BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
SECTION 27 PROPOSED RULES FOR
)
NITROGEN OXIDE (NO
x
) EMISSIONS
)
R07-19
FROM STATIONARY RECIPROCATING
)
(Rulemaking – Air)
INTERNAL COMBUSTION ENGINES AND
)
TURBINES: AMENDMENTS TO 35 ILL.
)
ADM. CODE PARTS 211 AND 217
)
NOTICE
TO:
John Therriault, Assistant Clerk
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
SEE ATTACHED SERVICE LIST
PLEASE TAKE NOTICE that I have today filed with the Office of the Pollution Control Board
the attached MOTION TO FILE INSTANTER AND COMMENTS ON FIRST NOTICE
of the
Illinois Environmental Protection Agency a copy of which is herewith served upon you.
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
By: ___/s/___________________
Rachel L. Doctors
Assistant Counsel
Division of Legal Counsel
DATED: February 5, 2009
P.O. Box 19276
Springfield, Illinois 62794-9276
217.782-5544
217.782.9143 (TDD)
Electronic Filing - Received, Clerk's Office, February 5, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
SECTION 27 PROPOSED RULES FOR
)
NITROGEN OXIDE (NO
x
) EMISSIONS
)
R07-19
FROM STATIONARY RECIPROCATING
)
(Rulemaking – Air)
INTERNAL COMBUSTION ENGINES AND
)
TURBINES: AMENDMENTS TO 35 ILL.
)
ADM. CODE SECTION 201.146
)
AND PART 217
)
MOTION TO FILE INSTANTER
NOW COMES the Illinois Environmental Protection Agency (“Illinois EPA”), by one of
its attorneys, Rachel L. Doctors, and pursuant to 35 Ill. Adm. Code 101.522 and hereby moves
that the Illinois Pollution Control Board (“Board”) or the Hearing Officer grant a motion to file
Comments to the First Notice Proposal Instanter. In support of its Motion, the Illinois EPA
states as follows:
1.
Hearings in this proceeding occurred on April 9, 2008, and May 7, 2008. On
September 16, 2008, the Board adopted the proposed rule for First Notice.
2.
Public comments were due 45 days from the date of publication of the Firs
Notice. First Notice was published in the
Illinois Register
on October 31, 2008 (32 Ill. Reg.
17035). Comments in this proceeding were due on Monday, December 15, 2008.
3.
On December 12, 2008, the Illinois Environmental Regulatory Group (“IERG”)
and IMEA, filed a motion to extend time for the comment period until January 31, 2009, to
which counsel for the Illinois EPA and the Pipeline Consortium reviewed and consented.
4.
On January 23, 2008, the Hearing Officer granted an extension of time until
February 2, 2009.
5.
The Illinois EPA has been in discussion with IERG, IMEA and the Pipeline
Electronic Filing - Received, Clerk's Office, February 5, 2009
Consortium (collectively “the Parties”) and resolved all of the outstanding issues except for
whether replacement units that have lower emissions must have the same purpose as the unit
being replaced, but required additional time after February 2, 2009, to finalize the agreed upon
language for all other issues and have prepared a joint comment on all issues besides the
replacement unit issue. Note: that the Pipeline Consortium is in agreement with the Illinois EPA
on all issues.
7.
Counsel for IERG, IMEA, and the Pipeline Consortium have reviewed and
consented to the contents of this Motion.
8.
The Parties are waiving the opportunity to respond to this Motion.
WHEREFORE, the Illinois EPA, IERG, IMEA, and the Pipeline Consortium request that
the Board or the Hearing Officer grant this Motion to file the Comment to the First Notice
Proposal Instanter and accept these comments as timely filed.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
___/s/__________________
Rachel L. Doctors
Assistant Counsel
Air Regulatory Unit
Division of Legal Counsel
DATED: February 5, 2009
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217.782.5544
217.782.9143 (TDD)
217.782.9807 (Fax)
Electronic Filing - Received, Clerk's Office, February 5, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
SECTION 27 PROPOSED RULES FOR
)
NITROGEN OXIDE (NO
x
) EMISSIONS
)
R07-19
FROM STATIONARY RECIPROCATING
)
(Rulemaking – Air)
INTERNAL COMBUSTION ENGINES AND
)
TURBINES: AMENDMENTS TO 35 ILL.
)
ADM. CODE SECTION 201.146
)
AND PART 217
)
COMMENTS ON FIRST NOTICE
NOW COMES the Illinois Environmental Protection Agency (“Illinois EPA”), by one of
its attorneys and, pursuant to 35 Ill. Adm. Code 101.502 and 102.402. Hearings were held on
April 9, 2008, and May 7, 2008, and the 1
st
notice was published on October 31, 2008. 32 Ill.
Reg. 17035. After consulting with Illinois Environmental Regulatory Group (“IERG”) and
members of the Pipeline Consortium, and having reached agreement with IERG on all issues
except for the replacement unit issue in paragraph 9 and with the Pipeline Consortium on all
issues, the Illinois EPA respectfully submits the following comments on the 1
st
notice:
1.
Subsection (b) of Section 217.386 concerns exemptions from the control
requirements of Subpart Q. These exemptions were proposed for units not required to be
controlled under the NO
x
SIP Call. The exemption should be limited to units not listed in
Appendix G. The following amendment is requested: Notwithstanding subsection (a)(2) of this
Section. (ln. 26) In addition, a comma should be added after “this Subpart Q,” in line 27.
2.
Subsection (d) of Section 217.386 contains the “once-in-always-in” provision that
makes a unit that at anytime becomes subject to the compliance requirements of Section 217.388,
always subject to demonstrating compliance with either the concentration limits, emissions
averaging plan, or low usage requirements if it meets the applicability criteria of Section
Electronic Filing - Received, Clerk's Office, February 5, 2009
217.386(a). As subsection (d) currently contains the word “control,” and the compliance options
do not necessarily require operation of a control device, the word “control” in line 52 should be
struck.
3.
The following changes are recommended to with respect to subsections (a), (b),
and (d) of Section 217.388 Control and Maintenance Requirements to simplify the introductory
language:
A.
In subsection (a) (line 74), strike the phrase “the owner or operator limits” and
add the word “Limits.”
B.
In subsection (b) (line 95), strike the phrase “the owner or operator complies” and
add the word “Complies.”
C.
In subsection (c) (line 108), strike the phrase “the owner or operator operates.”
D.
In subsection (d) (line 139), strike the phrase “the owner or operator inspects” and
add the word “Inspects.”
4.
In addition, in subsection (c) of Section 217.388 several changes are being
recommended to further clarify the “low usage” compliance option. Only units that are not
Appendix G units may elect the low usage option. We recommend adding a phrase that excludes
Appendix G units from using the low usage option for compliance. (ln. 108) Further, a change to
the proposal that has been agreed to by the Illinois EPA, the Pipeline Consortium and IERG
would allow low usage units to be included in an emissions averaging plan, if the owner or
operator complies with the substantive requirements in Sections 217.394 and 217.396. Hence,
the only low usage units that would now be exempt from the substantive testing, monitoring,
reporting, and recordkeeping requirements, are those low usage units that are not included in
emissions averaging plans. New language is being proposed at lines 110, 112, and 113 to
Electronic Filing - Received, Clerk's Office, February 5, 2009
effectuate this change.
5.
