RECEIVED
CLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUL 2 8 2006
IN THE MATTER OF :
STATE OF ILLINOIS
)
Pollution
Control
Board
PROPOSED NEW 35 ILL. ADM. CODE 225
)
R06-25
CONTROL OF EMISSIONS FROM
)
(Rulemaking - Air)
LARGE COMBUSTION SOURCES
)
35 Ill
. Adm. Code 225
.100, 200
)
NOTICE OF FILING
TO: Those Individuals as Listed on attached Certificate of Service
Please take notice that on July 28, 2006, the undersigned caused to be filed with
the Clerk of the Illinois Pollution Control Board the attached Joint Statement, a copy of
which is herewith served upon you .
Dated this 28t
h
day of July, 2006 .
Respectfully submitted,
AMEREN ENERGY GENERATING COMPANY
AMERENENERGY RESOURCES GENERATING
COMPANY
ELECTRIC ENERGY, INC .
James T. Harrington
David L. Rieser
Attorneys for Petitioners
McGuireWoods LLP
77 West Wacker, Suite 4100
Chicago, Illinois 60601
Telephone: 312/849-8100
One of its , ' orne s
CERTIFICATE OF SERVICE
The undersigned, one of the attorneys for Petitioners, hereby certifies that I served a copy
of the attached Joint Statement upon those listed below on July 28, 2006 via First Class United
States Mail, postage prepaid .
To :
John J . Kim, Managing Attorney
Charles E . Matoesian, Assistant Counsel
Gina Roccaforte, Assistant Counsel
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Post Office Box 19276
Springfield, IL 62794-9276
John .KimPae pa .state .il .u s
Marie E . Tipsord, Hearing Officer
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, IL 60601
t ipsordm@ipcb .state .il .u s
Bill S. Forcade
Katherine Rahill
Jenner & Block LLP
One IBM Plaza
Chicago, IL 60611
b forcade@ienner .co
m
Bruce Nilles
Sierra Club
214 N . Henry Street, Suite 203
Madison, WI 53703
bruce .nilles@asierraclub .or
g
William A . Murray
Special Assistant Corporation Counsel
Office of Public Utilities
800 East Monroe
Springfield, IL 62757
b
murrav@cwlp .co m
Faith E. Bugel
Howard A . Learner
Meleah Geertsma
Environmental Law and Policy Center
35 East Wacker Drive, Suite 1300
Chicago, IL 60601
fbugel@elpc .org
Ms . Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Mr
. Keith Harley
Chicago Legal Clinic, Inc
.
205 West Monroe, 4`s Floor
Chicago, IL 60606
kharlev@kentlaw .ed u
Kathleen C . Bassi
Sheldon A . Zabel
Stephen J . Bonebrake
Joshua R. More
Glenna L . Gilbert
Schiff Hardin LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, IL 60606
k bassi@schiffhardin
.co m
Christopher W . Newcomb
Karaganis, White & Mage, Ltd .
414 North Orleans St
., Suite 810
Chicago, IL 60610
cnewcomb@k-w
.co m
N . LaDonna Driver
Katherine D . Hodge
Hodge Dwyer Zeman
3150 Roland Ave
., P
.O
. Box 5776
Springfield, IL 62705-5776
nldriver(ehdzlaw.com
S . David Farris
Manager, Environmental, Health and Safety
Office of Public Utilities, City of Springfield
201 East Lake Shore Drive
Springfield, IL 62757
dfarris@cwlp .com
Dianna Tickner
Prairie State Generating Co
., LLC
701 Market Street, Suite 781
St
. Louis, MO 63101
DTickner n, PeabodvEnergy .com
James T . Harrington
David L . Rieser
Jeremy R. Hojnicki
McGuireWoods LLP
77 West Wacker, Suite 4100
Chicago, Illinois 60601
Telephone : 312/849-8100
44088698 (v . 1 ) .doc
James W
. Ingram
Senior Corporate Counsel
Dynegy Midwest Generation, Inc .
1000 Louisiana, Suite 5800
Houston, Texas 77002
ji m
. ingram@dynegv .com
e o
A omeys or Petitioners
IN THE MATTER OF :
)
PROPOSED NEW 35 ILL
. ADM . CODE 225
)
CONTROL OF EMISSIONS FROM
)
LARGE COMBUSTION SOURCES
)
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JOINT STATEMENT
NOW COME Ameren Energy Generating Company, AmerenEnergy Resource Generating
Company, and Electric Energy, Inc
. (collectively "Ameren") and the Illinois Environmental Protection
Agency ("Illinois EPA"), by their respective attorneys, and state as follows
:
On March 14, 2006, the Illinois EPA submitted to the Pollution Control Board ("PCB") proposed
regulations seeking reduction in mercury emissions from electric generating units
. On May 23, 2006,
Illinois EPA filed a revision to those regulations which provided, inter alia, a Temporary Technical Based
Standard .
