BEFORE
THE ILLINOIS POLLUTION
CONTROL BOARD
N Ox
ENDMENTS TO 35 I
217
R06-22
CE OF
TO: Mr.
John "I'. Therriault
Timothy
J. Fox, Esc1.
nt Clerk of the Board
on Control Board
Illinois Pollution Control Board
Suite 11-500
Champaign, Illinois
61820
100 West
Randolph Street
60601
(VIA FIRST CLASS
MAIL
TRON
LIST)
CE that I have today filed
with the Office of the Clerk of
Board a ENTRY OF APPEARANCE
OF ALEC M.
. RIOS, MO
tfully submitted,
IS ENVIRONMENTAL
TORY GROU
Dated: August
3,
2001
By: /s/ Katherine 17. Hodge
One of Its Attorneys
T. Rios
WYER
& DRIVER
ox 5776
150 Roland Avenue
(217)
523-4100
2705
T HIS FILING
SUBMITTED (7R RECYCLED PAPER
S POLLUTION
CO
ATTER OF:
NOx TRADING PROGRAM:
AMENDMENTS TO
35 ILL.
)
(Rulemaking
- Air)
217
ILLINOIS ENVIRO
ROUP,
and hereby enters his appearance
in this matter on behalf
of
nois Environmental Regulatory
Group.
By:
215 East Adams Street
Springfield, Illinois
62701
(217) 522-55
ZONMEI
TORY
GROUP,
! R UcrcLcets/Pil/RQ6-22 --- Eon,
Electronic Filing - Received, Clerk's Office, August 3, 2009
I
THE MATTE
NOx TRAD
AMENDMENTS
TO 35 ILL.
7
NOW
COT
Rios,
of
R06-22
(Rulemaking
-
IVER, and hereby enters
her appearance in this matter
on behalf of the Illinois
onmental
Regulatory Croup.
Respectfully submitted,
(217) 523-4900
UTION
CON
By:
I ERG:00I/R Dockets/Fil/R06-22
-- FOA for MTR
BEFORE
NOx TRADING PROGRAM:
ENTS TO 35 ILL.
. CODE PART 217
LLUTION CONTROL BOARD
TION
FOR EMERGENCY RULE
D
hereby requests the Illinois Pollut
111. Admin. Code Part 217,
Subpart
OMES the ILLINOIS
EN
'), by and through
its attorneys, Alec M. Davi
ATORY
GROUP
DWYER &
Control Board ("Board") amend
35
to adopt emergency regulations
as provided i
-45 of the Illinois
ates as follows:
In Illinois, the Gene
tion and
ation Plan
Budget Trading Program for Non-Electric Generating
Units ("Non-EGUs"
Section 9.9 of the Act, 415
ILLS 519.9, and the Trading Program is implemented in
35
ogram for Specified
2.
The
current version of Subpart
wires NOx SIP
Call
hold allowances from the United
States
Environmental
Protection Agency ("USEPA")
INT
ort
tion
o f the Illinois Environmental Pro
Board's
11. Admin. Code
§
102.6 12,
-45,
on Act ("Act"),
415 ILCS 5/27(c).
get Trading Program. See 35 Ill. Admire. Code
§
217.456(d).
ly, Section 217.456i(d)
of Subpart U currently
states the
following
with regard to
lowance 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 com171i.anee deductions
under 40
CFR. 96 54
for each
budget unit at the source
subject to tlýis Subpart
in
the budget
lmit'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, emissions
for
the control period (rounded
to the nearest whole ton), as
2)
bject to
coons for all
al NO,
emissions (rounc
o f the allowance trans
Compliance wi
budget units at the
source s
malfunction,
and shut down
accordance with
subsection (c) of this
Section, plus any number
of allowances necessary
to
account for actual utilization
(e.g., for testing, start-up,
and 40
udget un
among
allowance accounts in accordance
with this Subpart
3)
Each ton of NO, emitted by a source
with one or more
excess of the
1 period shall constitute a separate
violation of
f or
e ach budget
unit at the source subject to this Subpart for
4)
1n 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
7 is a limited authorization
to emit one
control
period in
ing Program,
2
issued or permit applicat
xemption
under 40 CFR 96.5 and no
construed
to limit the authority of
authorization.
the United
provi
or limit this
An allowance allocated by the Agency
or USEPA and
Trading Program or pursuant to this Subpart
does
constitute
a property right.
i by USEPA under 40
CFR 96, subpart F
Code
located is deemed to amend
automatically
a part of any budget permit of the budget
unit.
tomatic
amendment o
by operation of law and will not require
any further review,
to or from the source's general
or overdraft account where
allowance
to or from a budget unit'
or Cr, every allocation, transfer, or deduction of an
.456(d).
Illinois industry,
Section
217
allowances for the 2
217.456(d). In addition, most facilities subject to Subpart U also have NC)x SI
in their Clean Air Act Permit Program
("C
s
e
current version of Subpart U and CAAPP permit requirements remain
enforceable by the Illinois Environmental Protection Agency
("Illinois
USEPA, and
citizen
groups.
would no longer i
to Rule
("LAIR") rule
I allowances after the 2008 ozone season; however,
1
Ilinois industry did not know until late in
3
December 2008, what the United
States Court of Appeals for the District
of Columbia
would do with the vacatur of the
LAIR rule. If the LAIR rule
was
vacated, the USEPA would have continued
with
rogram
for non-EGUs ceased to exist
vacated, and therefore,
remains in place in its final
form,
Accordingly, rulemakings continued to move
forward for the federal
LAIR
program for Electric
Generating Units ("EGUs").
6.
after the 2008 ozone season, I-Ioweve
nois EPA has failed to take any
action to
establish a new
regulatory mechanism for issuing NC)x
SIP Call allowances to sources
Subpart U for the 2009 ozone season.
r
Illino
purch;ýýc
C
I
rent version
of Subpart U, they may
purchases
would be deemed in compliance with a requirement
to hold
allowances as requ
SIP Call allowances.
I
understands,
attempted
to purchase NQx S
allowances for
the 2009 ozone season, there may not be enough N(9x
S all
allowances on the market to buy without receiving an
allocation for 2009 from the
i
8.
Should facilities purchase CA
with their current Subpart
to comply
ilities will be unable to
demonstrate compliance since LAIR compliance accounts
i
allowances could be
distributed do not exist for
ces
understanding
that the USEPA will not establish LAIR compliance
accounts for
NOx SI
budget units until a rule is in place
at the state level that provides for t
allocation of CA
ois
Non-EGLTs.
hase of LAIR NOx allowances
presents an unreasonable hardshi
for NOx SIP
Call budget units since sources subject to Subpart
U
have
not planned for
such
a
large
expen
Illinois EPA to their
ve relied on the
allocation of allowances by the
bout the imposition of a fee for the allowances. Now,
because of the Illinois EPA's failure to adopt a rule to bring NOx
SIP Call budget units
Ozone Season Trading
have to
purchase LAIR allowances, which, as discussed, may not
be sufficient to
demon stra
l 0.
e comp
with the current Su
In addition, those
anies that are publicly held
ility on
Securities and Exchange
such companies would be required to identify
"known
trends or any known demands, commitments, events or uncertainties that
will
result in or that are reasonably likely to result in the registrant's
liquidity
7 C.F.R. ý 229.303
1
regulations to implement a
failure of Illinois EPA to ado
nt
the applicable fedcr
9.9 requ
ies. It is
our
m 303}.
