reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 217 - NITROGEN OXIDES EMISSIONS › Subpart T - CEMENT KILNS › Section 217.404 - Testing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any owner or
				operator of a kiln that commenced operation prior to May 1, 2003, and using a
				low-NOx burner or mid-kiln firing system to demonstrate
				compliance pursuant to Section
				217.402(a)(1)
				of this Subpart must maintain and operate the device according to the
				manufacturer's specifications as approved by the Agency.
b) Any owner or operator of a kiln that
				commenced operation prior to May 1, 2003, and demonstrating compliance pursuant
				to Section
				217.402(a)(2),
				(a)(3)(C), or (a)(5) of this Subpart must
				complete an initial performance test between May 1, 2003, and May 30, 2004, and
				subsequent annual testing during each control period in which the kiln is
				operated. This testing must be consistent with the requirements of 40 CFR 60,
				Appendix A, Method 7, 7A, 7C, 7D, or 7E, incorporated by reference in Section
				217.104
				of this Part, or such alternate test method that has been approved by the
				Agency pursuant to Section
				217.402(a)(3)(C)
				 of this Subpart or the Board pursuant to
				Section
				217.402(a)(5)
				of this Subpart.
c) The owner or
				operator of a kiln that commences operation on or after May 1, 2003, must
				complete, as appropriate, an initial performance test within one year after
				initial startup and subsequent annual testing during each control period in
				which the kiln is operated. This testing must be consistent with the test
				methods listed in subsection (b) of this Section.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 217 - NITROGEN OXIDES EMISSIONS › Subpart T - CEMENT KILNS › Section 217.406 - Monitoring

Current through Register Vol. 48, No. 28, July 12, 2024
a) The owner or
				operator of a kiln subject to this Subpart must submit a complete monitoring
				plan addressing the applicable requirements of subsection (b) of this Section
				to the Agency and obtain approval of such plan by the Agency. The monitoring
				plan shall identify the operating conditions to be monitored and the records to
				be maintained under Section
				217.410 of this
				Subpart. For any kiln that commences operation on or before August 31, 2003,
				such plan shall be submitted on or before August 31, 2003. For any other kiln
				subject to this Subpart, such plan shall be submitted with the construction
				permit application for such kiln. Such plan will be effective only when
				included as federally enforceable conditions in a permit issued by the
				Agency.
b) The plan must:
1) Identify the specific operating conditions
				to be monitored and the correlation between the operating conditions and
				NOx emission rates;
2) Include the data and information that the
				owner or operator used to identify the correlation between
				NOx emission rates and these operating
				conditions;
3) Identify how the
				owner or operator will monitor these operating conditions on an hourly or other
				basis, as approved by the Agency, the quality assurance procedures or practices
				that will be employed to ensure that the data generated by monitoring these
				operating conditions will be representative and accurate, and the type and
				format of the records of these operating conditions that will be maintained by
				the owner or operator under Section
				217.410 of this
				Subpart;
4) If operating a
				low-NOx burner or mid-kiln firing system, the plan must
				include only monitoring the parameters indicated in the manufacturer's
				specifications and recommendations for the low-NOx
				burner or mid-kiln firing system as approved by the Agency; and
5) Notwithstanding the requirements of
				subsections (b)(1) and (b)(2) of this Section requiring the monitoring of
				operating parameters, if the owner or operator elects to monitor
				NOx emissions using a continuous emissions monitoring
				system (CEMS), the owner or operator must submit a monitoring plan subject to
				approval by the Agency that contains the applicable provisions of
				40 CFR
				60.13 and of Method 7E in Appendix A
				contained in 40 CFR 60, as incorporated by reference in Section
				217.104
				of this Part, and additional provisions regarding accuracy, data capture, and
				monitoring frequency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 217 - NITROGEN OXIDES EMISSIONS › Subpart T - CEMENT KILNS › Section 217.408 - Reporting

