TITLE 35: ENVIRONMENTAL PROTECTION

PROCEDURAL HISTORY
JUDICIAL ACTIVITY UPDATE
RATE-BASED NOx EMISSION LIMITATION RULES
Applicability
Emission Limitations
Monitoring, Reporting, and Recordkeeping
TECHNICAL AND ECONOMIC CONSIDERATIONS
CONCLUSION
ORDER
T
TITLE 35: ENVIRONMENTAL PROTECTION?SUBTITLE B: AIR POLLUTION?CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c : EMISSION STANDARDS AND LIMITATIONS FOR STATIONARY SOURCES??PART 217?NITROGEN OXIDES EMISSIONS
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    2. Section?217.521?Lake of Egypt Power Plant
SUBPART V: ELECTRIC POWER GENERATION

ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

PROPOSED AMENDMENTS TO 35 ILL.

ADM. CODE 217.SUBPART V, ELECTRIC

POWER GENERATION

(Rulemaking – Air)

Adopted Rule. Final Order.

OPINION AND ORDER OF THE BOARD (by M. McFawn):

Today the Board adopts rules to implement a program to control the emission of

nitrogen oxides (NO

) emissions from fossil fuel-fired electrical generating units (EGUs) in

Illinois. The program limits the amount of NO

emitted at EGUs during the ozone control

period, which is May 1 through September 30 of each calendar year, beginning in 2003. The

principal control element of this program is a rate-based NO

emission limitation of 0.25

per heat input of million British thermal units (0.25 lbs/mmbtu) of actual heat

input. The remaining rules regulate how compliance with the rate-based rule is to be

monitored, demonstrated and reported at EGUs statewide.

This rate-based emission limitation program is intended to satisfy one of the State’s

several obligations under the federal Clean Air Act Amendments of 1990 (CAAA)

42 U.S.C.S. § 7401

. Under the CAAA, Illinois is obligated to submit a State

Implementation Plan (SIP) that demonstrates attainment for the moderate ozone nonattainment

area of Metro-East/St. Louis (hereinafter referred to as Metro-East NAA.) Section 107(a) of

the CAAA (42 U.S.C.§ 7407(a) (1990)) imposes on the State the primary responsibility for

ensuring that Illinois meet the National Ambient Air Quality Standards (NAAQS) for ozone.

The State is required thereunder to submit a SIP that specifies emission limitations, controls,

and other measures necessary for the attainment and enforcement of the NAAQS for ozone in

Today’s opinion provides an explanation of the NO

rules hereby adopted as final as

Subpart V, Part 217 of the Board’s air regulations. The opinion also presents an update to the

federal and judicial background of Illinois’ obligations to implement these rules, including the

United States Environmental Protection Agency’s (USEPA) most recent action impacting the

Metro-East NAA. For a more complete review of this background, as well as a detailed

explanation of the rules, see the Board’s second-notice opinion and order. Proposed

Amendments to 35 Ill. Adm. Code 217.Subpart V, Electric Power Generation (February 15,

PROCEDURAL HISTORY

The Illinois Environmental Protection Agency (Agency) filed this rulemaking proposal

with the Board on October 16, 2000. The Board adopted the rules as proposed by the Agency

for first notice on October 19, 2000. See Proposed Amendments to 35 Ill. Adm. Code

217.Subpart V, Electric Power Generation (October 19, 2000), R01-16. The first-notice rules

were published in the

Illinois Register

on November 3, 2000. 45 Ill. Reg. 16,200.

The Board held public hearings in this matter in Chicago, Illinois, on November 28,

2000, and December 19, 2000, before Board Hearing Officer Bobb Beauchamp, and Board

Member Marili McFawn.

Hearings were scheduled and conducted in accordance with Section

28.5 of the Act. 415 ILCS 5/28.5 (1998). Section 28.5 provides for “fast-track” adoption of

certain regulations necessary for compliance with the CAAA.

