Subpart, as a unit that commenced operation

on the effective date of the budget permit under subsection (b)

of this Section and will be allocated allowances in accordance

with Section 21 7.666 or 21 7.668 of this Subpart.

4) Notwithstanding subsection (c)(2) of this Section, if the

effective date of any budget permit under subsection (b) of this

Section is during a control period, the following number of

allowances will be allocated to the opt-in budget unit under

subsection (b) of this Section under Section 217.666 or

21 7.668 of this Subpart for the 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 for the control

period multiplied by the ratio of the number of days in the

control period, starting with the effective date of the budget

permit under subsection (b) of this Section, divided by the total

number of days in the control period.

d) When the owner or operator of an opt-in unit does not renew the

budget permit for the opt-in budget unit issued pursuant to Section

217.674(dl. USEPA will deduct from the opt-in budget unit's

compliance account, or the overdraft account of the budget source

where the opt-in budget unit is located, allowances equal in number to

and allocated for the same or a prior control period as any allowances

allocated to the opt-in budget unit under Section 217.682 of this

Subpart for any control period after the last control period for which

the budget permit is effective. The account representative shall ensure

that the opt-in budget unit's compliance account or the overdraft

account of the budget source where the opt-in budget unit is located

contains the allowances necessary for completion of such deduction.

If the compliance account or overdraft account does not contain

sufficient allowances, USEPA will deduct the required number of
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allowances, regardless of the control period for which they were

allocated, whenever allowances are recorded in either account.

e) After the deduction under subsection (d) of this Section is completed,

USEPA will close the opt-in unit's compliance account. If any

allowances remain in the compliance account after completion of such

deduction and any deduction under 40 CFR § 96.54, USEPA will close

the opt-in unit's compliance account and will establish, and transfer

any remaining allowances to, a new general account for the owner or

operator of the opt-in unit. The account representative for the opt-in

unit shall become the account representative for the general account.

(Source: Added at--- III. Reg. , effective _

Section 217.682 Allowance Allocations to Opt-in Bdget Units

a) Allowance allocations:

1) By the December 31 immediately before the first control period

for which the budget permit is effective, the Agency will

allocate allowances to the opt-in budget unit and submit to

USEPA the allocation for the control period in accordance with

subsection (b) of this Section.

2) By no later than the December 31 after the first control period

fo,which the budget permit is:iiJ1 effect and the December 31 of

each year thereafter, the Agency will allocate allowances to the

opt-in budget unit and submit to USEPA allocations for the next

control period, in accordance with subsection (b) of this

Section.

b) For the first control period, and for each subsequent control period for

which the opt-in budget unit has a budget permit, the opt-in budget

unit will be allocated allowances in accordance with the following

procedures:

1) The heat input (in mmbtu) used for calculating allowance

allocations will be the lesser of:
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A) The opt-in unit's baseline heat input determined pursuant

to Section 217.676(c) of this Subpart: or

B) The opt-in unit's heat input, for the control period in the

year prior to the year of the first control period for which

the allocations are being calculated, as determined 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 (bH 1)of this Section multiplied by the lesser of:

A) The unit's baseline NOx emission rate (in Ibs/mmbtu)

determined pursuant to Section 217.676(c) of this

Subpart: or

B) The lowest NOx emissions limitation (calculated in

Ibs/mmbtu) under State or federal law that is applicable

to the budget opt-in for year of the control period for

which the allocations are being 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 of this Subpart is to implement Section 9.9(dH3) of the Act by

providing a method by which additional NOx allowances may be generated for use

by emission units subject to the requirements of Subparts U or W of this Part.

[415 ILCS 5/9.9(dH3)] Verifiable, quantifiable, and federally enforceable emission

reductions meeting the requirements of this Subpart and for which allowances are

allocated will be transferred by the Agency from the non-trading portion of the

statewide NOx budget, as established in the so-called NOx SIP Call, 63 Fed. Reg.

57356 (October 27, 1998), to either the EGU or non-EGU portion of the 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 of this Subpart, for voluntarily reducing NOx emissions during the

control period, if each emission unit from which NOx reductions at the source will

be obtained meets the following criteria:

a) Discharges through a stack;

b) Is fossil fuel-fired;

c) Was permitted to operate prior to January 1, 1995;

d) Is not subject to the requirements of either Subpart T, U, V or W of

this Part;

e) Is not a retired unit pursuant to 40 CFR § 96.5;

f) Has not elected to become an opt-in unit pursuant to Section 217.754

or Section 217.774 of this Part;

g) Has not created NOx offsets recognized under 35 III. Adm. Code 203;

and

h) Is not a stationary 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 a source ("emission reduction source") with

one or more emission units meeting the requirements of Section

217.805 of this 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:
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1) Submit a NOx emission reduction proposal that meets the

requirements of Section 217.835 of this Subpart:

