ILLINOIS POLLUTION CONTROL BOARD
July 13, 2000
IN THE MATTER OF:
)
)
PROPOSED NEW 35 ILL. ADM. CODE 217,
)
R01-9
SUBPART W, THE NOX TRADING
)
(Rulemaking - Air)
PROGRAM FOR ELECTRICAL GENERATING
)
UNITS, AND AMENDMENTS TO
)
35 ILL. ADM. CODE 211 AND 217
)
Proposed Rule. First Notice.
OPINION AND ORDER OF THE BOARD (by R.C. Flemal):
On July 11, 2000, the Illinois Environmental Protection Agency (Agency) filed a proposal
to amend 35 Ill. Adm. Code 211 and 217 of the Illinois air regulations. The Agency proposes to
have the Board add a new Subpart W to Part 217, and to make various conforming amendments to
Parts 211 and 217. The rules would control the emission of nitrogen oxides (NOx) emissions from
fossil fuel electrical generating units. The controls would be effective during the period from May
1 to September 30 of each calendar year beginning in 2003.
The Agency has stated that the proposed amendments are intended to meet several
obligations of the State of Illinois under the federal Clean Air Act Amendments of 1990 (CAA)
(42 U.S.C. §§ 7401
et seq.
(1990)). Section 107(a) of the CAA (42 U.S.C. § 7407(a) (1990))
imposes on the State the primary responsibility for ensuring that Illinois meet the National Ambient
Air Quality Standard (NAAQS) for ozone. It requires the State to submit a state implementation
plan (SIP) that specifies emission limitations, controls, and other measures necessary for the
attainment, maintenance, and enforcement of the NAAQS in this State. This rulemaking will allow
Illinois:
1.
to submit control strategies necessary to demonstrate attainment of the one-hour
ozone National Ambient Air Quality Standard (NAAQS) for the Metro-East/St.
Louis moderate ozone nonattainment area (NAA);
2.
to submit control strategies necessary to demonstrate attainment of the one-hour
ozone NAAQS for the Lake Michigan severe ozone NAA;
3.
to satisfy a portion of Illinois’ obligation to submit a State Implementation Plan
(SIP) to address the requirements of the so-called NOx SIP Call, 63 Fed. Reg.
57356 (Oct. 27, 1998),
1
by implementing the NOx Trading Program, 40 C.F.R. part
1
The NOx SIP Call (entitled “Finding of Significant Contribution and Rulemaking for Certain
States in the Ozone Transport Assessment Group Regions for Purpose of Reducing Regional
Transport of Ozone”) is a regulation promulgated by United States Environmental Protection
2
96, and determining source NOx allowance allocations for electrical generating
units (EGUs) as part of that program; and
4.
to meet the applicable requirements of Section 9.9 of the Environmental Protection
Act (Act) (415 ILCS 5/9.9 (1998)).
The adoption by the Board of these amendments is authorized under 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 CAA.
PROCEDURAL MATTERS
Pending Motions
Along with the proposal, the Agency filed a motion to waive the requirement that the
Agency provide the original and nine copies of the proposal (35 Ill. Adm. Code 101.103(b)
(1998)) and instead file one complete original and two complete copies, together with seven
partial copies, consisting of the following: the pleadings; the applicable federal guidance
documents; the appropriate
Federal Register
notices; and the text of the proposed rules absent
supporting exhibits. The Agency maintains that the entire regulatory proposal consists of over
1,000 pages.
In addition to the request to file fewer than one original and nine copies of all documents,
the Agency also requested that the Board waive the requirement that it provide the Attorney
General’s Office and the Department of Natural Resources with a copy of the proposed
amendments. The Agency asserts that it discussed the matter with both offices who agreed that the
Agency need not supply their offices with a copy of the entire proposal.
A third segment of the Agency’s motion requested that it not be required to submit copies
of three items incorporated by reference in new Subpart W to Part 217. The documents included
in the request are the following segments of the
Code of Federal Regulations
:
40 C.F.R. 96, Subparts B, D, G, and H (1998);
Agency (USEPA) to address ozone transport in the area of the country largely east of the
Mississippi River, published on October 27, 1998, at 63 Fed. Reg. 57356. A number of petitions
challenging this rulemaking were filed before the U.S. Court of Appeals for the D. C. Circuit. See
Michigan v. EPA No. 98-147, 2000 WL 180650 (D.C. Cir. 2000). That court subsequently stayed
the effective date of the NOx SIP Call rule. Michigan v. EPA, No. 98-1947, (D.C. Cir. May 25,
1999) (order granting stay). On March 3, 2000, the court upheld most of the NOx SIP Call rule,
but reversed and remanded for further consideration the inclusion of portions of Missouri and
Georgia in the rule, and reversed the inclusion of Wisconsin in the rule because USEPA had not
made a showing that sources in Wisconsin significantly contributed to nonattainment or interfered
with maintenance of the NAAQS in any other State. 2000 WL 180650 at *31.
3
40 C.F.R. 96.1 through 96.3, 96.5 through 96.7, 96.50 through 96.54, 96.55(a) and (b),
96.56, and 96.57 (1998); and
40 C.F.R. 72, 75, and 76 (1998).
Finally, the Agency requests that it not be required to provide the Board with multiple
copies of all documents relied on in development of the proposal and intended to be relied on at
hearing. The Agency instead would provide the Board with three copies of each of 13 listed
documents, one copy each of one other, and with no copies of three more documents. The
documents for which the Agency requests a waiver of the requirement that it file fewer than one
original and nine copies are listed in subheading 5 of the table of contents for the regulatory
proposal. Those listed in that table of contents as items (d) through (j) and (l) through (q) are
those of which the Agency wants to file three copies. The one in that table marked as item (k) is
the one of which the Agency requests that the Board allow it to file a single copy. The Agency
requested that the Board grant the Agency a waiver as to items (a) through (c) (the Clean Air Act,
the Environmental Protection Act, and Title 35 of the Illinois Administrative Code), asserting that
the documents are readily accessible to the Board.
The Board hereby grants the Agency’s motion in part, and denies it in part. The Board
orders the Agency to file an original and four copies of the proposal in its entirety, rather than only
three copies. The remainder of the Agency’s motion is granted.
Scheduling Constraints
Pursuant to Section 28.5 of the Act (415 ILCS 5/28.5 (1998)), the Board is required to
proceed within set timeframes toward the adoption of the regulation. The Board has no discretion
to adjust these timeframes under any circumstances. Today the Board adopts this proposal for
first-notice publication in the
Illinois Register
under the Illinois Administrative Procedure Act (5
ILCS 100 (1998)) without commenting on the merits of the proposal. The following schedule
indicates the dates on which the Board will act as provided in Section 28.5 of the Act (415 ILCS
5/28.5 (1998)):
First Notice
on or before July 25, 2000
First Hearing
on or before September 4, 2000
Second Hearing
on or before October 4, 2000
Third Hearing (if necessary)
on or before October 18, 2000
Second Notice
(if 3rd hearing is canceled)
on or before November 20, 2000
(if 3rd hearing is held)
on or before December 8, 2000
Final Adoption
21 days after receipt of JCAR certificate of no
objection
The third hearing may be canceled if unnecessary, as specified at Section 28.5(g)(3). The
Board will proceed in this matter as required by Section 28.5 of the Act (415 ILCS 5/28.5 (1998))
and as discussed in the Board’s resolutions regarding Section 28.5 of the Act. See RES 92-2
(October 28, 1992, and December 3, 1992).
4
Additional detail will be contained in a hearing officer order to be issued shortly.
ORDER
The Board directs the Clerk to cause the filing of the following with the Secretary of State
for First Notice publication in the
Illinois Register
.
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS FOR
STATIONARY SOURCES
PART 211
DEFINITIONS AND GENERAL PROVISIONS
SUBPART A: GENERAL PROVISIONS
Section
211.101
Incorporations by Reference
211.102
Abbreviations and Conversion Factors
SUBPART B: DEFINITIONS
Section
211.121
Other Definitions
211.122
Definitions (Repealed)
211.130
Accelacota
211.150
Accumulator
211.170
Acid Gases
211.210
Actual Heat Input
211.230
Adhesive
211.240
Adhesion Promoter
211.250
Aeration
211.270
Aerosol Can Filling Line
211.290
Afterburner
211.310
Air Contaminant
211.330
Air Dried Coatings
211.350
Air Oxidation Process
211.370
Air Pollutant
211.390
Air Pollution
211.410
Air Pollution Control Equipment
211.430
Air Suspension Coater/Dryer
211.450
Airless Spray
211.470
Air Assisted Airless Spray
211.474
Alcohol
5
211.479
Allowance
211.484
Animal
211.485
Animal Pathological Waste
211.490
Annual Grain Through-Put
211.495
Anti-Glare/Safety Coating
211.510
Application Area
211.530
Architectural Coating
211.550
As Applied
211.560
As-Applied Fountain Solution
211.570
Asphalt
211.590
Asphalt Prime Coat
211.610
Automobile
211.630
Automobile or Light-Duty Truck Assembly Source or Automobile or Light-Duty
Truck Manufacturing Plant
211.650
Automobile or Light-Duty Truck Refinishing
211.660
Automotive/Transportation Plastic Parts
211.670
Baked Coatings
211.680
Bakery Oven
211.685
Basecoat/Clearcoat System
211.690
Batch Loading
211.695
Batch Operation
211.696
Batch Process Train
211.710
Bead-Dipping
211.730
Binders
211.750
British Thermal Unit
211.770
Brush or Wipe Coating
211.790
Bulk Gasoline Plant
211.810
Bulk Gasoline Terminal
211.820
Business Machine Plastic Parts
211.830
Can
211.850
Can Coating
211.870
Can Coating Line
211.890
Capture
211.910
Capture Device
211.930
Capture Efficiency
211.950
Capture System
211.970
Certified Investigation
211.980
Chemical Manufacturing Process Unit
211.990
Choke Loading
211.1010
Clean Air Act
211.1050
Cleaning and Separating Operation
211.1070
Cleaning Materials
211.1090
Clear Coating
211.1110
Clear Topcoat
211.1130
Closed Purge System
211.1150
Closed Vent System
6
211.1170
Coal Refuse
211.1190
Coating
211.1210
Coating Applicator
211.1230
Coating Line
211.1250
Coating Plant
211.1270
Coil Coating
211.1290
Coil Coating Line
211.1310
Cold Cleaning
211.1312
Combined Cycle System
211.1316
Combustion Turbine
211.1320
Commence Commercial Operation
211.1324
Commence Operation
211.1328
Common Stack
211.1330
Complete Combustion
211.1350
Component
211.1370
Concrete Curing Compounds
211.1390
Concentrated Nitric Acid Manufacturing Process
211.1410
Condensate
211.1430
Condensible PM-10
211.1465
Continuous Automatic Stoking
211.1467
Continuous Coater
211.1470
Continuous Process
211.1490
Control Device
211.1510
Control Device Efficiency
211.1515
Control Period
211.1520
Conventional Air Spray
211.1530
Conventional Soybean Crushing Source
211.1550
Conveyorized Degreasing
211.1570
Crude Oil
211.1590
Crude Oil Gathering
211.1610
Crushing
211.1630
Custody Transfer
211.1650
Cutback Asphalt
211.1670
Daily-Weighted Average VOM Content
211.1690
Day
211.1710
Degreaser
211.1730
Delivery Vessel
211.1750
Dip Coating
211.1770
Distillate Fuel Oil
211.1780
Distillation Unit
211.1790
Drum
211.1810
Dry Cleaning Operation or Dry Cleaning Facility
211.1830
Dump-Pit Area
211.1850
Effective Grate Area
211.1870
Effluent Water Separator
211.1875
Elastomeric Materials
7
211.1880
Electromagnetic Interference/Radio Frequency (EMI/RFI) Shielding Coatings
211.1885
Electronic Component
211.1890
Electrostatic Bell or Disc Spray
211.1900
Electrostatic Prep Coat
211.1910
Electrostatic Spray
211.1920
Emergency or Standby Unit
211.1930
Emission Rate
211.1950
Emission Unit
211.1970
Enamel
211.1990
Enclose
211.2010
End Sealing Compound Coat
211.2030
Enhanced Under-the-Cup Fill
211.2050
Ethanol Blend Gasoline
211.2070
Excess Air
211.2080
Excess Emissions
211.2090
Excessive Release
211.2110
Existing Grain-Drying Operation (Repealed)
211.2130
Existing Grain-Handling Operation (Repealed)
211.2150
Exterior Base Coat
211.2170
Exterior End Coat
211.2190
External Floating Roof
211.2210
Extreme Performance Coating