Current through Register Vol. 48, No. 28, July 12, 2024
a) By May 31, 2004,
				or within one year after initial startup, whichever occurs later, the owner or
				operator of a kiln subject to the requirements of this Subpart must submit to
				the Agency an initial compliance certification for each kiln subject to the
				requirements of Section
				217.402 of
				this Subpart. This certification must contain the following information as
				applicable:
1) The identity and type of each
				kiln subject to this Subpart, the name and address of the plant where the kiln
				is located, and the name and telephone number of the person responsible for
				demonstrating compliance with this Subpart;
2) A demonstration that each kiln is in
				compliance with Section
				217.402 of
				this Subpart, identifying the provision with which it is complying and is
				accompanied by a summary of the approved compliance method, e.g., performance
				test for the kiln and other supporting data being relied upon by the owner or
				operator;
3) If demonstrating
				compliance by use of a low-NOx burner or mid-kiln firing
				system pursuant to Section
				217.402(a)(1)
				of this Subpart, a copy of the manufacturer's recommended maintenance and
				schedule for maintenance as approved by the Agency;
4) If demonstrating compliance pursuant to
				Section
				217.402(a)(3)(C) or
				(a)(5) of this Subpart, the date on which the
				permit containing the emission reduction plan or SIP revision was received as
				federally enforceable conditions; and
5) If demonstrating compliance pursuant to
				Section
				217.402(a)(6)
				of this Subpart, the date of issuance and the identification of the permit
				authorizing, through federally enforceable conditions, participation in the
				federal NOx Trading Program.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 217 - NITROGEN OXIDES EMISSIONS › Subpart T - CEMENT KILNS › Section 217.410 - Recordkeeping

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any owner or
				operator of a cement kiln subject to this Subpart must produce and maintain
				records that include, but are not limited to:
1) Emissions in pounds of
				NOx per ton of clinker produced from each kiln subject
				to the requirements of Section
				217.402(a)(2), (a)(3)(C) or
				(a)(5) of this Subpart;
2) The date, time, and duration of any
				startup, shutdown, or malfunction in the operation of any cement kiln subject
				to this Subpart or any emissions monitoring equipment. The records shall
				include a description of the malfunction and maintenance activity;
3) If operating a
				low-NOx burner or mid-kiln firing system: the date, time
				and duration of any regularly scheduled maintenance, with a description of the
				activity, and tons of clinker produced from each kiln;
4) The results of any required performance
				testing;
5) Daily cement kiln
				clinker production in tons per day; and
6) The records of monitoring required by
				Section
				217.406 of this
				Subpart.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 217 - NITROGEN OXIDES EMISSIONS › Subpart U - NO[x] CONTROL AND TRADING PROGRAM FOR SPECIFIED NO[x] GENERATING UNITS › Section 217.450 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
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 96, consistent with the
				  provisions of this Subpart.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 217 - NITROGEN OXIDES EMISSIONS › Subpart U - NO[x] CONTROL AND TRADING PROGRAM FOR SPECIFIED NO[x] GENERATING UNITS › Section 217.451 - Sunset Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
Except for Sections
				  217.454(a) and
				  (b) and
				  217.456(c), (e)(1)(B)
				  through (D), and (e)(2), the provisions of
				  this Subpart U shall not apply for any control period in 2009 or thereafter.
				  Compliance for 2009 and after is required for these subsections. Noncompliance
				  with the provisions of this Subpart that occurred prior to 2009 is subject to
				  the applicable provisions of this Subpart.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 217 - NITROGEN OXIDES EMISSIONS › Subpart U - NO[x] CONTROL AND TRADING PROGRAM FOR SPECIFIED NO[x] GENERATING UNITS › Section 217.452 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 217 - NITROGEN OXIDES EMISSIONS › Subpart U - NO[x] CONTROL AND TRADING PROGRAM FOR SPECIFIED NO[x] GENERATING UNITS › Section 217.454 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Subpart
				applies to any fossil fuel-fired stationary boiler, combustion turbine, or
				combined cycle system, with a maximum design heat input greater than 250
				mmbtu/hr and that is:
1) A unit listed in
				Appendix E of this Subpart, irrespective of any subsequent changes in
				ownership, unit designation, or name of the unit; or
2) A unit not listed in Appendix E of this
				Subpart that:
A) At no time serves a generator
				producing electricity for sale;
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 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;
C) Is part of any source, as that term is
				defined in 35 Ill. Adm. Code Section
				211.6130, listed in
				Appendix E of this Part; or
D) Is a
				unit subject to Subpart W of this Part (excluding any unit listed in Appendix F
				of this Part, regardless of any change in ownership or any change of operator),
				and the owner or operator makes a permanent election, at the time of applying
				for a budget permit pursuant to this Part, to subject the unit to the
				requirements of this Subpart rather than Subpart W of this Part. Any unit for
				which such an election is made will not receive an allocation from the Subpart
				U or Subpart W NOx Trading Budget.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 217 - NITROGEN OXIDES EMISSIONS › Subpart U - NO[x] CONTROL AND TRADING PROGRAM FOR SPECIFIED NO[x] GENERATING UNITS › Section 217.456 - Compliance Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
All budget units subject to the requirements of this Subpart
				  must comply with the following:
a) The
				requirements of this Subpart and 40 CFR 96, excluding
				40
				CFR 96.4(b),
				96.55(c)
				and subparts C, E, and I, as incorporated by reference in Section
				217.104
				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.
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
				217.458(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
				217.458
				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.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 217 - NITROGEN OXIDES EMISSIONS › Subpart U - NO[x] CONTROL AND TRADING PROGRAM FOR SPECIFIED NO[x] GENERATING UNITS › Section 217.458 - Permitting Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Budget
				permit 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.
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 Subpart on or before November 1, 2003.
5) For any budget unit subject to this
				Subpart that commenced operation before August 1, 2003, and for which a CAAPP
				permit is required pursuant to Section 39.5 of the Act, the owner or operator
				of such budget unit must submit a budget permit application meeting the
				requirements of this Subpart on or before 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
				November 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 Ill. 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
				Subpart.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 217 - NITROGEN OXIDES EMISSIONS › Subpart U - NO[x] CONTROL AND TRADING PROGRAM FOR SPECIFIED NO[x] GENERATING UNITS › Section 217.460 - Subpart U NO[x] Trading Budget