In subsection (c)(2) of Section 217.388, the last sentence concerning which type
of sources need to obtain federally enforceable permits with limits for low usage units has been
reworded for clarity. (lns. 127-133)
6. In Section 217.388, a new subsection (e) is being proposed to clarify that owners or
operators may change the method of compliance between the emission concentration limits,
emissions averaging plan, and low usage options. New subsection (e)(1) specifies that the owner
or operator must conduct the applicable testing, monitoring, reporting and recordkeeping
requirements for affected units when changing the method of compliance for an affected unit
from low usage to compliance with either the emissions concentration limits or inclusion in an
emissions averaging plan. In addition, new subsection (e)(1) specifies what is meant by
“applicable compliance date” as it appears in Section 217.394(a)(2) and (a)(3). New subsection
(e)(2)(A) specifies that if an affected unit relied on an emissions control device to comply with
either the requirements for a emission concentration limit or emissions averaging plan, and the
owner or operator changes the method of compliance for that unit to low usage, the owner or
operator must continue to operate the control device. (lns. 176 through 178) New subsection
(e)(2)(B) specifies that if the owner or operator is changing the method of compliance to the low
usage option, it must complete all outstanding testing and monitoring requirements, even if the
testing or monitoring period has not elapsed. (lns. 161 through 191)
7.
In subsections (a)(1)(A)(i) and (ii) and (a)(1)(C) of Section 217.390 Emissions
Averaging Plans, the following amendments clarify that any engine or turbine located at either
an Appendix G source or an affected source under Section 217.386(a)(2) or the same company
can be included in the averaging plan even if the unit being included is not required to comply
Electronic Filing - Received, Clerk's Office, February 5, 2009
with the requirements of Subpart Q. A unit that is not required to comply with the requirements
of Subpart Q, but is included in an emissions averaging plan is not subject to the “once-in-
always-in” provision of subsection (d) of Section 217.386. In addition, minor edits were made to
lines 200, (strike “The” and add “A”), line 223 (strike the word “and”), and line 234 (add the
word “and”).
8.
In Section 217.390, a new subsection (a)(1)(D) is being proposed to allow
inclusion of affected units that meet the low usage requirements in emissions averaging plans, if
they comply with the aggregate limits for low usage units, the testing and monitoring
requirements for affected units, and the recordkeeping and reporting requirements for both types
of units. (lns. 236 through 245)
9.
In subsection (a)(2)(A) of Section 217.390, additional specificity to the
requirements for “replacement units,” is being proposed. A replacement unit may replace any
unit that may be included in an averaging plan if it is used for the same purpose. The “same
purpose” criteria is important to insure that a new unit will not debottleneck a process in such a
way as to create additional NO
x
emissions from other emissions units not covered by this
Subpart. The following language is being proposed: “The new unit must be used for the same
purpose and have substantially equivalent or less process capacity or be permitted for less NO
x
emissions on annual basis than the actual NO
x
emissions
as the replacement unit or units that are
replaced.” (lns. 251 through 260) For natural gas transmission and storage facilities, the
substantially equivalent process capacity of the replacement unit may be demonstrated in
accordance with 18 CFR 2.55(b), which allows replacements that “have a substantially
equivalent delivery capacity.” This provision is describing two scenarios as to what would be an
appropriate replacement unit: 1) a unit that has equivalent or les process capacity regardless of
Electronic Filing - Received, Clerk's Office, February 5, 2009
the unit’s emissions; or 2) a unit that has lower emissions regardless of the unit’s process
capacity.
10.
In subsection (a)(2)(B) of Section 217.390, to be consistent with the proposed
change to allow inclusion of low usage units in emissions averaging plans, the provision
excluding low usage units from emissions averaging plans should be struck. (lns. 266, 267)
11.
In subsection (b)(2) of Section 217.390, commas have been added after the years
2008 and 2010, in lines 285, 288, and 292.
12.
In subsections (d) and (d)(3) of Section 217.390 Emissions Averaging Plans, the
following two changes are provided to provide for consistency of requirements. In the
introductory paragraph of subsection (d), the word “seller” is added to require that all applicable
averaging plans are updated when a new unit is added to a source. (ln. 308) Second, new
subsection (d)(3) is being proposed to reflect the timeframe for submitting an averaging plan
after the purchase of a new unit. (lns. 319, 320)
13.
In subsection (e)(1) of Section 217.390, the provisions concerning an amended
compliance demonstration for averaging plans contained in subsections (c) and (d) have been
struck. Subsection (e)(1) should reflect all amended plans are subject to the requirement to
submit compliance demonstrations; hence, these subsections should not be struck. (lns. 327,
328)
14.
In subsection (g)(2) of Section 217.390, the phrase “as applicable” was added to
the definition for the variable for “E
all
” to clarify that depending on the circumstance the
allowable may be figured differently. (ln. 386) In addition, a reference to new subsection
“(g)(7)” was added to the variable C
d(all)
and the word “or” was moved. (ln. 398)
15.
In subsection (g)(5) of Section 217.390, the variable in EM
(i)act
the subscript (i)
Electronic Filing - Received, Clerk's Office, February 5, 2009
was moved. (ln. 463)
16.
In Section 217.390, a new subsection is proposed at (g)(7) to specify that the
higher of AP-42 or the tested actual emissions must be used for determining the allowable NO
x
emissions rate for low usage units included in an emissions averaging equation. (lns. 483 through
490)
17.
In subsection (a) of Section 217.392 (Compliance) the phrase: “or the affected
engine is exempt pursuant to Section 217.386(b)” was added at First Notice. As discussed in
par. 1, Appendix G units cannot be exempt. Therefore, this phrase should be struck, as
Appendix G units are not eligible for an exemption. (lns. 526, 527)
18.
The introductory paragraph of subsection (c) of Section 217.392, changes are
proposed to reflect that the court
North Carolina v.
EPA, (D.C. Cir. No. 05-1244(December 23,
2008)) has remanded the Clean Air Interstate Rule (“CAIR”) to USEPA. Possible changes to the
CAIR rule that is currently administered by USEPA and contains both annual and ozone season
NO
x
allowances, could include that another entity could administer the CAIR program and/or the
annual program is eliminated. We propose that the words “administered by USEPA” be struck
and replaced by “in which the State of Illinois participates” to reflect that the possibility that
another entity could be administering a “CAIR” type program. In addition, new subsection
(c)(2)(E) was added to clarify that if an annual NO
x
trading program does not exist a NO
x
ozone
season allowance can be used. (lns. 583 through 589)
19.
In Section 217.392, a new subsection (c)(1)(C) is proposed and the remaining
subsections ware renumbered to add the clarifications concerning what constitutes an event for
the purpose of determining whether an owner or operator is in compliance with the requirements
of subsection (c)(1)(B) limiting the use of allowances to two events in any rolling five-year
Electronic Filing - Received, Clerk's Office, February 5, 2009
period. (lns. 550 through 554)
20.
In Section 217.392, we propose dividing Subsection (c)(2) into five subsections to
increase readability. (ln. 560) In addition, two new subsections were added to subsection (c)(2).
New subsection (c)(2)(B) clarifies that when a low usage unit is included in an averaging plan
and there is noncompliance with a limitation in that plan, an owner or operator who chooses to
use NO
x
allowances must calculate the emissions using the allowable emissions concentration
from Section 217.388, rather than an AP-42 factor or uncontrolled emissions. (lns. 569 through
573) New subsection (c)(2)(E), as discussed in No. 18, was added to clarify that if an annual
NO
x
trading program does not exist a NO
x
ozone season allowance can be used. (lns. 583
through 589)
21.
In subsection (d)(1) of Section 217.394 (Testing and Monitoring) the word
“utilizing” was struck in the First Notice and should remain, as the procedures for monitoring are
contained in method ASTM D6522-00. (ln. 678) Using the method implements the monitoring
requirement.
22.