The Agency presented a number of witnesses to testify and answer questions on behalf

of its proposal. Ameren Corporation was the only member of the regulated community to pre-

file testimony for the hearings. Midwest Generation also provided testimony during the

Section 27(b) of the Act requires the Board to request that the Department of

Commerce and Community Affairs (DCCA) conduct a study of the economic impact of any

proposed rules, and to conduct at least one public hearing on the economic impact of those

proposed rules (415 ILCS 5/27(b) (1998)). The Board requested DCCA conduct such a study

in an October 26, 2000 letter. At the December 19, 2000 hearing, the Board hearing officer

stated that the Board would rely on a March 10, 2000 DCCA letter stating that DCCA would

not conduct economic impact studies on rules pending before the Board. Tr.2 at 6-7. The

Board hearing officer asked for, but did not receive, any comments on the economic impact of

these rules. Tr.2 at 35-36.

The record in this matter closed on January 5, 2001, as required at Section 28.5(l) of

the Act. On December 26, 2000, the Agency filed a motion to amend the rules adopted for

first notice, and the “Agency Analysis of Economic and Budgetary Effects of Proposed

Rulemaking.” The Board also received three timely filed public comments: Dominion

Generation (PC 1), the Agency (PC 2), and Midwest Generation (PC 3). Ameren Corporation

filed a public comment on January 10, 2001 (PC 4).

On February 15, 2001, the Board adopted its second-notice opinion and order, and sent

this matter to the Joint Committee on Administrative Rules (JCAR) for its consideration. See

Proposed Amendments to 35 Ill. Adm. Code 217.Subpart V, Electric Power Generation

(February 15, 2001), R01-16. JCAR requested, and the Board agreed to, a few minor changes

to the rules proposed at second notice. JCAR then considered the proposed rules at its

March 20, 2001 meeting and voted no objection.

The transcripts of the hearing will be cited as “Tr.1 at ___” and “Tr.2 at___.”

The public comments filed in this rulemaking will be referred to as “PC ___ at ___.”

JUDICIAL ACTIVITY UPDATE

The Board’s second-notice opinion contains an overview of the events leading to

Illinois’ commitment to demonstrate attainment in the Metro-East NAA. See Proposed

Amendments to 35 Ill. Adm. Code 217.Subpart V, Electric Power Generation (February 15,

2001), R01-16, slip. op. at 4-8. Since that order, the United States Environmental Protection

Agency (USEPA) has responded to the January 29, 2001 order from the U.S. District Court

for the District of Columbia by issuing a document entitled “Determination of Nonattainment

as of November 15, 1996, and Reclassification of the St. Louis Ozone Nonattainment Area;

States of Missouri and Illinois (66 Fed. Reg. 15578, March 19, 2001). In that document,

USEPA declares its finding that the Metro-East NAA failed to attain the 1-hour ozone

NAAQS, and that by operation of law the area will be reclassified from a moderate to a serious

nonattainment area on the effective date of the rule, or May 18, 2001. USEPA also states that

it intends to withdraw this determination if USEPA “grants the states an attainment date

extension before the effective date of the determination of nonattainment and reclassification.”

66 Fed. Reg. 15580, March 19, 2001.

Today’s ruling will allow the Agency to submit adopted Subpart V as a SIP revision

before the effective date of USEPA’s determination.

EMISSION LIMITATION RULES

The purpose of this Subpart V program, as set forth at Section 217.700, is to control

emissions from EGUs during the ozone control period (May 1 through September 30 of

each year, beginning in 2003). The method for controlling NO

emissions under Subpart V is

also summarized at Section 271.700. That control is to be achieved by limiting the emissions

from EGUs to no more than 0.25 lbs NO

/mmbtu of actual heat input during the ozone

control period. 35 Ill. Adm. Code 217.700.

Subpart V applies to large EGUs in the entire State of Illinois. There are 103 existing

large EGUs owned by nine electric utility companies that the regulations are expected to affect.

These are the EGUs listed at Appendix F of Subpart 217, adopted in R01-9 as part of the NO

Trading Program. Tr.1 at 55-58.

Section 217.704 specifically provides in pertinent part that Subpart V will apply to the

following EGUs:

any unit serving a generator that has a nameplate capacity greater than 25

MWe and produces electricity for sale, excluding those units listed in

Appendix D, or added to Appendix D; and (emphasis added)

any unit with a maximum design heat input that is greater than 250

mmbtu/hr, that commenced operation on or after January 1, 1999, that

serves at any time a generator that has a nameplate capacity of 25MWe

or less, and, that has the potential to use more than 50% of a unit’s

potential electrical output capacity of the unit.