211.2230
Fabric Coating
211.2250
Fabric Coating Line
211.2270
Federally Enforceable Limitations and Conditions
211.2285
Feed Mill
211.2290
Fermentation Time
211.2300
Fill
211.2310
Final Repair Coat
211.2330
Firebox
211.2350
Fixed-Roof Tank
211.2360
Flexible Coating
211.2365
Flexible Operating Unit
211.2370
Flexographic Printing
211.2390
Flexographic Printing Line
211.2410
Floating Roof
211.2420
Fossil Fuel
211.2425
Fossil Fuel-Fired
211.2430
Fountain Solution
211.2450
Freeboard Height
211.2470
Fuel Combustion Emission Unit or Fuel Combustion Emission Source
211.2490
Fugitive Particulate Matter
211.2510
Full Operating Flowrate
211.2530
Gas Service
211.2550
Gas/Gas Method
211.2570
Gasoline
8
211.2590
Gasoline Dispensing Operation or Gasoline Dispensing Facility
211.2620
Generator
211.2610
Gel Coat
211.2630
Gloss Reducers
211.2650
Grain
211.2670
Grain-Drying Operation
211.2690
Grain-Handling and Conditioning Operation
211.2710
Grain-Handling Operation
211.2730
Green-Tire Spraying
211.2750
Green Tires
211.2770
Gross Heating Value
211.2790
Gross Vehicle Weight Rating
211.2810
Heated Airless Spray
211.2815
Heat Input
211.2820
Heat Input Rate
211.2830
Heatset
211.2850
Heatset Web Offset Lithographic Printing Line
211.2870
Heavy Liquid
211.2890
Heavy Metals
211.2910
Heavy Off-Highway Vehicle Products
211.2930
Heavy Off-Highway Vehicle Products Coating
211.2950
Heavy Off-Highway Vehicle Products Coating Line
211.2970
High Temperature Aluminum Coating
211.2990
High Volume Low Pressure (HVLP) Spray
211.3010
Hood
211.3030
Hot Well
211.3050
Housekeeping Practices
211.3070
Incinerator
211.3090
Indirect Heat Transfer
211.3110
Ink
211.3130
In-Process Tank
211.3150
In-Situ Sampling Systems
211.3170
Interior Body Spray Coat
211.3190
Internal-Floating Roof
211.3210
Internal Transferring Area
211.3230
Lacquers
211.3250
Large Appliance
211.3270
Large Appliance Coating
211.3290
Large Appliance Coating Line
211.3310
Light Liquid
211.3330
Light-Duty Truck
211.3350
Light Oil
211.3370
Liquid/Gas Method
211.3390
Liquid-Mounted Seal
211.3410
Liquid Service
211.3430
Liquids Dripping
9
211.3450
Lithographic Printing Line
211.3470
Load-Out Area
211.3480
Loading Event
211.3490
Low Solvent Coating
211.3500
Lubricating Oil
211.3510
Magnet Wire
211.3530
Magnet Wire Coating
211.3550
Magnet Wire Coating Line
211.3570
Major Dump Pit
211.3590
Major Metropolitan Area (MMA)
211.3610
Major Population Area (MPA)
211.3620
Manually Operated Equipment
211.3630
Manufacturing Process
211.3650
Marine Terminal
211.3660
Marine Vessel
211.3670
Material Recovery Section
211.3690
Maximum Theoretical Emissions
211.3695
Maximum True Vapor Pressure
211.3710
Metal Furniture
211.3730
Metal Furniture Coating
211.3750
Metal Furniture Coating Line
211.3770
Metallic Shoe-Type Seal
211.3790
Miscellaneous Fabricated Product Manufacturing Process
211.3810
Miscellaneous Formulation Manufacturing Process
211.3830
Miscellaneous Metal Parts and Products
211.3850
Miscellaneous Metal Parts and Products Coating
211.3870
Miscellaneous Metal Parts or Products Coating Line
211.3890
Miscellaneous Organic Chemical Manufacturing Process
211.3910
Mixing Operation
211.3915
Mobile Equipment
211.3930
Monitor
211.3950
Monomer
211.3960
Motor Vehicles
211.3965
Motor Vehicle Refinishing
211.3970
Multiple Package Coating
211.3980
Nameplate Capacity
211.3990
New Grain-Drying Operation (Repealed)
211.4010
New Grain-Handling Operation (Repealed)
211.4030
No Detectable Volatile Organic Material Emissions
211.4050
Non-Contact Process Water Cooling Tower
211.4055
Non-Flexible Coating
211.4065
Non-Heatset
211.4070
Offset
211.4090
One Hundred Percent Acid
211.4110
One-Turn Storage Space
211.4130
Opacity
10
211.4150
Opaque Stains
211.4170
Open Top Vapor Degreasing
211.4190
Open-Ended Valve
211.4210
Operator of a Gasoline Dispensing Operation or Operator of a Gasoline
Dispensing Facility
211.4230
Organic Compound
211.4250
Organic Material and Organic Materials
211.4260
Organic Solvent
211.4270
Organic Vapor
211.4290
Oven
211.4310
Overall Control
211.4330
Overvarnish
211.4350
Owner of a Gasoline Dispensing Operation or Owner of a Gasoline Dispensing
Facility
211.4370
Owner or Operator
211.4390
Packaging Rotogravure Printing
211.4410
Packaging Rotogravure Printing Line
211.4430
Pail
211.4450
Paint Manufacturing Source or Paint Manufacturing Plant
211.4470
Paper Coating
211.4490
Paper Coating Line
211.4510
Particulate Matter
211.4530
Parts Per Million (Volume) or PPM (Vol)
211.4550
Person
211.4590
Petroleum
211.4610
Petroleum Liquid
211.4630
Petroleum Refinery
211.4650
Pharmaceutical
211.4670
Pharmaceutical Coating Operation
211.4690
Photochemically Reactive Material
211.4710
Pigmented Coatings
211.4730
Plant
211.4740
Plastic Part
211.4750
Plasticizers
211.4770
PM-10
211.4790
Pneumatic Rubber Tire Manufacture
211.4810
Polybasic Organic Acid Partial Oxidation Manufacturing Process
211.4830
Polyester Resin Material(s)
211.4850
Polyester Resin Products Manufacturing Process
211.4870
Polystyrene Plant
211.4890
Polystyrene Resin
211.4910
Portable Grain-Handling Equipment
211.4930
Portland Cement Manufacturing Process Emission Source
211.4950
Portland Cement Process or Portland Cement Manufacturing Plant
211.4960
Potential Electrical Output Capacity
211.4970
Potential to Emit
11
211.4990
Power Driven Fastener Coating
211.5010
Precoat
211.5030
Pressure Release
211.5050
Pressure Tank
211.5060
Pressure/Vacuum Relief Valve
211.5061
Pretreatment Wash Primer
211.5065
Primary Product
211.5070
Prime Coat
211.5080
Primer Sealer
211.5090
Primer Surfacer Coat
211.5110
Primer Surfacer Operation
211.5130
Primers
211.5150
Printing
211.5170
Printing Line
211.5185
Process Emission Source
211.5190
Process Emission Unit
211.5210
Process Unit
211.5230
Process Unit Shutdown
211.5245
Process Vent
211.5250
Process Weight Rate
211.5270
Production Equipment Exhaust System
211.5310
Publication Rotogravure Printing Line
211.5330
Purged Process Fluid
211.5340
Rated Heat Input Capacity
211.5350
Reactor
211.5370
Reasonably Available Control Technology (RACT)
211.5390
Reclamation System
211.5410
Refiner
211.5430
Refinery Fuel Gas
211.5450
Refinery Fuel Gas System
211.5470
Refinery Unit or Refinery Process Unit
211.5480
Reflective Argent Coating
211.5490
Refrigerated Condenser
211.5500
Regulated Air Pollutant
211.5510
Reid Vapor Pressure
211.5530
Repair
211.5550
Repair Coat
211.5570
Repaired
211.5580
Repowering
211.5590
Residual Fuel Oil
211.5600
Resist Coat
211.5610
Restricted Area
211.5630
Retail Outlet
211.5650
Ringelmann Chart
211.5670
Roadway
211.5690
Roll Coater
12
211.5710
Roll Coating
211.5730
Roll Printer
211.5750
Roll Printing
211.5770
Rotogravure Printing
211.5790
Rotogravure Printing Line
211.5810
Safety Relief Valve
211.5830
Sandblasting
211.5850
Sanding Sealers
211.5870
Screening
211.5890
Sealer
211.5910
Semi-Transparent Stains
211.5930
Sensor
211.5950
Set of Safety Relief Valves
211.5970
Sheet Basecoat
211.5980
Sheet-Fed
211.5990
Shotblasting
211.6010
Side-Seam Spray Coat
211.6025
Single Unit Operation
211.6030
Smoke
211.6050
Smokeless Flare
211.6060
Soft Coat
211.6070
Solvent
211.6090
Solvent Cleaning
211.6110
Solvent Recovery System
211.6130
Source
211.6140
Specialty Coatings
211.6145
Specialty Coatings for Motor Vehicles
211.6150
Specialty High Gloss Catalyzed Coating
211.6170
Specialty Leather
211.6190
Specialty Soybean Crushing Source
211.6210
Splash Loading
211.6230
Stack
211.6250
Stain Coating
211.6270
Standard Conditions
211.6290
Standard Cubic Foot (scf)
211.6310
Start-Up
211.6330
Stationary Emission Source
211.6350
Stationary Emission Unit
211.6355
Stationary Gas Turbine
211.6360
Stationary Reciprocating Internal Combustion Engine
211.6370
Stationary Source
211.6390
Stationary Storage Tank
211.6400
Stencil Coat
211.6410
Storage Tank or Storage Vessel
211.6420
Strippable Spray Booth Coating
211.6430
Styrene Devolatilizer Unit
13
211.6450
Styrene Recovery Unit
211.6470
Submerged Loading Pipe
211.6490
Substrate
211.6510
Sulfuric Acid Mist
211.6530
Surface Condenser
211.6540
Surface Preparation Materials
211.6550
Synthetic Organic Chemical or Polymer Manufacturing Plant
211.6570
Tablet Coating Operation
211.6580
Texture Coat
211.6590
Thirty-Day Rolling Average
211.6610
Three-Piece Can
211.6620
Three or Four Stage Coating System
211.6630
Through-the-Valve Fill
211.6650
Tooling Resin
211.6670
Topcoat
211.6690
Topcoat Operation
211.6695
Topcoat System
211.6710
Touch-Up
211.6720
Touch-Up Coating
211.6730
Transfer Efficiency
211.6750
Tread End Cementing
211.6770
True Vapor Pressure
211.6790
Turnaround
211.6810
Two-Piece Can
211.6830
Under-the-Cup Fill
211.6850
Undertread Cementing
211.6860
Uniform Finish Blender
211.6870
Unregulated Safety Relief Valve
211.6880
Vacuum Metallizing
211.6890
Vacuum Producing System
211.6910
Vacuum Service
211.6930
Valves Not Externally Regulated
211.6950
Vapor Balance System
211.6970
Vapor Collection System
211.6990
Vapor Control System
211.7010
Vapor-Mounted Primary Seal
211.7030
Vapor Recovery System
211.7050
Vapor-Suppressed Polyester Resin
211.7070
Vinyl Coating
211.7090
Vinyl Coating Line
211.7110
Volatile Organic Liquid (VOL)
211.7130
Volatile Organic Material Content (VOMC)
211.7150
Volatile Organic Material (VOM) or Volatile Organic Compound (VOC)
211.7170
Volatile Petroleum Liquid
211.7190
Wash Coat
211.7200
Washoff Operations
14
211.7210
Wastewater (Oil/Water) Separator
211.7230
Weak Nitric Acid Manufacturing Process
211.7250
Web
211.7270
Wholesale Purchase - Consumer
211.7290
Wood Furniture
211.7310
Wood Furniture Coating
211.7330
Wood Furniture Coating Line
211.7350
Woodworking
211.7400
Yeast Percentage
Appendix A Rule into Section Table
Appendix B Section into Rule Table
AUTHORITY: Implementing Sections 9, 9.1, 9.9, and 10 and authorized by Sections 27 and 28.5
of the Environmental Protection Act [415 ILCS 5/9, 9.1, 9.9, 10, 27 and 28.5].
SOURCE: Adopted as Chapter 2: Air Pollution, Rule 201: Definitions, R71-23, 4 PCB 191,
filed and effective April 14, 1972; amended in R74-2 and R75-5, 32 PCB 295, at 3 Ill. Reg. 5, p.
777, effective February 3, 1979; amended in R78-3 and 4, 35 PCB 75 and 243, at 3 Ill. Reg. 30, p.
124, effective July 28, 1979; amended in R80-5, at 7 Ill. Reg. 1244, effective January 21, 1983;
codified at 7 Ill. Reg. 13590; amended in R82-1 (Docket A) at 10 Ill. Reg. 12624, effective July 7,
1986; amended in R85-21(A) at 11 Ill. Reg. 11747, effective June 29, 1987; amended in R86-34 at
11 Ill. Reg. 12267, effective July 10, 1987; amended in R86-39 at 11 Ill. Reg. 20804, effective
December 14, 1987; amended in R82-14 and R86-37 at 12 Ill. Reg. 787, effective December 24,
1987; amended in R86-18 at 12 Ill. Reg. 7284, effective April 8, 1988; amended in R86-10 at 12
Ill. Reg. 7621, effective April 11, 1988; amended in R88-23 at 13 Ill. Reg. 10862, effective June
27, 1989; amended in R89-8 at 13 Ill. Reg. 17457, effective January 1, 1990; amended in R89-
16(A) at 14 Ill. Reg. 9141, effective May 23, 1990; amended in R88-30(B) at 15 Ill. Reg. 5223,
effective March 28, 1991; amended in R88-14 at 15 Ill. Reg. 7901, effective May 14, 1991;
amended in R91-10 at 15 Ill. Reg. 15564, effective October 11, 1991; amended in R91-6 at 15 Ill.
Reg. 15673, effective October 14, 1991; amended in R91-22 at 16 Ill. Reg. 7656, effective May 1,
1992; amended in R91-24 at 16 Ill. Reg. 13526, effective August 24, 1992; amended in R93-9 at
17 Ill. Reg. 16504, effective September 27, 1993; amended in R93-11 at 17 Ill. Reg. 21471,
effective December 7, 1993; amended in R93-14 at 18 Ill. Reg. 1253, effective January 18, 1994;
amended in R94-12 at 18 Ill. Reg. 14962, effective September 21, 1994; amended in R94-14 at 18
Ill. Reg. 15744, effective October 17, 1994; amended in R94-15 at 18 Ill. Reg. 16379, effective
October 25, 1994; amended in R94-16 at 18 Ill. Reg. 16929, effective November 15, 1994;
amended in R94-21, R94-31 and R94-32 at 19 Ill. Reg. 6823, effective May 9, 1995; amended in
R94-33 at 19 Ill. Reg. 7344, effective May 22, 1995; amended in R95-2 at 19 Ill. Reg. 11066,
effective July 12, 1995; amended in R95-16 at 19 Ill. Reg. 15176, effective October 19, 1995;
amended in R96-5 at 20 Ill. Reg. 7590, effective May 22, 1996; amended in R96-16 at 21 Ill. Reg.