In subsection (e) of Section 217.394, an addition is proposed to not only allow
the use of CEMS complying 40 CFR 60, but also units complying with the provisions of 40 CFR
75. (ln. 694) This change was made in response to the comment filed by Pamela F. Faggert,
Vice President and Chief Environmental Officer, Dominion Resources Services, Inc dated
December 22, 2008.
23.
In subsection (f) of Section 217.394, a clarification is proposed ensure that low
usage units included in emissions averaging plans comply with the substantive provisions for
testing, monitoring, reporting and recordkeeping that apply to other affected units. (lns. 705, 706)
24.
In subsection (a) of Section 217.396 (Recordkeeping and Reporting), a
Electronic Filing - Received, Clerk's Office, February 5, 2009
clarification is proposed that the recordkeeping requirements affect any unit that is included in an
emissions averaging plan even if that unit that would not otherwise be subject to these
requirements. (lns. 718, 719)
25.
In Section 217.396, a new subsection (e) is proposed to reflect that units with
CEMS that comply with 40 CFR 75 are not subject to other reporting and recordkeeping
requirements besides those in part 75 unless the units are included in an emissions averaging
plan. (lns. 848 through 854) This change was made in response to the comment filed by Pamela
F. Faggert, Vice President and Chief Environmental Officer, Dominion Resources Services, Inc
dated December 22, 2008.
WHERFORE, for the reasons stated above, the Illinois EPA respectfully submits the
above comments.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
___/s/__________________
Rachel L. Doctors
Assistant Counsel
Air Regulatory Unit
Division of Legal Counsel
DATED: February 5, 2009
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217.782.5544
217.782.9143 (TDD)
Electronic Filing - Received, Clerk's Office, February 5, 2009
217.782.9807 (Fax)
Electronic Filing - Received, Clerk's Office, February 5, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILLINOIS
)
)
SS
COUNTY OF SANGAMON
)
)
CERTIFICATE OF SERVICE
I, the undersigned, an attorney, state that I have served electronically the attached
MOTION TO FILE INSTANTER AND COMMENTS ON FIRST NOTICE of the Illinois
Environmental Protection Agency upon the following persons:
John Therriault, Assistant Clerk
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
SEE ATTACHED SERVICE LIST
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
___/s/__________________
Rachel L. Doctors
Assistant Counsel
Air Regulatory Unit
Division of Legal Counsel
Dated: February 5, 2009
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
(217) 782-5544
217.782.9143 (TDD)
Electronic Filing - Received, Clerk's Office, February 5, 2009
R07-19 Service List
Timothy Fox, Hearing Officer
Illinois Pollution Control Board
State of Illinois Center
100 W. Randolph, Suite 11-500
Chicago, IL 60601
Katherine D. Hodge
N. LaDonna Driver
Hodge Dwyer Zeman
3150 Roland Ave.
PO Box 5776
Springfield, IL 62705-5776
N. LaDonna Driver
Illinois Environmental Regulatory Group
3150 Roland Ave.
Springfield, IL 62705-5776
Kathleen C. Bassi
Renee Cipriano
Joshua R. More
Stephen J. Bonebrake
Schiff Hardin, LLP
6600 Sears Tower
233 S. Wacker Drive
Chicago, IL 60606-6473
Electronic Filing - Received, Clerk's Office, February 5, 2009
1
SUBPART Q: STATIONARY RECIPROCATING INTERNAL COMBUSTION ENGINES
2
AND TURBINES
3
Section 217.386
4
Applicability
5
a)
6
The provisions of this Subpart shall apply to all:
7
1)
8
Stationary reciprocating internal combustion engines listed in Appendix G
9
of this Part.
10
2)
11
Stationary reciprocating internal combustion engines and turbines located
12
at a source that emits or has the potential to emit NO
x
in an amount equal
13
to or greater than 100 tons per year and is in either the area composed of
14
the Chicago area counties of Cook, DuPage, Kane, Lake, McHenry, and
15
Will, the Townships of Aux Sable and Goose Lake in Grundy County, and
16
the Township of Oswego in Kendall County, or in the area composed of
17
the Metro-East counties of Jersey, Madison, Monroe, and St. Clair, and the
18
Township of Baldwin in Randolph County, where:
19
A)
20
The engine at nameplate capacity is rated at equal to or greater than
21
500 bhp output; or
22
B)
23
The turbine is rated at equal to or greater than 3.5 MW (4,694 bhp)
24
output at 14.7 psia, 59ºF and 60 percent relative humidity.
25
b)
26
Notwithstanding subsection (a)(2)
of this Section, an affected unit is not subject to
27
the requirements of this Subpart Q, if the engine or turbine is or has been:
28
1)
29
Used as an emergency or standby unit as defined by 35 Ill. Adm. Code
30
211.1920;
31
2)
32
Used for research or for the purposes of performance verification or
33
testing;
34
3)
35
Used to control emissions from landfills, where at least 50 percent of the
36
heat input is gas collected from a landfill;
37
4)
38
Used for agricultural purposes including the raising of crops or livestock
39
that are produced on site, but not for associated businesses like packing
40
operations, sale of equipment or repair; or
41
5)
42
An engine with nameplate capacity rated at less than 1,500 bhp (1,118kW)
43
output, mounted on a chassis or skids, designed to be moveable, and
44
moved to a different source at least once every 12 months;
45
c)
46
If an exempt unit ceases to fulfill the criteria specified in subsection (b) of this
47
Section, the owner or operator must notify the Agency in writing within 30 days
Electronic Filing - Received, Clerk's Office, February 5, 2009
Page
2
48
after becoming aware that the exemption no longer applies and comply with the
49
control requirements of this Subpart Q.
50
d)
51
The requirements of this Subpart Q will continue to apply to any engine or turbine
52
that has ever been subject to the control requirements of Section 217.388, even if
53
the affected unit or source ceases to fulfill the rating requirements of subsection
54
(a) of this Section or becomes eligible for an exemption pursuant to subsection (b)
55
of this Section.
56
e)
57
Where a construction permit, for which the application was submitted to the
58
Agency prior to the adoption of this Subpart, is issued that relies on decreases in
59
emissions of NO
x
from existing emission units for purposes of netting or
60
emissions offsets, such NO
x
decreases shall remain creditable notwithstanding any
61
requirements that may apply to the existing emissions units pursuant to this part.
62
63
(Source: Amended at
Ill. Reg.
, effective
)
64
Section 217.388
65
Control and Maintenance Requirements
66
67
On and after the applicable compliance date in Section 217.392, an owner or operator of an
68
affected unit must inspect and maintain affected units as required by subsection (d) of this
69
Section and comply with one of the following: the applicable emissions concentration as set forth
70
in subsection (a) of this Section, the requirements for an emissions averaging plan as specified in
71
subsection (b) of this Section, or the requirements for operation as a low usage unit as specified
72
in subsection (c) of this Section.
73
a)
74
LimitsThe
owner or operator limits the discharge from an affected unit into the
75
atmosphere of any gases that contain NO
x
to no more than:
76
1)
77
150 ppmv (corrected to 15 percent O
2
on a dry basis) for spark-ignited
78
rich-burn engines;
79
2)
80
210 ppmv (corrected to 15 percent O
2
on a dry basis) for spark-ignited
81
lean-burn engines, except for existing spark-ignited Worthington engines
82
that are not listed in Appendix G;
83
3)
84
365 ppmv (corrected to 15 percent O
2
on a dry basis) for existing spark-
85
ignited Worthington engines that are not listed in Appendix G;
86
4)
87
660 ppmv (corrected to 15 percent O
2
on a dry basis) for diesel engines;
88
5)
89
42 ppmv (corrected to 15 percent O
2
on a dry basis) for gaseous fuel-fired
90
turbines; and
91
Electronic Filing - Received, Clerk's Office, February 5, 2009
Page
3
6)
92
96 ppmv (corrected to 15 percent O
2
on a dry basis) for liquid fuel-fired
93
turbines.