Agency propose and the
5/9.9.
The
ions for the NOx trading program
that meet and
ion 9.9 of the Act and renders the
is a violation of the
is NOx trading
program
noncompliant and inoperable.
Since the
Trading Program and there is no state mechanism currently available that provides for
the
suance of LAIR also
lities and prompt the
USEPA
to establis
facilities.
12.
ace the current
version of
Subpa
Act, IERG respectfully requests the Board, pursuant to its authority to adopt an
to rep
order to require that the Illinois
does not administer the NOx Budget
compliance
accounts for such
Therefore, in an effort to develop a quick yet thorough solution to this
intain compliance with the statutory
mandate
set forth in Section 9.9 of the
s Exhibit
sources subject to Subpart U, an emergency ru
tly
r evised
icability requirements, as found in the current Subpart U.
'FU
E S PROCE
13.
Action on
IERG's AIt
ion for
with t
ibute allowances to impacted
on,
IERG filed a Motion for Expedited
I ("Motion for Expedited Action") with the Board.
ction requests that
the Board take expedited action on
IERG's alternative proposal to
EPA's proposal
a
the purpose and effect of the alternative proposal,
sed amendments.
IERG hereby
Motion for Expedited Action for consideration by the Board as part of t
Electronic Filing - Received, Clerk's Office, August 3, 2009
formation
in the Motion for Expedited Action is relevant
to this Motion for
Emergency
14.
On Septet
Code Part 225 to imp
ober 16, 2007, the USEPA approved the Illinois SIP revision to
season trading programs
under LAIR, applicable only to EGUs. 31 Ill. Reg.
12864
7 , 2 0 07).
1 5.
LAIR for EGUs. In doing so, the USEPA stated:
Illinois' LAIR submittal does not
fully address the replacement of the
NOx SIP Call. Illinois' LAIR NOx ozone season trading program
addresses the emissions froth EGUs and do [sic] not address emissi
from non-EGUs
that are covered by the NOx SIP Call trading program,
16.
u
05, that
some action would need to be taken with regard to Non-EGUs. 70 Fed. Reg. 25162
(May 12, 2005).
ion Plans of Illinois: Clean Air Interstate Rule, 72 Fed. Reg.
2007, Illinois adopted amendments to
35 Ill. Admin.
sulfur dioxide ("SOT'), NOx annual, an
EPA took action to esta
for the USEPA to take action in
regard to LAIR. See Status Report, In the Matter of NOx T
e Part 217, R06-22
(Il1.Pol.Control.Bd. Oct. 30,
king here
ol.Control.B
reference
(disc
ted as R06-22) and Status Report, R06-22
r. 9, 2009); see also Motion for Expedited Action,
incorporated by
linois EPA's status reports filed with the Board in this matter.)
17. The
USEPA has spoken as to the
issue of what would be required to
from Non-EGUs under
the LAIR rule.
ed by the
NOx SIP Call do not wish to use
EPA's CAIR
ozone season NOx trading program
to achieve reductions from
non-EGU
boilers and turbines required by the NOx
SIP Call, they would be requ
a
SIP Revision deleting the requirements
related to non-EGU
participation in
the NOx SIP Call Budget Trading Program
and replacing
them with new requirements
that achieve the same level of reducti
70 Fed. Reg. at 25290.
18.
of the NOx SI
trading program.
has further in
how a state can meet the requirements
on-EGUs
through participation in the
CAIR ozone season
g Program into the
ig in
udget and applicability requirements
t Trading Program; and (2) to
1 of the emissions reductions required under the
CAIR from
:one season NOx tradi
19.
In the Status Report filed with Hearing O
and indicated
replacing Subpart U was Spring 2009. Status Report,
R06-22
rol.Bd. Mar. 9, 2009
Rule, Illinoi
has
taken no ac
i n
of this Motion for
to replace Subpart U and establish a new
Ox allowances for
the 2009 ozone season to sources
to Subpart
U.
Further,
to date, the llinois EPA has not submitted a SIP Revision
Electronic Filing - Received, Clerk's Office, August 3, 2009
deleting the requirements related to the NOx SIP Ca
ading Program for Non-
EGUs and replacing them with
new requirements achieving the same level of reduction.
2 0.
a tory mechanism for issuing
allowances, each ton
of NOx. emitted during the control
2009, cons
See 415 I.LCS 5/42(a) (any
$50,000
violation of the
Act, as set forth in Section 217.465(d)(3).
d $10,000 for each
day such violation continues). However, as
stated above,
even if sources purchase
such
nts do not exist for Illinois'
Call allowances, and even if holding CAIR NOx allowances
meets the requirements of
Subpart U, at this time, CAI
o the failure
of the
would be deemed
in compliance with the requi
is EPA to take ac
Ozone Season Trading Program.
21.
establish a NOx trading pro
September
30, 2009.
22.
lating the Act is subject to civil pena
allowances. it is uncertai
the development
of an emergency rule to
2009 ozone season, whic
od ending on November 30,
s, as described in Exhibit 1, proposed
by
ted by the USEPA
to satisfy the NOx SIP Call requirements by
bringing NOx SIP Call budget
un
the same Non-EGU budget,
Ozone Season
Trading Program
or exceptions (as explained in the
Motion for
ction,,
incorporated by reference in paragraph
13 above) and appii
requirements that are in the existing Subpart
U.
Electronic Filing - Received, Clerk's Office, August 3, 2009
23. Section 102.612 of the Board's regulations provides:
Section
5-45 of'the 1A.PA [415 ILLS 27
When the Board finds that a situation exists which reasonably
constitutes a threat to the public interest, safety, or welfare, the
Board may adapt regulations
pursuant
to and in accordance with
b)
When
the
Board
finds that
a
severe
public
health emergency exists,
the Board may, in relation to any proposed regulation, order that
such regulation shall take effect without delay [415 ILLS 5/27(c)].
The Board will proceed with any required hearings while the
regulation continues in effect.
102.612.
24.
(a) "Emergency"
APA provides, in pertinent part:
situation that any agency
finds reasonably consti
is interest, safety, or
welfare.
nds that an emergency exists that requires adoption of
s
thin, i,; required by Section
5-40 [S ILCS 10015-40]
its r(x:;ons for that finding, the agency may adopt an
y rulemaking with the Secretary of State under Section
'5-701.
The notice shall me]
nois Register. . . . Subject to
cy
rule becomes
-65 [5 ILCS 10015-65] or
statement
of the specific reasons
filing a notice of
's finding and a
filed with the rule.
The agency shall take reasonable and appropriate
measures
to
snake
emergency rules known to the persons
who may be affected by them.
(c) An emergency rule may be effective for a period of
not longer
than
days, but the agency's authority to adopt
an identical rule under Section 5-
40 [5 ILCS 10015-40] is not precluded.
00/5-45.
10
25.
27(c) of the Act provides, in pertinent
When the Board finds that a situation exists which reasonably constitutes a
threat to
the public interest, safety or welfare, the Board may adopt
regulations pursuant to and in accordance with
Section 5-45 of the
Administrative Procedure Act [5 ILLS 10015-4S].
/27(c).