Pursuant to the procedural schedule established by the PCB, evidentiary hearings on the proposed
and revised regulations were held June 12, 2006 through June 23, 2006
. The Illinois EPA presented
witnesses that provided testimony and exhibits in support of the proposed regulations
. Ameren appeared
and participated in these hearings
. As a result of those hearings and subsequent negotiations, Ameren
states as follows.
I .
Ameren is asking that the PCB consider and include with the Illinois EPA's proposed
regulation an amendment to 35 Ill
. Adm
. Code 225, titled Multi-Pollutant Alternative, 35 III
. Adm . Code
Section 225
.233
. The proposed amendment is appended hereto as Exhibit A and provides as follows
:
•
Pollution control equipment installation deadlines for owners and operators of
electric generating units ("EGUs") covered by Part 225 who commit to achieve by
January 1, 2012, seasonal and annual emission rates for NO, of no more than 0
.11
lbs
./mmBtu and an annual emission rate for SO, of 0
.33 lbs ./tntnBtu .
R06-25
(Rulemaking -
Air)
RECEIVEDCLERK'S
OFFICE
JUL
2 8 2006
STATE OF ILLINOIS
Pollution Control Board
•
Specified injection rates for halogenated activated carbon systems designed to reduce
mercury emissions and a provision for a unit-specific injection rate designed to
prevent noncompliance with regulatory requirements for opacity or particulate
matter .
•
A prohibition of the sale of SO2
or NO, allowances to third parties that are generated
as a result of compliance with the provisions
of Section 225 .233 .
•
All units with a capacity greater than 90 MW are required to install control
equipment to reduce mercury emissions by December 31, 2009
. By January 1, 2015,
all units with a capacity greater than 90 MW are required to meet an emission
standard
of 0.0080
lb mercury/GWh gross electrical output, or a minimum 90-percent
reduction of
input mercury. Halogenated activated carbon injection
("ACI") will be
installed on all units with a capacity less than 90 MW by December 31, 2012
.
2.
Ameren and the Illinois EPA anticipate that the installation and operation
of pollution
control equipment as contemplated by Section 225
.233 will achieve significant additional reductions of
SO2 and NO N,
beyond that required from existing regulations and thereby further improve air quality
. The
Signatories further state that emission controls to reduce NOx and SO2
such as wet flue gas
desulfurization ("FGD")/selective catalytic reduction
("SCR") combinations for bituminous units and dry
FGD (spray dry absorber and fabric filter)/ACI combinations for subbituminous are recognized to provide
high levels of mercury, NOx and SO2
removals
. Emission reductions of NOx and SO
2 that are beyond
standards set forth in the Clean Air Interstate Rule ("CAIR")will further reduce ambient levels of ozone
and PM 2
.5, and provide substantial environmental benefits to the residents of Illinois
. This proposed
amendment provides for substantial beyond-CAIR reductions in NOx and SO
2 ,
requiring covered EGUs
to meet an emission rate of 0
.1 1 lbs/mmBtu for NOx by 2012, and 0
.25 lbs/mmBtu for S02x
by 2015
.
3 .
If this proposed amendment is included by the PCB with the Illinois EPA's proposed
regulation, owners and operators of EGUs may elect to comply with the requirements of this proposed
2
amendment as specifically provided for . Ameren and the Illinois EPA agree that compliance with the
Multi Pollutant Alternative is both technically feasible and economically reasonable, and that the level of
NOx and SO
2
reductions required in the proposed rule is expected to contribute significantly towards the
state's efforts to achieve attainment of National Ambient Air Quality Standards, and any further
reductions needed would first come from other sources .
For all the foregoing reasons, Ameren requests that the PCB include the proposed amendment for
consideration along with and as part of the Illinois EPA's proposed regulation . The Illinois EPA is in
agreement with all of the representations contained in this written comment, and further supports the
inclusion of the proposed amendment with its proposed regulation .
Dated : July 28, 2006 .
Respectfully submitted,
AMEREN ENERGY GENERATING
ILLINOIS ENVIRONMENTAL PROTECTION
COMPANY
AGENCY
AMERENENERGY RESOURCE GENERATING
COMPANY
ELECTRIC
INC.