94
b)
95
CompliesThe owner or operator complies with an emissions averaging plan as
96
provided for in either subsection (b)(1) or (b)(2) of this Section:
97
1)
98
For any affected unit identified by Section 217.386: The requirements of
99
the applicable emissions averaging plan as set forth in Section 217.390; or
100
2)
101
For units identified in Section 217.386(a)(2): The requirements of an
102
emissions averaging plan adopted pursuant to any other Subpart of this
103
Part. For such affected engines and turbines the applicable requirements
104
of this Subpart apply, including but not limited to, calculation of NO
x
105
allowable and actual emissions rates, compliance dates, monitoring,
106
testing, reporting, and recordkeeping.
107
c)
108
For units not listed in Appendix G, The owner or operator operates the affected
109
unit as a low usage unit pursuant to subsection (c)(1) or (c)(2) of this Section.
110
Low usage units that are not part of an emissions averaging plan are not subject to
111
the requirements of this Subpart Q except for the requirements to inspect and
112
maintain the unit pursuant to subsection (d) of this Section, test as required by
113
Section 217.394(f), and retain records pursuant to Sections 217.396(b) and (d).
114
Either the limitation in subsection (c)(1) or (c)(2) may be utilized at a source, but
115
not both:
116
1)
117
The potential to emit (PTE) is no more than 100 TPY NO
x
aggregated
118
from all engines and turbines located at the source that are not otherwise
119
exempt pursuant to Section 217.386(b), and not complying with the
120
requirements of subsection (a) or (b) of this Section, and the NO
x
PTE
121
limit is contained in a federally enforceable permit; or
122
2)
123
The aggregate bhp-hrs/MW-hrs from all affected units located at the
124
source that are not exempt pursuant to Section 217.386(b), and not
125
complying with the requirements of subsection (a) or (b) of this Section,
126
are less than or equal to the bhp-hrs and MW-hrs operation limit listed in
127
subsections (c)(2)(A) and (c)(2)(B) of this Section. The operation limits of
128
subsections (c)(2)(A) and (c)(2)(B) of this Section must be contained in a
129
federally enforceable permit, except for For units that drive a natural gas
130
compressor station but that are not located at a natural gas compressor
131
station or storage facility, the operation limits of subsections (c)(2)(A) and
132
(c)(2)(B) of this Section must be contained in a federally enforceable
133
permit. The operation limits are:
134
A)
135
8 mm bhp-hrs or less on an annual basis for engines; and
Electronic Filing - Received, Clerk's Office, February 5, 2009
Page
4
136
B)
137
20,000 MW-hrs or less on an annual basis for turbines.
138
d)
139
InspectsThe owner or operator inspects and performs periodic maintenance on the
140
affected unit, in accordance with a Maintenance Plan that documents:
141
1)
142
For a unit not located at natural gas transmission compressor station or
143
storage facility, either:
144
A)
145
The manufacturer’s recommended inspection and maintenance of
146
the applicable air pollution control equipment, monitoring device,
147
and affected unit; or
148
B)
149
If the original equipment manual is not available or substantial
150
modifications have been made that require an alternative procedure
151
for the applicable air pollution control device, monitoring device,
152
or affected unit, the owner or operator must establish a plan for
153
inspection and maintenance in accordance with what is customary
154
for the type of air pollution control equipment, monitoring device,
155
and affected unit.
156
2)
157
For a unit located at a natural gas compressor station or storage facility, the
158
operator’s maintenance procedures for the applicable air pollution control
159
device, monitoring device, and affected unit.
160
e)
161
Owners and operators of affected units may change the method of compliance
162
with this Subpart, as follows:
163
1)
164
When changing the method of compliance from subsection (c) of this
165
Section to subsection (a) or (b) of this Section, the owner or operator must
166
conduct testing and monitoring according to the requirements of
167
subsections (a) through (e) of Section 217.394, as applicable. For this
168
purpose, references to the “applicable compliance date” in Section
169
217.394(a)(2) and (a)(3) shall mean the date by which compliance with
170
Section 217.388(a) or (b) is to begin.
171
2)
172
An owner or operator of an affected unit that is changing the method of
173
compliance from subsection (a) or (b) of this Section to subsection (c) of
174
this Section must:
175
A)
176
Continue to operate the affected unit’s control device, if that unit
177
relied upon a NO
x
emissions control device for compliance with
178
the requirements of subsection (a) or (b) of this Section; and
179
Electronic Filing - Received, Clerk's Office, February 5, 2009
Page
5
B)
180
Prior to changing the method of compliance to subsection (c) of
181
this Section, complete any outstanding initial performance testing,
182
subsequent performances testing or monitoring as required by
183
Section 217.394(a), (b), (c), (d) or (e) for the affected unit. If the
184
deadline for such testing or monitoring has not yet occurred (e.g.,
185
the five-year testing or monitoring sequence has not yet elapsed)
186
the owner or operator must complete the test or monitoring prior to
187
changing the method of compliance to subsection (c) of this
188
Section. After changing the method of compliance to subsection
189
(c) of this Section, no additional testing or monitoring will be
190
required for the affected unit while it is complying with subsection
191
(c) of this Section, except as provided for in Section 217.394(f).
192
193
(Source: Amended at
Ill. Reg.
, effective
)
194
Section 217.390
195
Emissions Averaging Plans
196
a)
197
An owner or operator of certain affected units may comply through an emissions
198
averaging plan.
199
1)
200
AThe unit or units that commenced operation before January 1, 2002, may
201
be included in only one emissions averaging plan, as follows:
202
A)
203
Units:
204
i)
205
Listed in Appendix G and
located Located at a single
206
source or at multiple sources in Illinois to address
207
compliance for units identified in Section 217.386(a)(1), so
208
long as the units are owned by the same company or parent
209
company where the parent company has working control
210
through stock ownership of its subsidiary corporations; or
211
ii)
212
LocatedIdentified in Section 217.386(b)(2), and located at a
213
single source or at multiple sources in either the Chicago
214
area counties or Metro-East area counties to address
215
compliance for units identified in Section 217.386(a)(2), so
216
long as the units are owned by the same company or parent
217
company where the parent company has working control
218
through stock ownership of its subsidiary corporations.
219
B)
220
Units that have a compliance date later than the control period for
221
which the averaging plan is being used for compliance; and
222
C)
223
Units which
that are not otherwise subject to this Subpart (so long
Electronic Filing - Received, Clerk's Office, February 5, 2009
Page
6
224
as the units are owned by the same company or parent company
225
where the parent company has working control through stock
226
ownership of its subsidiary corporations) or that the owner or
227
operator may claim as exempt pursuant to Section 217.386(b) but
228
does not claim as exempt. For as long as such unit is included in
229
an emissions averaging plan, it will be treated as an affected unit
230
and subject to the applicable emission concentration,
limits,
231
testing, monitoring, recordkeeping and reporting requirements;
232
and.
233
D)
234
Units which comply with the requirements for low usage units set
235
forth in Section 217.388(c), so long as the unit or units operates
236
NO
x
emissions control technology. For as long as such unit is
237
included in an emissions averaging plan, it will be subject to the
238
applicable emission concentration limits in subsection (g)(7) of this
239
Section, the applicable testing and monitoring requirements for
240
affected units in subsections (a) through (e) of Section 217.394,
241
and the applicable recordkeeping and reporting requirements for
242
affected and low usage units in subsections (a) through (d) of
243
Section 217.396.
