First draft 10/19/00 (McF, BAB)

PART 211DEFINITIONS AND GENERAL PROVISIONS

Section 211.6130 Source
TITLE 35: ENVIRONMENTAL PROTECTIONSUBTITLE B: AIR POLLUTIONCHAPTER I: POLLUTION CONTROL BOARDSUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS FORSTATIONARY SOURCES
SUBPART A: GENERAL PROVISIONS
Section217.100 Scope And Organization217.101 Measurement Methods217.102 Abbreviations And Units217.103 Definitions217.104 Incorporations By Reference
a) Appendix E of this Part 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 217.660 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.
Section 217.815 Methods To Obtain NOX Emission Reductions

ILLINOIS POLLUTION CONTROL BOARD

October 19, 2000

IN THE MATTER OF:

PROPOSED NEW 35 ILL. ADM. CODE 217.SUBPART U, NO_x CONTROL AND TRADING PROGRAM FOR SPECIFIED NO_x GENERATING UNITS, SUBPART X, VOLUNTARY NO_x EMISSIONS REDUCTION PROGRAM, AND AMENDMENTS TO 35 ILL. ADM. CODE 211

)

R01-17

(Rulemaking – Air)

Proposed Rule. First Notice.

ORDER OF THE BOARD (by M. McFawn):

On October 16, 2000, the Illinois Environmental Protection Agency (Agency) filed a proposal to amend 35 Ill. Adm. Code 211 and 217 of the Illinois air regulations. This proposal was filed pursuant to the fast track rulemaking provisions of Section 28.5 of the Environmental Protection Act (Act) 414 ILCS 5/28.5 (1998). This order, which is supported by a separately issued Board opinion adopted today, directs publication of the proposed amendments in the Illinois Register. The opinion describes the fast track rulemaking process and details statutory rulemaking milestones in the proceeding.

The Board directs the Clerk to cause the filing of the following rules with the Secretary of State for first-notice publication in the Illinois Register.

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 Incorporations by Reference
211.102 Abbreviations and Conversion Factors