The rules will apply to the same EGUs that are covered by Subpart W. The language

at Section 217.704(a) is the same as that at Section 217.754(a) of Subpart W, except for the

language underlined above. The non-EGUs that are excluded from Subpart V are those listed

at or later added to Appendix D, which was adopted with Subpart W. They are excluded

because their primary business is not the production of electricity, and these sources were not

modeled at the 0.25 lbs/mmbtu emission rate in the State’s attainment demonstration for the

Metro-East NAA. Tr.1 at 56.

Pursuant to Section 217.704(b), Subpart V also applies to emission units commencing

operation after January 1, 1999, and provides the method to determine whether a large (more

than 250 million Btu per hour heat capacity) unit is designed primarily for production of

electricity rather than to provide steam or heat for process emission units.

Emission Limitations

Section 217.706(a) provides the actual rate-based emission limitation. This section

prohibits any owner or operator from causing or allowing NO

emissions from affected EGUs

to exceed 0.25 lbs/mmbtu of actual heat input during each ozone control period, based on a

control period average for that unit. The rule also states that any affected EGU subject to a

emission limitation more stringent than 0.25 lbs/mmbtu must comply with Subpart V’s

requirements as well as the more stringent emission limitation. This section also provides that

the emission limitation may be achieved by individual units participating in an averaging

demonstration pursuant to the provisions of Section 217.708. Tr.1 at 58.

At Section 217.708, specified EGUs are allowed to meet the 0.25 lbs/mmbtu emission

limitation through NO

averaging for the ozone control period. Owners and operators of

EGUs listed in Appendix F of Part 217 may demonstrate compliance by averaging for a control

emission rates with any other EGUs listed in that appendix.

Appendix F lists

those EGUs that commenced operation on or before January 1, 1995. The mathematical

representation of the averaging formula is given in subsection (b) of Section 217.708. Tr.1 at

Appendix F was adopted on December 21, 2000, in R01-9. 35 Ill. Adm. Code 217.Subpart

Trading Program for Electrical Generating Units, and Amendments to 35 Ill.

Adm. Code 211 And 217 (December 21, 2000), R01-9.

Section 217.708(a) also provides that Soyland Power (Soyland) is allowed to use NO

averaging for any EGUs at its Alsey, Illinois facility that commenced operation on or before

January 1, 2000. Soyland is a rural electric cooperative in Alsey, Illinois, that recently

developed a peaking station with used turbines. Tr.1 at 102. The Agency testified that

Soyland’s used turbines cannot comply with the proposed NO

emission rate because of their

age. The Agency explained further that it is not feasible for Soyland to take measures to

reduce emissions from these turbines due to their age and because they are operated as peaking

units. Tr.1 at 103. Because of the date they began operating, these turbines qualify as new

units. Tr.1 at 102. Absent such a specified rule, new EGUs cannot use the NO

rule to demonstrate compliance. The Agency concluded that the purpose of including Soyland

in the proposed averaging rule is to accommodate that very special circumstance of this rural

cooperative. Tr.1 at 103. Thus, the EGUs listed at Appendix F and those at Soyland’s Alsey,

Illinois facility may average their emission rates to demonstrate compliance with Subpart V’s

rate-based emission limitation. If they elect to do so, the provisions of Section 217.708 are

Section 217.708(c) provides that emission averaging must be conducted via federally

enforceable permit conditions, and subsection (d) allows each unit to be included only once in

averaging demonstration during a control period. Subsection (d) is included to prevent

“double-counting” of overcomplying emission units. As explained by the Agency, the

difference in allowable and actual emission from each averaging unit can be used only one time

by other under-complying units. Tr.1 at 60.

EGUs electing to use averaging must demonstrate compliance by November 30

following each ozone control period. If compliance is not demonstrated, the compliance status

of each EGU participating in the NO

averaging demonstration will be determined as if the

emissions rates of the EGUs were not averaged. Section 217.708(e) and (f). Tr.1 at 60.