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The initial NOxallowances available for allocation for
				each control period (the Subpart U NOx trading budget)
				for budget units subject to the provisions of this Subpart shall be 4,882 tons
				per control period, subject to adjustment in accordance with subsections (b),
				(c) and (d) of this Section, and subject to the new source set-aside for budget
				units subject to this Subpart, as set forth in Sections
				217.462
				and
				217.464
				of this Subpart. The Subpart U 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 for opt-in units in Sections
				217.474 and
				217.476 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
				Sections
				217.454(c)
				and
				217.472
				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.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 217 - NITROGEN OXIDES EMISSIONS › Subpart U - NO[x] CONTROL AND TRADING PROGRAM FOR SPECIFIED NO[x] GENERATING UNITS › Section 217.462 - Methodology for Obtaining NO[x] Allocations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Appendix E of this Part identifies the
				sources with existing budget units subject to this subpart and the number of
				NOx allowances allocations that each such budget unit is
				eligible to receive each control period, subject to adjustment in accordance
				with Section
				217.460
				of this Subpart and for transfers made in accordance with subsection (b) of
				this section. Each named budget unit's allocation will be adjusted
				proportionally based on the adjusted Subpart U NOx
				Trading Budget as provided by Section
				217.460
				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 5 of Appendix E of
				this Part, subject to adjustment in accordance with this Subpart, to another
				budget unit subject to this Subpart, or to a budget unit subject to Subpart W
				of this Part. Such transfer will be effective by submitting a written 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 as the
				difference between Column 4 and Column 5 of Appendix E of this Part.
c) Subject to adjustment in accordance with
				this Subpart, or 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.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 217 - NITROGEN OXIDES EMISSIONS › Subpart U - NO[x] CONTROL AND TRADING PROGRAM FOR SPECIFIED NO[x] GENERATING UNITS › Section 217.464 - Methodology for Determining NO[x] Allowances from the New Source Set-Aside