SUBPART B: DEFINITIONS

Section
211.121
Other Definitions
211.122
Definitions (Repealed)
211.130
Accelacota
211.150
Accumulator
211.170
Acid Gases
211.210
Actual Heat Input
211.230
Adhesive
211.240
Adhesion Promoter
211.250
Aeration
211.270
Aerosol Can Filling Line
211.290
Afterburner
211.310
Air Contaminant
211.330
Air Dried Coatings
211.350
Air Oxidation Process
211.370
Air Pollutant
211.390
Air Pollution
211.410
Air Pollution Control Equipment
211.430
Air Suspension Coater/Dryer
211.450
Airless Spray
211.470
Air Assisted Airless Spray
211.474
Alcohol
211.484
Animal
211.485
Animal Pathological Waste
211.490
Annual Grain Through-Put
211.495
Anti-Glare/Safety Coating
211.510
Application Area
211.530
Architectural Coating
211.550
As Applied
211.560
As-Applied Fountain Solution
211.570
Asphalt
211.590
Asphalt Prime Coat
211.610
Automobile
211.630
Automobile or Light-Duty Truck Assembly Source or Automobile or
	Light-Duty Truck Manufacturing Plant
211.650
Automobile or Light-Duty Truck Refinishing
211.660
Automotive/Transportation Plastic Parts
211.670
Baked Coatings
211.680
Bakery Oven
211.685
Basecoat/Clearcoat System
211.690
Batch Loading
211.695
Batch Operation
211.696
Batch Process Train
211.710
Bead-Dipping
211.730
Binders
211.750
British Thermal Unit
211.770
Brush or Wipe Coating
211.790
Bulk Gasoline Plant
211.810
Bulk Gasoline Terminal
211.820
Business Machine Plastic Parts
211.830
Can
211.850
Can Coating
211.870
Can Coating Line
211.890
Capture
211.910
Capture Device
211.930
Capture Efficiency
211.950
Capture System
211.970
Certified Investigation
211.980
Chemical Manufacturing Process Unit
211.990
Choke Loading
211.1010
Clean Air Act
211.1050
Cleaning and Separating Operation
211.1070
Cleaning Materials
211.1090
Clear Coating
211.1110
Clear Topcoat
211.1130
Closed Purge System
211.1150
Closed Vent System
211.1170
Coal Refuse
211.1190
Coating
211.1210
Coating Applicator
211.1230
Coating Line
211.1250
Coating Plant
211.1270
Coil Coating
211.1290
Coil Coating Line
211.1310
Cold Cleaning
211.1330
Complete Combustion
211.1350
Component
211.1370
Concrete Curing Compounds
211.1390
Concentrated Nitric Acid Manufacturing Process
211.1410
Condensate
211.1430
Condensible PM-10
211.1465
Continuous Automatic Stoking
211.1467
Continuous Coater
211.1470
Continuous Process
211.1490
Control Device
211.1510
Control Device Efficiency
211.1520
Conventional Air Spray
211.1530
Conventional Soybean Crushing Source
211.1550
Conveyorized Degreasing
211.1570
Crude Oil
211.1590
Crude Oil Gathering
211.1610
Crushing
211.1630
Custody Transfer
211.1650
Cutback Asphalt
211.1670
Daily-Weighted Average VOM Content
211.1690
Day
211.1710
Degreaser
211.1730
Delivery Vessel
211.1750
Dip Coating
211.1770
Distillate Fuel Oil
211.1780
Distillation Unit
211.1790
Drum
211.1810
Dry Cleaning Operation or Dry Cleaning Facility
211.1830
Dump-Pit Area
211.1850
Effective Grate Area
211.1870
Effluent Water Separator
211.1875
Elastomeric Materials
211.1880
Electromagnetic Interference/Radio Frequency (EMI/RFI) Shielding
	Coatings
211.1885
Electronic Component
211.1890
Electrostatic Bell or Disc Spray
211.1900
Electrostatic Prep Coat
211.1910
Electrostatic Spray
211.1920
Emergency or Standby Unit
211.1930
Emission Rate
211.1950
Emission Unit
211.1970
Enamel
211.1990
Enclose
211.2010
End Sealing Compound Coat
211.2030
Enhanced Under-the-Cup Fill
211.2050
Ethanol Blend Gasoline
211.2070
Excess Air
211.2090
Excessive Release
211.2110
Existing Grain-Drying Operation (Repealed)
211.2130
Existing Grain-Handling Operation (Repealed)
211.2150
Exterior Base Coat
211.2170
Exterior End Coat
211.2190
External Floating Roof
211.2210
Extreme Performance Coating
211.2230
Fabric Coating
211.2250
Fabric Coating Line
211.2270
Federally Enforceable Limitations and Conditions
211.2285
Feed Mill
211.2290
Fermentation Time
211.2300
Fill
211.2310
Final Repair Coat
211.2330
Firebox
211.2350
Fixed-Roof Tank
211.2360
Flexible Coating
211.2365
Flexible Operating Unit
211.2370
Flexographic Printing
211.2390
Flexographic Printing Line
211.2410
Floating Roof
211.2430
Fountain Solution
211.2450
Freeboard Height
211.2470
Fuel Combustion Emission Unit or Fuel Combustion Emission Source
211.2490
Fugitive Particulate Matter
211.2510
Full Operating Flowrate
211.2530
Gas Service
211.2550
Gas/Gas Method
211.2570
Gasoline
211.2590
Gasoline Dispensing Operation or Gasoline Dispensing Facility
211.2610
Gel Coat
211.2630
Gloss Reducers
211.2650
Grain
211.2670
Grain-Drying Operation
211.2690
Grain-Handling and Conditioning Operation
211.2710
Grain-Handling Operation
211.2730
Green-Tire Spraying
211.2750
Green Tires
211.2770
Gross Heating Value
211.2790
Gross Vehicle Weight Rating
211.2810
Heated Airless Spray
211.2830
Heatset
211.2850
Heatset Web Offset Lithographic Printing Line
211.2870
Heavy Liquid
211.2890
Heavy Metals
211.2910
Heavy Off-Highway Vehicle Products
211.2930
Heavy Off-Highway Vehicle Products Coating
211.2950
Heavy Off-Highway Vehicle Products Coating Line
211.2970
High Temperature Aluminum Coating
211.2990
High Volume Low Pressure (HVLP) Spray
211.3010
Hood
211.3030
Hot Well
211.3050
Housekeeping Practices
211.3070
Incinerator
211.3090
Indirect Heat Transfer
211.3110
Ink
211.3130
In-Process Tank
211.3150
In-Situ Sampling Systems
211.3170
Interior Body Spray Coat
211.3190
Internal-Floating Roof
211.3210
Internal Transferring Area
211.3230
Lacquers
211.3250
Large Appliance
211.3270
Large Appliance Coating
211.3290
Large Appliance Coating Line
211.3310
Light Liquid
211.3330
Light-Duty Truck
211.3350
Light Oil
211.3370
Liquid/Gas Method
211.3390
Liquid-Mounted Seal
211.3410
Liquid Service
211.3430
Liquids Dripping
211.3450
Lithographic Printing Line
211.3470
Load-Out Area
211.3480
Loading Event
211.3490
Low Solvent Coating
211.3500
Lubricating Oil
211.3510
Magnet Wire
211.3530
Magnet Wire Coating
211.3550
Magnet Wire Coating Line
211.3570
Major Dump Pit
211.3590
Major Metropolitan Area (MMA)
211.3610
Major Population Area (MPA)
211.3620
Manually Operated Equipment
211.3630
Manufacturing Process
211.3650
Marine Terminal
211.3660
Marine Vessel
211.3670
Material Recovery Section
211.3690
Maximum Theoretical Emissions
211.3695
Maximum True Vapor Pressure
211.3710
Metal Furniture
211.3730
Metal Furniture Coating
211.3750
Metal Furniture Coating Line
211.3770
Metallic Shoe-Type Seal
211.3790
Miscellaneous Fabricated Product Manufacturing Process
211.3810
Miscellaneous Formulation Manufacturing Process
211.3830
Miscellaneous Metal Parts and Products
211.3850
Miscellaneous Metal Parts and Products Coating
211.3870
Miscellaneous Metal Parts or Products Coating Line
211.3890
Miscellaneous Organic Chemical Manufacturing Process
211.3910
Mixing Operation
211.3915
Mobile Equipment
211.3930
Monitor
211.3950
Monomer
211.3960
Motor Vehicles
211.3965
Motor Vehicle Refinishing
211.3970
Multiple Package Coating
211.3990
New Grain-Drying Operation (Repealed)
211.4010
New Grain-Handling Operation (Repealed)
211.4030
No Detectable Volatile Organic Material Emissions
211.4050
Non-Contact Process Water Cooling Tower
211.4055
Non-Flexible Coating
211.4065
Non-Heatset
211.4067
NO_x Trading Program
211.4070
Offset
211.4090
One Hundred Percent Acid
211.4110
One-Turn Storage Space
211.4130
Opacity
211.4150
Opaque Stains
211.4170
Open Top Vapor Degreasing
211.4190
Open-Ended Valve
211.4210
Operator of a Gasoline Dispensing Operation or Operator of a Gasoline
	Dispensing Facility
211.4230
Organic Compound
211.4250
Organic Material and Organic Materials
211.4260
Organic Solvent
211.4270
Organic Vapor
211.4290
Oven
211.4310
Overall Control
211.4330
Overvarnish
211.4350
Owner of a Gasoline Dispensing Operation or Owner of a Gasoline
	Dispensing Facility
211.4370
Owner or Operator
211.4390
Packaging Rotogravure Printing
211.4410
Packaging Rotogravure Printing Line
211.4430
Pail
211.4450
Paint Manufacturing Source or Paint Manufacturing Plant
211.4470
Paper Coating
211.4490
Paper Coating Line
211.4510
Particulate Matter
211.4530
Parts Per Million (Volume) or PPM (Vol)
211.4550
Person
211.4590
Petroleum
211.4610
Petroleum Liquid
211.4630
Petroleum Refinery
211.4650
Pharmaceutical
211.4670
Pharmaceutical Coating Operation
211.4690
Photochemically Reactive Material
211.4710
Pigmented Coatings
211.4730
Plant
211.4740
Plastic Part
211.4750
Plasticizers
211.4770
PM-10
211.4790
Pneumatic Rubber Tire Manufacture
211.4810
Polybasic Organic Acid Partial Oxidation Manufacturing Process
211.4830
Polyester Resin Material(s)
211.4850
Polyester Resin Products Manufacturing Process
211.4870
Polystyrene Plant
211.4890
Polystyrene Resin
211.4910
Portable Grain-Handling Equipment
211.4930
Portland Cement Manufacturing Process Emission Source
211.4950
Portland Cement Process or Portland Cement Manufacturing Plant
211.4970
Potential to Emit
211.4990
Power Driven Fastener Coating
211.5010
Precoat
211.5030
Pressure Release
211.5050
Pressure Tank
211.5060
Pressure/Vacuum Relief Valve
211.5061
Pretreatment Wash Primer
211.5065
Primary Product
211.5070
Prime Coat
211.5080
Primer Sealer
211.5090
Primer Surfacer Coat
211.5110
Primer Surfacer Operation
211.5130
Primers
211.5150
Printing
211.5170
Printing Line
211.5185
Process Emission Source
211.5190
Process Emission Unit
211.5210
Process Unit
211.5230
Process Unit Shutdown
211.5245
Process Vent
211.5250
Process Weight Rate
211.5270
Production Equipment Exhaust System
211.5310
Publication Rotogravure Printing Line
211.5330
Purged Process Fluid
211.5340
Rated Heat Input Capacity
211.5350
Reactor
211.5370
Reasonably Available Control Technology (RACT)
211.5390
Reclamation System
211.5410
Refiner
211.5430
Refinery Fuel Gas
211.5450
Refinery Fuel Gas System
211.5470
Refinery Unit or Refinery Process Unit
211.5480
Reflective Argent Coating
211.5490
Refrigerated Condenser
211.5500
Regulated Air Pollutant
211.5510
Reid Vapor Pressure
211.5530
Repair
211.5550
Repair Coat
211.5570
Repaired
211.5590
Residual Fuel Oil
211.5600
Resist Coat
211.5610
Restricted Area
211.5630
Retail Outlet
211.5650
Ringelmann Chart
211.5670
Roadway
211.5690
Roll Coater
211.5710
Roll Coating
211.5730
Roll Printer
211.5750
Roll Printing
211.5770
Rotogravure Printing
211.5790
Rotogravure Printing Line
211.5810
Safety Relief Valve
211.5830
Sandblasting
211.5850
Sanding Sealers
211.5870
Screening
211.5890
Sealer
211.5910
Semi-Transparent Stains
211.5930
Sensor
211.5950
Set of Safety Relief Valves
211.5970
Sheet Basecoat
211.5980
Sheet-Fed
211.5990
Shotblasting
211.6010
Side-Seam Spray Coat
211.6025
Single Unit Operation
211.6030
Smoke
211.6050
Smokeless Flare
211.6060
Soft Coat
211.6070
Solvent
211.6090
Solvent Cleaning
211.6110
Solvent Recovery System
211.6130
Source
211.6140
Specialty Coatings
211.6145
Specialty Coatings for Motor Vehicles
211.6150
Specialty High Gloss Catalyzed Coating
211.6170
Specialty Leather
211.6190
Specialty Soybean Crushing Source
211.6210
Splash Loading
211.6230
Stack
211.6250
Stain Coating
211.6270
Standard Conditions
211.6290
Standard Cubic Foot (scf)
211.6310
Start-Up
211.6330
Stationary Emission Source
211.6350
Stationary Emission Unit
211.6355
Stationary Gas Turbine
211.6360
Stationary Reciprocating Internal Combustion Engine
211.6370
Stationary Source
211.6390
Stationary Storage Tank
211.6400
Stencil Coat
211.6410
Storage Tank or Storage Vessel
211.6420
Strippable Spray Booth Coating
211.6430
Styrene Devolatilizer Unit
211.6450
Styrene Recovery Unit
211.6470
Submerged Loading Pipe
211.6490
Substrate
211.6510
Sulfuric Acid Mist
211.6530
Surface Condenser
211.6540
Surface Preparation Materials
211.6550
Synthetic Organic Chemical or Polymer Manufacturing Plant
211.6570
Tablet Coating Operation
211.6580
Texture Coat
211.6590
Thirty-Day Rolling Average
211.6610
Three-Piece Can
211.6620
Three or Four Stage Coating System
211.6630
Through-the-Valve Fill
211.6650
Tooling Resin
211.6670
Topcoat
211.6690
Topcoat Operation
211.6695
Topcoat System
211.6710
Touch-Up
211.6720
Touch-Up Coating
211.6730
Transfer Efficiency
211.6750
Tread End Cementing
211.6770
True Vapor Pressure
211.6790
Turnaround
211.6810
Two-Piece Can
211.6830
Under-the-Cup Fill
211.6850
Undertread Cementing
211.6860
Uniform Finish Blender
211.6870
Unregulated Safety Relief Valve
211.6880
Vacuum Metallizing
211.6890
Vacuum Producing System
211.6910
Vacuum Service
211.6930
Valves Not Externally Regulated
211.6950
Vapor Balance System
211.6970
Vapor Collection System
211.6990
Vapor Control System
211.7010
Vapor-Mounted Primary Seal
211.7030
Vapor Recovery System
211.7050
Vapor-Suppressed Polyester Resin
211.7070
Vinyl Coating
211.7090
Vinyl Coating Line
211.7110
Volatile Organic Liquid (VOL)
211.7130
Volatile Organic Material Content (VOMC)
211.7150
Volatile Organic Material (VOM) or Volatile Organic Compound (VOC)
211.7170
Volatile Petroleum Liquid
211.7190
Wash Coat
211.7200
Washoff Operations
211.7210
Wastewater (Oil/Water) Separator
211.7230
Weak Nitric Acid Manufacturing Process
211.7250
Web
211.7270
Wholesale Purchase – Consumer
211.7290
Wood Furniture
211.7310
Wood Furniture Coating
211.7330
Wood Furniture Coating Line
211.7350
Woodworking
211.7400
Yeast Percentage