26. An
"emergency"
is presen
Zployment of the emergency
procedures under Section 5-40 of the IAPA, when "there exists a situation
bly
constitutes a threat to the public interest,
safety or welfare." Citizens
v. Pollution Control Board et al., 152111. App. 3d 105,
504 N.E.2d 166, 169 (1st Fist.
1987)
(
27.
fter "CBE") (Emphasis in
original.)
(holding
(h) were nvalid
because
no
emergency
doptmg an
emergency rule establishing regulations
108.
Board lacked authority because
defined by section. 5,02` of the I
d -
a t
res." Id. at 109. The Board argued that the emergency
would
reduce
the
"numbers of appeals to the Board" regarding waste strea
would ease the "transition
period when final rules [were] adopted," and gave effect to
Section 39(h!
executing."
Id
ment [could] be made that section 39(h) [was] not self-
.02 of the IAPA
was renumbered to Section 5-45 in 1991. See Public Act 87-823
28.
d
that "the need to adopt emergency rules in order to
alleviate an administrative need, which, by
itself,
does
not threaten the
welfare,
does not constitute an `emergency."' Id. The Court, however, stated in regards
to the delay in
the
the emergency rulemaking
the delay has resu
29. Unlike
in
CBE,
the subject of this rulernaking is not solely administrative.
lema
t he pu
the use of section 5.02 proper." Id. at 110. Thus, CBE establishes that an emergency
aking
is inappropriate to alleviate administrative needs only, but may be ap
instance where failure to promulgate
a rule would th
a ll bud
B less. Failure on the part of
the Illinois EPA to give full effect to Section 9.9
of the Act defies
the public interest, specifically those
get
t comply with Subpart
U or face potential liability for not doing so.
This is
more than a mere
admini
deficiency on the part of
the Agency, as facilities that
own or operate NC3x SIP Call budget
un
ate of Illinois will face substantive
cts which constitute a threat to the public interest.
_ Jt'nlt;llts r ema
in -
I
elfare is
SIP Call
or face potential liability for not doing
so. By failing to establish a
g program for
Non-EGUs, Section 9.9 of the Act is rendered
not only inoperable,
Court explained.: "In this case section 39(h)
was enacted in 1.981 and was to become effective
later on January 1., 1987. Nevertheless, work on
implementation. rules as to section 39(h)
begin until June of 1986 and
rules were not issued until October of 1986." Id.. at
11.0.
1 2
"We do not hold that in all instances of delay
of section 5.02 cannot be utilized. Rather, only
when
where, according to the
Board, it was clarifying Section
39(h) of the Act and preventing
confusion
and ap
NOx trading
e by adopting
emergency rules, here,
the Illinois EPA
ere
to Section 9.9 of the Act, which mandates
the implementation of a
rogram.
30. In the past, the Board has
issued emergency rules based
on the threat of
economic hardship
and potential liability to affected facilities,
which were determined
to
to the public interest
warranting immediate action. In
In the
of: Emergency
Rule Amending the Stage 11 Gasoline
.586(4),
the Board found that uncertainty
as to
the USEPA's position regarding
the promulgation of court-mandated onboard
vapor
to meet
a compliance deadline to install
Stage
11
vapor
recovery
equipment, which outlays would be unnecessar
onboard vapor recovery rules.
Gasnlinc
ntrol.Bd. Mav 20. 1993). In adorrti
he Board
aking by the Board
Ill. Adm.
Code 2
. The record in this case demonstrates that facilities
in
o-East area that should
recovery requirements by May 1, 1
hardship if forced to comply at this time. The court mandate for
USEPA
ate onboard controls, which potentially may
ro-East facilities to comply with
Stage 11 requirements, creates
ble uncertainty until the USEPA provides
guidance. Moreover, the
the
Litter
of: Emergg-icy
Rule Amend
13
*8. (Emphasis added.).
31
P
B oard granted an
lower RVP gasoline and alleviated the
hardships
le to address inconsistency between federal and state
ee dates for supp
to re
ibutors, and bulk gaso
ping froth
compliance
dates. In the Matter of. Emergency Rule Ame
Pressure R equirement
. Code 219.585(a), the
.2 psi Reid Vapor
ast Area, 35 111. Adm. Code 219.585(x).
R95-10 at
*3-5 (Ill.
Pol.Control.Bd. Feb. 23, 1995).
32.
id potential for liab
interest. Owners
and
operators
ings
described above, economic
ustrial facilities is a threat to the
all budget units subject to the current
ardship should th
comply with the requirement that sources
hold NOx SIP Call allowances on
to purchase NOx S
is EP
omic
lowance distribution
from the
lllinoi
quently, did not plan
for such a large expenditure for the purchase
allowances poses
a threat to the financial
purchase
LAIR
allowances
. Further, as referenced, even if the sources choose to
e
09. In the past, sources have not had
o comply
with
Subpart
U, th
14
which to demonstrate compliance because sources do not have CAIR
compliance accounts
33.
The
threat to the public
interest is
also rec
November 30, 2009 as required by Subpart U. At that time, sources not
allowances will be in violation of not only Subpart
USEPA, the Illi
its to be d
eject to Subpart U will face if they do not hold allowances on
to hold the allowances.
so their CAAPP permits.
parties may all seek enforcement against facilities for
gulations and CAAPP permits. In addition, the SEC requires potential
34. Analogous to the issues in the R93-12
rulemaking, in
-EGUs subject to Subpart U will be forced to purchase C
for the 2009
ozone
season, or leave themselves exposed to legal
fail
to purchase and
hold
such
allowances. This hardship faced by the industry
uit i
conflicting
v. EPA
litigation, as well as the Illinois EPA's subsequent failure to act to establish the necessar
one season and
beyond. Such hardship could not have been avoided
by Illinois industr
35. Accordingly, there
is a sound basis for adopting the emergency rule,
to the public
interest
that
warrants
in order to alleviate the threat until a permanent rule can be adopted.
15
36.
lained above and in the
s known since December 2008
ion for Expedited Action, the
Illinois
NOx reductions
would remain in
the LAIR
obligations for meeting i
for Illino
inal deadlines and timeframes associate
. However, the Illinois
has failed to take action to develop a rule to comply
with the deral NOx SIP Call
r eme
o zone season.
37.
bution of allowances for the
2009
Board regulations clearly provide that
the failure of
ubject to Subpart IJ to hold allowances
for each ton of NOx emitted is a
. Thus,
there is an urgent need for
dopted in time to allow distz
rgency rule to esta
2009 ozone season.
38.
To date,
the Illino
.9 of
the
ndustries without any
change to the
nothing to address the
NOx SIP Call
's failure to act, IERG
-gency
rule, as detailed in Exhibit 1,
in order to
address the hardship,
1
by owners/o
allowat
Non-EGUs should they not hold
the req
on
November 30, 2009.
39.
It is IE
the ozone season
(September 30, 200
2009 NOx allowances
to th
rule be adopted for the 2009 control
perio
faced
end of
onsider allocating the
tive that an emergency
16
40.
The Illinois EPA's failure
to replace Subpart
U and establish a new
regulatory
mechanism for issuing
NOx allowances for the 2009
ozone season to
ndustries
s
operate the
facil
ct to Subpart U are required
by exis
o Subpart U has placed
the State's owners/operators
of affected Non-
1
osed them to liability.