Finally, under Section 217.708(g) NO

averaging is precluded if an owner or operator of an

EGU involved in averaging fails to maintain or submit to the Agency the required records, data

When read together, these subsections provide that in the event an EGU involved in

averaging fails to maintain the necessary records, none of the EGUs involved may

demonstrate compliance through averaging. Each EGU will have to individually demonstrate

compliance with the 0.25 lbs/mmbtu emission limitation, not just those failing to maintain or

submit their reports. Pursuant to Section 217.706, that compliance demonstration will be

based on a control period average for each EGU involved. Tr.1 at 60.

Monitoring, Reporting, and Recordkeeping

At first notice, Section 217.710 required each EGU to have continuous monitoring

systems (CEMS) for NO

that met the requirements of 40 C.F.R. Part 75, subpart B. Also at

first notice, Section 217.712 required owners and operators of EGUs subject to Subpart V to

comply with the NO

emissions recordkeeping and reporting requirements of 40 C.F.R.

Midwest Generation suggested that a second, alternative monitoring requirement be

added for low capacity factor EGUs. Tr.1 at 84-85. The Agency agreed and suggested new

language that provides an alternative method to determine the heat input and NO

a combustion turbine that operates less than 350 hours per control period. Agency Motion to

Amend at pages 2-3. The Board agrees that the new language will reduce the burden on low

capacity factor EGUs, and added new language at Section 217.710(c) and 217.712(b). Section

217.710(c) defines a low capacity factor EGU as a combustion turbine that operates less than

350 hours per ozone control period. To determine NO

emissions from those types of units,

the owners or operators may use certain default emission factors and a heat input derived from

either metered fuel usage or a calculation based upon the turbine’s maximum hourly heat input

and its hours of operation. This alternative to the Part 75 monitoring requirements otherwise

required at Section 217.710(a) is limited to low capacity factor EGUs.

TECHNICAL AND ECONOMIC CONSIDERATIONS

Section 27(a) of the Act requires that in promulgating regulations, the Board “shall take

into account . . . the technical feasibility and economic reasonableness of measuring or

reducing the particular type of pollution.” 415 ILCS 5/27(a) (1998). Based on the NO

Call and supporting documents, the Agency determined that the control techniques required for

EGUs to comply with the 0.25 lbs/mmbtu emission limit are technically feasible and

economically reasonable.

See Exh. 1; Tr.1 at 71-78. The Agency based its analysis of the

cost impact of complying with the proposed rules on USEPA’s Alternative Control Techniques

document (ACT). In the ACT, USEPA presents three measures of cost of NO

capital costs, total annual costs, and cost effectiveness. Tr.1 at 66-67.

See 63 Fed. Reg. 57,356, 399-402, 412-414, 456-458 (Oct. 27, 1998). See generally

Alternative Control Techniques Document B NO

Emissions from Utility Boilers, EPA-453/R-

94-023, March 1994, USEPA, OAQPS, Research Triangle Park, NC 27711; Alternative

Control Techniques Document B NO

Emissions from Stationary Gas Turbines, EPA-43/R-91-

007, January 1993, USEPA, OAQPS, Research Triangle park, NC 27711; Regulatory Impact

Analysis for NO

SIP Call, FIP and Section 126 Petitions, Volume 1: Costs and Economic

Impacts, EPA-452/R-98-003, September 1998, USEPA, Office of Air and Radiation,

Washington, D.C. 20460; Electric Power Generation Cost Analysis for Compliance with

EPA’s Final Rule Regional NO

Emission Reductions for 2003, prepared for USDOE, Federal

Energy Technology Center; Development of Emissions Budget Inventories for Regional

SIP Call Technical Amendment Version, A-96-56:X-B-11 USEPA/OAQPS,

December 1999; and Technical Support Document for Control of Nitrogen Oxide Emissions in

Electrical Power Generation, AQPSTR 00-3, October 2000.

To determine cost effectiveness, the Agency used information generated by USEPA

control level of 0.15 lbs/mmbtu. Tr.1 at 77. The Agency estimates that the

cost effectiveness to comply with a 0.25 lbs/mmbtu NO

emission rate with no cap and trading

program to be $1,465 (1990 dollars) per ton of NO

removed in the 2003 control period. Tr.1

As discussed in our second-notice opinion, the Board finds that the proposed

regulations for reducing NO

emissions from large EGUs are technically feasible and

economically reasonable.