Appendix A
Rule into Section Table
Appendix B
Section into Rule Table

AUTHORITY: Implementing Sections 9, 9.1, 9.9 and 10 and authorized by Sections 27 and 28.5 of the Environmental Protection Act [415 ILCS 5/9, 9.1, 9.9, 10, 27 and 28.5].

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 Ill. Reg. 5, p. 777, effective February 3, 1979; amended in R78-3 and 4, 35 PCB 75 and 243, at 3 Ill. Reg. 30, p. 124, effective July 28, 1979; amended in R80-5, at 7 Ill. Reg. 1244, effective January 21, 1983; codified at 7 Ill. Reg. 13590; amended in R82-1 (Docket A) at 10 Ill. Reg. 12624, effective July 7, 1986; amended in R85-21(A) at 11 Ill. Reg. 11747, effective June 29, 1987; amended in R86-34 at 11 Ill. Reg. 12267, effective July 10, 1987; amended in R86-39 at 11 Ill. Reg. 20804, effective December 14, 1987; amended in R82-14 and R86-37 at 12 Ill. Reg. 787, effective December 24, 1987; amended in R86-18 at 12 Ill. Reg. 7284, effective April 8, 1988; amended in R86-10 at 12 Ill. Reg. 7621, effective April 11, 1988; amended in R88-23 at 13 Ill. Reg. 10862, effective June 27, 1989; amended in R89-8 at 13 Ill. Reg. 17457, effective January 1, 1990; amended in R89-16(A) at 14 Ill. Reg. 9141, effective May 23, 1990; amended in R88-30(B) at 15 Ill. Reg. 5223, effective March 28, 1991; amended in R88-14 at 15 Ill. Reg. 7901, effective May 14, 1991; amended in R91-10 at 15 Ill. Reg. 15564, effective October 11, 1991; amended in R91-6 at 15 Ill. Reg. 15673, effective October 14, 1991; amended in R91-22 at 16 Ill. Reg. 7656, effective May 1, 1992; amended in R91-24 at 16 Ill. Reg. 13526, effective August 24, 1992; amended in R93-9 at 17 Ill. Reg. 16504, effective September 27, 1993; amended in R93-11 at 17 Ill. Reg. 21471, effective December 7, 1993; amended in R93-14 at 18 Ill. Reg. 1253, effective January 18, 1994; amended in R94-12 at 18 Ill. Reg. 14962, effective September 21, 1994; amended in R94-14 at 18 Ill. Reg. 15744, effective October 17, 1994; amended in R94-15 at 18 Ill. Reg. 16379, effective October 25, 1994; amended in R94-16 at 18 Ill. Reg. 16929, effective November 15, 1994; amended in R94-21, R94-31 and R94-32 at 19 Ill. Reg. 6823, effective May 9, 1995; amended in R94-33 at 19 Ill. Reg. 7344, effective May 22, 1995; amended in R95-2 at 19 Ill. Reg. 11066, effective July 12, 1995; amended in R95-16 at 19 Ill. Reg. 15176, effective October 19, 1995; amended in R96-5 at 20 Ill. Reg. 7590, effective May 22, 1996; amended in R96-16 at 21 Ill. Reg. 2641, effective February 7, 1997; amended in R97-17 at 21 Ill. Reg. 6489, effective May 16, 1997; amended in R97-24 at 21 Ill. Reg. 7695, effective June 9, 1997; amended in R96-17 at 21 Ill. Reg. 7856, effective June 17, 1997; amended in R97-31 at 22 Ill. Reg. 3497, effective February 2, 1998; amended in R98-17 at 22 Ill. Reg.11405, effective June 22, 1998; amended in R01-9 at ___ Ill. Reg. _________, effective ______________.; amended in R01-11at ___ Ill. Reg. _________, effective ______________, and amended at R01-___ at Ill. Reg. , effective .

BOARD NOTE: This Part implements the Illinois Environmental Protection Act as of July 1, 1994.

SUBPART B: DEFINITIONS

Section 211.4067 NO_x Trading Program

For the purposes of 35 Ill. Adm. Code 217, Subparts U and W, the NO_x Trading Program shall meet the requirements of 35 Ill. Adm. Code 217, Subparts U and W, and those provisions of the federal NO_x Trading Program, 40 CFR 96, incorporated by reference therein.

(Source: Added at _____ Ill. Reg.________________, effective_________________)

Section 211.6130 Source

Except as provided below, "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 on contiguous or adjacent property 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 Ill. Adm. Code 218.112 and 219.112).