2) Request an emission cap on NOx emissions from all NOx

emission units at the emission reduction source that are not

otherwise subject to Subparts U or W of this Part, and that are

the same type of emission unit as the emission reduction unit

(e.g., if the emission reduction unit is a boiler, combined cycle

system or turbine, then the emission cap must include all

boilers, combined cycle systems or turbines that are not

otherwise subject to Subparts U or W of this Part, or if the

emission unit is a cement kiln, then the emission cap must

include all cement kilns), provided, however, the owner or

operator of the source may submit a demonstration in

accordance with Section 217.835 of this Subpart that any likekind emission unit or units should not be included in the NOx

emission cap:

3) Demonstrate how the NOx emission cap required by subsection

(a)(2) of this Section is to be determined, in accordance with

Sections 217.820 and 217.845 of this Subpart, which cap

reflects the NOx emission reduction specified in the proposal:

4) Permit requirements:

Obtain a permit, or an amendment to an existing permit,

for the source, with federally enforceable conditions •

addressing the commitments in the NOx emission

reduction proposal and the emissions cap by the later of

May 1, 2003, or the date on which the reduction in NOx

emissions will commence and operate the source in

compliance with such permit: or

A)

B) For each emission unit that will be generating voluntary

NOx emissions by ceasing operation, withdrawing the

applicable permit, or requesting a revision to the permit to

reflect the shut down of the emission reduction unit, by

the later of May 1, 2003, or the date specified in the

NOx reduction proposal.
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5) Submit an emissions baseline determination for each unit

subject to the NOx emission cap in accordance with the

requirements of Section 217.820 of this 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 of this Subpart.

B) The emissions measurements recorded and reported in

accordance with Sections 217.850 and 217.855 of this

Subpart shall be used to determine compliance by the

emission reduction unit with the emissions limitation set

forth in the NOx emission reduction proposal and the

federally enforceable permit conditions required pursuant

to subsection (aH3) of this Section.

C) The emissions measurements recorded and reported in

accordance with Sections 217.850 and 217.855 of this

Subpart shall be used to determine compliance by the

emission reduction 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) of this Subpart.

~.

b)" The owner or operator of the emission reduction source is required to

submit an annual certification to the Agency that the source has

complied with the cap on NOx emissions for the source and the NOx

emission reductions specified in the approved proposal were made

pursuant to the requirements of Section 217.850 of this 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 under this Subpart if they

are quantifiable, verifiable, and federally enforceable, and meet one or

more of the following criteria:
ILLINOIS REGISTER

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1) Due to the use of any NOx emission reduction technology (e.g.,

combustion or post combustion control technology or fuel

switching) at the emission reduction unit pursuant to federally

enforceable conditions in the permit for the unit addressing such

control technology or fuel switching, NOx emissions from the

emission reduction unit for any control period beginning in 2003

are or will be lower than such unit's 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 permit to 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 of this 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 such unit, 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 of this 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 for the creditable

portion, as set forth in Section 217.825 of this Subpart, of verifiable,

quantifiable and federally enforceable NOx emission reductions

meeting the requirements of this Subpart (the Subpart X NOx Trading
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Budget), and allowances shall be allocated to recipient emission units

from the Subpart X NOx Trading Budget in accordance with this

Subpart.

c) The Agency shall submit an allocation to USEPA for the creditable

portion of verifiable, quantifiable, and federally enforceable NOx

emission reductions meeting the requirements of this Subpart, which

allocation may be used for the purposes of demonstrating compliance

with the requirements of Subparts U and W of this Part.

d) If USEPA adjusts or fails to adjust the Subpart X NOx Trading Budget

as to any individual emission reduction unit, the Subpart X NOx

Trading Budget shall not be adjusted pro-rata, and only the allowance

allocation for that 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

, If the 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) If the NOx baseline emissions for the 1995 control period cannot be

determined by the either of the methods listed in subsection (a) or (b)

of this 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 of the three control

periods, as selected by the emission reduction source, prior to 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

NOx emission 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) For shut down units, the gross amount of control period actual NOx

emission reductions shall be determined pursuant to Section

217.820{a) or (b) of this Subpart. Eighty percent (80%) of the actual

NOx emission reductions achieved by shut down units, as determined

in accordance with Sections 217.820{a) or (b) shall be creditable.

Twenty percent (20%) of the NOx emissions reductions shall be

retired for the benefit of air quality:

b) For actual NOx emission reductions achieved pursuant to Sections

217.815(a) or (c), the gross amount of control period actual NOx

emission reductions shall be determined pursuant to Section

217.820(b) of this Subpart. Eighty percent (80%) of the actual NOx

emission reductions achieved pursuant to Sections 217.815(a) or (c)

of this Subpart shall be creditable. Twenty percent (20%) of the

actual NOx emissions reductions shall be retired for the 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 of this Subpart is a limited authorization to

emit one ton of NOx in accordance with the federal NOx Trading

Program as set forth in Subparts U or W of this Part, as applicable.