B
James T. Harrington
David L
. Rieser
Jeremy Hojnicki
Attorneys for Petitioners
McGuireWoods LLP
77 West Wacker, Suite 4100
Chicago, Illinois 60601
#4089477 (v .1) .doc
3
By:
/s/ John,
. xym
One of its Attorneys
John J. Kim, Managing Attorney
Charles E . Matoesian, Assistant Counsel
Gina Roccaforte, Assistant Counsel
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
PROPOSED MULTI-POLLUTANT STANDARDS
Base Emission Rate means, for a group of EGUs subject to emission standards for NOx and SO2
pursuant to Section 225 .233, the average emission rate of NOx or SO2 from the EGUs, in pounds
per million Btu heat input, for calendar years 2003 through 2005 (or for seasonal NOx, the 2004
and 2005 ozone seasons), as determined from the data collected and quality assured by the
USEPA pursuant to the federal Acid Rain and NOx Budget Trading Programs for emissions and
heat input of the group of EGUs .
Section 225
.233
Multi-Pollutant Standards (MPS)
a)
General
As an alternative to compliance with the emissions standards of Section
225
.230(a) of this Subpart, the owner of eligible EGUs may elect for such EGUs
to comply with this Section, which establishes control requirements and standards
for emissions of NOx and SO2, as well as emissions of mercury .
(1)
(3)
(2)
For the purpose of this Section :
(A)
An eligible EGU is an EGU located in Illinois that commenced
commercial operation on or before December 31, 2000 .
(B)
For the purposes of this Section, ownership of an eligible EGU is
determined based on direct ownership, or by holding a majority interest in
a company that owns an EGU or EGUs or by common ownership of the
company that owns the EGU, whether through a parent /subsidiary
relationship, as a sister corporation, or as an affiliated corporation with the
same parent corporation, provided that the owner has the right or authority
to submit a CAAPP application on behalf of the EGU .
The owner of one or more EGUs electing to comply with this Subpart by means
of this Section must submit an application for a CAAPP permit modification to
the Agency, as provided in Section 225 .220 of this Subpart, that includes the
information specified in subsection (b) of this Section and that clearly states the
owner's election to comply with the provisions of this Section 225 .233 .
(A)
If the owner of one or more EGUs elects to comply with this Subpart by
means of this Section, then all EGUs it owns in Illinois as of July 1, 2006,
as defined in subsection (a)(2)(B) of this Section, shall be thereafter
subject to the standards and control requirements of this Section, except as
provided in subsection (a)(3)(B) below. Such EGUs shall be referred to
as an MPS Group .
(B) Notwithstanding the foregoing, the owner may exclude from the MPS
Group any EGU scheduled for permanent shutdown that the owner so
designates in its CAAPP application required to be submitted pursuant to
b)
Notice of Intent
The owner of one or more EGUs that intends to comply with this Subpart by means of
this Section shall notify the Agency of its intention by December 31, 2007, which
notification shall be accompanied by the following :
(1)
(3)
(4)
A summary of the current control devices on the EGUs and identification of the
additional control devices that will likely be needed for the EGUs to comply with
emission control requirements of this section.
Identification of any EGU or EGUs that are scheduled for permanent shut down,
as provided by Section 225
.235, which will not be part of the MPS Group and
will not be complying with this Subpart by means of this Section
.
(5)
c)
Control Technology Requirements for Emissions of Mercury
:
(1)
(A)
subsection (a)(3), with compliance for such unit(s) to be achieved by
means of Section 225 .235 of this Subpart .
(4)
When an EGU is subject to this Section, the requirements of this Section shall
apply to all owners and operators of the EGU, and to the designated representative
for the EGU.
Identification of each of the EGUs that will be complying with this Subpart by
means of the multi-pollutant standards contained in this Section, with evidence
that the owner has identified all EGUs that its owns in Illinois as of July 1, 2006,
and that commenced commercial operation on or before December 31, 2000
.
(2) If an EGU identified above is also owned or operated by an entity different than
the owner submitting the notice of intent, a demonstration that the submitter has
the right to commit the EGU or authorization from the responsible official for the
EGU accepting the application .
The Base Emission Rates for the EGUs, with copies of supporting data and
calculations .
For each EGU in an MPS Group with a capacity of 90 MW or more, for
the period beginning July 1, 2009 (or December 31, 2009 for an EGU for
which an SO2
scrubber is being installed to be in operation by December
31, 2009), and ending on December 31, 2014 (or such earlier date that the
EGU is subject to the mercury emission standard in subsection
(d)(1) of
this Section), the owner or operator of the EGU shall install, to the extent
not already installed, and properly operate and maintain one of the
following
:
2
(i) A Halogenated Activated Carbon Injection System, complying with
the sorbent injection requirements of subsection (c)(2) of this Section,
except as may be otherwise provided by subsection
(c)(4) of this Sec
ion, and followed by a Cold-Side Electrostatic Precipitator or Fabric
Filter ;
or
(ii)
If the boiler fires bituminous coal, a Selective Catalytic Reduction
(SCR) System and an SO
2
Scrubber .