For the purposes of 35 Ill. Adm. Code 217, Subparts T, U, V, W and X, "source" means any stationary source (or any group of stationary sources) located on one or more contiguous or adjacent properties that are under common control of the same person (or persons under common control) and that belong to a single major industrial grouping. For the purposes of defining "source," a stationary source or group of stationary sources shall be considered part of a single major industrial grouping if all of the pollutant emitting activities at such source or group of sources located on contiguous or adjacent properties and under common control 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 Ill. Adm. Code 218.112 and 219.112), or such pollutant emitting activities at a stationary source (or group of stationary sources) located on contiguous or adjacent properties and under common control constitute a support facility. 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.

(Source: Added at ______ Ill. Reg._______________, effective_________________)

TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS FOR
STATIONARY SOURCES

PART 217

NITROGEN OXIDES EMISSIONS

SUBPART A: GENERAL PROVISIONS

Section
217.100 Scope And Organization
217.101 Measurement Methods
217.102 Abbreviations And Units
217.103 Definitions
217.104 Incorporations By Reference

SUBPART B: NEW FUEL COMBUSTION EMISSION SOURCES

Section
217.121 New Emission Sources

SUBPART C: EXISTING FUEL COMBUSTION EMISSION SOURCES

Section
217.141 Existing Emission Sources in Major Metropolitan Areas

SUBPART K: PROCESS EMISSION SOURCES

Section

217.301	Industrial Processes

SUBPART O: CHEMICAL MANUFACTURE

Section
217.381 Nitric Acid Manufacturing Processes

SUBPART U: NO_x CONTROL AND TRADING PROGRAM FOR
SPECIFIED NO_x GENERATING UNITS

Section
217.650 Purpose
217.652 Severability
217.654 Applicability
217.656 Compliance Requirements
217.658 Permitting Requirements
217.660 Subpart U NO_x Trading Budget
217.662 Methodology for Obtaining NO_x Allocations
217.664 Methodology for Determining Required NO_x Allocations
217.666 NO_x Allocations for Subpart U Units
217.668 New Source Set-Aside for "New" Budget Units
217.670 Early Reduction Credits for Budget Units
217.672 Reserved
217.673 Reserved
217.674 Opt-in Units
217.676 Opt-in Process
217.678 Opt-in Budget Units: Withdrawal from the NO_x Trading Program
217.680 Opt-in Budget Units: Change in Regulatory Status
217.682 Allowance Allocations to Opt-in Budget Units

SUBPART V: ELECTRIC POWER GENERATION

Section
217.521 Lake of Egypt Power Plant

SUBPART X: VOLUNTARY NO_x EMISSIONS REDUCTION PROGRAM

Section
217.800 Purpose
217.805 Emission Unit Eligibility
217.810 Participation Requirements
217.815 Methods to Obtain NO_x Emission Reductions
217.820 Baseline Emissions Determination
217 825 Calculation of Creditable NO_x Emission Reductions
217.830 Limitations on NO_x Emission Reductions
217.835 NO_x Emission Reductions Proposal
217.840 Agency Action
217.845 Emissions Determination Methods
217.850 Emissions Monitoring
217.855 Reporting
217.860 Recordkeeping
217.865 Enforcement

Appendix A	Rule into Section Table
Appendix B		Section into Rule Table
Appendix C		Compliance Dates
Appendix E		Non-Electrical Generating Units

AUTHORITY: Implementing Sections 9.9 and 10 and authorized by Section 27 of the Environmental Protection Act ~~(Ill. Rev. Stat. 1981, ch. 111 ½, pars. 1010 and 1027)~~ [415 ILCS 5/9.9, 10 and 27.]

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 Ill. Reg. 17, p. 101, effective April 13, 1978; codified at 7 Ill. Reg. 13609; amended in R01-9, at Ill. Reg. , effective ____________, amended at R 01-11, at Ill. Reg. , effective ____________, and amended at R 01- , at Ill. Reg. , effective____________.

SUBPART U: NO_x CONTROL AND TRADING PROGRAM FOR
SPECIFIED NO_x GENERATING UNITS

Section 217.650 Purpose

The purpose of this Subpart is to cap the emissions of nitrogen oxides (NO_x) 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 NO_x Trading Program, 40 CFR 96, consistent with the provisions of this Subpart.

(Source: Added at ________ Ill. Reg._____________, effective________________)

Section 217.652 Severability

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.

(Source: Added at _______ Ill. Reg._______________, effective________________)

Section 217.654 Applicability

a) This Subpart applies to any fossil fuel-fired stationary boiler, combustion turbine, or combined cycle system, with a maximum design heat input greater than 250 mmbtu/hr and that is:

1)	A unit listed 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 Ill. 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 NO_x 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 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 NO_x mass emissions for the control period to 25 tons or less;

C)	Restrict the unit's operating hours to the number calculated by dividing 25 tons of potential NO_x mass emissions by the unit's maximum potential hourly NO_x mass emissions;

D)	Require that the unit's potential NO_x 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, by using the applicable default rate as follows:

Select the applicable default NO_x emission rate:

0.7 lb/mmbtu for combustion turbines burning natural gas exclusively during the control period;

1.2 lbs/mmbtu for combustion turbines burning any fuel oil during the control period;

1.5 lbs/mmbtu for boilers burning natural gas exclusively during the control period; or

2 lbs/mmbtu for boilers burning any fuel oil during the control period.

ii)	Multiply the default NO_x emission rate under subsection (c)(1)(D)(i) 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.

E)	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

F)	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 (c)(1) of this Section and when any of the following occurs:

A)	The permit with federally enforceable conditions that includes the restrictions in subsection (c)(1) of this Section is issued by the Agency;

B)	Such permit is revised to remove any such restriction;

C)	Such permit includes any such restriction that is no longer applicable; or

D)	The 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 Section, 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 NO_x budget by the number of allowances corresponding to the amount of NO_x emissions the unit is permitted to emit during the control period, pursuant to a federally enforceable condition in the unit’s permit. The owner or operator of a unit electing low-emitter status may demonstrate that it holds sufficient allowances to cover the unit’s NO_x 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 NO_x reductions meeting the requirements of Subpart X of this Part. The Agency will not reduce the Subpart U NO_x budget by the allowances issued for NO_x 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 NO_x allowances from the Subpart U NO_x 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 NO_x Trading Budget, but must acquire NO_x allowances in an amount not less than the NO_x emissions from such budget unit during the control period (rounded to the nearest whole ton) in accordance with the federal NO_x Trading Program, Subpart X of this Part or pursuant to a permanent transfer of NO_x 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 NO_x 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 NO_x TRADING PROGRAMS AND OTHER REQUIRED REDUCTIONS OF NO_x EMISSIONS PURSUANT TO THE NO_x 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 _______ Ill. 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 96, excluding 40 CFR 96.4(b), 96.55(c), and excluding 40 CFR 96, 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)	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 NO_x 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 either obtain 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 the control period NO_x 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 H; 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.

C)	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)	NO_x 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 NO_x emissions for the control period (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 NO_x emissions (rounded to the nearest whole ton) from all budget units at the source subject to this Subpart.

2)		Allowances shall be held in, deducted from, or transferred among
	allowance accounts in accordance with this Subpart and 40 CFR 96, subparts F and G.

3)	Each ton of NO_x emitted by a source with one or more budget units subject to this Subpart in any control period in excess of the NO_x allowances held by the owner or operator for each budget unit at the source subject to this Subpart for each control period shall constitute a separate violation of this Subpart and the Act.