Since the USEPA ceased to
federal
NOx SIP Call trading program
after the 2005 ozone season,
an
allowances to cover
rice
ssions for the 2009 ozone season,
it is imperative that
an
emergency
rule be adopted in order
to provide a mechanism by which
the Illinois EPA
ces for the 2009 control
WHEREFORE,
for the above and foregoing
reasons, the
requests the Illinois
n Exhibit 1, to this
Dated:
August 3, 2009
By:
/s/ Katherine D. Hodge
One of Its Attorneys
D. Hodge
General Counsel
N. LaDonna Driver
YE
T . Rios
P ost Office Box 5776
(217) 522-5512
Springfield, Illinois 62705
(217)
523-4900
C ERG:00t/RDockets/Fil/R6-22/Motion
for Emergency Rule 8.03.09
1 7
Electronic Filing - Received, Clerk's Office, August 3, 2009
Section 217.104
Incorporations by Reference
The following
materials are
The
phenol disulfonic acid procedures,
as published in 40 CF
Method 7 (2000),
any
later
amendments or editions,
b)
40 CFR 96, subparts B, D,
G, and H (1-992009);
0, Appendix A,
40 CFR
96.1 through 96.3, 96.5 through 96.7,
96.50 through 96.54, 96.55 (a)
&
(b), 96.56 and 96.57
(-1.992009),
d)
40
CFR 60, 72, 75 & 76 (20096);
e)
Alternative
Control Techniques Document---- NO,
Emissions from Cement
Manufacturing,
EPA-453/R-94-004, U. S. Environmental
Protection Agency-
Office of Air Quality Planning
and Standards, Research Triangle
Park, N.C.
27711,
March 1994;
int
and Area Sources, U.S.
y-Office of Air Quality Planning
and Standards,
c orated
by reference. These incorporations
do not include
uring, AP-42 Compilati
40 CFR
0,
k )
ar
7 , 7A, 7C, 7D, 7E, 19, and 20 (2000);
Carbon Monoxide, and
Oxy
rocating Engines, Combustion Turbines,
Boilers, and Process I-leaters
ortable Analyzers (2000);
bustion Turbines, 40 CFR 60,
of Air Pollutant Emission
Factors:
c , i r;cý1`i 'l'ra
- 42, Volume 1.
sLlb parts
2
(Source: Amended at -1-414:-Re- -14 4, effective
Electronic Filing - Received, Clerk's Office, August 3, 2009
Electronic Filing - Received, Clerk's Office, August 3, 2009
Electronic Filing - Received, Clerk's Office, August 3, 2009
Electronic Filing - Received, Clerk's Office, August 3, 2009
lttý
I
Electronic Filing - Received, Clerk's Office, August 3, 2009
111;
=
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ONE SEASON
TRADING PROGRAM FOR
on 217.450
Purpose
to
control the seasonal
emissions of nitr
Definitions
The following definitions apply for
the purposes of this Subpart.
Unless otherwise defined
in
this
Section
or a different meaning
for a term is clear
from its context the terms
used in this
Subpart have the meanings specified
in 35 111. Adm. Code
201 and 211.,
K
-_-
U.dggt p ernut"
rhea
}twins fede
the
Illinois Pollution Control
Board. [415
ILLS 5/3.1301
nce with
40
CFR 96,
or
more of the following
pro
,
.
CAIR NO X Ozone Season
"LAIR NOx Ozone Season
Trading
Budget" means the
total LAIR NOx Ozone Season
allowances issued
to the A ency by
the United States
Environmental Protection
A ency
for allocation
to LAIR
NOx Ozone Season sources.
Electronic Filing - Received, Clerk's Office, August 3, 2009
1
combustion turbine,
le-system
with a maximum
design heat irnDut greater than
250
accordance with Sections
217.456 and 40 CFR 96.354 as incorporated by
reference in
Section 217.104.
"NOx Trading Program" means
a mutt
40 CFR. 51.121,
as a means of mitigating
oxides
to fulfill the requirements of the NOx SIP Call.
Section 217.454
Applicability
P
art 96
and
pursuant
port of ozone and nitrogen
in
-lpnendix h of this Part irrespective
of any subsequent
electrical output capacity shall be
determined by multi
its at the source are initiall
Ozone Season
allowances
available for use for a
contro
I R
NOx
Ozone Season emissions limitations
in
;rogen oxides air pollution control
and
ship unit designation,
or name of the unit; or
t
ou ut capacity
of the unit Fifty percent
of a un
488
MWe/mm
unit
is subject to the provisions of
this
Subpart:
or
Is part of any source,
as that
Section 211.6130
listed in Appendix E of
this Part.
Those units
that
meet the above criteria
and are subject to the LAIR
NO,,
Ozone
Season
Trading
Program emissions
limitations contained in this Subpart are
budget
units.
Electronic Filing - Received, Clerk's Office, August 3, 2009
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 obtai
enforceable
conditions that meet the
requirements
with the effective date of such permi
requirements of Section
217.470.
d) The owner
or operator of any budget unit
not listed in Appendix E of this
Part but
to this Subpart shall not
receive an allocation of NO,, allowances
from the
erail
o n 217.4700.
Starting
CAIR NOx Ozone Season
Trading, Budget, except for any allowance
from the
pursuant to a
permanent
trans
217.464(b) of this Subpart.
ordance with Section
217.466 of this Subpart.
ust acquire NO,ý
allowances in an
amount not less than the NOX
ions from such budget
unit during the control period
(rounded to the nearest
whole ton) in accordance
with the CAIR NOx
Ozone Season Trading Program
or
e)
This Subpart
does
not apply to the
following boilers used to combust
a
c ontrol CO emissions from
the
fluidized catalytic cracking
unit FCCU),
the refined
located at Lemont Illinois
Boilers
be
subiect
only
to the
b oiler
6017-1 at the rc
in Channahon/Joliet, Illinois,
the waste
iei;y
located
in Robinson,
Heaters/Boilers CCU
CCU No. 2 at the
refinery located in Roxana,
:asoii
Source
96.306);
40 CFR 96 subpart BBBB
CAIR Designated Representative
for CAIR
b)
__Permit
requirements.
source
must apply for a permit
issued b the
Agenc
The designated representative
of each source
with one or more budget
ceab
, and
Electronic Filing - Received, Clerk's Office, August 3, 2009
Trading Program "CAIR ermit" that complies with the requirements
of
Section
217.458 (Permit Requirements,)
ch CAIR Nox Ozone Season source and each
budget unit at the source must operate
the
budget unit
in
compliance
wi
its
CAIR permit.
modified to include a CAIR permit.