2641, effective February 7, 1997; amended in R97-17 at 21 Ill. Reg. 6489, effective May 16,
1997; amended in R97-24 at 21 Ill. Reg. 7695, effective June 9, 1997; amended in R96-17 at 21
Ill. Reg. 7856, effective June 17, 1997; amended in R97-31 at 22 Ill. Reg. 3497, effective
February 2, 1998; amended in R98-17 at 22 Ill. Reg.11405, effective June 22, 1998; amended in
R01-09 at ____ Ill. Reg. ________, effective ____________________.
15
BOARD NOTE: This Part implements the Illinois Environmental Protection Act as of July 1,
1994.
Section 211.102
Abbreviations and Conversion Factors
a)
Abbreviations used in this Part include the following:
ASTM
American Society for Testing and Materials
bbl
barrels (42 gallons)
btu
British thermal units (60
o
F)
btu/hr
btu per hour
o
C
degrees Celsius or centigrade
CAAPP
Clean Air Act Permit Program
cm
centimeters
cu in
cubic inches
EGU
Electrical Generating Unit
o
F
degrees Fahrenheit
FIP
Federal Implementation Plan
ft
feet
ft
2
square feet
ft
3
cubic feet
g
grams
gpm
gallons per minute
g/mole
grams per mole
gal
gallons
hp
horsepower
hr
hours
in
inch
o
K
degrees Kelvin
kcal
kilocalories
kg
kilograms
kg/hr
kilograms per hour
kPa
kilopascals; one thousand newtons per square meter
kW
kilowatt
l
liters
l/sec
liters per second
lbs
pounds
lbs/day
pounds per day
lbs/hr
pounds per hour
lbs/gal
pounds per gallon
lbs/yr
pounds per year
LEL
lower explosive limit
m
meters
m
2
square meters
m
3
cubic meters
16
mg
milligrams
Mg
Megagrams, metric tons or tonnes
ml
milliliters
min
minutes
MJ
megajoules
mmbtu
million British thermal units
mmbtu/hr
million British thermal units per hour
mmHg
millimeters of mercury
MTE
maximum theoretical emissions
MWe
megawatt of electricity
MW
megawatt; one million watts
MW-hr
megawatt per hour
NDO
natural draft opening
No
x
x
nitrogen oxides
peoc
potential electrical output capacity
ppm (vol)
parts per million
ppmv
parts per million by volume
ppmvd
parts per million by volume dry
psi
pounds per square inch
psia
pounds per square inch absolute
psig
pounds per square inch gauge
PTE
potential to emit
RACT
reasonably available control technology
scf
standard cubic feet
scm
standard cubic meters
sec
seconds
SIP
State Implementation Plan
TTE
temporary total enclosure
sq cm
square centimeters
sq in
square inches
T
short ton (2,000 lbs)
ton
short ton (2,000 lbs)
TPY
tons per year
USEPA
United States Environmental Protection Agency
VOC
volatile organic compounds
VOL
volatile organic liquids
VOM
volatile organic materials
b)
The following conversion factors have been used in this Part:
English
Metric
1 gal
3.785 1
1,000 gal
3,785 1 or 3.785 m
3
1 psia
6.897 kPA (51.71 mmHg)
2.205 lbs
1 kg
32
o
0
o
C (273.15
o
K)
17
1 bbl
159.0 l
1 cu in
16.39 ml
1 lb/gal
119,800 mg/l
1 lb/mmbtu
1.548 kg/MW-hr
1 lb/T
0.500 kg/Mg
1 ton
0.907 Mg
1 T
0.907 Mg
mmbtu/hr
0.293 MW
(Source: Amended at ____ Ill. Reg. ________, effective ____________________)
Section 211.479
Allowance
“Allowance” means an authorization to emit up to one ton of NOx during the control period of a
specified year or any year thereafter under 35 Ill. Adm. Code 217 and 40 CFR part 96.
(Source: Added at ____ Ill. Reg. ________, effective ____________________)
Section 211.1312
Combined Cycle System
“Combined Cycle System” means a system comprised of one or more combustion turbines, heat
recovery steam generators, and steam turbines configured to improve overall efficiency of
electricity generation or steam production.
(Source: Added at ____ Ill. Reg. ________, effective ____________________)
Section 211.1316
Combustion Turbine
“Combustion Turbine” means an enclosed fossil or other fuel-fired device that is comprised of a
compressor, a combustor, and a turbine, and in which the flue gas resulting from the combustion of
fuel in the combustor passes through the turbine, rotating the turbine.
(Source: Added at ____ Ill. Reg. ________, effective ____________________)
Section 211.1320
Commence Commercial Operation
For purposes of 35 Ill. Adm. Code 217, “commence commercial operation” means, with regard to
an EGU that serves a generator, to have begun to produce steam, gas, or other heated medium used
to generate electricity for sale or use, including test generation. Such date shall remain the unit’s
date of commencement of operation even if the EGU is subsequently modified, reconstructed or
repowered.
(Source: Added at ____ Ill. Reg. ________, effective ____________________)
18
Section 211. 1324
Commence Operation
For purposes of 35 Ill. Adm. Code 217, “commence operation” means with regard to a stationary
boiler, combustion turbine, or combined cycle system to have begun any mechanical, chemical, or
electronic process, including, start-up of the unit’s combustion chamber. Such date shall remain
the unit’s date of commencement of operation even if the unit is subsequently modified,
reconstructed, or repowered.
(Source: Added at ____ Ill. Reg. ________, effective ____________________)
Section 211.1328
Common Stack
“Common stack” means a single flue through which emissions from two or more units are
exhausted.
(Source: Added at ____ Ill. Reg. ________, effective ____________________)
Section 211.1515
Control Period
For purposes of 35 Ill. Adm. Code 217, “control period” means the period beginning May 1 of a
year and ending on September 30 of the same year, inclusive.
(Source: Added at ____ Ill. Reg. ________, effective ____________________)
Section 211.2080
Excess Emissions
“Excess emissions” means any tonnage of NOx emitted by a NOx budget unit during a control
period that exceeds the NOx allowances available for compliance deduction for the unit and for a
control period.
(Source: Added at ____ Ill. Reg. ________, effective ____________________)
Section 211.2420
Fossil Fuel
“Fossil fuel” means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel
derived from such material.
(Source: Added at ____ Ill. Reg. ________, effective ____________________)
Section 211.2425
Fossil Fuel-Fired
“Fossil fuel-fired” means the combustion of fossil fuel, alone or in combination with any other
fuel, where fossil fuel actually combusted comprises or is projected to comprise more than 50
percent of the annual heat input on a btu basis during any year.
(Source: Added at ____ Ill. Reg. ________, effective ____________________)
19
Section 211.2620
Generator
“Generator” means a device that produces electricity.
(Source: Added at ____ Ill. Reg. ________, effective ____________________)
Section 211.2815
Heat Input
“Heat input” means the product of the gross heating value of the fuel and the amount of fuel
combusted in a combustion device. Heat input does not include the heat derived from preheated
combustion air, recirculated flue gases, or exhaust from other sources.
(Source: Added at ____ Ill. Reg. ________, effective ____________________)
Section 211.2820
Heat Input Rate
“Heat input rate” means the amount of heat input used by a combustion device, divided by its
operating time (in hrs).
(Source: Added at ____ Ill. Reg. ________, effective ____________________)
Section 211.3980
Nameplate Capacity
“Nameplate capacity” means the maximum electrical generating output (in MWe) that a generator
can sustain over a specified period of time when not restricted by seasonal or other deratings as
measured in accordance with the United States Department of Energy standards.
(Source: Added at ____ Ill. Reg. ________, effective ____________________)
Section 211.4960
Potential Electrical Output Capacity
“Potential electrical output capacity” means the MWe capacity rating for the units which shall be
equal to 33% of the maximum design heat input capacity of the steam generating unit.
(Source: Added at ____ Ill. Reg. ________, effective ____________________)
Section 211.5580
Repowering
For purposes of 35 Ill. Adm. Code 217, Subpart W, “repowering” means the conversion or
replacement of an existing budget EGU, as identified in Appendix F, with a technology capable of
controlling NOx and other combustion emissions simultaneously with improved boiler or
generation efficiency and with waste reduction, or any other replacement generation technology as
determined by the Illinois Environmental Protection Agency. Repowering shall be considered a
control technology for purposes of 35 Ill. Adm. Code 217.
20
(Source: Added at ____ Ill. Reg. ________, effective ____________________)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS FOR
STATIONARY SOURCES
PART 217
NITROGEN OXIDES EMISSIONS
SUBPART A: GENERAL PROVISIONS
Section
217.100
Scope and Organization
217.101
Measurement Methods
217.102
Abbreviations and Units
217.103
Definitions
217.104
Incorporations by Reference
SUBPART W: NOx TRADING PROGRAM FOR ELECTRICAL GENERATING
UNITS
Section
217.750
Purpose
217.752
Severability
217.754
Applicability
217.756
Compliance Requirements
217.758
Permitting Requirements
217.760
NOx Trading Budget
217.762
Methodology for Calculating NOx Allocations for Budget Electrical Generating
Units (“EGUs”)
217.764
NOx Allocations for EGUs
217.766
(Reserved)
217.768
New Source Set-Asides for “New” Budget EGUs
217.770
Early Reduction Credits for Budget EGUs
217.772
(Reserved)
217.774
Opt-in Units
217.776
Opt-in Process
217.778
Budget Opt-in Units: Withdrawal from the NOx Trading Program
217.780
Opt-in Units: Change in Regulatory Status
217.782
Allowance Allocations to Budget Opt-in Units
Appendix D Non-Electrical Generating Units
Appendix F
Allowances for Electrical Generating Units
AUTHORITY: Implementing Sections 9.9 and 10 and authorized by Section 27 of the
Environmental Protection
Act (Ill. Rev. Stat. 1981, ch. 111 ½, pars. 1010 and 1027) [415 ILCS 5/9.9, 10 and 27.]
21
SOURCE: Adopted as Chapter 2: Air Pollution, Rule 207: Nitrogen Oxides Emissions, R71-23, 4 PCB 191, April 13,
1972, filed and effective April 14, 1972; amended at 2 Ill. Reg. 17, p. 101, effective April 13, 1978; codified at 7 Ill. Reg.
13609; amended in R01-9 at _____ Ill. Reg. ____ Ill. Reg. ________, effective ____________________.
SUBPART A: GENERAL PROVISIONS
Section 217.100
Scope and Organization
a)
This Part sets standards and limitations for emission of oxides of nitrogen from
stationary sources.
b)
Permits for sources subject to this Part may be required pursuant to 35 Ill. Adm.
Code 201.
c)
Notwithstanding the provisions of this Part the air quality standards contained in 35
Ill. Adm. Code 243 may not be violated.
d)
This Part is divided into Subparts which are grouped as follows:
1)
Subpart A: General Provisions;
2)
Subparts B-J: Fuel Combustion Sources and Incinerators;
3)
Subparts K-M: Process Emission Sources;
4)
Subparts N-End: Industry and Site-specific rules.
ed
These rules have been grouped for convenience of the public; the scope of each is
determined by its language and history.
(Source: Amended at ____ Ill. Reg. ________, effective ____________________)
Section 217.101
Measurement Methods
Measurement of nitrogen oxides shall be according to:
a)
The the phenol disulfonic acid method, 36 Fed. Reg. 15, 718 40 CFR 60, Appendix
A, Method 7. (1999); and
b)
Continuous emissions monitoring pursuant to 40 CFR 75 (1999).
(Source: Amended at ____ Ill. Reg. ________, effective ____________________)
Section 217.102
Abbreviations and Units
a)
The following abbreviations are used in this Part:
22
btu
British thermal unit (60
o
F)
EGU
Electrical Generating Unit
kg
kilogram
kg/MW-hr
kilograms per megawatt-hour, usually used as an hourly emission
rate
lb
pound
NO
x
x
Nitrogen Oxides
lbs/mmbtu
pounds per million btu, usually used as an hourly emission rate
Mg
megagram or metric tonne
mmbtu
million British thermal units
mmbtu/hr
million British thermal units per hour
MWe
megawatt of electricity
MW
megawatt; one million watts
MW-hr
megawatt-hour
peoc
potential electrical output capacity
ppm
parts per million
ppmv
parts per million by volume
T
English ton
b)
The following conversion factors have been used in this Part:
English
Metric
2.205 lb
1 kg
1 T
0.907 Mg
1 lb/T
0.500 kg/Mg
Mmbtu/hr
0.293 MW
1 lb/mmbtu
1.548 kg/MW-hr
(Source: Amended at ____ Ill. Reg. ________, effective ____________________)
Section 217.104
Incorporations by Reference
The following materials are incorporated by reference. These incorporations do not include any
later amendments or editions.
a)
The the phenol disulfonic acid method as published in 36 Fed. Reg. 15, 718, 40
CFR 60, Appendix A, Method 7. (1999);
b)
40 CFR 96, Subparts B, D, G and H (1999);
c)
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 (1999); and
d)
40 CFR 72, 75 & 76 (1999).
23
(Source: Amended at ____ Ill. Reg. ________, effective ____________________)
SUBPART W: NOx TRADING PROGRAM FOR ELECTRICAL GENERATING UNITS
Section 217.750
Purpose
The purpose of this Subpart is to control the emissions of nitrogen oxides (NOx) during the ozone
control period (May 1 through September 30 of each year) from electrical generating units (EGUs)
by determining source allocations and implementing the NOx Trading Program pursuant to 40 CFR
96, as authorized by Section 9.9 of the Act. [415 ILCS 5/9.9].
(Source: Added at ____ Ill. Reg. ________, effective ____________________)
Section 217.752
Severability
If any Section, subsection or clause of this Subpart is found invalid, such finding shall not affect
the validity of this Subpart as a whole or any Section, sentence or clause not found invalid.
(Source: Added at ____ Ill. Reg. ________, effective ____________________)
Section 217.754
Applicability
a)
The following fossil fuel-fired stationary boilers, combustion turbines or combined
cycle systems are electrical generating units (EGUs) and are subject to this
Subpart:
1)
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.