Pursuant to federal law and other obligations of the State of Illinois, large EGUs in

Illinois are required to significantly reduce emissions of NO

during the ozone control season.

More specifically in this rulemaking, the State is required to adopt a SIP that will demonstrate

attainment in the Metro-East NAA for ozone. This must be achieved by reducing NO

emissions from large EGUs during the ozone control period beginning in 2003. These rules

are premised upon an emission rate based limitation of 0.25 lbs/mmbtu and are applicable

statewide. Both elements are supported by the modeling performed by the Agency, and its

commitments in judicial proceedings and its response to USEPA NO

SIP Call and USEPA’s

Extension Policy. With this rulemaking, those obligations are satisfied in a method that is

equitable and economical.

The Board acknowledges and appreciates the extensive effort undertaken by both the

Agency and members of the regulated community throughout this rulemaking. In conclusion,

the Board finds that this rate-based emission limitation rule and the program for implementing

it, address the needs of the State and the regulated community. Accordingly, we adopt as final

amendments to Subpart v or Part 217 of the Board’s rules the following:

The Board hereby adopts these amendments to 35 Ill. Adm. Code 217. The Board

directs the Clerk of the Board to file these adopted rules with the Secretary of State.

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE B: AIR POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c : EMISSION STANDARDS AND LIMITATIONS FOR STATIONARY

NITROGEN OXIDES EMISSIONS

SUBPART A: GENERAL PROVISIONS

Scope and Organization

Measurement Methods

Abbreviations and Units

Incorporations by Reference

SUBPART B: NEW FUEL COMBUSTION EMISSION SOURCES

New Emission Sources

SUBPART C: EXISTING FUEL COMBUSTION EMISSION SOURCES

Existing Emission Sources in Major Metropolitan Areas

SUBPART K: PROCESS EMISSION SOURCES

Industrial Processes

SUBPART O: CHEMICAL MANUFACTURE

Nitric Acid Manufacturing Processes

SUBPART T: CEMENT KILNS

Control Requirements

CONTROL AND TRADING PROGRAM FOR

GENERATING UNITS

Compliance Requirements

Permitting Requirements

Methodology for Obtaining NO

Methodology for Determining NO

Allowances from the New Source Set-Aside

Allocations Procedure for Subpart U Budget Units

New Source Set-Asides for “New” Budget Units

Early Reduction Credits (ERCs) for Budget Units

Low-Emitter Requirements

Opt-In Budget Units: Withdrawal from NO

Trading Program

Opt-In Units: Change in Regulatory Status

Allowance Allocations to Opt-In Budget Units

SUBPART V: ELECTRIC POWER GENERATION

Lake of Egypt Power Plant

Emission Limitations

Reporting and Recordkeeping

TRADING PROGRAM FOR ELECTRICAL

GENERATING UNITS

Compliance Requirements

Permitting Requirements

Methodology for Calculating NO

Allocations for Budget Electrical Generating

Allocations for Budget EGUs

New Source Set-Asides for “New” Budget EGUs

Early Reduction Credits for Budget EGUs

Budget Opt-In Units: Withdrawal from NO

Trading Program

Opt-In Units: Change in Regulatory Status

Allowance Allocations to Budget Opt-In Units

SUBPART X: VOLUNTARY NO

EMISSIONS REDUCTION PROGRAM

Emission Unit Eligibility

Participation Requirements

Emission Reductions and the Subpart X NO

Baseline Emissions Determination

Calculation of Creditable NO

Emission Reductions

Limitations on NO

Emission Reductions

Emission Reduction Proposal

Emissions Determination Methods

Emissions Monitoring

Appendix A Rule into Section Table

Appendix B Section into Rule Table

Appendix C Compliance Dates

Appendix D Non-Electrical Generating Units

Appendix E Large Non-Electrical Generating Units

Appendix F Allowances for Electrical Generating Units

Authority: Implementing Sections 9.9 and 10 and authorized by Sections 27 and 28.5 of the

Environmental Protection Act [415 ILCS 5/9.9, 10, 27 and 28.5].