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
o f each CAIR NO,, Ozone Season source
and
each
budget
Program shall be deemed in comp
permitting requirements until the source's
CAAPP permit is
pliance of each CAIR NOx Ozone
Season source subject to the
r ements
of
subsection
(
c)(1) o r subsection (c)(3)(A) o f this Sect
t
he
control period NO- emissions limitation under
subsection
d`}
of
this Section s
and reported in
accordance with 40 C
A) The owner or operator of eac
it's permit. The
4
ith the requirements of 40 CFR 96, subpart
by an
for the budget unit approved b
ator of USEPA pursuant to the
of 40 CFR 75, subpart
E. Such alternative monitoring
e dures must be contained as federally
enforceable
conditi
le as ap
s
of this
SubDart, the
Electronic Filing - Received, Clerk's Office, August 3, 2009
the CAIR NO, Ozone Season emissions limitation pursuant
subsection (d) of this Section will be determined by
the emissions
orded
and reported
in accordance
with
the
itoringprocedure for the budget unit approved by the Agency
d)
Emission
requirements'.
rator of USEPA pursuant to the provisions 0140
d eadline midnight of November 30. 2009,, and
30 of each subsequent year
if November 30 is a
0
compliance account. If November 30 is not a
ance transfer
deadline
means by midnight of the
after. The number of allowances held may not I
onstrated if as
_of
the
e the sum of the allowances available for
for
all budget units at the source subject to this
than the total NOX emissions (rounded to the
units at
control period starting on the
later of
6.370(b)(1), (b)(2) or
Electronic Filing - Received, Clerk's Office, August 3, 2009
Season allowance
is
ated.
e Season allowance is a limited authorization to emit
in accordance with the CAIR NO
_Ozone
Season Trading
ovision of the CAIR NO,, Ozone Season Tradi
pursuant
to
limit the au
this authorization.
7)
A
CAIR
NO,,Ozone Season allowance does not constitute a property
right,
allowance to or from a CAIR NO,, Ozone Season so
ance account is deemed to amend automatically, and
CAIR hermit of the CAIR
NO.
Ozone
Season
sourc
automatic amendment of the CAIR
,permit
will be deemed an operation of
law and will not require any
fe)(DW_throud
()(1_)D) of this e
from the date the
document
The certificate of representation
for the
CAIR
budget unit
at the source, all documents that demonstrate the truth
of the statements in the certificate of representation, movided that
the certificate and documents must be
retained on site at the
source
monitorins information,
17.456(c)..
ports, compliance certifications, and other
1 records made or reauired
Electronic Filing - Received, Clerk's Office, August 3, 2009
Subpart U.
g Program
or documents
necessary to
ith the requirements of the CAIR NO
ding Program or with the requirements of this
D ) Copies of
all
documents
used
to coMlete a CAIR permit
application and any other submission or documents used to
OX Ozone Season
a ding Program.
source must submit to the Agency and USEPA
ding Proeram,
including those
pursuant
to 40
3 )
l e report as referenced
in 40 CRR Section 96.374, within
arts and compliance certifications required ursuant to the CAI
the 2009 contro
Liability:
ing the end of the 2009 control period.
a bud vet unit may excuse an
the source.
he owner
and operator of the budget
unit. Except with regard to the requirements
applicable to budget
units with a common stack under
40 CF
HHHH the owner and operator and
the account represen
it shall not be liable for am
violation by any other budget unit of
n ot an owner or operator
or the CAIR designated
Electronic Filing - Received, Clerk's Office, August 3, 2009
representative and that
is
located at
a
source of which they
are
not
an
owner or operator or the
CAIR designated representative.
n tative of a budget unit that has excess
control period
must
surrender the allowances as
reauircd
for deduction pursuant to 40 CFR 96.354(dlU
of a budget unit that has excess NQ,, emissions in
w ith
any
other
remedy imposed
96.35
40d
f2.
n penally, or assessment or comply
t to the Act and 40 CFR
i
O
e xemption pursuant to 40 CFR 96.305 will be construed as exempting or
excluding the owner and operator and, to the extent applicable, the CAIR
Section 217.457
Appeal Procedures
of each
CAIR NOx Ozone Season source wit
r equired
to submit:
a
complete
CAIR permit applicat
of this Section.
Electronic Filing - Received, Clerk's Office, August 3, 2009
ation
c omplete and segre ag, ble portion of the source s entire pennit
to subsection (a)(1) of this Section.
omplete certificate of representation for a CAIR designated
r epresentative pursuant to 40 CFR 96, subpart BBBB, for the CAIR
N
Ozone Season source and
the
budget
unit at the
source.
4)
For all budget units that commenced operation before October 1, 2008, the
o wner or operator of the unit must submit a CAIR perrnit appplica
, 2008, the
for construc
ions 29 and
and the
requirements of
this
Section on or before November
1,, 2009.
its and
ections 39 and 39.5
of the
1
ource by the Energy Information
luded, if applicable-,
n tification of
each budget un
ntain federally enforceable conditions addressing all
I
Season Trading Program recui
Electronic Filing - Received, Clerk's Office, August 3, 2009
C)
The compliance requirements applicable
to each
budget
unit as set
forth in
Section 217.456;__ and
3)
nt to the requirements of this Section, it will be
incorporated into
's
existing federally enforceable permit.
n Section 217.104,
art 211,
Section
217.103, Section
ordation of USEPA under
40
CFR 96, subparts FFFF and GGGG,
as
e ction 217.104,
every
allocation, transfer, or
ject to this Subpart opting
t
NOx Ozone Season
NO, Trading Bu
pursuant to the requirements for opt-in
bud
217.474 of this Subpart.
The Agency
io
ct to this
is
liiance
ctions 217.472 and
for allocations
in subsection (a) o
D)
ation of why each
budget
unit is sub
o f Section
217.454 of this Subpart.
An application for a LAIR permit will be treated as a modification
of the
CAIR
NO,,
Ozone Season source's existing
federally enforceable permit,
if such a permit
has
been
issued for that source and will be subject to the
same procedural
requirements. When the Agency issues a CAIR permit
Electronic Filing - Received, Clerk's Office, August 3, 2009
tpursuant to the
requirements for low-emitters in
Sections 217.454(c)
and 217.470 of
this Subpart.
S ection 217.461
Timing
or f,
Ozone
Season Allocations
On or before September 1
2009 the Agency will submit
to USEPA the CAIR
b )
(90)
days of the effective date of
this rule, the
llowanee allocations
in accordance with Sections 217.462
64 for the 2009 control
period.
erg iods.
of
allowances under
to
issue allowances for multiple control
periods in order to eventuall
distribute allowances beyond
the 2009 control period,
it is necessary for the
will submit
on allowance allocations in
accordance
17.464,
for the 2010 2011 2012
and 2013 control
(BOARD NOTE: Because the Agency
did not have a mechanism
in place to
17.462
and 217.464 for the
control perio
ine for submission
pursuant
to this Section.
For example, on
0 , the
Agency will submit to USEPA
the allocation for
the 2014
4 for the
gency will
allocate allowances
7.466.
The Agency will report
icable control period
e xample, on July 31,
2010,
from
the NUSA for the 2010 control
Section 217.462
Methodology for CalcLilatin
Ozone Season
Allocations
Electronic Filing - Received, Clerk's Office, August 3, 2009
wances in
the
CAIR NO, Ozone Season
Trading Budget apportioned
to budget units under Section 217.460 of
this Subpart subject to adjustment
as provided in this Subpart.
These allocations will be issued
vided in subsections
(a) ands b) of this Section,
as follows:
a)
The Agency will allocate
to each budget unit that is
listed in Appendix E of this
Part the
number of allowances listed in Column
5 of Appendix E of this Part
for
that budget unit for each seasonal
period of the program except as provided
in
Section 217.464(b) of
this Subpart The Agency will report
these allocations to
USEPA each year by July
31 for the control period four
years after the applicable
deadline.