2)
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 (50%) of a unit’s potential electrical output capacity
shall be determined by multiplying the unit’s maximum design heat input by
0.0488 MWe/mmbtu. If the size of the generator is greater than this
calculated number, the unit is an EGU subject to the provisions of this
Subpart.
b)
Those units that meet the above criteria and are subject to the NOx Trading
Program emissions limitations contained in this Subpart are budget EGUs.
c)
Low-emitter status: Notwithstanding subsection (a) of this Section, the owner or
operator of a budget EGU under subsection (a) of this Section may elect low-
24
emitter status by obtaining a permit with federally enforceable conditions meeting
the requirements of subsection (c)(1) of this Section. Starting with the effective
date of such permit, the EGU shall not be a budget EGU and shall be subject only to
the requirements of this subsection.
1)
For each control period under subsection (c) of this Section, the federally
enforceable permit conditions must:
A)
Restrict the EGU to burning only natural gas, fuel oil, or natural gas
and fuel oil;
B)
Limit the EGU’s potential NOx mass emissions for the control
period to 25 tons or less;
C)
Restrict the EGU’s operating hours during the control period to the
number calculated by dividing 25 tons of potential NOx mass
emissions by the EGU’s maximum potential hourly NOx mass
emissions;
D)
Require that the EGU’s potential NOx mass emissions be calculated
by using the monitoring provisions of 40 CFR 75 or if the EGU does
not rely on these monitoring provisions, by using the applicable
default rate, as follows:
i)
Select the applicable default NOx emission rate from one of
the following:
0.7 lb/mmbtu for combustion turbines burning natural gas
exclusively during the control period;
1.2 lbs/mmbtu for combustion turbines burning any fuel oil
during the control period;
1.5 lbs/mmbtu for boilers burning natural gas exclusively
during the control period;.or
2 lbs/mmbtu for boilers burning any fuel oil during the
control period.
ii)
Multiply the default NOx emission rate under subsection
(c)(1)(D)(i) of this Section by the EGU’s unit-specific
maximum rated heat input (mmbtu) which is the higher of the
manufacturer’s maximum rated hourly heat input or the
highest observed hourly heat input. The owner or operator of
the EGU may request in the permit application required by
this subsection that the Agency use a lower value for the
25
EGU’s maximum rated hourly heat input. The Agency may
approve such lower value if the owner or operator
demonstrates that the maximum hourly heat input specified
by the manufacturer or the highest observed hourly heat
input, or both, are not representative. The owner or operator
must also demonstrate that such lower value is
representative of the EGU’s current capabilities because
modifications have been made to the EGU that permanently
limit the EGU’s capacity;
E)
Require that the owner or operator of the EGU retain for five years
at the source that includes the EGU, records demonstrating that the
operating hours restriction, the fuel use restriction, and the other
requirements of the permit related to these restrictions were met;
and
F)
Require that the owner or operator of the EGU report to the Agency
the EGU’s hours of operation (treating any partial hour of operation
as a whole hour of operation), heat input, and fuel use by type during
each control period. This report shall be submitted by November 1
of each year the EGU elects low-emitter status.
2)
The Agency will notify USEPA in writing of each EGU electing low-
emitter status pursuant to the requirements of subsection (c)(1) of this
Section and when any of the following occurs:
A)
The permit with federally enforceable conditions that includes the
restrictions in subsection (c)(1) of this Section is issued by the
Agency;
B)
Such permit is revised to remove any such restriction;
C)
Such permit includes any such restriction that is no longer
applicable; or
D)
The EGU does not comply with any such restriction.
3)
The EGU shall become a budget EGU, subject to the requirements of this
Subpart if, for any control period under subsection (c) of this Section, the
fuel use restriction or the operating hours restriction under subsection (c)(1)
of this Section is removed from the EGU’s permit or otherwise becomes no
longer applicable, or the EGU does not comply with the fuel use restriction
or the operating hours restriction under subsection (c)(1) of this Section.
Such EGU shall be treated as commencing operation and, for a unit under
subsection (a)(1) of this Section, commencing commercial operation, on
September 30 of the year prior to the control period for which the fuel use
26
restriction or the operating hours restriction is no longer applicable or
during which the EGU does not comply with the fuel use restriction or the
operating hours restriction.
4)
The owner or operator of an EGU to which the Agency has ever allocated
allowances may elect low-emitter status. In that case, the Agency will
reduce the EGU trading budget by the number of allowances corresponding
to the amount of NOx emissions the EGU is permitted to emit during the
control period as set forth in the EGU’s federally enforceable state
operating permit.
d)
Notwithstanding the provisions in subsection (a) of this Section, sources may opt-
into the NOx Trading Program and will receive allowance allocations consistent
with applicable requirements, if they meet the requirements for a budget opt-in unit
pursuant to Sections 217.774 through 217.782 of this Part.
(Source: Added at ____ Ill. Reg. ________, effective ____________________)
Section 217.756
Compliance Requirements
All EGUs subject to the requirements of this Subpart must comply with the following:
a)
The requirements of this Subpart and 40 CFR 96 (excluding 40 CFR 96.4(b),
96.55(c), and excluding 40 CFR 96, Subparts C, E, and I) as incorporated by
reference in Section 217.104 of this Part.
b)
Permit requirements:
1)
The owner or operator of each source with one or more budget EGUs at the
source must apply for a permit issued by the Agency with federally
enforceable conditions covering the NOx Trading Program (“budget
permit”) that complies with the requirements of Section 217.758 of this
Part.
2)
The owner or operator of each budget source and each budget EGU at the
source must operate the budget EGU in compliance with such budget permit.
c)
Monitoring requirements:
1)
The owner or operator of each budget source and each budget EGU at the
source must comply with the monitoring requirements of 40 CFR 96,
Subpart H. The account representative of each budget source and each
budget EGU at the source must comply with those sections of the monitoring
requirements of 40 CFR 96, Subpart H, applicable to an account
representative.
27
2)
The compliance of each budget EGU with the budget emissions limitation
under subsection (d) of this Section shall be determined by the emissions
measurements recorded and reported in accordance with 40 CFR 96,
Subpart H.
d)
NOx requirements:
1)
By November 30 of each year, the allowance transfer deadline, the account
representative of each budget source and each budget EGU at the source
shall hold allowances available for compliance deductions under 40 CFR
96.54 in the budget EGU’s compliance account or the source's overdraft
account. The number of allowances held shall not be less than the budget
EGU’s total tons of NOx emissions for the control period, rounded to the
nearest whole ton, as determined in accordance with 40 CFR 96, Subpart
H, plus any number necessary to account for actual utilization (e.g., for
testing, start-up, malfunction, and shut down) under 40 CFR 96.42(e) for the
control period.
2)
Each ton of NOx emitted in excess of the number of NOx allowances held
by the owner or operator for each budget EGU for each control period shall
constitute a separate violation of this Part and the Act.
3)
A budget EGU shall be subject to the monitoring and NOx requirements of
subsections (c)(1) and (d)(1) of this Section starting on the later of May 1,
2003, the date on which the EGU commences OR THE FIRST DAY OF
THE CONTROL SEASON SUBSEQUENT TO THE CALENDAR YEAR
IN WHICH ALL OF THE OTHER STATES SUBJECT TO THE
PROVISIONS OF THE NOX SIP CALL [63 Fed. Reg. 57355 (October 27,
1998)] THAT ARE LOCATED IN USEPA REGION V OR THAT ARE
CONTIGUOUS TO ILLINOIS HAVE ADOPTED REGULATIONS TO
IMPLEMENT NOX TRADING PROGRAMS AND OTHER REQUIRED
REDUCTIONS OF NOX EMISSIONS PURSUANT TO THE NOX SIP
CALL, AND SUCH REGULATIONS HAVE RECEIVED FINAL
APPROVAL BY USEPA AS PART OF THE RESPECTIVE STATES’
SIPS FOR OZONE, OR A FINAL FIP FOR OZONE PROMULGATED BY
USEPA IS EFFECTIVE.
4)
Allowances shall be held in, deducted from, or transferred among
allowance accounts in accordance with this Subpart and 40 CFR 96,
Subparts F and G, and Sections 217.774 through 217.782 of this Part.
5)
In order to comply with the requirements of subsection (d)(1) of this
Section, an allowance may not be utilized for a control period in a year
prior to the year for which the allowance is allocated.
28
6)
An allowance allocated by the Agency or USEPA under the NOx Trading
Program is a limited authorization to emit one ton of NOx in accordance
with the NOx Trading Program. No provision of the NOx Trading Program,
the budget permit application, the budget permit, or a retired unit exemption
under 40 CFR 96.5, and no provision of law shall be construed to limit the
authority of the United States or the State to terminate or limit this
authorization.
7)
An allowance allocated by the Agency or USEPA under the NOx Trading
Program does not constitute a property right.
8)
Upon recordation by USEPA under 40 CFR 96, Subpart F or G, or Section
217.782 of this Part, every allocation, transfer, or deduction of an
allowance to or from a budget EGU’s compliance account or to or from the
overdraft account of the budget source where the budget EGU is located is
deemed to amend automatically, and become a part of, any budget permit of
the budget EGU. This automatic amendment of the budget permit shall be
deemed an operation of law and will not require any further review.
e)
Recordkeeping and reporting requirements:
1)
Unless otherwise provided, the owner or operator of the budget source and
each budget EGU at the source shall keep on site at the source each of the
documents listed in subsections (e)(1)(A) through (e)(1)(D) of this Section
for a period of five years from the date the document is created. This
period may be extended for cause, at any time prior to the end of five years,
in writing by the Agency or USEPA.
A)
The account certificate of representation of the account
representative for the source and each budget EGU at the source, all
documents that demonstrate the truth of the statements in the account
certificate of representation, in accordance with 40 CFR 96.13,
provided that the certificate and documents must be retained on site
at the source beyond such five-year period until such documents are
superseded because of the submission of a new account certificate
of representation changing the account representative.
B)
All emissions monitoring information, in accordance with 40 CFR
96, Subpart H, provided that to the extent that 40 CFR 96, Subpart H
provides for a three-year period for recordkeeping, the three-year
period shall apply.
C)
Copies of all reports, compliance certifications, and other
submissions and all records made or required under the NOx
Trading Program or documents necessary to demonstrate
compliance with the requirements of the NOx Trading Program.
29
D)
Copies of all documents used to complete a budget permit
application and any other submission under the NOx Trading
Program.
2)
The account representative of a budget source and each budget EGU at the
source must submit to the Agency and USEPA the reports and compliance
certifications required under the NOx Trading Program, including those
under 40 part 96, Subparts D and H, and Section 217.774 of this Part.
f)
Liability:
1)
No revision of a permit for a budget EGU shall excuse any violation of the
requirements of the NOx Trading Program that occurs prior to the date that
the revision to such budget permit takes effect.
2)
Each budget source and each budget EGU shall meet the requirements of the
NOx Trading Program.
3)
Any provision of the NOx Trading Program that applies to a budget source
(including any provision applicable to the account representative of a
budget source) shall also apply to the owner and operator of such budget
source and to the owner and operator of each budget EGU at the source.
4)
Any provision of the NOx Trading Program that applies to a budget EGU
(including any provision applicable to the account representative of a
budget EGU) shall also apply to the owner and operator of such budget
EGU. Except with regard to the requirements applicable to budget EGUs
with a common stack under 40 CFR 96, Subpart H, the owner and operator
and the account representative of one budget EGU shall not be liable for any
violation by any other budget EGU of which they are not an owner or
operator or the account representative.
5)
Excess emissions requirements. The account representative of a budget
EGU that has excess emissions in any control period shall:
A)
Surrender the allowances as required for deduction under 40 CFR
96.54(d)(1); and
B)
Pay any fine, penalty, or assessment or comply with any other
remedy imposed under 40 CFR 96.54(d)(3) and the Act.
g)
Effect on other authorities. No provision of the NOx Trading Program, a budget
permit application, a budget permit, a low-emitter exemption under 40 CFR
96.4(b), or a retired unit exemption under 40 CFR 96.5 shall be construed as
exempting or excluding the owner and operator and, to the extent applicable, the
30
account representative of a budget source or budget EGU, from compliance with
any other regulation promulgated under the CAA, the Act, an approved State
implementation plan, or a federally enforceable permit.
(Source: Added at ____ Ill. Reg. ________, effective ____________________)
Section 217.758
Permitting Requirements
a)
Budget permit requirements:
1)
Each source with a budget EGU is required to submit a complete permit
application addressing all applicable NOx Trading Program requirements
for a permit meeting the requirements of this Section, applicable to each
budget EGU at the source. Each budget permit (including any draft or
proposed budget permit, if applicable) will contain elements required for a
complete budget permit application under subsection (b)(2) of this Section.
2)
Each budget permit (including a draft or proposed budget permit, if
applicable) shall contain federally enforceable conditions addressing all
applicable NOx Trading Program requirements and shall be a complete and
segregable portion of the source’s entire permit under subsection (a)(1) of
this Section.
3)
No budget permit shall be issued, and no NOx allowance account shall be
established for a budget EGU at a source, until the Agency and USEPA have
received a complete account certificate of representation under 40 CFR 96,
Subpart B, for an account representative of the source and the budget EGU
at the source.
4)
For budget EGUs that commenced operation before November 1, 2002, and
for which a CAAPP permit is not required pursuant to Section 39.5 of the
Act, the owner or operator of such unit must submit a budget permit
application meeting the requirements of this Section on or before November
1, 2002.
5)
For budget EGUs that commenced operation before August 1, 2002, and for
which a CAAPP permit is required pursuant to Section 39.5 of the Act, the
owner or operator of such unit must submit a budget permit application
meeting the requirements of this Section on or before August 1, 2002.
6)
For budget EGUs that are subject to Section 39.5 of the Act and that
commence operation on or after August 1, 2002, and for budget EGUs not
subject to Section 39.5 of the Act and that commence operation on or after
November 1, 2002, the owner or operator of such units must submit
applications for construction and operating permits pursuant to the
requirements of Sections 39 and 39.5 of the Act and 35 Ill.Adm.Code 201
31
and such applications must specify that they are applying for budget permits,
and must address the budget permit application requirements of this Section.
b)
Budget permit applications:
1)
Duty to apply. The owner or operator of any source with one or more
budget EGUs shall submit to the Agency a complete budget permit
application for the source under subsection (b)(2) of this Section by the
applicable deadline in subsection (a)(4), (a)(5), or (a)(6) of this Section.