Source: Adopted as Chapter 2: Air Pollution, Rule 207: Nitrogen Oxides Emissions, R71-23,

4 PCB 191, April 13, 1972, filed and effective April 14, 1972; amended at 2 Ill. Reg. 17, p.

101, effective April 13, 1978; codified at 7 Ill. Reg. 13609; amended in R01-9 at 25 Ill. Reg.

128, effective December 26, 2000; amended in R01-11 at 25 Ill. Reg. 4597, effective March

15, 2001; amended in R01-16 and R01-17 at 25 Ill. Reg.________, effective______________.

SUBPART V: ELECTRIC POWER GENERATION

Section 217.700

The purpose of this Subpart is to control the emissions of nitrogen oxides (NO

) from electrical

generating units (EGUs) during the ozone control period (for purposes of Subpart V, the ozone

control period is May 1 through September 30 of each year, beginning in 2003), by limiting

the emissions of NO

from EGUs to no more than 0.25 lbs/mmbtu of actual heat input during

each ozone control period.

(Source: Added at 25 Ill. Reg.

Section 217.702

If any section, subsection or clause of this Subpart is found invalid, such finding shall not

affect the validity of this Subpart as a whole or any Section, subsection or clause not found

(Source: Added at 25 Ill. Reg.

Section 217.704

The following fossil fuel-fired stationary boilers, combustion turbines or combined cycle

systems are electrical generating units (EGUs) and shall be subject to this Subpart on and after

Any unit serving a generator that has a nameplate capacity greater than 25 MWe

and produces electricity for sale, excluding those units listed in Appendix D of

this Part and any new unit at a source listed in Appendix D of this Part.

Any unit with a maximum design heat input that is greater than 250 mmbtu/hr

that commences operation on or after January 1, 1999, serving at any time a

generator that has a nameplate capacity of 25 MWe or less and has the potential

to use more than 50% of the potential electrical output capacity of the unit.

Fifty percent of a unit’s potential electrical output capacity shall be determined

by multiplying the unit’s maximum design heat input by 0.0488 MWe/mmbtu.

If the size of the generator is greater than this calculated number, the unit is an

EGU subject to the provisions of this Subpart.

(Source: Added at 25 Ill. Reg.

Section 217.706

Emission Limitations

On or after May 1, 2003, no owner or operator subject to this Subpart shall

cause or allow the emissions of NO

into the atmosphere from any EGU to

exceed 0.25 lbs/mmbtu of actual heat input during each ozone control period,

based on a control period average for that unit.

Notwithstanding the emission limitation in subsection (a) of this Section, any

EGU subject to a more stringent NO

emission limitation pursuant to any State

or federal statute, including the Act, the Clean Air Act, or any regulations

promulgated thereunder, shall comply with both the requirements of this Subpart

and that more stringent emission limitation.

(Source: Added at 25 Ill. Reg.

Section 217.708

Notwithstanding Section 217.706(a) of this Subpart, the owners or operators of

EGUs listed in Appendix F of this Part and the owner or operator of Soyland

Power may elect to demonstrate compliance with this Subpart by averaging for

the ozone control period the NO

emission rates with any EGU listed in

Appendix F or any EGU at Soyland Power’s Alsey Illinois facility that

commenced commercial operation on or before January 1, 2000.

emission rate for all EGUs being averaged pursuant to this

Section must not exceed 0.25 lbs/mmbtu and shall be determined as follows:

average emission rate in lbs/mmbtu of all

EGUs in averaging demonstration

heat input for the ozone control period of

EGU i, in mmbtu, as specified in the

averaging demonstration

emission rate of EGU i, in

lbs/mmbtu, as specified in the NO

averaging demonstration

number of EGUs that are averaging

Averaging under this Subpart must be authorized through federally enforceable

permit conditions for such EGU.

An EGU may be included in only one NO

averaging demonstration during an

ozone control period.

Compliance by averaging for each ozone control period must be demonstrated

by November 30 following each ozone control period.