4)	In order to comply with the requirements of subsection (d)(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 NO_x Trading Program is a limited authorization to emit one ton of NOx. No provision of the NO_x 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 NO_x Trading Program or pursuant to this Subpart does not constitute a property right.

7)	Upon recordation by USEPA under 40 CFR 96, subpart F or G, every allocation, transfer, 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)	Recordkeeping and reporting 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)(D) 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(c), 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 NO_x Trading Program or documents necessary to demonstrate compliance with the requirements of this Subpart or the NO_x Trading Program.

D)	Copies of all documents used to complete a budget permit application and any other submission under this Subpart or under the NO_x Trading Program.

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 NO_x Trading Program, including those under 40 CFR 96, subparts D and H.

f)	Liability:

1)	No revision of a budget permit shall excuse any violation of the requirements of the NO_x 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 NO_x Trading Program.

3)	Any provision of this Subpart or the NO_x 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 NO_x 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 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 NO_x 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 _______ Ill. Reg.____________, effective___________________)

Section 217. 658		Permitting Requirements

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 NO_x 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.

3)	No budget permit will be issued, and no NO_x allowance account will be established for any budget unit subject to this Subpart, until the Agency and USEPA have received a complete account certificate of representation under 40 CFR 96, subpart B, for an account representative of the source and each budget unit at the source subject to this Subpart.

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 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 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 applicable deadline in subsection (a)(4), (a)(5), or (a)(6) of this Section. The owner or operator of any source with such budget units must reapply for a budget permit as required by this Subpart, and 35 Ill. Adm. Code 201 and Sections 39 and 39.5 of the Act.

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 _______ Ill. Reg.____________, effective___________________)

Section 217.660 Subpart U NO_x Trading Budget

a)	The initial NO_x allowances available for allocation for each control period (the Subpart U NO_x Trading Budget) for budget units subject to the provisions of this Subpart shall be 4,882 tons per control period, subject to adjustment in accordance with subsections (b), (c) and (d) of this Section, allowances issued pursuant to reductions obtained in accordance with Subpart X of this Part, and subject to the new source set aside for budget units subject to this Subpart, as set forth in Sections 217.662 and 217.664 of this Subpart. The Subpart U NO_x Trading Budget shall be initially allocated as set forth in Appendix E of this Part.

b)	The Agency may adjust the Subpart U NO_x Trading Budget available for allocations in subsection (a) of this Section by removing allowances for budget units subject to this Subpart opting to become exempt pursuant to the requirements for low-emitters in Section 217.654(c) of this Subpart.

c) The Agency shall adjust the Subpart U NO_x Trading Budget available for allocations in subsection (a) of this Section by adding any allowances issued for voluntary reductions of NO_x emissions in accordance with the provisions of Subpart X of this Part.

d)	The Agency shall adjust the Subpart U NO_x Trading Budget available for allocations in subsection (a) of this Section to remove allowances from units opting to become exempt pursuant to the requirements for low-emitters in Section 217.654(c) of this Subpart.

e)	Except as set forth in subsection (f) of this Section, if USEPA adjusts the base Subpart U NO_x Trading Budget of 4,882 allowances, the Agency will adjust the Subpart U NO_x Trading Budget pro-rata.

f)	If USEPA adjusts the Subpart U NO_x Trading Budget as to any individual budget unit, the Subpart U NO_x Trading Budget shall not be adjusted pro-rata, and only the allowance allocation for that budget unit will be adjusted.

(Source: Added at _______ Ill. Reg._______________, effective_________________)

Section 217.662 Methodology for Obtaining NO_x Allocations

Appendix E of this Part identifies the sources with existing budget units subject to this subpart and the number of NO_x allowance allocations that each such budget unit is eligible to receive each control period, subject to adjustment in accordance with Section 217.660 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 NO_x 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.

Subject to adjustment in accordance with this Subpart, revocation or revision of the federal NO_x Trading Program or this Subpart, allocations pursuant to Appendix E of this Part exist for the life of the program, including all or a portion of any allocation transferred to another budget unit pursuant to the provisions of this Subpart.

(Source: Added at _______ Ill. Reg.______________, effective_________________)

Section 217.664		Methodology for Determining Required NO_x 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 lb/mmbtu or the permitted NO_x emission rate, but not less than 0.055 lb/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 (c) of this Section.

Where ER = The NO_x emission rate in lbs/mmbtu as determined in accordance with subsection (a) of this Section.

Where A = allowances of NO_x/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 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 “new” 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)	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.

(Source: Added at _______ Ill. Reg.______________, effective_________________)

Section 217.666 NO_x Allocations for Subpart U Budget Units

For each control period, the Agency will allocate the total number of NO_x allowances in the Subpart U NO_x Trading Budget apportioned to budget units under 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 217.668 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 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 217.668 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.

(Source: Added at _______ Ill. 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 NO_x 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 NO_x allowances. Each new source set-aside will be allocated allowances equal to percent of each source's initial total Subpart U NO_x Trading Budget allocation as reflected in Column 5 of Appendix E of this Part, which is 146 allowances, for each control period. The allocation for the new source set aside from each source shall be based on 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 NO_x 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 set-aside by submitting to the Agency a request, in writing or in a format specified by the Agency, to be allocated allowances for the current control period from the new source set-aside. The allocation 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 March 1 of the control period for which the allocation is requested.

f)	The Agency shall apportion allowances from the new source set-aside to "new" budget units requesting to purchase NO_x allowances in accordance with subsection (e) of this Section, and subject to the provisions of this Section.

g)	In an allocation request under subsection (e) of this Section, the account representative may request to purchase allowances for a control period in a number that does not exceed the projected heat input in mmbtu during the applicable control period multiplied by the more stringent of 0.15 lb/mmbtu or the permitted emission rate, but no more stringent than 0.055 lb/mmbtu.

h)	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.

i) The price of allowances from the new source set-aside shall be:

1)	The average price at which NO_x allowances are traded in the interstate NO_x Trading Program for the preceding control period; and

2)	For 2004 only, the price shall be the average price at which NO_x allowances were traded in 2003 in the Ozone Transport Region.
3)	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 _______ Ill. Reg._______________, effective_________________)

Section 217.670 Early Reduction Credits for Budget Units

If a budget unit reduces its NO_x emission rate as required by the applicable provisions of subsection (c) of this Section in the 2001 or 2002, control period, or if approved by USEPA, the 2003 control period, for use in 2004 control period, or later control periods authorized by USEPA, the account representative may request early reduction credits (ERCs) for such reductions, and the Agency will allocate ERCs to the budget unit in accordance with the following:

a)	Each budget unit for which the account representative requests any ERCs under subsection (d) of this Section must monitor NO_x emissions in accordance with 40 CFR 96, subpart H, as incorporated by reference in Section 217.104 of this Part, starting with the control period prior to the control period for which ERCs will first be requested and for each control period for which ERCs will be requested. For example, if ERCs 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 monitoring system availability must be not less than 90 percent during the control period prior to the control period in which the NO_x emissions reduction is made and the budget unit must be in compliance with any applicable State or federal emissions or emissions-related requirements.

b)	The NO_x emission rate and heat input under subsections (c) through (e) of this Section shall be determined in accordance with 40 CFR 96, subpart H.

c)	Each budget unit for which ERCs are requested under subsection (d) of this Section must have reduced its NO_x emission rate for each control period for which ERCs are requested by at least 30% less than the actual NO_x emissions rate (lbs/mmbtu) for the 2001 control period.