The owner or operator of any source with one or more budget EGUs shall
reapply for a budget permit for the source as required by this Subpart, 35
Ill. Adm. Code 201, and Sections 39 and 39.5 of the Act.
2)
Information requirements for budget permit applications. A complete budget
permit application shall include the following elements concerning the
source for which the application is submitted:
A)
Identification of the source, including plant name. The ORIS (Office
of Regulatory Information Systems) or facility code assigned to the
source by the Energy Information Administration shall also be
included, if applicable;
B)
Identification of each budget EGU at the source. An explanation
whether each EGU is a budget EGU under Section 217.754 or
217.774 of this Part;
C)
The compliance requirements of Section 217.756 of this Part; and
D)
For each opt-in unit at the source the following certification
statements by the account representative:
i)
“I certify that each unit for which this permit application is
submitted under Section 217.774 of this Part is not a budget
EGU under Section 217.754 of this Part and is not covered
by a retired unit exemption that is in effect under 40 CFR
96.5.”
ii)
If the application is for an initial budget permit, “I certify
that each unit for which this permit application is submitted
under Section 217.774 of this Part, and has documented heat
input for more than 876 hours in the six months immediately
preceding the submission of an application for an initial
budget permit under Section 217.774(d) of this Part.”
(Source: Added at ____ Ill. Reg. ________, effective ____________________)
32
Section 217.760
NOx Trading Budget
The NOx trading budget available for allowance allocations for each control period shall be
determined as follows:
a)
The total base EGU trading budget is 30,701 tons per control period subject,
however, to the following:
1)
In 2003 through 2005, 5% of this number shall be allocated to the new
source set-aside under Section 217.768 of this Part, resulting in an EGU
trading budget of 29,166 tons available for allocation per control period;
and
2)
In 2006 and thereafter, 2% of this amount shall be allocated to the new
source set-aside, resulting in an EGU trading budget of 30,087 tons
available for allocation per control period.
b)
The Agency may adjust the total base EGU trading budget available for allocation
in subsection (a) of this Section to remove allowances from budget EGUs opting to
become exempt pursuant to the requirements for low-emitters in Section
217.754(c)(4) of this Part.
c)
If USEPA adjusts the total base EGU trading budget for any reason, the Agency will
adjust the budget pro-rata.
(Source: Added at ____ Ill. Reg. ________, effective ____________________)
Section 217.762
Methodology for Calculating NOx Allocations for Budget Electrical
Generating Units(“EGUs”)
The methodology for calculating the allowances to be allocated to budget EGUs is based on the
following emission rates and heat inputs:
a)
The applicable NOx emission rates are as follows:
1)
For budget EGUs listed in Appendix F: 0.15 lb/mmbtu.
2)
For budget EGUs not listed in Appendix F: The more stringent of 0.15
lb/mmbtu or the permitted NOx emission rate, but not less than 0.055
lb/mmbtu.
b)
Heat input (HI) (in mmbtu/control period) is determined as follows:
1)
The budget EGU’s two highest heat inputs from the control periods four to
six years prior to the year for which the allocation is being made are
33
averaged. However, for a budget EGU that did not commence commercial
operation at least six years prior to the control period for which the
allocation is being made, the heat inputs for the following control periods
shall be used:
A)
If the budget EGU has heat input for the control period four years
prior to the year for which the NOx allocation is being made, but not
for the control periods five and six years prior, the heat input for
that control period four years prior shall be used; or
B)
If the budget EGU has heat inputs for the control periods four and
five years prior to the year for which the NOx allocation is being
made, but not for the control period six years prior, the heat input
for the control periods four and five years prior shall be averaged.
2)
The budget EGU’s heat input in subsection (b) of this Section for the control
period in each year will be determined in accordance with:
A)
40 CFR 75, as incorporated by reference in Section 217.104 of this
Part, if the budget EGU was otherwise subject to its requirements
for the year; or
B)
The best available data reported to the Agency for the budget EGU
if the budget EGU was not subject to the requirements of 40 CFR
75, for the year.
c)
The general equation for determining allowances is:
A=
HI
×
ER
2000
Where
HI = heat input (in mmbtu/control period) as determined in Section
217.762(b) of this Part.
ER = The NOx emission rate in lbs/mmbtu as determined in Section
217.762(a) of this Part.
A =
allowances of NOx/control period.
(Source: Added at ____ Ill. Reg. ________, effective ____________________)
34
Section 217.764
NOx Allocations for Budget EGUs
For each control period, the Agency will allocate the total number of NOx allowances in the
trading budget apportioned to budget EGUs under Section 217.760 of this Part. These allocations
will be issued as provided in subsections (a) through (f) of this Section. Specifically,
a)
In 2003, 2004, and 2005 (or the first three years of the program):
1)
The Agency will allocate to each budget EGU that is listed in Appendix F
of this Part the number of allowances listed in Column 7 of Appendix F of
this Part for that budget EGU, as well as any allowances that are not
allocated from the new source set-aside to budget EGUs in subsection
(a)(2) of this Section. Any such allowances from the new source set-aside
will be allocated to budget EGUs listed in Appendix F of this Part pursuant
to 217.768(j) of this Part.
2)
The Agency will allocate allowances from the new source set-aside to
budget EGUs that commenced commercial operation on or after January 1,
1995, pursuant to Section 217.768 of this Part.
3)
The Agency will report these allocations to USEPA at the time it submits
the SIP.
b)
In 2006 (or the fourth year of the program):
1)
The Agency will allocate to each budget EGU that is listed in Appendix F
of this Part, the number of allowances listed in Column 8 of Appendix F for
that budget EGU, and any allowances that are not allocated to budget EGUs
under subsection (b)(2) of this Section will be allocated as provided in
subsection (b)(4) of this Section.
2)
The Agency will apportion to each budget EGU that commenced
commercial operation on or after January 1, 1995, and before May 1, 2002,
allowances as calculated in Equation 1 as follows:
Eq. 1: A=
(
)
0.80
×
HI
×
ER
2000
Where:
HI = heat input (in mmbtu/control period) as determined
in Section 217.762(b) of this Part.
ER = the NOx emission rate in lbs/mmbtu, as determined
in Section 217.762(a)(2) of this Part.
35
A =
allowances of NOx/control period.
3)
Notwithstanding subsection (b)(2) of this Section, if the total number of
allowances determined by subsection (b)(2) of this Section is more than
6,017, which is the number of allowances remaining in the trading budget
after allocations have been made to budget EGUs in subsection (b)(1) of
this Section, the Agency will pro-rate the number of NOx allowances
available to budget EGUs pursuant to the criteria in subsection (b)(2) of this
Section so that the total number of allowances allocated to these budget
EGUs does not exceed 6, 017.
4)
If the total number of allowances allocated pursuant to subsection (b)(2) of
this Section is less than 6,017, which is the number of allowances
remaining in the trading budget after allocations have been made to budget
EGUs in subsection (b)(1) of this Section, the Agency will allocate the
remaining allowances to budget EGUs as follows:
A)
For budget EGUs in subsection (b)(1) of this Section, the pro-rata
allocation shall be determined by the heat input calculated pursuant
to Section 217.762(b) of this Part, multiplied by the emission rate in
Section 217.762(a)(1) of this Part.
B)
For budget EGUs in subsection (b)(2) of this Section, the pro-rata
allocation shall be determined by the heat input calculated pursuant
to Section 217.762(b) of this Part, multiplied by the emission rate in
Section 217.762(a)(2) of this Part.
5)
The Agency will allocate allowances from the new source set-aside,
pursuant to Section 217.768 of this Part, to budget EGUs that have not
operated for the full 2002 control period.
6)
The Agency will report these allocations to USEPA by April 1, 2003,
except for allocations from the new source set-aside, which the Agency will
report by May 1, 2006.
c)
In 2007 (or the fifth year of the program):
1)
The Agency will allocate to each budget EGU that is listed in Appendix F
of this Part, the number of allowances listed in Column 8 of Appendix F for
that budget EGU, and any allowances that are not allocated to budget EGUs
under subsection (b)(2) of this Section will be allocated as provided in
subsection (b)(4) of this Section.
2)
The Agency will apportion to each budget EGU that commenced
commercial operation on or after January 1, 1995, and before May 1, 2003,
allowances as calculated in Equation 1 as follows:
36
Eq. 1: A=
(
)
0.80
×
HI
×
ER
2000
Where:
HI = heat input (in mmbbtu/control period) as determined
in Section 217.762(b) of this Part.
ER = the NOx emission rate in lbs/mmbtu, as determined
in 217.762(a)(2) of this Part.
A =
allowances of NOx/control period.
3)
Notwithstanding subsection (c)(2) of this Section, the total number of
allowances determined by subsection (c)(2) of this Section is more than
6,017, which is the number of allowances remaining in the trading budget
after allocations have been made to budget EGUs in subsection (c)(1) of
this Section, the Agency will pro-rate the number of NOx allowances
available to budget EGUs pursuant to the criteria in subsection (c)(2) of this
Section so that the total number of allowances allocated to these budget
EGUs does not exceed 6, 017.
4)
If the total number of allowances allocated pursuant to subsection (c)(2) of
this Section is less than 6,017, which is the number of allowances
remaining in the trading budget after allocations have been made to budget
EGUs in subsection (c)(1) of this Section, the Agency will allocate the
remaining allowances to budget EGUs as follows:
A)
For budget EGUs in subsection (c)(1) of this Part, the pro-rata
allocation shall be determined by the heat input calculated pursuant
to Section 217.762(b) of this Part, multiplied by the emission rate in
Section 217.762(a)(1) of this Part.
B)
For budget EGUs in subsection (c)(2) of this Section, the pro-rata
allocation shall be determined by the heat input calculated pursuant
to Section 217.762(b) of this Part, multiplied by the emission rate
in Section 217.762(a)(2) of this Part.
5)
The Agency will allocate allowances from the new source set-aside,
pursuant to Section 217.768 of this Part, to budget EGUs that have not
operated for the full 2003 control period.
6)
The Agency will report these allocations to USEPA by April 1, 2004,
except for allocations from the new source set-aside, which the Agency will
report by May 1, 2007.
37
d)
In 2008 (or the sixth year of the program):
1)
The Agency will allocate to each budget EGU that is listed in Appendix F
of this Part, the number of allowances listed in Column 9 of Appendix F for
that budget EGU and any allowances that are not allocated to budget EGUs
under subsection (d)(2) of this Section will be allocated as provided in
subsection (d)(4) of this Section.
2)
The Agency will apportion to each budget EGU that commenced
commercial operation on or after January 1, 1995, and before May 1, 2004,
allowances calculated in Equation 1 as follows:
Eq. 1: A=
(
)
0.50
×
HI
×
ER
2000
Where:
HI = heat input (in mmbtu/control period) as determined
in Section 217.762(b) of this Part.
ER = the NOx emission rate in lbs/mmbtu, as determined
in Section 217.762(a)(2) of this Part.
A =
allowances of NOx/control period.
3)
Notwithstanding subsection (d)(2) of this Section, the total number of
allowances determined by subsection (d)(2) of this Section is more than
15,043, which is the number of allowances remaining in the trading budget
after allocations have been made to budget EGUs in subsection (d)(1) of
this Section, the Agency will pro-rate the total number of NOx allowances
available to budget EGUs that received allowances pursuant to the criteria
in subsection (d)(2) of this Section so that the total number of allowances
allocated to these budget EGUs does not exceed 15,043.
4)
If the total number of allowances allocated pursuant to subsection (d)(2) of
this Section is less than 15,043, which is the number of allowances
remaining in the trading budget after allocations have been made to budget
EGUs in subsection (d)(1) of this Section, the Agency will allocate the
remaining allowances to budget EGUs as follows:
A)
For budget EGUs in subsection (d)(1) of this Section, the pro-rata
allocation shall be determined by the heat input calculated pursuant
to Section 217.762(b) of this Part, multiplied by the emission rate in
Section 217.762(a)(1) of this Part.
38
B)
For budget EGUs in subsection (d)(2) of this Section, the pro-rata
allocation shall be determined by the heat input calculated pursuant
to Section 217.762(b) of this Part, multiplied by the emission rate in
Section 217.762(a)(2) of this Part.
5)
The Agency will allocate allowances from the new source set-aside,
pursuant to Section 217.768 of this Part, to budget EGUs that have not
operated for the full 2004 control period.
6)
As of April 30, 2008, if the number of allowances in the new source set-
aside exceeds three percent (3%) of the total number of tons of NOx
emissions in the trading budget apportioned to budget EGUs as determined
pursuant to Section 217.768(i) and (j) of this Part, the number of
allowances above three percent (3%) will be allocated to budget EGUs
receiving allowances pursuant to this subsection.
7)
The Agency will report these allocations to USEPA by April 1, 2005,
except for allocations from the new source set-aside, which the Agency will
report by May 1, 2008.
e)
In 2009 (or the seventh year of the program):
1)
The Agency will allocate to each budget EGU that is listed in Appendix F
of this Part, the number of allowances listed in Column 9 of Appendix F for
that budget EGU and any allowances that are not allocated to budget EGUs
under subsection (e)(2) of this Section as provided in subsection (e)(4) of
this Section.
2)
The Agency will assign to each budget EGU that commenced commercial
operation on or after January 1, 1995, and before May 1, 2005, allowances
as calculated in Equation 1 as follows:
Eq. 1: A=
(
)
0.50
×
HI
×
ER
2000
Where:
HI = heat input (in mmbtu/control period) as determined
in Section 217.762(b) of this Part.
ER = the NOx emission rate in lbs/mmbtu, as determined
in Sections 217.762(a)(2) of this Part.
A =
allowances of NOx/control period.
39
3)
Notwithstanding subsection (e)(2) of this Section, the total number of
allowances determined by subsection (e)(2) of this Section is more than
15,043, which is the number of allowances remaining in the trading budget
after allocations have been made to budget EGUs in subsection (e)(1) of
this Section, the Agency will pro-rate the total number of NOx allowances
allocated to budget EGUs that received allowances pursuant to the criteria
in subsection (e)(2) of this Section so that the total number of allowances
allocated to these budget EGUs does not exceed 15,043.