244
2)
245
The following types of units may not be included in an emissions
246
averaging plan:
247
A)
248
Units that commence operation after January 1, 2002, unless the
249
unit or units
replaces a unit or units described in subsection (a)(1)
250
of this Section an engine or turbine that commenced operation on
251
or before January 1, 2002, or the unit or units it replaces a unit or
252
units described in subsection (a)(1) of this Section an engine or
253
turbine that replaced a unit or units described in subsection (a)(1)
254
of this Section that commenced operation on or before January 1,
255
2002. The new unit must be used for the same purpose and have
256
substantially equivalent or less process capacity or be permitted for
less NO
x
emissions on annual basis than the actual NO
x
emissions
257
258
as the replacement unit or units that are replaced. The owner or
259
operator of a unit that is shutdown and replaced must comply with
260
the provisions of Section 217.396(c)(3) before the replacement unit
261
may be included in an emissions averaging plan.
262
B)
263
Units which the owner or operator is claiming are exempt pursuant
264
to Section 217.386(b) or as low usage units pursuant to Section
265
217.388(c).
266
b)
267
An owner or operator must submit an emissions averaging plan to the Agency by
Electronic Filing - Received, Clerk's Office, February 5, 2009
Page
7
268
the applicable compliance date set forth in Section 217.392, or by May 1 of the
269
year in which the owner or operator is using a new emissions averaging plan to
270
comply.
271
1)
272
The plan must include, but is not limited to:
273
A)
274
The list of affected units included in the plan by unit identification
275
number and permit number.
276
B)
277
A sample calculation demonstrating compliance using the
278
methodology provided in subsection (f) of this Section for both the
279
ozone season and calendar year.
280
2)
281
The plan will be effective as follows:
282
A)
283
An initial plan for units required to comply by January 1, 2008,
is
284
effective January 1, 2008;
285
B)
286
An initial plan for units required to comply by May 1, 2010, is
287
effective May 1, 2010, for those units:
288
C)
289
A new plan submitted pursuant to subsection (b) of this Section but
290
not submitted by January 1, 2008, or May 1, 2010, is effective
291
retroactively to January 1 of the applicable year; or
292
E)
293
An amended plan submitted pursuant to subsection (d) of this
294
Section is effective on the date it is received by the Agency.
295
c)
296
An owner or operator may amend an emissions averaging plan only once per
297
calendar year. An amended plan must include the information from subsection
298
(b)(1) and may change, but is not limited to changing, the group of affected units
299
or reflecting changes in the operation of the affected units. An amended plan
300
must be submitted to the Agency by May 1 of the applicable calendar year and is
301
effective as set forth in subsection (b)(2) of this Section. If an amended plan is
302
not received by the Agency by May 1 of the applicable calendar year, the previous
303
year’s plan will be the applicable emissions averaging plan.
304
d)
305
Notwithstanding subsection (c) of this Section, an owner or operator, and the
306
buyer or seller
, if applicable:
307
1)
308
Must submit an updated emissions averaging plan or plans to the Agency
309
within 60 days, if a unit that is listed in an emissions averaging plan is sold
310
or taken out of service.
311
Electronic Filing - Received, Clerk's Office, February 5, 2009
Page
8
2)
312
May amend its emissions averaging plan to include another unit within 30
313
days after discovering that the unit no longer qualifies as an exempt unit
314
pursuant to Section 217.386(b) or as a low usage unit pursuant to Section
315
217.388(c).
316
3)
317
May submit an updated emissions averaging plan or plans to the Agency
318
within 60 days of purchasing a new unit to include the new unit.
319
e)
320
An owner or operator must:
321
1)
322
Demonstrate compliance for both the ozone season (May 1 through
323
September 30) and the calendar year (January 1 through December 31) by
324
using the methodology and the units listed in the most recent emissions
325
averaging plan submitted to the Agency pursuant to subsection (b), (c), or
326
(d) of this Section; the higher of the monitoring or test data determined
327
pursuant to Section 217.394; and the actual hours of operation for the
328
applicable control period;
329
2)
330
Notify the Agency by October 31 following the ozone season, if
331
compliance cannot be demonstrated for that ozone season; and
332
3)
333
Submit to the Agency by January 31 following each calendar year, a
334
compliance report containing the information required by Section
335
217.396(c)(4).
336
f)
337
The total mass of actual NO
x
emissions from the units listed in the emissions
338
averaging plan must be equal to or less than the total mass of allowable NO
x
339
emissions for those units for both the ozone season and calendar year. The
340
following equation must be used to determine compliance:
341
342
N
act
≤
N
all
343
344
Where:
N
act
=
∑
=
n
i1
345
EM
act(i)
N
all
=
∑
=
n
i1
EM
all(i)
346
N
act
=
347
Total sum of the actual NO
x
mass emissions from
348
units included in the averaging plan for each fuel used (lbs
349
per ozone season and calendar year).
N
all
=
350
Total sum of the allowable NO
x
mass emissions from units
351
included in the averaging plan for each fuel used (lbs per
352
ozone season and calendar year).
Electronic Filing - Received, Clerk's Office, February 5, 2009
Page
9
EM
all(i)
=
353
Total mass of allowable NO
x
emissions in lbs for a unit as
354
determined in subsection (g)(2) or (h)(2) of this Section.
EM
act(i)
=
355
Total mass of actual NO
x
emissions in lbs for a unit
356
as determined in subsection (g)(1) or (h)(1) of this Section.
i
=
357
Subscript denoting an individual unit and fuel used.
n
=
358
Number of different units in the averaging plan.
359
g)
360
For each unit in the averaging plan, and each fuel used by a unit, determine actual
361
and allowable NO
x
emissions using the following equations, except as provided
362
for in subsection (h) of this Section:
363
1)
364
Actual emissions must be determined as follows:
365
EM
act(i)
=
366
E
act(i)
x H
i
m
O
C
xF x
E
m
j
dj
d act j
d
act i
∑
=
−
=
1
2()
(
( ))
()
20.9 %
20.9
367
368
2)
369
Allowable emissions must be determined as follows:
370
EM
all(i)
=
E
all(i)
x H
i
371
372
m
O
C
xF x
E
m
j
dj
d all
d
all i
∑
=
−
=
1
2()
()
()
20.9 %
20.9
373
374
375
Where:
EM
act(i)
=
376
Total mass of actual NO
x
emissions in lbs for a unit, except
377
as provided for in subsections (g)(3) and (g)(5) of this
378
Section.
EM
all(i)
=
379
Total mass of allowable NO
x
emissions in lbs for a unit,
380
except as provided for in subsection (g)(3) of this Section.
E
act
=
381
Actual NO
x
emission rate (lbs/mmBtu) calculated
382
according to the above equation.
E
all
=
383
Allowable NO
x
emission rate (lbs/mmBtu)
384
calculated according to the above equation, as applicable.
H
=
385
Heat input (mmBtu/ozone season or mmBtu/year)
386
calculated from fuel flow meter and the heating
387
value of the fuel used.
C
d(act)
=
388
Actual concentration of NO
x
in lb/dscf (ppmv x
389
1.194 x 10
-7
) on a dry basis for the fuel used. Actual
390
concentration is determined on each of the most recent test
Electronic Filing - Received, Clerk's Office, February 5, 2009
Page
10
391
runs or monitoring passes performed pursuant to Section
392
217.394, whichever is higher.
C
d(all)
=
393
Allowable concentration of NO
x
in lb/dscf (allowable
394
emission limit in ppmv specified in Section 217.388(a),
395
except as provided for in subsection (g)(4), (g)(5), or (g)(6),
396
or (g)(7) of this Section, if applicable,(multiplied by 1.194
397
x 10
-7
) on a dry basis for the fuel used.