Current through Register Vol. 48, No. 28, July 12, 2024
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 lbs/mmbtu or the permitted
				NOx emission rate, but not less than 0.055
				lbs/mmbtu.
b) The general equation
				for determining allowances is:
A = HI x ER 2000
Where HI
=
heat input (in mmbtu/control period) as determined in
							 accordance with subsection © of this Section.
Where ER
=
The NOx emission rate in
							 lbs/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 lbs/ton:
1) For "new" budget units
				subject to this Subpart that have seasonal heat input from at least 3 control
				periods prior to the allocation year, the average of the budget unit's 2
				highest seasonal heat inputs from the control periods 1 to 3 years prior to the
				allocation year;
2) For "new"
				budget units subject to this Subpart that have seasonal heat input from only 2
				control periods prior to the allocation year, the average of the budget unit's
				seasonal heat inputs from the control periods 1 and 2 years prior to the
				allocation year;
3) For "new"
				budget units subject to this Subpart that have seasonal heat input from only
				the control period prior to the allocation year, the heat input from that
				control period; or
4) For "new"
				budget units subject to this Subpart that have not operated for at least 77
				days of the control period prior to the allocation year, the budget unit's
				maximum design heat input for the control period as designated in the
				construction permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 217 - NITROGEN OXIDES EMISSIONS › Subpart U - NO[x] CONTROL AND TRADING PROGRAM FOR SPECIFIED NO[x] GENERATING UNITS › Section 217.466 - NO[x] Allocations Procedure for Subpart U Budget Units

Current through Register Vol. 48, No. 28, July 12, 2024
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
				  Section
				  217.460
				  of this Subpart, subject to adjustment as provided in this Subpart. These
				  allocations will be issued as provided in subsections (a) and (b) of this
				  Section, as follows:
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 3-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
				217.468
				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 in Appendix E of this Part to the extent a whole allowance
				may be allocated to any such owner or operator. The Agency will make such
				allocation by April 15 of each year. If there are insufficient allowances to
				allocate a whole allowance to any such owner or operator of a budget unit
				listed in Appendix E of this Part, such allowances shall be retained by the
				Agency in the new source set-aside. Any such allowances retained in the new
				source set-aside shall be accumulated in the new source set-aside and may
				either:
1) Be available for allocation to new
				budget units for future control periods, subject to the provisions of Section
				217.468
				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 existing budget units listed in Appendix
				E of this Part on a pro-rata basis, such accumulated whole allowances shall be
				allocated pro-rata to such owner or operators.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 217 - NITROGEN OXIDES EMISSIONS › Subpart U - NO[x] CONTROL AND TRADING PROGRAM FOR SPECIFIED NO[x] GENERATING UNITS › Section 217.472 - Low-Emitter Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Starting with the effective date of the permit referred to in
				  Section
				  217.454(c),
				  the budget unit electing low-emitter status shall be subject only to the
				  requirements of this Section.
a) For
				each control period the owner or operator elects low-emitter status, the
				federally enforceable permit conditions must:
1) Restrict the unit to burning only natural
				gas, fuel oil, or natural gas and fuel oil;
2) Limit the unit's potential
				NOx mass emissions for the control period to 25 tons or
				less;
3) 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;
4) Require that the unit's potential
				NOx mass emissions shall be calculated by using the
				monitoring provisions of 40 CFR 75, or if the unit does not rely on these
				monitoring provisions, as follows:
A) Select
				the applicable default NOx emission rate: 0.7 lbs/mmbtu
				for combustion turbines burning natural gas exclusively during the control
				period; 1.2 lbs/mmbtu for combustion turbines burning any fuel oil during the
				control period;
				1.5 lbs/mmbtu for boilers
				burning natural gas exclusively during the control period; or 2 lbs/mmbtu for
				boilers burning any fuel oil during the control period.
B) Multiply the default
				NOx emission rate under subsection (a)(4)(A) 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 or operator demonstrates that the 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;
5) Require
				that for 5 years at the source that includes the unit, records demonstrating
				that the operating hours restriction, the fuel use restriction and the other
				requirements of the permit related to these restrictions were met;
				and
6) Require that the owner or
				operator of the unit report to the Agency for each control period the unit's
				hours of operation (treating any partial hour of operation as a 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.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 217 - NITROGEN OXIDES EMISSIONS › Subpart U - NO[x] CONTROL AND TRADING PROGRAM FOR SPECIFIED NO[x] GENERATING UNITS › Section 217.474 - Opt-In Units