4)
If the total number of allowances allocated pursuant to subsection (e)(2) of
this Section is less than 15,043, which is the number of allowances
remaining in the trading budget after allocations have been made to budget
EGUs in subsection (e)(1) of this Section, the Agency will allocate the
remaining allowances to budget EGUs as follows:
A)
For budget EGUs in subsection (e)(1) of this Section, the pro-rata
allocation shall be determined by the heat input calculated pursuant
to Section 217.762(b) of this Part, multiplied by the emission rate in
Section 217.762(a)(1) of this Part.
B)
For budget EGUs in subsection (e)(2) of this Section, the pro-rata
allocation shall be determined by the heat input calculated pursuant
to Section 217.762(b) of this Part, multiplied by the emission rate in
Section 217.762(a)(2) of this Part.
5)
The Agency will allocate allowances from the new source set-aside,
pursuant to Section 217.768 of this Part, to budget EGUs that have not
operated for the full 2005 control period.
6)
As of April 30, 2009, if the number of allowances in the new source set-
aside exceeds three percent (3%) of the total number of tons of NOx
emissions in the trading budget apportioned to budget EGUs as determined
pursuant to Section 217.768(i) and (j) of this Part, the number of
allowances above three percent (3%) will be allocated to budget EGUs
receiving allowances pursuant to this subsection.
7)
The Agency will report these allocations to USEPA by April 1, 2006,
except for allocations from the new source set-aside, which the Agency will
report by May 1, 2009.
f)
In 2010 (or the eighth year) of the program and annually thereafter, the Agency will
apportion the available NOx allowances to each budget EGU based on its heat
input determined in Section 217.762(b) of this Part, multiplied by:
40
1)
For budget EGUs that commenced commercial operation prior to January 1,
1995, the NOx emission rate determined in Section 217.762(a)(1) of this
Part; and
2)
For budget EGUs that commenced commercial operation on or after January
1, 1995, the NOx emission rate determined in Section 217.762(a)(2) of this
Part.
3)
The Agency will allocate allowances from the new source set-aside,
pursuant to Section 217.768 of this Part, to budget EGUs that have not
operated for the full control period four years prior to the year in which the
allocations are being made.
4)
As of April 30, 2010, if the number of allowances in the new source set-
aside exceeds three percent (3%) of the total number of tons of NOx
emissions in the trading budget apportioned to budget EGUs as determined
pursuant to Section 217.768(e) and (f) of this Part, the number of
allowances above three percent (3%) will be allocated to budget EGUs
receiving allowances pursuant to this subsection.
5)
The Agency will report these allocations to USEPA by April 1 of each year
that is three years prior to the year in which the allocations are being made,
except for allocations from the new source set-aside, which the Agency will
report by May 1 of each year in which the allocations are being made.
BOARD NOTE: Because of litigation involving the NOx SIP Call, Michigan v. EPA, No. 98-
1497, 2000 WL 180650 (D.C. Cir. March 3, 2000), the years defining the control periods may
change. Should this occur, the dates set forth under each year will be considered to adjust
correspondingly.
(Source: Added at ____ Ill. Reg. ________, effective ____________________)
Section 217.768
New Source Set-Asides for “New” Budget EGUs
a)
“New” budget EGUs
1)
A “new” budget EGU is one that commenced commercial operation on or
after January 1, 1995, and does not receive allowances pursuant to Section
217.764 of this Part.
2)
“New” budget EGUs must have an allowance for every ton of NOx emitted
during the control period as provided in Section 217.756(d) of this Part.
3)
A “new”budget EGU may request from the Agency a number of allowances
that is not more than the number of allowances for which it is eligible, as
determined in subsection (e) of this Section.
41
b)
The Agency shall apportion allowances from the new source set-aside as follows:
1)
For 2003, 2004, and 2005, to budget EGUs that commenced commercial
operation on or after January 1, 1995; and
2)
For 2006 and thereafter, to budget EGUs that have not operated the full
control period four years prior to the control period for which the
allocation is being made.
c)
The Agency will establish a new source set-aside for each control period. Each
new source set-aside will be allocated allowances equal to:
1)
Five percent (5%) of the EGU trading budget in 2003, 2004, and 2005,
which is 1,535 allowances, subject to adjustment to reflect additions or
deletions to the EGU trading budget;
2)
Two percent (2%) of the EGU of the trading budget in 2006 and thereafter,
which is 614 allowances, subject adjustment to reflect additions or
deletions to the EGU trading budget.
3)
As of April 30 of the applicable year, beginning in 2008 and thereafter, if
the number of allowances in the new-source set-aside is greater than or
equal to three percent (3%) of the total number of tons of NOx emissions in
the trading budget apportioned to budget EGUs, which is 921 allowances,
subject to adjustment to reflect additions or deletions to the EGU trading
budget, pursuant to subsections (i) and (j) of this Section, the number of
allowances above three percent (3%) will be allocated to budget EGUs
receiving allowances pursuant to Section 217.764 of this Part. These
allowances shall be allocated on a pro-rata basis.
d)
The account representative of a “new” budget EGU under subsection (a) of this
Section may obtain allowances from the new source set-aside by submitting to the
Agency a request, in writing or in a format specified by the Agency, to be allocated
allowances for the current control period from the new source set-aside. The
allocation request for each applicable control period must be submitted after the
date on which the Agency issues a construction permit to the budget EGU and
before March 1 of the control period for which the allocation is requested.
e)
In an allocation request under subsection (d) of this Section, the account
representative may request allowances for a control period in a number that does
not exceed the projected heat input in mmbtu during the applicable control period
multiplied by the more stringent of 0.15 lb/mmbtu or the permitted emission rate,
but no more stringent than 0.055 lb/mmbtu. The projected heat input shall be
determined as set forth below, divided by 2000 lbs/ton:
42
1)
For “new” budget EGUs that have heat input from at least three control
periods prior to the allocation year, the average of the budget EGU’s two
highest seasonal heat inputs from the control periods one to three years
prior to the allocation year;
2)
For “new” budget EGUs that have heat input from only two control periods
prior to the allocation year, the average of the budget EGU’s seasonal heat
inputs from the control periods one and two years prior to the allocation
year;
3)
For “new” budget EGUs that have seasonal heat input from only the control
period prior to the allocation year, the heat input from that control period;
or
4)
For “new” budget EGU that have not operated for more than half of a full
control period prior to the allocation year, the budget EGU’s maximum
design heat input for the control period as designated in the construction
permit.
f)
Beginning in 2006, the Agency will review and allocate allowances pursuant to
each allocation request, contingent upon receiving payment pursuant to subsection
(k) of this Section, by April 15 of the applicable year, as follows:
1)
Upon receipt of the allocation request, the Agency will determine whether
the request is consistent with the requirements of subsections (d) and (e) of
this Section and will make any necessary adjustments to the request to
ensure that the control period and the number of allowances requested are
consistent with those requirements of subsections (d) and (e) of this
Section.
2)
If the new source set-aside for the control period for which allowances are
requested has a number of allowances greater than or equal to the total
number requested by all “new” budget EGUs, the Agency will allocate the
number of allowances requested to the “new” budget EGUs.
3)
If the new source set-aside for the control period for which allowances are
requested has a number of allowances less than the total number of
allowances requested by all “new” budget EGUs, the Agency will allocate
the available allowances to the “new” budget EGUs on a pro-rata basis,
based on the number of allowances requested.
g)
For “new” budget EGUs that commenced commercial operation on or after January
1, 1995, but prior to January 1, 2003, the Agency will notify the account
representative of the number of allowances that have been allocated to the “new”
budget EGU by March 30 of the applicable year. There will be no charge for
allowances received under this subsection.
43
h)
For “new” budget EGUs that commenced commercial operation on or after January
1, 2003, the Agency will notify by March 30 of the applicable year the account
representative of the number of allowances that are eligible for purchase for the
“new” budget EGU pursuant to the requirements of subsection (k) of this Section. If
the Agency does not receive payment by April 15 of the applicable year, the
account representative will forfeit his/her eligibility to purchase the allowances
offered. The Agency will make available for purchase those forfeited allowances
on a pro-rata basis to “new” budget EGUs that received allocations pursuant to
subsection (f)(2) of this Section, up to the number of allowances requested by each
account representative. Such additional allocations are subject to the purchase
requirements of subsection (k) of this Section, to the extent applicable.
i)
For “new” budget EGUs that commence commercial operation for less than one-
half of the control period in 2002, USEPA will deduct allowances to account for
the actual utilization of the EGU during the 2003 control period consistent with the
provisions of 40 CFR 96.42(e). Any allowances allocated by the Agency for such
“new” budget EGUs that are not used for compliance during the 2003 control
period shall be returned to the Agency’s new source set-aside account.
j)
For the years 2003, 2004, and 2005, any allowances that are not allocated pursuant
to subsections (g), (h) and (i) of this Section, will be allocated on a pro-rata basis
to the budget EGUs listed in Appendix F of this Part. There will be no charge for
allowances received under this subsection.
k)
Fees for new source set-aside allowances:
1)
“New” budget EGUs that commence commercial operation on or after
January 1, 2003, that obtain allowances allocated from the new source set-
aside shall pay for such allocations pursuant to Section 9.9 of the Act.
2)
The price of allowances from the new source set-aside shall be:
A)
The average price at which NOx allowances are traded in the
interstate NOx Trading Program for the preceding control period;
and
B)
For 2003 only, the price shall be the average price at which NOx
allowances were traded in 2002 in the Ozone Transport Region.
3)
The fees collected by the Agency from the sale of allowances will be
distributed pro-rata to budget EGUs receiving allowances pursuant to
Section 217.764 of this Part on the basis of allocated allowances subject to
Agency administrative costs assessed pursuant to Section 9.9 of the Act.
44
l)
A “new” budget EGU will become an existing budget EGU and will receive
allowances pursuant to the requirements of Section 217.764 of this Part, as
follows:
1)
For a budget EGU that commences commercial operation between and
including January 1, 1995, and April 30, 2002, the budget EGU will be
allocated allowances in 2003 for the 2006 control period and will become
an existing budget EGU on May 1, 2006.
2)
For a budget EGU that commences commercial operation after April 30,
2002, the budget EGU will become an existing budget EGU in the control
period for which it receives an allocation pursuant to Section 217.764 of
this Part. It will be considered a “new” budget EGU and will receive its
allowances from the new source set-aside in the intervening years from
start-up until it receives allocations pursuant to Section 217.764 of this
Part.
BOARD NOTE: Because of litigation involving the NOx SIP Call, Michigan v. EPA, No. 98-
1497 2000 WL 180650, (D.C. Cir. March 3, 2000), the years defining the control periods may
change. Should this occur, other dates in this Section will be considered to adjust as necessary.
(Source: Added at ____ Ill. Reg. ________, effective ____________________)
Section 217.770
Early Reduction Credits for Budget EGUs
If a budget EGU reduces its NOx emission rate as required by the applicable provisions of
subsection (c) of this Section in the 2001 or 2002 control period, for use in 2003 and/or 2004, the
account representative may request early reduction credits (ERCs) for such reductions, and the
Agency will allocate ERCs to the budget EGU in accordance with the following:
a)
Each budget EGU for which the account representative requests any ERCs under
subsection (d) of this Section shall monitor NOx emissions in accordance with 40
CFR 96, Subpart H, as incorporated by reference in Section 217.104 of this Part,
starting with the control period prior to the control period for which ERCs will
first be requested and for each control period for which ERCs will be requested.
The unit’s monitoring system availability shall be not less than 80 percent during
the control period prior to the control period in which the NOx emissions reduction
is made and the unit must be in compliance with any applicable State or federal
emissions or emissions-related requirements.
b)
The NOx emission rate and heat input under subsections (c) through (e) of this
Section shall be determined in accordance with 40 CFR 96, Subpart H.
c)
Each budget EGU for which ERCs are requested under subsection (d) of this
Section must have reduced its NOx emission rate for each control period for which
ERCs are requested, as follows:
45
1)
For budget EGUs subject to the requirements of Title IV of the CAA and:
not included in a NOx averaging plan pursuant to 40 CFR 72 and 76, as
incorporated by reference in Section 217.104 of this Part, at least 30% less
than the NOx emission rate specified in the applicable Title IV permit or
other applicable federally enforceable permit; or
2)
For budget EGUs subject to the requirements of Title IV of the CAA and
included in a NOx averaging plan pursuant to 40 CFR 72 and 76, at least
30% less than the annual emission rate required in the NOx averaging plan
in the applicable Title IV permit or other applicable federally enforceable
permit.
3)
For budget EGUs not subject to the requirements of Title IV of the CAA, at
least 30% less than the actual NOx emissions rate (lbs/mmbtu) for the 2000
control period.
d)
The account representative of a budget EGU that meets the requirements of
subsections (a) through (c) of this Section may submit to the Agency a request for
ERCs for a EGU based on NOx emission rate reductions made by the EGU in
control periods 2001 and 2002 in accordance with subsection (c) of this Section.
1)
The number of ERCs for any applicable control period shall be an amount
equal to the unit’s heat input for such control period multiplied by the
difference between the EGU’s NOx emission rate (meeting the
requirements of subsection (c) of this Section for such the applicable
control period) and the EGU’s actual NOx emission rate for the applicable
control period, divided by 2000 lbs/ton, and rounded to the nearest ton.
2)
Upon request of the account representative, the ERC allowance allocation
for a particular EGU may be deposited in the source’s general account
rather than in the unit’s compliance account.
