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Proposed Rule. First Notice.

ORDER OF THE BOARD (by M. McFawn):

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

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

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ERavg.	=	average emission rate in lb/mmbtu of all EGUs in averaging demonstration

HIi

=

heat input for the control period of

EGU i, mmbtu, as specified in the NO_x averaging demonstration
 

 

		ERi		=	actual NOx emission rate of EGU i, lbs/mmbtu, as specified in the NOx averaging demonstration

n    =  number of EGUs that are averaging
 

   

c)	Averaging under this Subpart must be authorized through federally enforceable permit conditions for such EGU.
d)	An EGU may be included in only one NOx averaging demonstration during a control period.
e)	Compliance by averaging for each control period must be demonstrated by November 30 following each control period.

 

f)	If averaging is used to demonstrate compliance with this Subpart, the effect of a failure to demonstrate such compliance shall be that the compliance status of each EGU shall be determined pursuant to Section 217.706(a) as if the NOx emission rates of such EGUs were not averaged.

(Source: Added at ____ Ill. Reg._____________, effective____________________)
 

 

Section 217.710		Monitoring

   

a)	The owner or operator of an EGU subject to this Subpart shall install, calibrate, maintain and operate continuous emissions monitoring systems (CEMS) for NOx that meet the requirements of 40 CFR 75, subpart B.
b)	Notwithstanding subsection (a), the owner or operator of a gas-fired peaking unit or oil-fired peaking unit as defined in 40 CFR 72.2 may determine NOx emissions in accordance with the emissions estimation protocol of 40 CFR 75, subpart E.
(Source: Added at_____ Ill. Reg.________________, effective__________________)

Section 217.712  Reporting and Recordkeeping
 
The owner or operator of an EGU subject to the requirements of this Subpart shall:
 

 

a)	Comply with the recordkeeping and reporting requirements of 40 CFR 75 applicable to NOx emissions during the control period, including, but not limited to, 40 CFR 75.54(b) and (d), incorporated by reference in Section 217.104 of this Part.

 

	b)	Submit, with the report required under subsection (c) of this Section, the following certification statement, to be signed by a responsible official:

“I certify under penalty of law that this report and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons directly responsible for gathering the information, the information is, to the best of my knowledge and belief after due inquiry, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”
 
Signature
 
Name
 
Official Title
 
Telephone No.
 

  

	Date Signed
c)	If demonstrating compliance through Section 217.706(a) of this Subpart, by November 30 of each year beginning in 2003, submit to the Agency a report that demonstrates each EGU has not exceeded a NOx emission rate of 0.25 lbs/mmbtu during the control period.

 

d)	If demonstrating compliance through Section 217.708 of this Subpart, by November 30 of each year beginning in 2003, submit to the Agency a report that demonstrates the following:

   

	(1)	For all EGUs participating in the averaging demonstration, the averaged control period NOx emission rate pursuant to the equation in Section 217.708(b) of this Subpart;
	(2)	The average control period NOx emission rate of each EGU participating in the averaging demonstration; and
	(3)	The information required to determine the average NOx emission rate pursuant to Section 217.708(b) of this Subpart.

 

e)	Keep and maintain, for five years, all records and data necessary to demonstrate compliance with the requirements of this Subpart, and upon request shall make such records and data available to Agency and USEPA representatives for inspection and copying during working hours; and

 

f)	Submit copies of any records and data required by this Section to the Agency within 30 days after receipt of a written request by the Agency.

(Source: Added at_____ Ill. Reg.______________, effective______________________)
 
 IT IS SO ORDERED.
 
 I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above order was adopted on the 19th day of October 2000 by a vote of 7-0.
 

Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
 
 
 
 

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