Current through Register Vol. 48, No. 28, July 12, 2024
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 an opt-in budget unit if it:
1) 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
5) Is not covered by the low-emitter
				exemption under Section
				217.454(c)
				of this Subpart.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 217 - NITROGEN OXIDES EMISSIONS › Subpart U - NO[x] CONTROL AND TRADING PROGRAM FOR SPECIFIED NO[x] GENERATING UNITS › Section 217.476 - Opt-In Process

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency will issue or deny a budget permit for an opt-in
				  unit in accordance with Section
				  217.458
				  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% and during which the unit is in full
				compliance with any applicable State or federal emissions or emissions-related
				requirements.
c) Based on the
				information monitored and reported under subsection (b) 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 lbs) for the control period
				divided by the unit's baseline heat rate.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 217 - NITROGEN OXIDES EMISSIONS › Subpart U - NO[x] CONTROL AND TRADING PROGRAM FOR SPECIFIED NO[x] GENERATING UNITS › Section 217.478 - Opt-In Budget Units: Withdrawal from the NO[x] Trading Program

Current through Register Vol. 48, No. 28, July 12, 2024
a) Requesting
				withdrawal: To withdraw from the NOx Trading Program,
				the account representative of an opt-in budget unit shall submit to the Agency
				a request to withdraw from the NOx Trading Program and
				to withdraw the budget permit effective as of a specified date between (and not
				including) September 30 and May 1. The submission shall be made no later than
				90 days prior to the 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 the budget source where the opt-in budget unit is located, allowances equal
				in number to any allowances allocated to that unit under Section
				217.782
				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.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 217 - NITROGEN OXIDES EMISSIONS › Subpart U - NO[x] CONTROL AND TRADING PROGRAM FOR SPECIFIED NO[x] GENERATING UNITS › Section 217.480 - Opt-In Units: Change in Regulatory Status

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notification: When an opt-in unit becomes
				an opt-in budget unit under Section
				217.476 of this
				Subpart, the owner or operator shall notify the Agency and USEPA in writing of
				such change in the opt-in unit's regulatory status within 30 days of such
				change.
b) Any permit application
				that provides for a change in the regulatory status of a unit to an opt-in
				budget unit pursuant to Section
				217.474(d)(1)(B)
				 of this Subpart and included in a budget
				permit, is effective on the date on which such opt-in unit becomes an opt-in
				budget unit under Section
				217.454 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
				217.482
				of this Subpart for any control period after the last control period during
				which the unit's budget permit was effective; and
B) If the effective date of any budget permit
				under subsection (b) of this Section is during a control period, the allowances
				allocated to the opt-in budget unit (as an opt-in unit) under Section
				217.482
				of this Subpart for the control period multiplied by the ratio of the number of
				days in the control period, starting with the effective date of the budget
				permit under subsection (b) of this Section, divided by the total number of
				days in the control period.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 217 - NITROGEN OXIDES EMISSIONS › Subpart U - NO[x] CONTROL AND TRADING PROGRAM FOR SPECIFIED NO[x] GENERATING UNITS › Section 217.482 - Allowance Allocations to Opt-In Budget Units

Current through Register Vol. 48, No. 28, July 12, 2024
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 for which the budget permit is in
				effect and 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.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 217 - NITROGEN OXIDES EMISSIONS › Subpart V - ELECTRIC POWER GENERATION › Section 217.521 - Lake of Egypt Power Plant