3)
The early reduction request must be submitted in a format specified by the
Agency by:
A)
November 1, 2001, for reductions made in the 2001 control period;
or
B)
November 1, 2002, for reductions made in the 2002 control period.
e)
In the event that the date for implementing the NOx SIP Call, May 1, 2003, is
delayed, the early reduction request must be submitted by November 1 of the year
two years before the implementation date for the reductions made in the control
period two years before the implementation date, and by November 1 of the year
preceding the implementation date for the reductions made in the control period
46
preceding the implementation date. Should this occur, the other dates in this
Section shall be adjusted accordingly.
f)
The Agency will allocate ERCs to the budget EGUs meeting the requirements of
subsections (a) through (c) of this Section and covered by ERC requests meeting
the requirements of subsection (d) of this Section in accordance with the following
procedures:
1)
Upon receipt of each ERC request, the Agency will accept the request only
if the requirements of subsections (a) through (d) of this Section are met and
will make any necessary adjustment to the request to ensure that the amount
of the ERCs requested meets the requirements of subsections (b) through (d)
of this Section;
2)
The Agency shall allocate at least 15,261 ERCs over two years, as follows:
A)
Not more than 7,630 ERC allowances for reductions made in the
control period in 2001; and
B)
At least 7,631 ERC allowances, plus any ERC allowances not
allocated pursuant to subsection (f)(2)(A) of this Section, for
reductions made in the control period in 2002.
3)
If the number of ERC allowances requested for a reduction achieved in the
control period in 2001 is less than or equal to the number of ERC
allowances designated for that control period in subsection (f)(2)(A) of this
Section, the Agency will allocate to each budget EGU one allowance for
each accepted ERC request;
4)
If the number of ERC allowances requested for a reduction achieved in
control period in 2001 is greater than the number of ERC allowances
designated for that control period in subsection (e)(2)(A) of this Section,
the Agency will allocate to each budget EGU allowances for accepted
requests on a pro-rata basis; and
5)
For accepted ERC requests for reductions made in the control period in
2002, the Agency will allocate ERCs on a pro-rata basis.
g)
The Agency will notify the account representative submitting an ERC request for
the subsequent control period of the number of ERC allowances that will be
allocated to each budget EGU for that control period as follows:
1)
By May 1, 2002, for ERCs requested for and earned in the 2001 control
period; and
47
2)
By May 1, 2003, for ERCs requested for and earned in the 2002 control
period.
h)
By May 1, 2003, the Agency will submit to USEPA the ERC allocations made by
the Agency under this Section. USEPA will record such allocations to the extent
that they are consistent with the requirements of this Section;
i)
ERC allowances recorded under subsection (h) of this Section may be deducted for
compliance under 40 CFR 96.54, as incorporated by reference in Section 217.104
of this Part, for the control periods in 2003 or 2004. Notwithstanding 40 CFR
96.55(a), USEPA will deduct as retired any ERC allowances that are not deducted
for compliance in accordance with 40 CFR 96.54 for the control period in 2003 or
2004; and
j)
ERC allowances are treated as banked allowances in 2004 for the purposes of 40
CFR 96.55(a) and (b).
(Source: Added at ____ Ill. Reg. ________, effective ____________________)
Section 217.774
Opt-in Units
a)
Any operating fossil fuel-fired stationary boiler, combustion turbine, or combined
cycle system in the State may qualify under this Subpart to become a budget opt-in
unit if it:
1)
Is not a budget EGU under Section 217.754 of this Part;
2)
Vents all of its emissions to a stack or, for a unit that does not vent all of its
emissions to a stack, obtains a permit with federally enforceable conditions
specifying the applicable conditions for participation in the NOx Trading
Program;
3)
Has documented heat input for more than 876 hours in the six months
immediately preceding the submission of an application for an initial budget
permit under subsection (d) of this Section;
4)
Is not covered by a retired unit exemption under 40 CFR 96.5; and
5)
Is not covered by the low-emitter exemption under Section 217.754(c) of
this Part.
b)
Except as otherwise provided in this Part, a budget opt-in unit shall be treated as a
budget EGU for purposes of applying this Subpart and 40 CFR 96.
c)
Authorized Account Representative:
48
1)
If an opt-in unit is located at the same source as one or more budget EGUs,
it shall have the same account representative as those budget EGUs.
2)
If the opt-in unit is not located at the same source as one or more budget
EGUs, the owner or operator of the opt-in unit shall submit a complete
account certificate of representation under 40 CFR 96.13.
d)
To apply for a budget permit, the account representative of a unit meeting the
qualifications of subsection (a) of this Section must, except as provided under
Section 217.778(f) of this Part, submit to the Agency:
1)
A budget permit application for the unit that:
A)
Meets the requirements under Section 217.758 of this Part; and
B)
Contains provisions for a change in the regulatory status of the unit
to a budget opt-in unit under Section 217.754 of this Part pursuant to
the provisions of Section 217.780(b) of this Part.
2)
A monitoring plan for the unit in accordance with 40 CFR 96, Subpart H.
(Source: Added at ____ Ill. Reg. ________, effective ____________________)
Section 217.776
Opt-In Process
The owner or operator of a unit meeting the qualifications of Section 217.774(a) of this Part may
submit an application for a budget permit for a budget opt-in unit under Section 217.774(d) of this
Part. The Agency will issue or deny a budget permit for such opt-in unit in accordance with
Section 217.758 of this Part and the following:
a)
The Agency will determine, on an interim basis, the sufficiency of the monitoring
plan accompanying the initial application for a budget permit for an opt-in unit. A
monitoring plan is sufficient, for purposes of interim review, if the plan contains
information demonstrating that the NOx emission rate and heat input of the unit are
monitored and reported in accordance with 40 CFR 96, Subpart H. A
determination of sufficiency shall not be construed as acceptance or approval of
that unit's monitoring plan.
b)
If the Agency determines that the unit's monitoring plan is sufficient under
subsection (a) of this Section and after completion of the monitoring system
certification under 40 CFR 96, Subpart H, the NOx emission rate and the heat input
of the unit shall be monitored and reported in accordance with 40 CFR 96, Subpart
H, for one full control period during which the monitoring system availability is not
less than 80 percent and during which the unit is in full compliance with any
applicable State or federal emissions or emissions-related requirements.
49
c)
Based on the information monitored and reported under subsection (b) of this
Section, the unit's baseline heat rate shall be calculated as the unit's total heat input
(in mmbtu) for the control period and the unit's baseline NOx emission rate shall be
calculated as the unit's total NOx emissions (in lbs) for the control period divided
by the unit's baseline heat rate.
(Source: Added at ____ Ill. Reg. ________, effective ____________________)
Section 217.778
Budget Opt-in Units: Withdrawal from NOx Trading Program
a)
Requesting withdrawal. To withdraw from the NOx Trading Program, the account
representative of a budget opt-in unit shall submit to the Agency a request to
withdraw from the NOx Trading Program and to withdraw the budget permit
effective as of a specified date between (and not including) September 30 and
before May 1. The submission shall be made no later than 90 days prior to the
requested effective date of withdrawal.
b)
Conditions for withdrawal. Before a budget opt-in unit may withdraw from the
NOx Trading Program and the budget permit may be withdrawn under this Section,
the following conditions must be met:
1)
For the control period immediately before the withdrawal is to be effective,
the account representative must submit to the Agency an annual compliance
certification report in accordance with 40 CFR 96.30.
2)
If the budget opt-in unit has excess emissions for the control period
immediately before the withdrawal is to be effective, USEPA has deducted
from the budget opt-in unit's compliance account, or the overdraft account of
the NOx budget source where the budget opt-in unit is located, the number
of allowances required in accordance with 40 CFR 96.54(d) for the control
period.
3)
After the requirements for withdrawal under subsections (b)(1) and (b)(2)
of this Section are met, USEPA will deduct from the opt-in unit's
compliance account, or the overdraft account of the budget source where the
budget opt-in unit is located, allowances equal in number to any allowances
allocated to that unit under Section 217.782 of this Part for the control
period for which the withdrawal is to be effective. USEPA will close the
budget opt-in unit's compliance account and will establish, and transfer any
remaining allowances to, a new general account for the owners and
operators of the opt-in unit. The account representative for the budget opt-
in unit shall become the account representative for the general account.
c)
A budget opt-in unit that withdraws from the NOx Trading Program shall comply
with all requirements under the NOx Trading Program concerning all years for
50
which such budget opt-in unit was a budget opt-in unit, even if such requirements
arise or must be complied with after the withdrawal takes effect.
d)
Notification:
1)
After the requirements for withdrawal under subsections (a) and (b) of this
Section are met (including deduction of the full amount of allowances
required), the Agency will revise the budget permit indicating a specified
effective date for the withdrawal that is after the requirements in
subsections (a) and (b) of this Section have been met and that is prior to
May 1 or after September 30.
2)
If the requirements for withdrawal under subsections (a) and (b) of this
Section are not met, the Agency will issue a notification to the owner or
operator and the account representative of the budget opt-in unit that the opt-
in unit's request to withdraw its budget permit is denied. If the budget opt-
in unit's request to withdraw is denied, the budget opt-in unit shall remain
subject to the requirements for a budget opt-in unit.
e)
Reapplication upon failure to meet conditions of withdrawal. If the Agency denies
the budget opt-in unit's request to withdraw, the account representative of the
budget opt-in unit may submit another request to withdraw in accordance with
subsections (a) and (b) of this Section.
f)
Ability to return to the NOx Trading Program. Once an opt-in unit withdraws from
the NOx Trading Program and its budget permit is withdraw under this Section, the
account representative may not submit another application for a budget permit
under Section 217.774(d) of this Part for the unit prior to the date that is four years
after the date on which the budget permit with opt-in conditions is withdrawn.
(Source: Added at ____ Ill. Reg. ________, effective ____________________)
Section 217.780
Opt-in Units: Change in Regulatory Status
a)
Notification. When an opt-in unit becomes a budget opt-in unit under Section
217.754(d) of this Part, the owner or operator shall notify the Agency and USEPA
in writing of such change in the opt-in unit's regulatory status within 30 days of such
change.
b)
Any permit application that provides for a change in the regulatory status of a unit
to a budget opt-in unit pursuant to Section 217.774(d)(1)(B) of this Part and
included in a budget permit, is effective on the date on which such opt-in unit
becomes a budget opt-in unit under Section 217.754 of this Part.
c)
USEPA's action.
51
1)
USEPA will deduct from the compliance account for the budget opt-in unit
under this Section, or the overdraft account of the budget source where the
budget opt-in unit is located, allowances equal in number to and allocated
for the same or a prior control period as:
A)
Any allowances allocated to the budget unit (as an opt-in unit )
under Section 217.782 of this Part for any control period after the
last control period during which the unit's budget permit was
effective; and
B)
If the effective date of any budget permit under subsection (b) of this
Section is during a control period, the allowances allocated to the
budget opt-in unit (as an opt-in unit) under Section 217.782 of this
Part for the control period multiplied by the ratio of the number of
days in the control period, starting with the effective date of the
budget permit under subsection (b) of this Section, divided by the
total number of days in the control period.
2)
The account representative shall ensure that the compliance account of the
budget opt-in unit under subsection (b) of this Section, or the overdraft
account of the budget source where the budget opt-in unit is located,
contains the allowances necessary for completion of the deduction under
subsection (c)(1) of this Section. If the compliance account or overdraft
account does not contain sufficient allowances, USEPA will deduct the
required number of allowances, regardless of the control period for which
they were allocated, whenever allowances are recorded in either account.
3)
For every control period during which any budget permit under subsection
(b) of this Section is effective, the budget opt-in unit under subsection (b) of
this Section will be treated, solely for purposes of allowance allocations
under Section 217.764 or 217.768 of this Part, as a unit that commenced
operation on the effective date of the budget permit under subsection (b) of
this Section and will be allocated allowances in accordance with Section
217.764 or 217.768 of this Part.
4)
Notwithstanding subsection (c)(2) of this Section, if the effective date of
any budget permit under subsection (b) of this Section is during a control
period, the following number of allowances will be allocated to the budget
opt-in unit under subsection (b) of this Section under Section 217.764 or
217.768 of this Part for the control period: the number of allowances
otherwise allocated to the budget opt-in unit under Section 217.764 or
217.768 of this Part for the control period multiplied by the ratio of the
number of days in the control period, starting with the effective date of the
budget permit under subsection (b) of this Section, divided by the total
number of days in the control period.
52
d)
When the owner or operator of an opt-in unit does not renew the budget permit for
the budget opt-in unit issued pursuant to Section 217.774(d), USEPA will deduct
from the budget opt-in unit's compliance account, or the overdraft account of the
budget source where the budget opt-in unit is located, allowances equal in number
to and allocated for the same or a prior control period as any allowances allocated
to the budget opt-in unit under Section 217.782 of this Part for any control period
after the last control period for which the budget permit is effective. The account
representative shall ensure that the budget opt-in unit's compliance account or the
overdraft account of the budget source where the budget opt-in unit is located
contains the allowances necessary for completion of such deduction. If the
compliance account or overdraft account does not contain sufficient allowances,
USEPA will deduct the required number of allowances, regardless of the control
period for which they were allocated, whenever allowances are recorded in either
account.
e)
After the deduction under subsection (d) of this Section is completed, USEPA will
close the opt-in unit's compliance account. If any allowances remain in the
compliance account after completion of such deduction and any deduction under 40
CFR 96.54, USEPA will close the opt-in unit's compliance account and will
establish, and transfer any remaining allowances to, a new general account for the
owner or operator of the opt-in unit. The account representative for the opt-in unit
shall become the account representative for the general account.
(Source: Added at ____ Ill. Reg. ________, effective ____________________)
Section 217.782
Allowance Allocations to Budget Opt-In Units
a)
Allowance allocations:
1)
By the December 31 immediately before the first control period for which
the budget permit is effective, the Agency will allocate allowances to the
budget opt-in unit and submit to USEPA the allocation for the control period
in accordance with subsection (b) of this Section.
2)
By no later than the December 31 after the first control period for which the
budget permit is in effect and the December 31 of each year thereafter, the
Agency will allocate allowances to the budget opt-in unit and submit to
USEPA allocations for the next control period, in accordance with
subsection (b) of this Section.
b)
For each control period for which the budget opt-in unit has a budget permit, the
budget opt-in 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:
53
A)
The opt-in unit's baseline heat input determined pursuant to Section
217.778(c) of this Part; or
B)
The opt-in unit's heat input, for the control period in the year prior to
the year of the control period for which the allocations are being
calculated, as determined in accordance with 40 CFR 96, Subpart
H.