F
d
=
398
The ratio of the gas volume of the products of combustion
399
to the heat content of the fuel (dscf/mmBtu) as given in the
400
table of F Factors included in 40 CFR 60, appendix A,
401
Method 19 or as determined using 40 CFR 60, appendix A,
402
Method 19.
%O
2d
=
403
Concentration of oxygen in effluent gas stream measured
404
on a dry basis during each of the applicable tests or
405
monitoring runs used for determining emissions, as
406
represented by a whole number percent, e.g., for 18.7%O
2d
,
407
18.7 would be used.
i
=
408
Subscript denoting an individual unit and the fuel used.
j
=
409
Subscript denoting each test run or monitoring pass for an
410
affected unit for a given fuel.
m
=
411
The number of test runs or monitoring passes for an
412
affected unit using a given fuel.
413
3)
414
For a replacement unit that is electric-powered, the allowable NO
x
415
emissions from the affected unit that was replaced should be used in the
416
averaging calculations and the actual NO
x
emissions for the electric-
417
powered replacement unit (EM
act elec(i)
) are zero. Allowable NO
x
emissions
418
for the electric-powered replacement are calculated using the actual total
419
bhp-hrs generated by the electric-powered replacement unit on an ozone
420
season and on an annual basis multiplied by the allowable NO
x
emission
421
rate in lb/bhp-hr of the replaced unit. The allowable mass of NO
x
422
emissions from an electric-powered replacement unit (EM
all elec(i)
) must be
423
determined by multiplying the nameplate capacity of the unit by the hours
424
operated during the ozone season or annually and the allowable NO
x
425
emission rate of the replaced unit (E
all rep
) in lb/mmBtu converted to
426
lb/bhp-hr. For this calculation the following equation should be used:
427
428
EM
all elec(i)
= bhp x OP x F x E
all rep(i)
429
430
Where:
431
EM
all elec(i)
=
432
Mass of allowable NO
x
emissions from the electric-
Electronic Filing - Received, Clerk's Office, February 5, 2009
Page
11
433
powered replacement unit in pounds per ozone season or
434
calendar year.
bhp
=
435
Nameplate capacity of the electric-powered
436
replacement unit in brake horsepower.
OP
=
437
Operating hours during the ozone season or calendar
438
year.
F
=
439
Conversion factor of 0.0077 mmBtu/bhp-hr.
440
E
all rep(i)
=
Allowable NO
x
emission rate (lbs/mmBtu) of the replaced
441
unit.
i
=
442
Subscript denoting an individual electric unit and the fuel
443
used.
444
4)
445
For a replacement unit that is not electric, the allowable NO
x
emissions
446
rate used in the above equations set forth in subsection (g)(2) of this
447
Section must be the higher of the actual NO
x
emissions as determined by
448
testing or monitoring data or the applicable uncontrolled NO
x
emissions
449
factor from Compilation of Air Pollutant Emission Factors: AP-42,
450
Volume I: Stationary Point and Area Sources, as incorporated by reference
451
in Section 217.104 for the unit that was replaced.
452
5)
453
For a unit that is replaced with purchased power, the allowable NO
x
454
emissions rate used in the equations set forth in subsection (g)(2) of this
455
Section must be the emissions concentration set forth in Section
456
217.388(a) or subsection (g)(6) of this Section, when applicable, for the
457
type of unit that was replaced. For owners or operators replacing units
458
with purchased power, the annual hours of operations that must be used
459
are the calendar year hours of operation for the unit that was shut down
460
averaged over the three-year period prior to the shutdown. The actual NO
x
461
emissions for the units replaced by purchased power (EM
(i)act(i)
) are zero.
462
These units may be included in any emissions averaging plan for no more
463
than five years beginning with the calendar year that the replaced unit is
464
shut down.
465
6)
466
For units that have a later compliance date, allowable emissions rate used
467
in the above equations set forth in subsection (g)(2) of this Section must
468
be:
469
A)
470
Prior to the applicable compliance date pursuant to Section
471
217.392, the higher of the actual NO
x
emissions as determined by
472
testing or monitoring data or the applicable uncontrolled NO
x
473
emissions factor from Compilation of Air Pollutant Emission
474
Factors: AP-42, Volume I: Stationary Point and Areas Sources, as
475
incorporated by reference in Section 217.104; or
476
Electronic Filing - Received, Clerk's Office, February 5, 2009
Page
12
B)
477
On and after the unit’s applicable compliance date pursuant to
478
Section 217.392, the applicable emissions concentration for that
479
type of unit pursuant to Section 217.388(a).
480
7)
481
For a low usage unit complying with the requirements of Section
482
217.388(c) and used in an emissions averaging plan, the allowable NO
x
483
emissions rate used in the above equations set forth in subsection (g)(2) of
484
this Section must be the higher of the actual NO
x
emissions as determined
485
by testing or monitoring data or the applicable uncontrolled NO
x
emissions
486
factor from Compilation of Air Pollutant Emission Factors: AP-42,
487
Volume I: Stationary Point and Area Sources, as incorporated by reference
488
in Section 217.104.
489
h)
490
For units that use CEMS, the data must show that the total mass of actual NO
x
491
emissions determined pursuant to subsection (h)(1) of this Section is less than or
492
equal to the allowable NO
x
emissions calculated in accordance with the equations
493
in subsections (f) and (h)(2) of this Section for both the ozone season and calendar
494
year. The equations in subsection (g) of this Section will not apply.
495
1)
496
The total mass of actual NO
x
emissions in lbs for a unit (EM
act
) must be
497
the sum of the total mass of actual NO
x
emissions from each affected unit
498
using CEMS data collected in accordance with 40 CFR 60 or 75, or
499
alternate methodology that has been approved by the Agency or USEPA
500
and included in a federally enforceable permit.
501
2)
502
The allowable NO
x
emissions must be determined as follows:
503
∑
=
−
=
m
i
EM
all
i
Cd
i
flow
i
x
1
7
504
(
( )
)
(
*
*1.19410 )
505
506
Where:
507
EM
all(i)
=
508
Total mass of allowable NO
x
emissions in lbs for a unit.
fFlow
i
=
509
Stack flow (dscf/hr) for a given stack.
Cd
i
=
510
Allowable concentration of NO
x
(ppmv) specified in
511
Section 217.388(a) for a given stack, (1.194 x 10
-7
)
512
converts to lb/dscf).
j
=
513
subscript denoting each hour operation of a given unit.
m
=
514
Total number of hours of operation of a unit.
i
=
515
Subscript denoting an individual unit and the fuel used.
516
517
(Source: Amended at
Ill. Reg.
, effective
)
518
Electronic Filing - Received, Clerk's Office, February 5, 2009
Page
13
Section 217.392
519
Compliance
520
a)
521
On and after January 1, 2008, an owner or operator of an affected engine listed in
522
Appendix G may not operate the affected engine unless the requirements of this
523
Subpart Q are met or the affected engine is exempt pursuant to Section
524
217.386(b).
525
b)
526
On and after May 1, 2010, an owner or operator of a unit identified by Section
527
217.386(b)(2), and that is not listed in Appendix G, may not operate the affected
528
unit unless the requirements of this Subpart Q are met or the affected unit is
529
exempt pursuant to Section 217.386(b).
530
c)
531
Owners and operators of an affected unit may use NO
x
allowances to meet the
532
compliance requirements in Section 217.388 as specified in this subsection (c). A
533
NO
x
allowance is defined as an allowance used to meet the requirements of a NO
x
534
trading program in which the State of Illinois participates, administered by
535
USEPA where one allowance is equal to one ton of NO
x
emissions.