d)	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 ERCs for the budget unit based on NO_x 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 heat input for such control period multiplied by the difference between the budget unit's NO_x emission rate (meeting the requirements of subsection (c) of this Section for such the applicable control period) and the budget unit's actual NO_xemission rate for the applicable control period, divided by 2000 lbs/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 NO_x SIP Call, May 31, 2004, is delayed, the early reduction request must be submitted in accordance with any rulemaking or guidance by USEPA on the distribution of the Compliance Supplement Pool under the NO_x SIP Call, 63 Fed. Reg.57356 (October 27, 1998).

f)	The Agency will allocate ERCs to the budget units meeting the requirements of subsections (a) through (c) of this Section and covered by ERC requests meeting the requirements of subsection (d) 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 (d) of this Section are met and will make any necessary adjustment to the request to ensure that the amount of the ERCs requested 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 (B) 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 allocate 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

3)	By March 1, 2004, for ERCs requested for and earned in the 2003 control period.

h)	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.

i)	ERC allowances recorded under subsection (h) of this Section may be deducted for compliance under 40 CFR 96.54, as incorporated by reference in Section 217.104 of this Part, for the control period in 2004 or such control periods as may be specified by USEPA. Notwithstanding 40 CFR 96.55(a), USEPA will deduct as retired any ERC allowances that are not deducted for compliance in accordance with 40 CFR 96.54 for the control period in 2004 or such control periods as may be specified by USEPA.

j)	ERC allowances are treated as banked allowances in 2004 for the purposes of 40 CFR 96.55(a) and (b).

(Source: Added at _______ Ill. Reg._____________, effective_________________)

Section 217.674 Opt-in Units

a)	Any operating fossil fuel-fired stationary boiler, combustion turbine, combined cycle system, cement kiln or stationary internal combustion engine in the State may qualify under this Subpart to become a 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 217.654(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 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 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 _______ Ill. Reg.______________, effective________________)

Section 217.676 Opt-In Process

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 NO_x 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 NO_x emission rate and the heat input of the unit shall be monitored and reported in accordance with 40 CFR 96, subpart H, for one full control period during which the monitoring system availability is not less than 90 percent 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 NO_x emission rate shall be calculated as the unit's total NO_x emissions (in lbs) for the control period divided by the unit's baseline heat rate.

(Source: Added at _______ Ill. Reg.______________, effective______________)

Section 217.678 Opt-in Budget Units: Withdrawal from NO_x Trading Program

a)	Requesting withdrawal. To withdraw from the NO_x Trading Program, the account representative of a opt-in budget unit shall submit to the Agency a request to withdraw from the NO_x Trading Program and to withdraw the budget permit effective as of a specified date between (and not including) September 30 and 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 NO_x 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 NO_x 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.

c)	A opt-in budget unit that withdraws from the Subpart U NO_x Trading Program shall comply with all requirements under the NO_x Trading Program concerning all years for which such opt-in budget unit was a 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 NO_x Trading Program. Once an opt-in unit withdraws from the NO_x 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 _______ Ill. Reg.____________, effective__________________)

Section 217.680 Opt-in Units: Change in Regulatory Status

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)(B) 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 217.682 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 217.682 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 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 217.666 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 217.666 or 217.668 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 217.668 of this Subpart for the control period: the number of allowances otherwise allocated to the opt-in budget unit under Section 217.666 or 217.668 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(d), 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 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 _______ Ill. Reg._____________, effective_________________)

Section 217.682 Allowance Allocations to Opt-in Budget Units

a) Allowance allocations:

1)	By the December 31 immediately before the first control period for which the budget permit is effective, the Agency will allocate allowances to the opt-in budget unit and 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 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:

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 (b)(1) of this Section multiplied by the lesser of:

A)	The unit's baseline NO_x emission rate (in lbs/mmbtu) determined pursuant to Section 217.676(c) of this Subpart; or

B)	The lowest NO_x emissions limitation (calculated in lbs/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 _______ Ill. Reg.______________, effective________________)

SUBPART X: VOLUNTARY NO_x EMISSIONS REDUCTION PROGRAM

Section 217.800	Purpose

The purpose of this Subpart is to implement Section 9.9(d)(3) of the Act by providing a method by which additional NO_x allowances may be generated for use by emission units subject to the requirements of Subparts U or W of this Part. [415 ILCS 5/9.9(d)(3)] 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 NO_x budget, as established in the so-called NO_x SIP Call, 63 Fed. Reg. 57356 (October 27, 1998), to either the EGU or non-EGU portion of the NO_x trading budget, as applicable.

(Source: Added at _______ Ill. Reg.______________, effective________________)

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 NO_x emissions during the control period, if each emission unit from which NO_x 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; and

g)
Has not created NO_x offsets recognized under 35 Ill. Adm. Code 203.

(Source: Added at _______ Ill. Reg.____________, 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 NO_x emissions during the control period from one or more emission units ("emission reduction units") must comply with the following requirements:

1)		Submit a NO_x emission reduction proposal that meets the requirements of Section 217.835 of this Subpart;

2)		Request an emission cap on NO_x emissions from all NO_x 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 like-kind emission unit or units should not be included in the NO_x emission cap;

3)		Demonstrate how the NO_x 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 NO_x emission reduction specified in the proposal;

4)		Permit requirements:

A)	Obtain a permit, or an amendment to an existing permit, for the source, with federally enforceable conditions addressing the commitments in the NO_x emission reduction proposal and the emissions cap by the later of May 1, 2003, or the date on which the reduction in NO_x emissions will commence and operate the source in compliance with such permit; or

B)	For each emission unit that will be generating voluntary NO_x 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 NO_x reduction proposal.

5)	Submit an emissions baseline determination for each unit subject to the NO_x 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 NO_x emission reduction proposal and the federally enforceable permit conditions required pursuant to subsection (a)(3) 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 NO_x 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 NO_x emissions for the source and the NO_x emission reductions specified in the approved proposal were made pursuant to the requirements of Section 217.850 of this Subpart.

(Source: Added at _______ Ill. Reg._____________, effective_________________)

Section 217.815 Methods To Obtain NO_X Emission Reductions

Quantifiable, verifiable, and enforceable NO_x emission reductions for which allowances are issued will be shifted from the non-trading portion of the statewide NO_x budget to the NO_x trading budget only for those NO_x emissions reductions that meet one or more of the following criteria:

a)
Due to the use of any NO_x emission reduction technology (e.g., combustion or post combustion control technology or fuel switching) at the emission reduction unit pursuant to federally enforceable conditions in the permit for the unit addressing such control technology or fuel switching, NO_x 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 NO_x emission reductions shall be determined in accordance with Section 217.820 of this Subpart, and the amount of creditable NO_x emission reductions shall be determined in accordance with Section 217.825 of this Subpart;

b)			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 NO_x emission reductions shall be determined in accordance with Section 217.820 of this Subpart, and the amount of creditable NO_x emission reductions shall be determined in accordance with Section 217.825 of this Subpart;

c)
During any control period beginning in 2003, the emission reduction unit's control period NO_x emission rate or hours of operation is reduced pursuant to federally enforceable conditions in a permit for such unit, resulting in an actual reduction in NO_x emissions from such unit’s actual 1995 control period NO_x emissions. The amount of actual NO_x emission reductions shall be determined in accordance with Section 217.820 of this Subpart, and the amount of creditable NO_x emission reductions shall be determined in accordance with Section 217.825 of this Subpart.