2)
The Agency will allocate allowances to the budget opt-in unit in an amount
equaling the heat input (in mmbtu) determined under subsection (b)(1) of
this Section multiplied by the lesser of:
A)
The unit's baseline NOx emission rate (in lbs/mmbtu) determined
pursuant to Section 217.776(c) of this Part; or
B)
The lowest NOx emissions limitation (calculated in lbs/mmbtu)
under State or federal law that is applicable to the budget opt-in for
the control period in the year prior to the year of the control period
for which the allocations are being calculated during the control
period, regardless of the averaging period to which the emissions
limitation applies.
(Source: Added at ____ Ill. Reg. ________, effective ____________________)
Section 217.Appendix D
Non-Electrical Generating Units
COMPANY ID # / NAME
UNIT DESIGNATION
UNIT DESCRIPTION
1
23
A E STALEY MANUFACTURING CO
115015ABX
85070061299
COAL-FIRED BOILER 1
115015ABX
85070061299
COAL-FIRED BOILER 2
115015ABX
73020084129
BOILER #25
ARCHER DANIELS MIDLAND CO EAST PLANT
115015AAE
85060030081
COAL-FIRED BOILER 1
115015AAE
85060030081
COAL-FIRED BOILER 2
115015AAE
85060030081
COAL-FIRED BOILER 3
115015AAE
85060030082
COAL-FIRED BOILER 4
115015AAE
85060030082
COAL-FIRED BOILER 5
115015AAE
85060030082
COAL-FIRED BOILER 6
115015AAE
85060030083
GAS-FIRED BOILER 7
115015AAE
85060030083
GAS-FIRED BOILER 8
54
CPC INTERNATIONAL INC.
031012ABI
91020069160
COAL-FIRED BOILER 6
031012ABI
73020146041
BOILER SERIAL 15813
031012ABI
73020146042
BOILER SERIAL 15812
031012ABI
73020146043
GAS FIRED BOILER NO 4
031012ABI
73020147045
BOILER SERIAL 18345
031012ABI
73020147046
GAS FIRED BOILER NO 5
GREAT LAKES NAVAL STATION
097811AAC
78080071011
BOILER # 5
097811AAC
78080071011
BOILER # 6
INDIAN REFINING LIMITED PARTNERSHIP
101805AAC
72110297015
BOILER 18601
101805AAC
72110297016
BOILER 18602
101805AAC
72110297017
BOILER 18603
JEFFERSON SMURFIT CORPORATION
119010AAL
72120426001
BLR 7-COAL FIRED
MARATHON OIL CO ILLINOIS REFINING DIVISION
033808AAB
72111291055
BOILER #3 OIL,REF GAS
FIRED
033808AAB
72111291056
BOILER #4 REF GAS,OIL
FIRED
MOBIL JOLIET REFINING CORP
197800AAA
72110567002
AUX BOILER-REFINERY
GAS FULL FIRE IF COGEN
DOWN
197800AAA
86010009043
STATIONARY GAS TURBINE
PEKIN ENERGY COMPANY
179060ACR
73020087019
QUANTUM - USI DIVISION
063800AAC
72100016013
BOILER # 1
063800AAC
72100016013
BOILER # 2
063800AAC
72100016014
#3 GAS FIRED BOILER
063800AAC
72100016016
#5 GAS FIRED BOILER
063800AAC
72100016017
#6 BOILER
QUANTUM - USI DIVISION
041804AAB
72121207108
BOILER NO 1
041804AAB
72121207109
BOILER NO 2
041804AAB
72121207110
BOILER NO 3
55
041804AAB
72121207111
BOILER NO 4
041804AAB
72121207112
BOILER NO 5
SHELL OIL CO WOOD RIVER MFG COMPLEX
119090AAA
72110633080
BOILER NO 15
119090AAA
72110633081
BOILER NO 16
119090AAA
72110633082
BOILER NO 17
U S STEEL - SOUTH WORKS
031600ALZ
82010044013
NO. 6 BOILER,#5 POWER
STATION (FUEL-NAT.GAS)
031600ALZ
82010044014
NO 1 BLR NG
UNIV OF ILL - ABBOTT POWER PLANT
019010ADA
82090027006
BOILER #7 (265 MBTU)
UNO-VEN COMPANY
197090AAI
72110253037
BOILER 43-B-1
(Source: Added at ____ Ill. Reg. ________, effective ____________________)
Section 217.Appendix F
Allowance Allocations For Electrical Generating Units
Company
Name/ ID #
Generating
Unit
Designation
EGU
Designation
NOx Budget
Allowances
80% of NOx
Budget
Allowances
50% of NOx
Budget
Allowances
2003, 2004,
2005
Allowances
2006, 2007
Allowances
2008, 2009
Allowances
1
2
3
456789
Company Totals
No NSSA No NSSA No NSSA 5% NSSA 2% NSSA 2% NSSA
Ameren Energy Generating Company
135803AAA
Coffeen 1
Coffeen 1
550
440
275
523
431
270
135803AAA
Coffeen 2
Coffeen 2
945
756
473
898
741
463
077806AAA
G. Tower 3
Boiler 7
55
44
28
52
43
27
077806AAA
G. Tower 3
Boiler 8
44
35
22
42
35
22
077806AAA
G. Tower 4
Boiler 9
199
159
100
189
156
98
033801AAA Hutsonville 3
Boiler 5
161
129
81
153
126
79
033801AAA Hutsonville 4
Boiler 6
129
103
65
123
101
63
135805AAA
Meredosia 1
Boiler 1
33
26
17
31
26
16
135805AAA
Meredosia 1
Boiler 2
23
18
12
22
18
11
135805AAA
Meredosia 2
Boiler 3
23
18
12
21
18
11
135805AAA
Meredosia 2
Boiler 4
28
22
14
27
22
14
135805AAA
Meredosia 3
Boiler 5
432
346
216
410
339
212
135805AAA
Meredosia 4
Boiler 6
28
22
14
27
22
13
079808AAA
Newton 1
Newton 1
1,101
881
551
1,046
863
539
079808AAA
Newton 2
Newton 2
1,074
859
537
1,020
842
526
Ameren Eng. Gen. Co. Totals
4,825
3,860
2,413
4,584
3,783
2,364
56
AES
057801AAA
D. Creek
D. Creek
914
731
457
868
717
448
143805AAG
Edwards 1
Edwards 1
251
201
126
239
197
123
143805AAG
Edwards 2
Edwards 2
368
294
184
350
288
180
143805AAG
Edwards 3
Edwards 3
655
524
328
622
513
321
AES Totals
2,188
1,750
1,094
2,079
1,715
1,072
CWLP
167120AAO
Dallman 1
Boiler 31
141
113
71
134
111
69
167120AAO
Dallman 2
Boiler 32
202
162
101
192
158
99
167120AAO
Dallman 3
Boiler 33
474
379
237
450
372
232
167120AGQ G. Turbine #2 G. Turbine #2
91
73
46
86
71
45
167120AAO
Lakeside 7
Lakeside 7
47
38
24
45
37
23
167120AAO
Lakeside 8
Lakeside 8
42
34
21
40
33
21
CWLP Totals
997
798
499
947
782
489
Midwest Generation
063806AAF
Collins 1
Collins 1
302
242
151
287
237
148
063806AAF
Collins 2
Collins 2
305
244
153
290
239
150
063806AAF
Collins 3
Collins 3
469
375
235
446
368
230
063806AAF
Collins 4
Collins 4
290
232
145
275
227
142
063806AAF
Collins 5
Collins 5
458
366
229
435
359
224
031600AIN
Crawford 7
Crawford 7
365
292
183
347
286
179
031600AIN
Crawford 8
Crawford 8
463
370
232
440
363
227
031600AMI
Fisk 19
Fisk 19
523
418
262
497
410
256
031600AMI
Fisk Peaker
GT 31-1
9
7
5
9
7
4
031600AMI
Fisk Peaker
GT 31-2
9
7
5
9
7
4
031600AMI
Fisk Peaker
GT 32-1
9
7
5
9
7
4
031600AMI
Fisk Peaker
GT 32-2
9
7
5
9
7
4
031600AMI
Fisk Peaker
GT 33-1
9
7
5
8
7
5
031600AMI
Fisk Peaker
GT 33-2
9
7
5
8
7
5
031600AMI
Fisk Peaker
GT 34-1
9
7
5
8
7
5
031600AMI
Fisk Peaker
GT 34-2
9
7
5
8
7
5
197809AAO
Joliet 6
Boiler 5
119
95
60
113
93
58
197809AAO
Joliet 7
Boiler 71
455
364
228
432
357
223
197809AAO
Joliet 7
Boiler 72
709
567
355
673
556
347
197809AAO
Joliet 8
Boiler 81
748
598
374
711
587
367
197809AAO
Joliet 8
Boiler 82
497
398
249
472
390
244
179801AAA
Powerton 5
Boiler 52
739
591
370
702
579
362
179801AAA
Powerton 5
Boiler 51
739
591
370
702
579
362
179801AAA
Powerton 6
Boiler 61
739
591
370
702
579
362
179801AAA
Powerton 6
Boiler 62
739
591
370
702
579
362
097190AAC
Waukegan 6
Boiler 17
199
159
100
189
156
98
097190AAC
Waukegan 7
Waukegan 7
376
301
188
357
295
184
097190AAC
Waukegan 8
Waukegan 8
667
534
334
634
523
327
097190AAC
Peaker
GT 31-1
5
4
3
4
4
2
097190AAC
Peaker
GT 31-2
5
4
3
5
4
2
097190AAC
Peaker
GT 32-1
5
4
3
5
4
3
097190AAC
Peaker
GT 32-2
5
4
3
5
4
3
197810AAK
Will County
1
Will County
1
364
291
182
346
285
178
57
197810AAK
Will County
2
Will County
2
354
283
177
336
278
173
197810AAK
Will County
3
Will County
3
449
359
225
427
352
220
197810AAK
Will County
4
Will County
4
766
613
383
728
601
375
Midwest Generation Totals
11,926
9,541
5,963
11,330
9,350
5,844
Dom. Energy
021814AAB
Kincaid 1
Kincaid 1
792
634
396
752
621
388
021814AAB
Kincaid 2
Kincaid 2
873
698
437
829
684
428
Dom. Energy Totals
1,665
1,332
833
1,581
1,305
816
El. Energy Inc.
127855AAC
Joppa 1
Joppa 1
481
385
241
457
377
236
127855AAC
Joppa 2
Joppa 2
515
412
258
489
404
252
127855AAC
Joppa 3
Joppa 3
513
410
257
487
402
251
127855AAC
Joppa 4
Joppa 4
384
307
192
365
301
188
127855AAC
Joppa 5
Joppa 5
463
370
232
440
363
227
127855AAC
Joppa 6
Joppa 6
524
419
262
498
411
257
El. Energy Inc. Totals
2,880
2,304
1,440
2,736
2,258
1,411
DMG
157851AAA
Baldwin 1
Baldwin 1
1,114
891
557
1,058
873
546
157851AAA
Baldwin 2
Baldwin 2
931
745
466
884
730
456
157851AAA
Baldwin 3
Baldwin 3
1,318
1,054
659
1,252
1,034
646
125804AAB
Havana 1-5
Boiler 1
0
0
0
0
0
0
125804AAB
Havana 1-5
Boiler 2
0
0
0
0
0
0
125804AAB
Havana 1-5
Boiler 3
0
0
0
0
0
0
125804AAB
Havana 1-5
Boiler 4
0
0
0
0
0
0
125804AAB
Havana 1-5
Boiler 5
0
0
0
0
0
0
125804AAB
Havana 1-5
Boiler 6
0
0
0
0
0
0
125804AAB
Havana 1-5
Boiler 7
0
0
0
0
0
0
125804AAB
Havana 1-5
Boiler 8
0
0
0
0
0
0
125804AAB
Havana 6
Boiler 9
547
438
274
520
429
268
155010AAA
Hennepin 1
Hennepin 1
149
119
75
142
117
73
155010AAA
Hennepin 2
Hennepin 2
540
432
270
513
423
265
183814AAA
Vermilion 1
Vermilion 1
17
14
9
16
13
8
183814AAA
Vermilion 2
Vermilion 2
31
25
16
30
24
15
119020AAE Wood River 1 Wood River 1
0
0
0
0
0
0
119020AAE Wood River 2 Wood River 2
0
0
0
0
0
0
119020AAE Wood River 3 Wood River 3
0
0
0
0
0
0
119020AAE Wood River 4 Wood River 4
219
175
110
208
172
107
119020AAE Wood River 5 Wood River 5
714
571
357
678
560
350
DMG Totals
5,580
4,464
2,790
5,301
4,375
2,734
SIPCO
199856AAC
Marion 1
Marion 1
14
11
7
13
11
7
199856AAC
Marion 2
Marion 2
10
8
5
10
8
5
199856AAC
Marion 3
Marion 3
30
24
15
29
23
15
199856AAC
Marion 4
Marion 4
511
409
256
485
401
250
58
SIPCO Totals
565
452
283
537
443
277
Union Electric
119105AAA
Turbine
Turbine
4
3
2
4
3
2
119105AAA
Venice 1
Venice 1
10
8
5
9
8
5
119105AAA
Venice 2
Venice 2
13
10
7
12
10
6
119105AAA
Venice 3
Venice 3
6
5
3
6
5
3
119105AAA
Venice 4
Venice 4
7
6
4
7
5
4
119105AAA
Venice 5
Venice 5
15
12
8
14
12
7
119105AAA
Venice 6
Venice 6
16
13
8
15
13
8
119105AAA
Venice 7
Venice 7
2
2
1
2
1
1
119105AAA
Venice 8
Venice 8
2
2
1
2
2
1
Union Electric Totals
75
60
38
71
59
37
TOTAL
30,701
24,561
15,351
29,166
24,070
15,044
(Source: Added at ____ Ill. Reg. __________, effective _____________)
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, do hereby certify that the
above opinion was adopted on the 13th day of July 2000 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