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				standard for nitrogen oxides of Section
				217.121(d)
				does not apply when solid fossil fuel containing 25 percent by weight or more
				of coal refuse is burned in Southern Illinois Power Cooperative's Unit No. 4 at
				its Lake of Egypt Power Plant.
b)
				The standard for nitrogen oxides of Section
				217.121(e)
				does not apply when solid fossil fuel containing 25 percent by weight or more
				of coal refuse is burned in combination with gaseous, liquid or other solid
				fossil fuel in Southern Illinois Power Cooperative's Unit No. 4 at its Lake of
				Egypt Power Plant.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 217 - NITROGEN OXIDES EMISSIONS › Subpart V - ELECTRIC POWER GENERATION › Section 217.700 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Subpart is to control the emissions of
				  nitrogen oxides (NOx) from electrical generating units
				  (EGUs) during the ozone control period (for purposes of Subpart V, the ozone
				  control period is May 1 through September 30 of each year, beginning in 2003),
				  by limiting the emissions of NOx from EGUs to no more
				  than 0.25 lbs/mmbtu of actual heat input during each ozone control
				  period.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 217 - NITROGEN OXIDES EMISSIONS › Subpart V - ELECTRIC POWER GENERATION › Section 217.702 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
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, subsection or clause not found invalid.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 217 - NITROGEN OXIDES EMISSIONS › Subpart V - ELECTRIC POWER GENERATION › Section 217.704 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
The following fossil fuel-fired stationary boilers,
				  combustion turbines or combined cycle systems are electrical generating units
				  (EGUs) and shall be subject to this Subpart on and after May 1, 2003:
a) Any unit serving a generator that has a
				nameplate capacity greater than 25 MWe and produces electricity for sale,
				excluding those units listed in Appendix D of this Part and any new unit at a
				source listed in Appendix D of this Part.
b) Any unit with a maximum design heat input
				that is greater than 250 mmbtu/hr that commences operation on or after January
				1, 1999, serving at any time a generator that has a nameplate capacity of 25
				MWe or less and has the potential to use more than 50% of the potential
				electrical output capacity of the unit. Fifty percent of a unit's potential
				electrical output capacity shall be determined by multiplying the unit's
				maximum design heat input by 0.0488 MWe/mmbtu. If the size of the generator is
				greater than this calculated number, the unit is an EGU subject to the
				provisions of this Subpart.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 217 - NITROGEN OXIDES EMISSIONS › Subpart V - ELECTRIC POWER GENERATION › Section 217.706 - Emission Limitations

Current through Register Vol. 48, No. 28, July 12, 2024
a) On or
				after May 1, 2003, no owner or operator subject to this Subpart shall cause or
				allow the emissions of NOx into the atmosphere from any
				EGU to exceed 0.25 lbs/mmbtu of actual heat input during each ozone control
				period, based on a control period average for that unit.
b) Notwithstanding the emission limitation in
				subsection (a) of this Section, any EGU subject to a more stringent
				NOx emission limitation pursuant to any State or federal
				statute, including the Act, the Clean Air Act, or any regulations promulgated
				thereunder, shall comply with both the requirements of this Subpart and that
				more stringent emission limitation.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 217 - NITROGEN OXIDES EMISSIONS › Subpart V - ELECTRIC POWER GENERATION › Section 217.708 - NO[x] Averaging

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Notwithstanding Section
				217.706(a)
				of this Subpart, the owners or operators of EGUs listed in Appendix F of this
				Part and the owner or operator of Soyland Power may elect to demonstrate
				compliance with this Subpart by averaging for the ozone control period the
				NOx emission rates with any EGU listed in Appendix F or
				any EGU at Soyland Power's Alsey Illinois facility that commenced commercial
				operation on or before January 1, 2000.
b) The average NOx
				emission rate for all EGUs being averaged pursuant to this Section must not
				exceed 0.25 lbs/mmbtu and shall be determined as follows:
ERavg
=
n
3
i=1
(HIi x
							 ERi)
n
3
i=1
HIi
Where:
ERavg
=
average emission rate in lbs/mmbtu of all EGUs in
							 averaging demonstration
HIi
=
heat input for the ozone control period of EGU i, in
							 mmbtu, as specified in the NOx averaging
							 demonstration
ERi
=
actual NOx emission rate of
							 EGU i, in lbs/mmbtu, as specified in the NOx averaging
							 demonstration
n
=
number of EGUs that are averaging
c)
				Averaging under this Subpart must be authorized through federally enforceable
				permit conditions for such EGU.
d)
				An EGU may be included in only one NOx averaging
				demonstration during an ozone control period.
e) Compliance by averaging for each ozone
				control period must be demonstrated by November 30 following each ozone control
				period.
f) If averaging is used to
				demonstrate compliance with this Subpart, the effect of a failure to
				demonstrate such compliance shall be that the compliance status of each EGU
				shall be determined pursuant to Section
				217.706(a)
				as if the NOx emission rates of such EGUs were not
				averaged.
g) The owner or operator
				of any EGU that elects to participate in an averaging demonstration to
				demonstrate compliance with this Subpart cannot average with any other EGU for
				which the owner or operator of such EGU does not maintain the required records,
				data, and reports, or does not submit copies of such records, data, or reports
				to the Agency upon request.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 217 - NITROGEN OXIDES EMISSIONS › Subpart V - ELECTRIC POWER GENERATION › Section 217.710 - Monitoring