(Source: Added at _______ Ill. Reg._____________, effective_______________)

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 Ill. Adm. Code 254, by 5/12ths; or

b)	If the NO_x emissions from the unit were not included in the emission reduction source's 1995 annual emissions report submitted to the Agency pursuant to 35 Ill. Adm. Code 254, by determining the base case amount included for such unit in the NO_x SIP Call inventory, as specified in the "Technical Support Document for Illinois' Statewide NO_x Budget, " (63 Fed. Reg. 17349 (Nov. 7, 1997)); or

c)	If the NO_x 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 NO_x 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 and hours of operation will be determined based on the unit's reported NO_x emission rate and hours of operation in the most recent annual emission reports for such unit submitted in accordance with 35 Ill. Adm. Code 254.

(Source: Added at _______ Ill. Reg.____________, effective_________________)

Section 217.825
Calculation of Creditable NO_x Emission Reductions

a)
For shut down units, the gross amount of control period actual NO_x emission reductions shall be determined pursuant to Section 217.820(a) or (b) of this Subpart. Eighty percent (80%) of the actual NO_x 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 NO_x emissions reductions shall be retired for the benefit of air quality;

b)	For actual NO_x emission reductions achieved pursuant to Sections 217.815(a) or (c), the gross amount of control period actual NO_x emission reductions shall be determined pursuant to Section 217.820(b) of this Subpart. Eighty percent (80%) of the actual NO_x emission reductions achieved pursuant to Sections 217.815(a) or (c) of this Subpart shall be creditable. Twenty percent (20%) of the actual NO_x emissions reductions shall be retired for the benefit of air quality.

(Source: Added at _______ Ill. Reg.____________, effective_________________)

Section 217.830
Limitations of NO_x Emissions Reductions

a) Each NO_x allowance issued pursuant to NO_x emission reductions meeting the requirements of this Subpart is a limited authorization to emit one ton of NO_x in accordance with the federal NO_x Trading Program as set forth in Subparts U or W of this Part, as applicable. No provision of the federal NO_x Trading Program, the emission reduction proposal, the permit application, the permit, or of law shall be construed to limit the authority of the United States or the State to terminate or limit such authorization.

b)
Any NO_x allowance issued in accordance with this Subpart does not constitute a property right.

(Source: Added at _______ Ill. Reg.____________, effective________________)

Section 217.835 NO_x Emission Reduction Proposal

a)
A NO_x emission reduction proposal shall include the following:

1)		Information identifying each emission unit at the source that emits NO_x, whether the unit is subject to Subpart T, U, V ,W or X of this Part, and the baseline emissions for each emission unit subject to the NO_x emission cap as determined in accordance with Section 217.820 of this Subpart;

2)		Information identifying each emission reduction unit from which the NO_x emission reductions have been or will be achieved;

3)		An explanation of the method used to achieve the NO_x emission reductions;

4)		The amount of the NO_x emission reductions, including supporting calculations and documentation, such as fuel usage information;

5)		The emission units subject to the NO_x emission cap in accordance with Section 217.810(a) of this Subpart, and if all like-kind or same-type emission units are not proposed to be included within the NO_x emission cap, an explanation of how the owner or operator of the emission reduction source will ensure that production shifting will not occur, such that the emission reduction source will achieve real, verifiable, and quantifiable NO_x emission reductions;

6)		The control period NO_x emission cap to be achieved by the emission reduction source, including both the baseline emissions for each recipient unit subject to the NO_x emission cap and the NO_x emission reductions from the emission reduction unit(s) included in the proposal;

7)		The name and address of the owner or operator of each emission unit to which the NO_x allowances will be allocated, the Subpart of this Part (i.e, Subpart U or W) to which each unit is subject, including the name, telephone number, and account number of the account representative for each such unit; and

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 NO_x 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 NO_x 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 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)	Reapplication upon failure to meet conditions of withdrawal. If the Agency denies the request 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 _______ Ill. Reg.______________, effective________________)

Section 217.840 Agency Action

a)
The Agency shall notify the owner or operator submitting a NO_x emission reduction proposal in writing of its decision with respect to the proposal within 90 days after receipt of such proposal and, if applicable, of NO_x emissions data to verify that the specified reductions have occurred. The owner or operator of the emission reduction source may extend the deadline for Agency action in writing. If the Agency disapproves or conditionally approves a proposal, this written notice shall include a statement of the specific reasons for the disapproval or conditional approval of the proposal. The following shall be considered a final Agency action for the purposes of appeal: if the Agency fails to take action within such 90 day period, subject to any extension, or a decision by the Agency to disapprove 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 NO_x 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 NO_x emission reductions are being obtained by the shut down of an emission reduction unit, the owner or operator of the emission reduction unit has either obtained or modified a permit with federally enforceable conditions addressing the requirements of this Subpart, or has withdrawn the applicable permit and the Agency has published notice and offered an opportunity to comment on such withdrawal, pursuant to 35 Ill. Adm. Code 252, on its proposed approval of the emission reduction proposal for the shut down of the emission reduction unit and the creditable NO_x emission reductions that will be created by the shut down.

c)
If the Agency approves the proposal, and subject to the provisions of subsection (b) of this Section, the Agency shall allocate any allowances issued by USEPA in accordance with either Subpart U or Subpart W of this Part and the following:

1)		Any allowance allocated pursuant to this Subpart shall be issued to the recipient emission unit identified in the proposal, for each control period in which the NO_x emissions reductions are verified, and the requirements of this Subpart continue to be 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 NO_x emissions, verified the NO_x 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 _______ Ill. Reg.___________, effective__________________)

Section 217.845 Emissions Determination Methods

The owner or operator of an emission reduction source must demonstrate that it has obtained the NO_x emission reductions, and has not exceeded its NO_x emission cap, as specified in its approved NO_x emission reduction proposal, as follows:

a)	If the NO_x emission reductions are generated pursuant to Section 217. 815(a) of this Subpart, the NO_x emission rate for each emission 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 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.

If the NO_x 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 NO_x emission reductions in compliance with an approved emissions reduction proposal. Such demonstration shall be based on the actual NO_x emission rate measured in accordance with Section 217.850 of this Subpart.

c) If the emission reduction unit's compliance with the NO_x 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 NO_x emission reductions already obtained, and notifying the Agency in writing of any test performed to comply 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 NO_x emission reduction source, and may require such testing as part of its approval of a NO_x emission reduction proposal.

d) The owner or operator of an emission reduction source must submit a compliance certification, including supporting data, by November 1^st following each control period in which NO_x emission reductions are generated that the NO_x emission cap, as specified in its approved NO_x emission reduction proposal, has not been exceeded, and must monitor and report the NO_x emissions during each control period from all NO_x emission units at the source subject to the NO_x emission cap in accordance with Sections 217.850 and 217.855 of this Subpart.

e) The owner or operator of an emission reduction source shall, 120 days prior to the date that the emission reduction source will commence NO_x 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 _______ Ill. Reg._____________, effective_________________)

Section 217.850 Emissions Monitoring

a)	Except for shut down NO_x emission reduction units, the owner operator of an emission reduction source shall install, calibrate, maintain, and operate during the control period on each NO_x emission unit at the source subject to the NO_x emission cap a continuous emission monitoring system (CEMS), or an alternative approved by the Agency and included in a federally enforceable permit condition, for measuring NO_x emissions to the atmosphere 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 NO_x emissions measured by the CEMS shall be:

1)		Expressed in lbs/hr or in lbs/mmbtu and heat input;

2)		Calculated using the data points required under 40 CFR 60.13, as incorporated by reference in Section 217.104 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 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 NO_x in lbs/hr, if NO_x emission data are not obtained because of CEMS breakdown, repairs, calibration checks, and zero and span adjustments, NO_x emission data shall be obtained by using the data substitution procedures contained in 40 CFR 75, subpart D, incorporated by reference in Section 217.104 of this Part.

g)	For monitoring systems measuring NO_x in lbs/mmbtu, if NO_x emission data are not obtained because of CEMS breakdown, repairs, calibration checks, and zero and span adjustments, NO_x 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 previous 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 217.104 of this Part.