536
1)
537
NO
x
allowances may be used only under the following circumstances:
538
A)
539
An anomalous or unforeseen operating scenario inconsistent with
540
historical operations for a particular ozone season or calendar year
541
that causes an exceedance of an emissions or operation hour
542
limitation;
543
B)
544
To achieve compliance no more than two events in any rolling
545
five-year period; and
546
C)
547
If the anomalous or unforeseen operating scenario occurs during an
548
ozone season, it counts as a single event for purposes of the
549
calendar year even if there is an exceedance of both an ozone
550
season emission limitation and an annual emissions limitations as a
551
result of such operating scenario; and
552
DC)
553
For a unit that is not listed in Appendix G.
554
2)
555
The owner or operator of the affected unit must surrender to the Agency a
556
NO
x
allowance for each ton or portion of a ton of NO
x
by which actual
557
emissions exceed allowed emissions, as follows:
558
A).
559
Where a low usage limitation under Section 217.388(c)(2) has been
560
exceeded, the owner or operator of the affected unit must calculate
561
the NO
x
emissions resulting from the number of hours that
562
exceeded the operating hour low usage limit and surrender to the
Electronic Filing - Received, Clerk's Office, February 5, 2009
Page
14
563
Agency one NO
x
allowance for each ton or portion of a ton of NO
x
564
that was calculated.
565
B)
566
For noncompliance of a limitation in an emissions averaging plan
567
which includes low usage units, the owner or operator of the
568
affected low usage unit must calculate the NO
x
emissions using the
569
applicable allowable emissions concentration from Section
570
217.388(a).
571
C)
572
For noncompliance with a seasonal limit in Section 217.388(b),
573
only a NO
x
ozone season allowance must be used.
574
575
D)
For noncompliance with the emissions concentration limits in
576
Section 217.388(a), low usage limitations in Section 217.388(c) or
577
an annual limitation in an emissions averaging plan in Section
578
217.388(b), only a NO
x
annual allowance may be used.
579
E)
580
Notwithstanding the provisions of subsections (c)(2)(C) and
581
(c)(2)(D) of this Section, if a NO
x
annual trading program does not
582
exist, a NO
x
ozone season allowance may be used for
583
noncompliance with the emissions concentration limits in Section
584
217.388(a), low usage limitations in Section 217.388(c) or an
585
annual limitation in an emissions averaging plan in Section
586
217.388(b).
587
3)
588
The owner operator must submit a report documenting the circumstances
589
that required the use of NO
x
allowances and identify what actions will be
590
taken in subsequent years to address these circumstances and must transfer
591
the NO
x
allowances to the Agency’s federal NO
x
retirement account. The
592
report and the transfer of allowances must be submitted by October 31 for
593
exceedances during the ozone season and March 1 for exceedances of the
594
emissions concentration limits, the annual emissions averaging plan limits,
595
or low usage limitations. The report must contain the NATS serial
596
numbers of the NO
x
allowances.
597
598
(Source: Amended at
Ill. Reg.
, effective
)
599
Section 217.394
600
Testing and Monitoring
601
a)
602
An owner or operator must conduct an initial performance test pursuant to
603
subsection (c)(1) or (c)(2) of this Section as follows:
604
1)
605
By January 1, 2008, for affected engines listed in Appendix G.
606
Performance tests must be conducted on units listed in Appendix G, even
Electronic Filing - Received, Clerk's Office, February 5, 2009
Page
15
607
if the unit is included in an emissions averaging plan pursuant to Section
608
217.388(b).
609
2)
610
By the applicable compliance date as set forth in Section 217.392, or
611
within the first 876 hours of operation per calendar year, which ever is
612
later:
613
A)
614
For affected units not listed in Appendix G that operate more than
615
876 hours per calendar year; and
616
B)
617
For units that are not affected units that are included in an
618
emissions averaging plan and operate more than 876 hours per
619
calendar year.
620
3)
621
Once within the five-year period after the applicable compliance date as
622
set forth in Section 217.392:
623
A)
624
For affected units that operate fewer than 876 hours per calendar
625
year; and
626
B)
627
For
units that are not affected units that are included in an
628
emissions averaging plan and that operate fewer than 876 hours per
629
calendar year.
630
b)
631
An owner or operator of an engine or turbine must conduct subsequent
632
performance tests pursuant to subsection (c)(1), (c)(2), or (c)(3) of this Section as
633
follows:
634
1)
635
For affected engines listed in Appendix G and all units included in an
636
emissions averaging plan, once every five years. Testing must be
637
performed in the calendar year by May 1 or within 60 days after starting
638
operation, whichever is later;
639
2)
640
If the monitored data shows that the unit is not in compliance with the
641
applicable emissions concentration or emissions averaging plan, the owner
642
or operator must report the deviation to the Agency in writing within 30
643
days and conduct a performance test pursuant to subsection (c) of this
644
Section within 90 days of the determination of noncompliance; and
645
3)
646
When in the opinion of the Agency or USEPA, it is necessary to conduct
647
testing to demonstrate compliance with Section 217.388, the owner or
648
operator of a unit must, at his or her own expense, conduct the test in
649
accordance with the applicable test methods and procedures specified in
650
this Section within 90 days after receipt of a notice to test from the Agency
Electronic Filing - Received, Clerk's Office, February 5, 2009
Page
16
651
or USEPA.
652
c)
653
Testing Procedures:
654
1)
655
For an engine: The owner or operator must conduct a performance test
656
using Method 7 or 7E of 40 CFR 60, appendix A, as incorporated by
657
reference in Section 217.104. Each compliance test must consist of three
658
separate runs, each lasting a minimum of 60 minutes. NO
x
emissions must
659
be measured while the affected unit is operating at peak load. If the unit
660
combusts more than one type of fuel (gaseous or liquid), including backup
661
fuels, a separate performance test is required for each fuel.
662
2)
663
For a turbine: The owner or operator must conduct a performance test
664
using the applicable procedures and methods in 40 CFR 60.4400, as
665
incorporated by reference in Section 217.104.
666
d)
667
Monitoring: Except for those years in which a performance test is conducted
668
pursuant to subsection (a) or (b) of this Section, the owner or operator of an
669
affected unit or a unit included in an emissions averaging plan must monitor NO
x
670
concentrations annually, once between January 1 and May 1 or within the first 876
671
hours of operation per calendar year, whichever is later. If annual operation is less
672
than 876 hours per calendar year, each affected unit must be monitored at least
673
once every five years. Monitoring must be performed as follows:
674
675
1)
A portable NO
x
monitor and utilizing method ASTM D6522-00, as
676
incorporated by reference in Section 217.104, or a method approved by the
677
Agency must be used. If the engine or turbine combusts both liquid and
678
gaseous fuels as primary or backup fuels, separate monitoring is required
679
for each fuel.
680
681
2)
NO
x
and O
2
concentrations measurements must be taken three times for a
682
duration of at least 20 minutes. Monitoring must be done at highest
683
achievable load. The concentrations from the three monitoring runs must
684
be averaged to determine whether the affected unit is in compliance with
685
the applicable emissions concentration or emissions averaging plan as
686
specified in Section 217.388.
687
e)
688
Instead of complying with the requirements of subsections (a), (b), (c) and (d) of
689
this Section, an owner or operator may install and operate a CEMS on an affected
690
unit that meets the applicable requirements of 40 CFR 60, subpart A and appendix
691
B or 40 CFR 75, incorporated by reference in Section 217.104, and complies with
692
the quality assurance procedures specified in 40 CFR 60, appendix F or 40 CFR
693
75 as incorporated by reference in Section 217.104, or an alternate procedure as
694
approved by the Agency or USEPA in a federally enforceable permit. The CEMS
Electronic Filing - Received, Clerk's Office, February 5, 2009
Page
17
695
must be used to demonstrate compliance with the applicable emissions
696
concentration or emissions averaging plan only on an ozone season and annual
697
basis.
