ILLINOIS POLLUTION CONTROL BOARD
October 19, 2000
IN THE MATTER OF:
PROPOSED AMENDMENTS TO 35 ILL.
ADM. CODE 217.SUBPART V, ELECTRIC
POWER GENERATION
)
)
)
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R01-16
(Rulemaking – Air)
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
.
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
2
SUBPART B: NEW FUEL COMBUSTION EMISSION SOURCES
Section
217.121
New Emission Sources
SUBPART C: EXISTING FUEL COMBUSTION EMISSION SOURCES
Section
217.141
Existing Emission Sources in Major Metropolitan Areas
SUBPART K: PROCESS EMISSION SOURCES
Section
217.301
Industrial Processes
SUBPART O: CHEMICAL MANUFACTURE
Section
217.381
Nitric Acid Manufacturing Processes
SUBPART V: ELECTRIC POWER GENERATION
Section
217.521
Lake of Egypt Power Plant
217.700
Purpose
217.702
Severability
217.704
Applicability
217.706
Emission Limitations
217.708
NO
x
Averaging
217.710
Monitoring
217.712
Reporting and Recordkeeping
Appendix A
Rule into Section Table
Appendix B
Section into Rule Table
Appendix C
Compliance Dates
AUTHORITY
: Implementing Section 10 and authorized by Section 27 of the Environmental
Protection Act (Ill. Rev. Stat. 1981, ch. 111 1/2, pars. 1010 and 1027) [415 ILCS 5/10, 27 and
28.5].
SOURCE
: Adopted as Chapter 2: Air Pollution, Rule 207: Nitrogen Oxides Emissions, R71-23,
4 PCB 191, April 13, 1972, filed and effective April 14, 1972; amended at 2 Ill. Reg. 17, p. 101,
effective April 13, 1978; codified at 7 Ill. Reg. 13609; amended in R01-9, ______ Ill.
Reg.__________, effective______________; amended in R01-11, _____ Ill. Reg.____,
effective________________; and amended in R01-___, _____Ill. Reg.____________,
effective_____________________.
3
SUBPART V: ELECTRIC POWER GENERATION
Section 217.700
Purpose
The purpose of this Subpart is to control the emissions of nitrogen oxides (NO
x
) from electrical
generating units (EGUs) during the control period (for purposes of Subpart V, the control period
is May 1 through September 30 of each year, beginning in 2003).
(Source: Added at _____ Ill. Reg.________________, effective___________________)
Section 217.702
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, subsection or clause not found invalid.
(Source: Added at _____ Ill. Reg.________________, effective__________________)
Section 217.704
Applicability
The following fossil fuel-fired stationary boilers, combustion turbines or combined cycle systems
are electrical generating units (EGUs) and shall be subject to this Subpart on and after May 1,
2003:
a)
Any unit serving a generator that has a nameplate capacity greater than 25 MWe
and produces electricity for sale, excluding those units listed in Appendix D of
this Part and any new unit at a source listed in Appendix D of this Part.
b)
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.
(Source: Added at _____ Ill. Reg._____________, effective__________________)
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Section 217.706
Emission Limitations
a)
On or after May 1, 2003, no person subject to this Subpart shall cause or allow the
emissions of NO
x
into the atmosphere from any EGU to exceed 0.25 lbs/mmbtu
of actual heat input during each control period, based on a control period average,
for that unit.
b)
Notwithstanding the emission limitation in subsection (a) of this Section, any
EGU subject to a more stringent NO
x
emission limitation pursuant to any State or
federal statute, including the Act, the Clean Air Act, or any regulations
promulgated thereunder, shall comply with both the requirements of this Subpart
and that more stringent emission limitation.
(Source: Added at ______ Ill. Reg.______________, effective__________________)
Section 217.708
NO
x
Averaging
a)
Notwithstanding Section 217.706(a) of this Subpart, the owners or operators of
EGUs listed in Appendix F of this Part and the owner or operator of Soyland
Power may elect to demonstrate compliance with this Subpart by averaging for
the control period the NO
x
emission rates of any EGU listed in Appendix F or
with any unit at Soyland Power that commenced commercial operation on or
before January 1, 2000.
b)
The average NO
x
emission rate for all EGUs being averaged pursuant to this
Section must not exceed 0.25 lb/mmbtu and shall be determined as follows:
n
3 (HI
i
× ER
i
)
i=1
ERavg =
____________
n
3 HI
i
i=1
Where:
ERavg.
=
average emission rate in lb/mmbtu of all
EGUs in averaging demonstration
HI
i
=
heat input for the control period of
EGU i, mmbtu, as specified in the NO
x
averaging demonstration
5
ER
i
=
actual NO
x
emission rate of EGU i,
lbs/mmbtu, as specified in the NO
x
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 NO
x
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 NO
x
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 NO
x
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 NO
x
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 NO
x
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:
6
“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 NO
x
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 NO
x
emission rate pursuant to the equation
in Section 217.708(b) of this Subpart;
(2)
The average control period NO
x
emission rate of each EGU
participating in the averaging demonstration; and
(3)
The information required to determine the average NO
x
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.
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(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