(Source: Added at _______ Ill. Reg._____________, effective_______________)

Section 217.855 Reporting

a)
By November 1^st of each year beginning in 2003, or the year of the first control period for which NO_x 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 Ill. Adm. Code 254, report the total control period NO_x emissions of each NO_x emission unit at the source subject to the NO_x 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 B, as incorporated by reference in Section 217.104 of this Part.

(Source: Added at _______ Ill. Reg._____________, effective________________)

Section 217.860 Recordkeeping

a)
The owner or operator of an emission reduction source shall keep and maintain the following records for each NO_x emission unit at the source subject to the NO_x 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 B, as incorporated by reference in Section 217.104 of this Part.

B)		Maintain records of the following information for each operating day for each NO_x emission unit subject to the NO_x emission cap:

i)		Calendar date;

ii)		The average hourly NO_x mass emission rate expressed as lb/hr;

iii)		The control period total NO_x mass emissions to date;

iv)		Identification of times when emission data have been excluded from the calculation of NO_x mass emissions, the reasons for excluding the data, and any corrective actions taken;

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 NO_x emission reduction source subject to the continuous monitoring requirements for NO_x 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 1^st or the next business day if November 1^st falls on a Saturday or Sunday, of each control period in which NO_x emission reductions are generated.

b)	Maintenance of records. Unless otherwise provided, the owner or operator of a NO_x 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 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 NO_x 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 ______ Ill. Reg._____________, effective________________)

Section 217.865
Enforcement

a)	Excess Emissions Requirements: The owner or operator of an emission reduction source for which NO_x reductions have been recognized pursuant to this Section and that has excess NO_x emissions in any control period for which NO_x allowances have been issued must:

1)	For the first control period during which the emission reduction source has excess NO_x emissions, purchase NO_x allowances in an amount equal to two (2) times the excess NO_x emissions in accordance with the federal NO_x Trading Program and surrender the allowances to the Agency by December 31 following the control period in which the emission reduction source had excess emissions;

2)	For the second control period during which the emission reduction source has excess NO_x emissions, purchase allowances in an amount equal to three (3) times the excess NO_x emissions in accordance with the federal NO_x 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 NO_x emissions for three control periods, purchase allowances in an amount equal to four (4) times the excess NO_x emissions pursuant to the federal NO_x 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 NO_x emission reduction proposal shall be revoked. The emission reduction source will thereafter not be able to generate NO_x emission reductions for which NO_x 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 _______ Ill. Reg._____________, effective________________)

Section 217.Appendix E Non-Electrical Generating Units

COMPANY ID # / NAME	UNIT DESIGNATION	UNIT DESCRIPTION	BUDGET ALLOCATION	BUDGET ALLOCATION LESS 3% NSSA
1	2	3	4	5

A. E. STALEY MANUFACTURING CO

115015ABX	85070061299	COAL-FIRED BOILER 1	176	171
115015ABX	85070061299	COAL-FIRED BOILER 2	175	170
115015ABX	73020084129	BOILER #25	125	121

A. E. STALEY MANUFACTURING CO (Total Allocation)

476

462

ARCHER DANIELS MIDLAND CO EAST PLANT

115015AAE	85060030081	COAL-FIRED BOILER 1	238	231
115015AAE	85060030081	COAL-FIRED BOILER 2	261	253
115015AAE	85060030081	COAL-FIRED BOILER 3	267	259
115015AAE	85060030082	COAL-FIRED BOILER 4	276	268
115015AAE	85060030082	COAL-FIRED BOILER 5	275	267
115015AAE	85060030082	COAL-FIRED BOILER 6	311	302
115015AAE	85060030083	GAS-FIRED BOILER 7	19	18
115015AAE	85060030083	GAS-FIRED BOILER 8	19	18

ARCHER DANIELS MIDLAND CO EAST PLANT (Total Allocation)

1,666

1,616

CORN PRODUCTS INTERNATIONAL INC

031012ABI	91020069160	GAS-FIRED BOILER 6	55	53
031012ABI	73020146041	BOILER # 1 COAL-FIRED	210	204
031012ABI	73020146042	BOILER # 2 COAL-FIRED	210	203
031012ABI	73020146043	GAS FIRED BOILER NO 4 WEST STACK BLRS	81	79
031012ABI	73020147045	BOILER # 3 COAL-FIRED	211	205
031012ABI	73020147046	GAS FIRED BOILER NO 5-EAST STACK BOILER	81	79

CORN PRODUCTS INTERNATIONAL INC (Total Allocation)

848

823

GREAT LAKES NTC

097811AAC	78080071011	BOILER # 5	26	25
097811AAC	78080071011	BOILER # 6	26	25

GREAT LAKES NTC (Total Allocation)

JEFFERSON SMURFIT CORPORATION

119010AAL

72120426001

BLR 7-COAL FIRED

JEFFERSON SMURFIT CORPORATION (Total Allocation)

MARATHON OIL CO ILLINOIS REFINING DIV

033808AAB	72111291055	BOILER #3 OIL,REF GAS FIRED	53	51
033808AAB	72111291056	BOILER #4 REF GAS,OIL FIRED	53	52

MARATHON OIL CO ILLINOIS REFINING DIV (Total Allocation)

106

103

EXXON MOBIL

197800AAA

72110567002

AUX BOILER-REFINERY GAS

101

197800AAA

86010009043

STATIONARY GAS TURBINE

EXXON MOBIL (Total Allocation)

186

180

WILLIAMS

179060ACR

73020087019

BOILER C - PULVERIZED DRY BOTTOM

377

366

WILLIAMS (Total Allocation)

377

366

EQUISTAR

063800AAC	72100016013	BOILER # 1	40	39
063800AAC	72100016013	BOILER # 2	40	39
063800AAC	72100016014	#3 GAS FIRED BOILER	40	39
063800AAC	72100016016	#5 GAS FIRED BOILER	40	39
063800AAC	72100016017	#6 BOILER	40	38

EQUISTAR (Total Allocation)

200

194

EQUISTAR

041804AAB	72121207108	BOILER NO 1	121	118
041804AAB	72121207109	BOILER NO 2	121	118
041804AAB	72121207110	BOILER NO 3	121	117
041804AAB	72121207111	BOILER NO 4	120	116
041804AAB	72121207112	BOILER NO 5	0	0

EQUISTAR (Total Allocation)

483

469

TOSCO

119090AAA	72110633080	BOILER NO 15	40	38
119090AAA	72110633081	BOILER NO 16	40	39
119090AAA	72110633082	BOILER NO 17	80	78

TOSCO (Total Allocation)

160

155

U S STEEL - SOUTH WORKS

031600ALZ	82010044013	NO. 6 BOILER,#5 POWER STATION (FUEL-NAT.GAS)	90	88
031600ALZ	82010044014	NO 1 BLR NG	90	87

U S STEEL - SOUTH WORKS (Total Allocation)

180

175

180

175

UNIV OF ILL - ABBOTT POWER PLANT

019010ADA

82090027006

BOILER #7

UNIV OF ILL - ABBOTT POWER PLANT (Total Allocation)

CITGO PETROLEUM CORPORATION

197090AAI

72110253037

BOILER 43-B-1

CITGO PETROLEUM CORPORATION (Total Allocation)

GRAND TOTAL

4,882

4,736

(Source: Added at ______ Ill. Reg._____________, effective________________)

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above order was adopted on the 19th day of October 2000 by a vote of 7-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board