698
f)
699
The testing and monitoring requirements of this Section do not apply to affected
700
units in compliance with the requirements of the low usage limitations pursuant to
701
Section 217.388(c) or low usage units using NO
x
allowances to comply with the
702
requirements of this Subpart pursuant to Section 217.392(c), unless such units are
703
included in an emissions averaging plan. Notwithstanding the above
704
circumstances, when in the opinion of the Agency or USEPA, it is necessary to
705
conduct testing to demonstrate compliance with Section 217.388, the owner or
706
operator of a unit must, at his or her own expense, conduct the test in accordance
707
with the applicable test methods and procedures specified in this Section within
708
90 days after receipt of a notice to test from the Agency or USEPA.
709
710
(Source: Amended at
Ill. Reg.
, effective
)
711
Section 217.396
712
Recordkeeping and Reporting
713
a)
714
Recordkeeping. The owner or operator of any unit included in an emissions
715
averaging plan (e.g., affected units, nonsubject units, units that could be exempt
716
pursuant to Section 217.386(b), and low usage units) or an affected unit that is not
717
exempt pursuant to Section 217.386(b) and is not subject to a the low usage
718
exemption of Section 217.388(c) must maintain records that demonstrate
719
compliance with the requirements of this Subpart Q which include, but are not
720
limited to:
721
1)
722
Identification, type (e.g., lean-burn, gas-fired), and location of each unit.
723
2)
724
Calendar date of the record.
725
3)
726
The number of hours the unit operated on a monthly basis and during each
727
ozone season.
728
4)
729
Type and quantity of the fuel used on a daily basis.
730
5)
731
The results of all monitoring performed on the unit and reported
732
deviations.
733
6)
734
The results of all tests performed on the unit.
735
7)
736
The plan for performing inspection and maintenance of the units, air
737
pollution control equipment, and the applicable monitoring device
738
pursuant to Section 217.388(d).
Electronic Filing - Received, Clerk's Office, February 5, 2009
Page
18
739
8)
740
A log of inspections and maintenance performed on the unit’s air
741
emissions, monitoring device, and air pollution control device. These
742
records must include, at a minimum, date, load levels and any manual
743
adjustments, along with the reason for the adjustment (e.g., air to fuel
744
ratio, timing or other settings).
745
9)
746
If complying with the emissions averaging plan provisions of Sections
747
217.388(b) and 217.390, copies of the calculations used to demonstrate
748
compliance with the ozone season and annual control period limits,
749
noncompliance reports for the ozone season, and ozone and annual control
750
period compliance reports submitted to the Agency.
751
10)
752
Identification of time periods for which operating conditions and pollutant
753
data were not obtained by either the CEMS or alternate monitoring
754
procedures including the reasons for not obtaining sufficient data and a
755
description of corrective actions taken.
756
11)
757
Any NO
x
allowance reconciliation reports submitted pursuant to Section
758
217.392(c)(3).
759
b)
760
The owner or operator of an affected unit or unit included in an emissions
761
averaging plan must maintain the records required by subsection (a) or (d) of this
762
Section, as applicable, for a period of five-years at the source at which the unit is
763
located. The records must be made available to the Agency and USEPA upon
764
request.
765
c)
766
Reporting Requirements
767
1)
768
The owner or operator must notify the Agency in writing 30 days and five
769
days prior to testing, pursuant to Section 217.394(a) and (b) and:
770
A)
771
If, after the 30-days notice for an initially scheduled test is sent,
772
there is a delay (e.g., due to operational problems) in conducting
773
the performance test as scheduled, the owner or operator of the unit
774
must notify the Agency as soon as possible of the delay in the
775
original test date, either by providing at least seven days prior
776
notice of the rescheduled date of the performance test, or by
777
arranging a new test date with the Agency by mutual agreement;
778
B)
779
Provide a testing protocol to the Agency 60 days prior to testing;
780
and
781
C)
782
Not later than 30 days after the completion of the test, submit the
Electronic Filing - Received, Clerk's Office, February 5, 2009
Page
19
783
results of the test to the Agency.
784
2)
785
Pursuant to the requirements for monitoring in Section 217.394(d), the
786
owner or operator of the unit must report to the Agency any monitored
787
exceedances of the applicable NO
x
concentration from Section 217.388(a)
788
or (b) within 30 days after performing the monitoring.
789
3)
790
Within 90 days after permanently shutting down an affected unit or a unit
791
included in an emissions averaging plan, the owner or operator of the unit
792
must withdraw or amend the applicable permit to reflect that the unit is no
793
longer in service.
794
4)
795
If demonstrating compliance through an emissions averaging plan:
796
A)
797
By October 31 following the applicable ozone season, the owner or
798
operator must notify the Agency if he or she cannot demonstrate
799
compliance for that ozone season; and
800
B)
801
By January 31 following the applicable calendar year, the owner or
802
operator must submit to the Agency a report that demonstrates the
803
following:
804
i)
805
For all units that are part of the emissions averaging plan,
806
the total mass of allowable NO
x
emissions for the ozone
807
season and for the annual control period;
808
ii)
809
The total mass of actual NO
x
emissions for the ozone
810
season and annual control period for each unit included in
811
the averaging plan;
812
iii)
813
The calculations that demonstrate that the total mass of
814
actual NO
x
emissions are less than the total mass of
815
allowable NO
x
emissions using equations in Sections
816
217.390(f) and (g); and
817
iv)
818
The information required to determine the total mass of
819
actual NO
x
emissions and the calculations performed in
820
subsection (c)(4)(B)(iii) of this Section.
821
5)
822
If operating a CEMS, the owner or operator must submit an excess
823
emissions and monitoring systems performance report in accordance with
824
the requirements of 40 CFR 60.7(c) and 60.13, or 40 CFR 75 incorporated
825
by reference in Section 217.104, or an alternate procedure approved by the
826
Agency or USEPA and included in a federally enforceable permit.
Electronic Filing - Received, Clerk's Office, February 5, 2009
Page
20
827
6)
828
If using NO
x
allowances to comply with the requirements of Section
829
217.388, reconciliation reports as required by Section 217.392(c)(3).
830
d)
831
The owner or operator of an affected unit that is complying with the low usage
832
provisions of Section 217.388(c) must:
833
1)
834
For each unit complying with Section 217.388(c)(1), maintain a record of
835
the NO
x
emissions for each calendar year;
836
2)
837
For each unit complying with Section 217.388(c)(2), maintain a record of
838
bhp or MW hours operated each calendar year; and
839
3)
840
For each unit utilizing NO
x
allowances for compliance pursuant to Section
841
217.392(c)(3), maintain and submit any NO
x
allowance reconciliation
842
reports.
843
e)
844
Instead of complying with the requirements of subsection (a) of this Section;
845
subsection (b) of this Section; subsections (c)(1) through (c)(4) of this Section;
846
and subsection (d) of this Section; an owner or operator of an affected unit
847
complying with the requirements of Section 217.388(a) and operating a CEMS on
848
that unit may meet the applicable testing, monitoring, reporting and recordkeeping
849
requirements for that CEMS of 40 CFR 75, as incorporated by reference in
850
Section 217.104.
851
852
(Source: Amended at
Ill. Reg.
, effective
)
853
Electronic Filing - Received, Clerk's Office, February 5, 2009