No provision of the federal NOx Trading Program, the emission

reduction proposal, the permit application, the permit, or of law shall

be construed to limit the authority of the United States or the State to

terminate or limit such authorization.
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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 at the source that

emits NOx, whether the unit is subject to Subpart T, U, V ,W or

X of this Part, and the baseline emissions for each emission unit

subject to the NOx emission cap as determined in accordance

with Section 217.820 of this Subpart:

2) Information identifying each emission reduction unit from which

the NOx emission reductions have been or will be achieved:

3) An explanation of the method used to achieve the NOx emission

reductions:

4) The amount of the 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) of this 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 that the

emission reduction source will achieve real, verifiable, and

quantifiable NOx emission reductions:

6) The control period NOx emission cap to be achieved by the

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:
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7) The name and address of the owner or operator of each

emission unit to which the NOx allowances will be allocated,

the Subpart of this Part (i.e, Subpart U or W) to which each unit

is subject, including the name, telephone number, and account

number of the account representative for each such unit: and

8) Certification by the owner or operator of each unit that is the

subject of each proposed emission reduction proposal of his/her

acceptance of the terms of the proposal and certification that

the emission reductions specified in the proposal have been or

will be achieved.

b) The owner or operator of a source submitting an emission reduction

proposal must notify the Agency in writing within 30 days of any

event or circumstance that makes 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 under this Subpart, as follows:

1) Requesting withdrawal. To withdraw from participation under

this Subpart, the owner or operator of an emission reduction

unit shall submit to the Agency a written request to withdraw

from participation and to withdraw or revise the applicable

permit effective as of a specified date between (and not

including) September 30 and before May 1. The submission

shall be made no later than 90 days prior to 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 under this Section, for the control

period immediately before the withdrawal is to be effective, the

owner or operator must submit to 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
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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 after the

withdrawal takes effect.

4) Notification:

A) After the requirements for withdrawal under subsections

(a) and (b) of this Section are met, the Agency will revise

the permit indicating a specified effective date for the

withdrawal that is after the requirements in subsections

(a) and (b) of this Section have been met and that is prior

to May 1 or after September 30.

B) If the requirements for withdrawal under subsections (a)

and (b) of this Section are not met, the Agency will issue

a notification to the owner or operator of the emission

reduction source that the request to withdraw its permit

is denied. If the request to withdraw is denied, the

source shall remain subject to the requirements of its

approved emission reduction proposal and federally

enforceable permit conditions addressing the proposal

and the requirements of 'this Subpart.

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 request to withdraw, the owner or

operator of the source may submit another request to withdraw

in accordance with subsections (a) and (b) of this Section.

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 ---- ----
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a) The Agency shall notify the owner or operator submitting a NOx

emission reduction proposal in writing of its decision with respect to

the proposal within 90 days after receipt of such proposal and, if

applicable, of NOx emissions data to verify that the specified

reductions have occurred. The owner or operator of the emission

reduction source may extend the deadline for Agency action in

writing. If the Agency disapproves or conditionally approves a

proposal, this written notice shall include a statement of the specific

reasons for the disapproval or conditional approval of the proposal.

The following shall be considered a final Agency action for the

purposes of appeal: if the Agency fails to take action within such 90

day period, subject to any extension, or if the Agency disapproves a

proposal. If the Agency conditionally approves a proposal, the owner

or operator of the emission reduction source has 30 days to submit a

modified proposal addressing the specific items listed by the Agency.

If the owner and operator of the emission reduction source does not

submit a modified emission reduction proposal within such 30 day

period, the conditional approval shall be deemed to be a disapproval,

and shall be deemed to be a final action for purposes of appeal.

b) The NOx emissions reduction proposal will not be effective until:

1) After the owner or operator of the emission reduction source

has obtained or modified a permit with federally enforceable

conditions addressing the requirements of this Subpart; or

2) ~~If NOx emission reductions are being obtai";~d by the shut down

of an emission reduction unit, the owner or operator of the

emission reduction unit has either:

A) Obtained or modified a permit with federally enforceable

conditions addressing the requirements of this Subpart; or

B) Withdrawn the applicable permit and the Agency has:

i) Provided USEPA with a copy of the proposal and

notice of the Agency's proposed approval of the

emission reduction proposal, and USEPA has not

disapproved such proposal; and
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ii) Published notice and offered an opportunity to

comment, pursuant to 35 III. Adm. Code 252, on

such permit withdrawal, its proposed approval of

the emission reduction proposal for the shut down

of the emission reduction unit and the creditable

NOx emission reductions that will be created by

the shut down.

c) If the Agency approves the proposal, and subject to the provisions of

subsection (b) of this Section, the Agency shall submit an allocation to

USEPA for the creditable reductions created pursuant to the

requirements of this Subpart subject to the following:

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 of this Subpart continue to be

met;

2) The owner or operator of the 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 of this

Subpart, and obtained a permit containing federally enforceable

conditions addressing the requirements of this Subpart;

3) The allowances shall be issued by May 1 after the control

period in which the reduction has occurred, for use in any future

control period.