Current through Register Vol. 48, No. 28, July 12, 2024
a) The owner or
				operator of an EGU subject to this Subpart shall install, calibrate, maintain
				and operate continuous emissions monitoring systems (CEMS) for
				NOx that meet the requirements of 40 CFR 75, subpart
				B.
b) Notwithstanding subsection
				(a), the owner or operator of a gas-fired peaking unit or oil-fired peaking
				unit as defined in
				40
				CFR 72.2 may determine
				NOx emissions in accordance with the emissions
				estimation protocol of 40 CFR 75, subpart E.
c) Notwithstanding subsection (a), the owner
				or operator of a combustion turbine that operates less than 350 hour per ozone
				control period may determine the heat input and NOx
				emissions of the turbine as follows:
1) Heat
				input shall be determined from the metered fuel usage to the turbine or the
				calculated heat input determined as the product of the turbine's maximum hourly
				heat input and hours of operation as recorded by operating instrumentation on
				the turbine;
2)
				NOx emissions shall be determined as the product of the
				heat input, as determined above, and the appropriate default
				NOx emission factors below:
0.7 lbs/mmbtu - Natural gas
1.2 lbs/mmbtu - Fuel oil
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 217 - NITROGEN OXIDES EMISSIONS › Subpart V - ELECTRIC POWER GENERATION › Section 217.712 - Reporting and Recordkeeping

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator of an EGU subject to the requirements
				  of this Subpart shall:
a) Comply with
				the recordkeeping and reporting requirements of 40 CFR 75 applicable to
				NOx emissions during the ozone control period,
				including, but not limited to, 40 CFR 75.54(b) and (d), incorporated by
				reference in Section
				217.104
				of this Part.
b) Notwithstanding
				subsection (a), the owner or operator of a combustion turbine for which heat
				input and NOx emissions are determined pursuant to
				subsection
				217.710(c)
				of this Subpart shall comply with the following recordkeeping and reporting
				requirements:
1) Maintain records of the heat
				input and NOx emissions of the turbine as determined in
				accordance with Section
				217.710(c)
				of this Subpart, and records of metered fuel use or operating hours used to
				determine heat input; and
2)
				Annually report the heat input and NOx emissions of the
				turbine as determined in accordance with Section
				217.710(c)
				of this Subpart, for each ozone control period, by November 30 of each
				year.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 217 - NITROGEN OXIDES EMISSIONS › Subpart W - NO[x] TRADING PROGRAM FOR ELECTRICAL GENERATING UNITS › Section 217.750 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Subpart is to control the emissions of
				  nitrogen oxides (NOx) during the ozone control period
				  (May 1 through September 30 of each year, except that in 2004, "control period"
				  means May 31 through September 30) from electrical generating units (EGUs) by
				  determining source allocations and implementing the NOx
				  Trading Program pursuant to 40 CFR 96, as authorized by Section 9.9 of the Act
				  [415 ILCS
				  5/9.9 ].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 217 - NITROGEN OXIDES EMISSIONS › Subpart W - NO[x] TRADING PROGRAM FOR ELECTRICAL GENERATING UNITS › Section 217.751 - Sunset Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
The provisions of this Subpart W shall not apply for any
				  control period in 2009 or thereafter. Noncompliance with the provisions of this
				  Subpart that occurred prior to 2009 is subject to the
applicable provisions of this Subpart.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 217 - NITROGEN OXIDES EMISSIONS › Subpart W - NO[x] TRADING PROGRAM FOR ELECTRICAL GENERATING UNITS › Section 217.752 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
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.