(BOARD
NOTE: The Agency
has issued allowances to the owners/operators
of
subject budget units
for the 2007 and 2008 ozone control
Agency did
not issue allowances to budget
units
io
allowances
remain in the NUSA after any
allocation, the
inning allowance
pro-rata to the owner or
operator of
the
budget
units listed in
A endix E of this Part to
the extent a whole
allowance ma be allocated to an
such owner or o erator.
The A enc will
make such allocation by August
15 of each
year. If there are insufficient
such owner
or operator of a
E of this Part.
such
allowances
shell be retained by
the UaA shall be
allowances
to
the
owner
or operator
of existing budget
.units
listed
in
ix E of
this Part on a pro-rata
basis such accumulated
whole
o cate
ro-rata
to such owner or
operators.
n 217.464
Ozone
Season
Electronic Filing - Received, Clerk's Office, August 3, 2009
this Part identifies the sources with existing budget units subject to
this Subpart and the number of
NOX
allowance allocations that each such budget
eligible to receive each control period, subject to adjustment in accordance
ection 217.460 of this Subpart and for transfers made in accordance
with
e ction b) of this Section. Each CAIR NOx Ozone Season source's allocation
will
be adjusted proportionally
based on the adjusted CAIR
T rading Budget as provided by Section
217.460 of
this Subpart.
b) The owner or operator of budget units subject to this Subpart may permanen
transfer all or part of their allocation of allowances pursuant to Column 5 of
Appendix E of this part subject to adjustment in accordance with this Subpart,
to
another budget unit subject to this Subpart, or to a budget unit subject to Subpart
E of Part 225. Such
transfer will be effective by submitting a written request to
that is signed by the CAIR designated representative
for
the
et
unit and
containing
the account number for the recipjeý
budget unit. The owner or operator of budget units subject to his Subpart may
not permanently transfer all or part of the NUSA indicated as the difference
between Column 4 and Column 5 of Anpendix
E
of
this
Part.
provisions o f thi
.466
New Unit Set-Aside
nd
each control
period thereafter, the Agency will allocate CAIR
NUSA to "new" budget units that commenced
or agy preceding control
period pursuant to Section 217.464,
,gýRrocedures:
0
lowances equal to 3% of each source's initial
total
CAIR NOX
Ozone
Season Trading Budget allocation as reflected
in Column 5 of Appendix E
of this Part which is 139 allowances
for
each control period.
The allocation
for
the NUSA from each source shall
be based on 3% of the source's initial
d
iustment
to any such source's current
0 control yeriod
and each
contro
d do
i11 establish a separate NUSA
for each control period. Each
another source or
Electronic Filing - Received, Clerk's Office, August 3, 2009
allowance for every ton of NO, emitted during
.45
c ) The CAIR designated representative of a "new" bud et un
Agency a request, in a format specified by the Agency to be allocated CAIR NOx
Ozone Season allowances from the NUSA, startin2 with the first control period
d )
o ntrol
period
in which the new unit commences commercial operation
e third control period after the control period in which the unit
d after a new unit has o ep
rated durinz one control period,
and no
o f the control
period
for which allowances from the NUSA
are
c ommenced commercial operation. The NUSA allowance allocation request may
cate allowances from the NUSA to a new budget u
ocedures:
2 000
s ubject
to
this
Subpart that have
seasonal
3
control
periods
prior to the allocation
of the budget unit's 2 highest seasonal heat inputs
from the control periods I to 3 years prior
to the allocation
Where A =
allowances of NO-/control period.
3)
The
projected heat
input shall be determined as set forth below, divided by
Electronic Filing - Received, Clerk's Office, August 3, 2009
For "new
budget
units subject to this Sub
D)
For
"new" budget units subject to
this
Subpart that have not
e )
d for at least 77
ar, the budget unit's maximum design
o ntrol period as designated in the construction permit.
i
ll
review each NUSA allowance allocation request pursuant to
c
0
ion request only if the request meets, or is adjusted b
necessary
to meet
the
requirements of
this Section.
If the Agen does not receive payment by June 1 S 0f
the
applicable veer,
the
ntative
that
iod, the Agency
will notify
each CAIR
from the NUSA
purchase for the "new" budget unit pursuant to the requirements of this
it
he appl
t;)
The price of allowances
from the
NO, Ozone Season Trading Program allowances were traded in the interstate
_to
of allocated allowances, subject to Agency administrative
costs
le
of
allowances will be distributed
Season Trading
Program
__for
the preceding control period.
9 .9 of the Act.
Electronic Filing - Received, Clerk's Office, August 3, 2009
the control period commencing three
control periods after the control period
in
which the unit commenced commercial
operation, pursuant to this Sect
completion of the procedures
in this Section 217.466 for a control
n allowances remain in the
ocate those allowances pursuant
to the provisions of Section
217.462(b).
Section 217.470
Low-Emitter
Requirements
in Section 217.454(c), a budget unit
electing low-emitter status shall be subject only
to the requirements of Section
217.454(c) and
the following requirements:
a)
Far each control
eýriod the owner or operator
elects low-emi
federally enforceable permit conditions
must:
or less,
4)
relv on these
monitoring pr
by using the monitoring
provisions of 40 CFR 75,
or if the unit does not
A)
NOx emission rate.
0.7 lbs/mmbtu for combustion
turbines burn
control period; 1.2
lbs/mmbtu for
B)
for the control period to
25
ral as
s/mmbtu for boilers burning
any fuel of
d er subsection
la)(4)fA)
o f this Section by
the unit`s maximum rated
hourly heat input
which is the
higher of the manufacturer's
maximum rated hourly
Electronic Filing - Received, Clerk's Office, August 3, 2009
lication require
hourlXheat input specified by the manufacturer or the
h ighest obsetved 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
for the unit's
Agency
may approve
sue
l
ower
value
if the owner or
operator
demonstrates
that the
ifications have been made to the
unit that permanently
limit
it's cý
5)
Require that
for
S years at
the
source
that includes
the unit, records
that the operating hours restriction, the fuel use restriction
h e highest observed hourly heat input. The owner or
and the other requirements of the permit related to these restrictions
were
6)
Require that the owner or operator of the unit report to the A Enc. for
unit's hours of operation (treatin
heat input
and fuel use by
of the followin occurs:
o rally enforceable conditions
T he unit does not comply with any such restriction.
c
,)
The unit shall become subject to the reguirements of this Subpart
e ction, the fuel use restriction or
the
overatiu hours
ion (a)
of this Section is removed from the uni
a
for which
the fuel use restriction or th
Electronic Filing - Received, Clerk's Office, August 3, 2009
d) The owner or operator of a unit to which the Agency has ever allocated allowances
owner or operator of a unit electing low-emitter status may demonstrate that it
will reduce the LAIR NOx Ozone Season budget for non-EGUs by the number of
allowances
dual to the amount of Nox emissions the unit is permitted to emit during
the control period, pursuant to a federally enforceable condition in t
pendix E of this Part may elect low-emitter status. In that case, he Agency
ient allowances to cover the unit's NO, emissions by offsetting the
om
such
unit, not to
exceed
its
pe
enforceable permit.
e ffective
d er this Subpart to become an opt-in bud
?
et unit if it:
this Subpart.
ctions 217.472
through 217.480 are
the applicability
criteria in Section 217.472
to
0
mcdiate recedizl
il
or stationary internal combustion engine in the State
c 1."