(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) If the NOx emission reductions are generated pursuant to Section 217..

815(a) of this 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 any test methods and procedures provided

in 40 CFR part 60 and approved by the Agency, or any other

method approved by the Agency when included as federally

enforceable conditions in a permit issued or revised pursuant to

this Subpart.

b) If the 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 prior to the control period

date that the emission reduction unit will commence NOx emission

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 of this

Subpart.

c) If the emission reduction unit's compliance with the NOx emission

reduction proposal is determined in accordance with subsection (a)(2)

of this Section, conducting an initial test 90 days prior to the date the

specified emission reductions will be obtained, or within 45 days of

the Agency's request for NOx emission reductions already obtained,

and notifying the Agency in writing of any test performed tocomply

with the requirements of this Subpart at least 30 days prior to the

test. The Agency may at any time 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 at the source subject to the NOx emission cap

in accordance with Sections 217.850 and 217.855 of this Subpart.
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e) The owner or operator of an emission reduction source shall, 120 days

prior to 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 at the source subject to the NOx emission cap a continuous

emission monitoring system (CEMS), or an alternative approved by the

Agency and included in a federally enforceable permit condition, for

measuring 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 by the 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 least two 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 of this 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 for the previous 30 day period of operation if the data

capture for such period is 95% or greater and the period of missing

data is equal to or less than 24 consecutive hours. If the data capture

for such previous 30 day period is less than 95% or the period of

missing data is greater than 24 consecutive hours, the data shall be

obtained by using the highest hourly average recorded during the

prevjoui 30 days of operation. ."'~

h) The CEMS shall be subject to 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, or the 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 subject to 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 of this

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 at the

source subject to 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 of this

Part.

S) Maintain records of the following information for each

operating day for each NOx emission unit subject to the

NOx emission cap:
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i) Calendar date:

ii) The average hourly NOx mass emission rate

expressed as Ib/hr:

iii) The control period total NOx mass emissions to

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 of the times when the pollutant

concentration exceeded full span of the CEMS:

vi) Description of any modifications to the CEMS that

could affect the ability of the CEMS to comply with

the Performance Specifications in 40 CFR 60,

Appendix B: and

vii) Results of daily CEMS drift tests 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 under this Subpart, shall submit a compliance

certification containing the information recorded under

subsection (a)(4)(B) of this Section. All compliance

certification reports shall be postmarked by November 1st

or the 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 of the following documents for a period of five (5) years

from the date the document is created. This period may be extended

for cause, at any time prior to 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 of the statements in the proposal for

each year the emission reduction source generates NOx

reductions under this Subpart and for five (5) years thereafter.

2) All emissions monitoring information required pursuant to this

Subpart: provided that to the extent that 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 under this

Subpart.

4) Copies of all documents used to complete any permit

application and supporting documents and any other submission

to demonstrate compliance with the requirements of this

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 pursuant to this Section and that has excess NOx

emissions in any control period for which NOx allowances have been

issued must:

1) For the first control period during which the emission reduction

source has excess NOx emissions, purchase NOx allowances in

an amount equal to two (2) times the excess NOx emissions in

accordance with the federal NOx Trading Program and surrender

the allowances to the Agency by December 31 following the

control period in which the emission reduction source had

excess emissions:
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2) For the 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 NOx Trading

Program and surrender the allowances to the Agency by

December 31 following the control period in which the emission

reduction source had excess emissions:

3) If the 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 pursuant to the

federal NOx Trading Program and surrender the allowances to

the Agency by December 31 following the control period in

which the emission reduction source had excess emissions. 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 under this Subpart.

b) All allowances surrendered to the Agency pursuant to subsections

(a)(1) through (a)(3) of this Section shall be retired to benefit air

quality.

c) Nothing in this Subpart limits the authority of the state or the federal

government to seek penalties and injunctive relief for any violation of

this Subpart or any permit condition. Nothing in this Subpart limits

the right of the state or the federal government or any person to

directly enforce against actions or omissions which constitute

violations of permits required by the Act or regulations promulgated

there under or the CAA or applicable federal environmental laws and

regulations.

(Source: Added at--- III. Reg. , effective ----- -----