If averaging is used to demonstrate compliance with this Subpart, the effect of a

failure to demonstrate such compliance shall be that the compliance status of

each EGU shall be determined pursuant to Section 217.706(a) as if the NO

emission rates of such EGUs were not averaged.

The owner or operator of any EGU that elects to participate in an averaging

demonstration to demonstrate compliance with this Subpart cannot average with

any other EGU for which the owner or operator of such EGU does not maintain

the required records, data, and reports, or does not submit copies of such

records, data, or reports to the Agency upon request.

(Source: Added at 25 Ill. Reg.

Section 217.710

The owner or operator of an EGU subject to this Subpart shall install, calibrate,

maintain and operate continuous emissions monitoring systems (CEMS) for NO

that meet the requirements of 40 CFR 75, subpart B.

Notwithstanding subsection (a), the owner or operator of a gas-fired peaking

unit or oil-fired peaking unit as defined in 40 CFR 72.2 may determine NO

emissions in accordance with the emissions estimation protocol of 40 CFR 75,

Notwithstanding subsection (a), the owner of operator of a combustion turbine

that operates less than 350 hour per ozone control period may determine the heat

emissions of the turbine as follows:

Heat input shall be determined from the metered fuel usage to the

turbine or the calculated heat input determined as the product of

the turbine’s maximum hourly heat input and hours of operation

as recorded by operating instrumentation on the turbine;

emissions shall be determined as the product of the heat

input, as determined above, and the appropriate default NO

emission factors below:

0.7 lbs/mmbtu - Natural gas

1.2 lbs/mmbtu - Fuel oil

(Source: Added at 25 Ill. Reg.

Section 217.712

Reporting and Recordkeeping

The owner or operator of an EGU subject to the requirements of this Subpart shall:

Comply with the recordkeeping and reporting requirements of 40 CFR 75

applicable to NO

emissions during the ozone control period, including, but not

limited to, 40 CFR 75.54(b) and (d), incorporated by reference in Section

217.104 of this Part.

Notwithstanding subsection (a), the owner or operator of a combustion turbine

for which heat input and NO

emissions are determined pursuant to Section

217.710(c) of this Subpart shall comply with the following recordkeeping and

reporting requirements:

Maintain records of the heat input and NO

emissions of the turbine as

determined in accordance with Section 217.710(c) of this Subpart, and

records of metered fuel use or operating hours used to determine heat

Annually report the heat input and NO

emissions of the turbine as

determined in accordance with Section 217.710(c) of this Subpart, for

each ozone control period, by November 30 of each year.

Submit, with the report required under subsection (c) of this Section, the

following certification statement, to be signed by a responsible official:

“I certify under penalty of law that this report and all attachments were

prepared under my direction or supervision in accordance with a system

designed to assure that qualified personnel properly gather and evaluate

the information submitted. Based on my inquiry of the person or

persons directly responsible for gathering the information, the

information is, to the best of my knowledge and belief after due inquiry,

true, accurate, and complete. I am aware that there are significant

penalties for submitting false information, including the possibility of

fine and imprisonment for knowing violations.”

If demonstrating compliance through Section 217.706(a) of this Subpart, by

November 30 of each year beginning in 2003, submit to the Agency a report

that demonstrates each EGU has not exceeded a NO

emission rate of 0.25

lbs/mmbtu during the ozone control period.

If demonstrating compliance through Section 217.708 of this Subpart, by

November 30 of each year beginning in 2003, submit to the Agency a report

that demonstrates the following:

For all EGUs participating in the averaging demonstration, the averaged

ozone control period NO

emission rate pursuant to the equation in

Section 217.708(b) of this Subpart;

The average ozone control period NO

emission rate of each EGU

participating in the averaging demonstration; and

The information required to determine the averaged NO

pursuant to Section 217.708(b) of this Subpart.

Keep and maintain, for 5 years, all records and data necessary to demonstrate

compliance with the requirements of this Subpart, and upon request make such

records and data available to Agency and USEPA representatives for inspection

and copying during working hours.

Submit copies of any records and data required by this Section to the Agency

within 30 days after receipt of a written request by the Agency.

(Source: Added at 25 Ill. Reg.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that

the above opinion and order was adopted on the 5th day of April 2001 by a vote of 7-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board