s u
Electronic Filing - Received, Clerk's Office, August 3, 2009
1)
If an opt-in
unit is located at the same source as
one or more budget units,
it shall
have the same CAIR deshmated
re
mesentative
as those budget
2)
If the opt-in unit
is not located at the same source
as one or more bud
owner or
operator of the opt-in unit shall
submit a complete
ficate
of representation under 40 CFR 96.313.
the qualifications of su
Section 217.476(
1)
CAIR
designated representative o
(a) of this Section must
except as provided under
ubpart submit
to the Aýency:
ion for the uni
rements
under Section 217.458 of this
Subpart; and
ions for a change in the regulatory
status of the unit
to an
opt-in budget unit pursuant
to the provisions of Section
217.478(b) of this Subpart.
monstratingýthat
the NOX emission rate
an
gency determines
that the unit's monitoring
plan is sufficient
unde
ion (a) of this Section.
and after completion
of
subpart
HHHH, the NO- emission
rate and the heat
monitored
and reported in accordance
with 40 CF
ol
period during which
the monitoring system
Electronic Filing - Received, Clerk's Office, August 3, 2009
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
i nput
(in mmbtu) for
the control period,
and the
unit's Basel
s hall be calculated as the unit's total NO
divided by the unit's baseline heat. rate.
h)
to the Agency a request to withdraw from the CAIR NO,, Ozone Season Trading
Prograrn,
the CAIR
designated
representative
of an opt-in budget un
clcsimnated represent
Requesting withdrawal:
To withdraw from the LAIR
NO,ý
Ozone Season Trading
withdrawn
under this Section, the..
followin
o
rated,
allo
o mpliancc certification re ort
Opt-In Budget Units: Withdrawal from the LAIR NOX Ozone Season
Trading Program
t-in budget unit's compliance
account of the
NOX
ed in accordance
with 40 CFR 96.354(4) for the coat
submit to the Agency
cordance with 40 CFR
to any allowances
allocated
to
that unit under Section 217.480 of this
t for the control period
for
budget source where the opt-in
budget unit is located,
allowances re
period.
arli
Electronic Filing - Received, Clerk's Office, August 3, 2009
representative
far the opt-
c) An opt-in budget
unit that withdraws
from the CAIR NOX Ozone Season
d esignated
representative
for the general
account.
ly with all requirements
under the CAIR NOX Ozone
Season
Program concerning all years
for which such opt-in bud
t, even if such
requirements arise or
must be complied with after
1)
After the requirements
for withdrawal
under subsections (a)
and (b) of this
of the full amount
of allowances
after September 30.
)
If the requirements
for withdrawal
under s
subsections (a)
and (b) of this Section
have been met a
required
the Agency will
revise the CAIR permit
indicating a specified
effective date for the withdrawal
that is
after the requirements in
I isscie a notificat
ive of the opt
apt
jn unit`s
request to
0
ermi
budget unit's request to
wi
o the requirements
for an opt-in
e)
Reapplication
upon failure to meet
co
denies the opt-in budget
unit's request to
the opt-in bud
unit may submit another
request to
withdr
ne Season
Trading Program and its
on, the
CAIR deýignate4
representative
may not s
of this Subpart for the
n
ion 217.472(4)
er the date on
Section 217.478
Opt-In
. Change
in Regulatory Status
Notification
When an opt-in
unit becomes an opt-in
budget unit under Section
7
4
of this...--
Electronic Filing - Received, Clerk's Office, August 3, 2009
Any permit application that provides for a change in the regulatory status
of a uni
to an opt-in budget unit pursuant
to Section 217.472 d)(1)((B) of this Subpart and
U SEPA
will deduct from the compliance account for the opt-in budget
unit under this Section allowances equal in number to
and
allocated
for the
same or a prior control period as:
b ecomes an opt-in
budget
unit.
c)
USEPA's action:
I)
A)
Any allowances allocated to the budget unit (as an ont-in unit)
217.480 of this Subpart for any control period
after
the last control period during which the unit
effective- and
If the effective date of any CAIR permit under subsection
(b) of
this Section is during a control period,
the allowances allocated to
account of
the
(.) )t-in
budget unit under subsection (b) of this Section
for the control period multiplied bv the
ratio
of
the
eriod, startin
subsection
c s(:n (ative shall
en ure that the compliance
whenever allowances are recorded in the compliance
account.
allowances regardless of the control period
for wh
contain sufficient
allowances USEPA
it, is effective on the date on which such opt-in unit
opt-in
budget unit (as an opt-in unit under Section 217.480 of
1
stiibsection (c)(1), of
this Section.
4)
solely for purposes of allowance allocations
17.466 of
this Subpart. as a unit that
commenced operation on
the effective date of the CAIR permit under
period during
which any CAIR permit under subset
ion is effective,.
the opt-in budget uni
of this Section and will be allocated allowances
in
accordance with Section 217.462 or 217.466 of
this Subpart.
(2) of this Section, if the effective date
any CAIR permit under
subsection (b) of this Section is during a control
period,
the followin number of allowances
will be allocated to the
opt-in
1 peri
Electronic Filing - Received, Clerk's Office, August 3, 2009
.46_2 or 217.466 of
_
by the ratio of the number of
effective date of the LAIR
er
subsection (b) of this Section, divided by the total
number of
control period.
d) When the owner or operator
of an
opt-in
un
renew the CAIR permit
for
the opt-in budget unit
issued pursuant to Section 217.472(d). USEPA
will deduct
from the opt-in
budget unit's compliance account 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 217.480
of this Subpart for any control
period after the last control, period
for which the CAIR permit
1 ensure that the apt-in
budget unit's compliance
account contains the allowances necessary
for completion of such deduction. If
the compliance 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 the compliance
account.
owner
or operator of the opt-i
ill
ining allowances
to a new general account for the
oot-in unit ,,Ball become
the representative for the
Allowance allocations:
contr
to allowances
for the
ion
for the control
d ance
with subsection (b) of this
Section.
Electronic Filing - Received, Clerk's Office, August 3, 2009
b)
For the first control period and for each subsequent control period for which
the
it has a CATR 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 )
-in unit's baseline heat input determined pursuant
to
1 7.474(c)
of this Subpart, or
B )
The
opt-in
unit's heat input for the control period in the year
prior
c ontrol period for which the allocations
are
being calculated, as determined
in accordance with 44 CFR
subpart HHHH.
2)
The Agency will allocate allowances to the opt-in
budget unit in an
(in mmbtu) determined under subsection
d by the lesser of
A) The unit's baseline NO,
em
s /
.474(c)
of this Subpart or
( calculated in lbs/mmm
f the control period for which the allocations
are
rclle
,
of the
averaging-per
I vlics.
Electronic Filing - Received, Clerk's Office, August 3, 2009
Electrical
Generati
COMPANY NAME
COMPANY UNIT
BUDGET BUDGET
SOURCE ID #-ý
ý
DESCIR71PT ALLOCATION ALLOCATI
N AME-
D ESIGNATION
ON
LESS
3
FOR
NEW UNIT
SET ASIDE
1
4.2
3
4
5
14--5(0-
14-58
4700.6-p-
7
4L
I .
COAL-FIRED
BOILER I
BOILER
7
2-7-6
2-67
3022
4-,64-61,,592
TOTAL ALI C)CA
Electronic Filing - Received, Clerk's Office, August 3, 2009
E
OR
OCATION
4
AVEN
_
TINE RENEWABLE
179060ACR BOILER C
ENERGY, INC.
]
PULVERIZED
DRY BOTTOM
TOTAL ALLOCATION
377
366
F3UNCE MILLING INC.
183020ABT CFB BOILER
0
L
CIT(JO
PF'I ROLEUM
197090AAI
BOILER 43013-I
cot. I'()IZATIONý
-
T OT ` I A
I .1.
OC
\TION
39
38
19090AAA
I
OCATION
Electronic Filing - Received, Clerk's Office, August 3, 2009
1'1 I L1ERY)
FLINT HILLS RESOURCES 197800ABZ CB-706
LP (JOLIET FACILITY)
T
OTAL
ALLOCATION
( 14
1 4
O
ct-7Q 1 1 A A ("'
ý nsrnnýr
1
n t
1-
BOILER- #-S
_
" 0'70 1 1 A
A ("`
.
-ý
-
ý
.ý
BOILER-"
25
t "FL1T:
A T T A TP
EC
A.iT(""
(Tot-al. A-1YttGý
552
5
11901 n
A A T
'
7214ýý1 2ý
R T
D ^7 f"'fl A
n -ýrz rý-Lr_r
-
T
31
PRE1
ý
TTY G'1 `1ý`T}CF1hT CRTT Tt? G'iT (``(ITaT}fli? A
TTO
a-ýrr°xJ-rczw'rý
arccr°cnccz°f--rx'ci +T-6"
Z W
-38
Electronic Filing - Received, Clerk's Office, August 3, 2009
033808AAB BOILER #3
GAS
REF GAS,OIL
FIRED
1 06
1 0 3
cý-rczn
7244-0-567002-
n r i- D`^`rr
T -
-1 -8ý
ý3
r°. s -7,7 nnvvr zi
r
F7 ý- ý
T A'T
ýcr°
4-M
4-80
ý z-
UA SS
1 ý(Y
0 (ý
, ,.
c 7-3-
B UJ
--
3-7q
3 66
D
ý 1
11-ýE-I7
" DV
pgr
M
ý
w
TTý
it F i A NAQ
tAý11E,
ITS7
_ý
Y
: .
NAVAL TRAINING
CENTER/GREAT LAKES
(797811 AAC_
BOILER
_#
5
ý._
_
BOILER # 6
TOTAL ALLOCATION
52
50
(
tip 7
4,kýa
7,142 7 247 y ng
Drr1T
Urn XTn rt
4 -24
4+9
94-1-8"NABv
72-ý 7-10
B0IL-F-I
_
-12--1-
0
41-8
04118
ýý
_ _
71-1-1-1-20-7 1-1.-0
_
BOILER-N04
42-1-
4-1
0''1804
l ./TI1?Tr,l'TTII'ZL79
A
A
_
724242474-14
BOILER--NO-4
4-20
446
Electronic Filing - Received, Clerk's Office, August 3, 2009
A7-I-1-2 IBOILER-N-C3
+ý
I
z
TATE & LYLE INGREDIENTS 115015ABX COAL-FIRED
AMERICAS INC.
BOILER I
COAL-FIRED
BOILER 2
BOILER
#25
TOTAL ALLOCATION
476
462
T9
=-A
ý1 nnnn
n
A n
-
H 06ý
P0TT ED R TII r r+
4
ý
zdt
-
-
.
1 1
7n°
n
_
r^
_
-724-4-0633,W4
RO LE7R-:'446
wý 48
'r1
1 1 nnOn A A
A
'7') 1 1 AK 2'2
_
°z-iI - - zirn-c r -ccýc
T?('f f T
.1
T7 XT"
-- -
.
7
-
'7
r
80
7s
w
f
L "1 L'Y'1_l
"
1`60
475-5
I
GEN-Cl
'I U C;OLA
041030A
B
I
TT FR
1LLR
C
UNITED STATES
STEEL CC R
PORAT
CORPORATION (SOUTH
ALZ NO. 6
BOILER,#5
POWER
90
87
1 80
I
175
n
-r z_D" IPMý1DLANT
0 1 cn1 n A Tl A a '7nann-)-nT`(
nrnrT T;T7
#ý
° ý
ý
?,
F L -_A -I -I ==IýI'C -W-LAAN -{
rl
MIoe-ai-oo
8.6
Electronic Filing - Received, Clerk's Office, August 3, 2009
41ýýý
ýnc'rnzý
O r'
--
L-T-y
-?-?
2 -3
3-04600n
,
n n
]3nTY D urn
AD
N nr
T rt
rr-D
,F
w"Qrcr7 b-T
s 4-r
1
t
r
-
Srr:pr
t" A'l L
r",n4D
ANY
r rr,ý*
t m
n l
1Z-Lt74Z7:T1-'1Tý
1
A ll (,
e a
w ý
G RAND TOTAL
_
4;&ý 948
(Source: Adde4-Amended at 2-5- 111. Reg.-59
Electronic Filing - Received, Clerk's Office, August 3, 2009
217.Appendix E
Large
Non-Electrical Generati
CO
O
S IGNATION
B
UDGET
ALLOCATION ALLOCATI
ON LESS
S ET ASIDE
4
S
MIDLAND COMPANY
4
0
Electronic Filing - Received, Clerk's Office, August 3, 2009
AVENTINE RENEWABLE
179060ACR BOILER
C
ENERGY,
INC.
PULVERIZED
DRY
BOTTOM
TOTAL
ALLOCATION
377
366
BUNGS MILLING, INC.
1183020ABT CFB BOILER
TOTAL
ALLOCATION
101
98
C I TGO
PETROLEUM
COR-PORATION
t
1 97090AAI BOILER43OB-1
TOTAL ALLOCATION
39
38
ON
1 19090AAA
160
L
155
OAAA AUX BOILER-
REFINERY
A L ALLOCATION
-ý__ -186_
180
Electronic Filing - Received, Clerk's Office, August 3, 2009
FLINT HILLS RESOURCES,
LP JOLIET FACILITY
1 97800ABZ C B-706
__
TOTAL ALLOCATION
14
14
COMPANY,
LLC
ROLE
OILER #
IL,REF <
[RED
O CA
B OILER
#4
REF GAS,OIL
FIRED
0
NAVAL TRAINING
CENTER/GREAT
LAKES
097811AAC
BOILER
# 5
_
BOILER
# 6
T OTAL ALLOCATION
52
5 0 --
Electronic Filing - Received, Clerk's Office, August 3, 2009
1 4,948
4,809
( Source: Amended at
Electronic Filing - Received, Clerk's Office, August 3, 2009
STATE
OF
ILLINOIS
preparation an
K. I-lirner,
first duly
sworn on oath, affirm that
I participated in the
Motion for Emergency
Rule, and based upon my personal
T SAYE°TTI
NOT.
fore me
ugust, 2009.
Ftc'.IAL
SEAL
MARY "OUNKC41'
Pdotnry
Pus6c - ýtat9
ý)'
II!in
%'s
Gcirnrrissýoýý i
G :O01/R Dockets/Fit/R06-22/Affidavit
for Motion for
I im r-ýcný. ý, Rule
Electronic Filing - Received, Clerk's Office, August 3, 2009