(B)
For each EGU in an NIPS Group with a capacity that is less than 90 MW,
unless the EGU is subject to the emission standards in subsection (d)(2) of
this Section, beginning on January 1, 2013, and continuing until such date
that the owner or operator of the EGU commits to comply with the
mercury emission standard in subsection (d)(2) of this Section, the owner
or operator of the EGU shall install and properly operate and maintain a
Halogenated Activated Carbon Injection System, complying with the
sorbent injection requirements of subsection (c)(2), except as may be
otherwise provided by subsection (c)(4) of this Section, and followed by
either a Cold-Side Electrostatic Precipitator or Fabric Filter . The use of a
properly installed, operated and maintained Halogenated Activated Carbon
Injection System that meets the sorbent injection requirements of
subsection (c)(2) of this Section is referred to as the "principal control
technique ."
(2)
For each EGU for which injection of halogenated activated carbon is required by
subsection (c)(1)
of this Section, the owner or operator of the EGU shall inject
halogenated activated carbon in an optimum manner, which, except as provided in
subsection (c)(4) of this Section, shall be deemed to be the following
:
(A)
Use of an injection system designed for effective absorption of mercury,
considering the configuration of the EGU and its ductwork
;
(B)
The injection of halogenated activated carbon manufactured by Alstom,
Norit, or Sorbent Technologies, or the injection of other halogenated
activated carbon or sorbent that the owner or operator of the EGU shows
to have similar or better effectiveness for control of mercury emissions;
(C)
The injection of sorbent at the following minimum rates,
as applicable :
(i)
For an EGU firing subbituminous coal, 5 .0 pounds per million
actual cubic feet .
(ii)
For an EGU firing bituminous coal, 10
.0 pounds per million actual
cubic feet .
3
(3)
(iii) For an EGU firing a blend of subbituminous and bituminous coal,
a rate that is the weighted average of the above rates, based on the
blend of coal being fire
.
(iv)
A rate or rates lower than the rate specified above may be set on a
unit-specific basis to the extent that the owner or operator of the
EGU demonstrates that such rate or rates are needed so that carbon
injection will not increase particulate matter emissions or opacity
so as to threaten compliance with applicable requirements for
particulate matter or opacity
.
For this purpose, flue gas flow rate shall be determined for the point of sorbent
injection, provided, however, that this flow rate may be assumed to be identical to
the stack flow rate if the gas temperatures at the point of injection and the stack
are normally within 100 0 F, or may otherwise be calculated from the stack flow
rate, corrected for the difference in gas temperatures.
The owner or operator of an EGU that seeks to operate an EGU with an activated
carbon injection rate or rates that are set on a unit-specific basis pursuant to
subsection (c)(2)(C)(iv)
of this Section shall submit an application to the Agency
proposing such rate or rates, and shall meet the following requirements :
(A)
The application shall be submitted as an application for a new or revised
federally enforceable operating permit for the EGU and include a
summary of relevant mercury emission data for the EGU, the unit-specific
injection rate or rates that are proposed and detailed information to support
the proposed injection rate or rates .
(B) This application shall be submitted no later than the date that activated
carbon must first be injected. For example, the owner or operator of an
EGU that must inject activated carbon injection pursuant to subsection
(c)(1)(A) of this subsection shall apply for unit-specific injection rate or
rates by July 1, 2009 . Thereafter, the owner or operator of the EGU may
supplement its application .
(C)
The decision of the Agency denying a permit or granting a permit with conditions
that set a lower injection rate or rates may be appealed to the Board pursuant to
Section 39 of the Act.
(D)
The owner or operator of an EGU may operate at the injection rate or rates
proposed in its application until a final decision is made on the application,
including a final decision on any appeal to the Board .
4
(4)
During an evaluation of the effectiveness of a listed sorbent, an alternative
sorbent, or other technique to control mercury emissions, the owner or operator of
an EGU need not comply with the requirements of subsection
(c)(2) of this
Section for such system as needed to carry out an evaluation of the practicality
and effectiveness of such technique, as further provided below
:
(A)
The owner or operator of the EGU shall conduct the evaluation in
accordance with a formal evaluation program submitted to the Illinois
EPA at least 30 days in advance.
(B)
The duration and scope of the evaluation shall not exceed the duration and
scope reasonably needed to complete the desired evaluation of the
alternative control technique, as initially addressed by the owner or owner
in a support document submitted with the evaluation program
.
(C)
The owner or operator of the EGU shall submit a report to the Illinois EPA
no later than 30 days after the conclusion of the evaluation describing the
evaluation that was conducted and providing the results of the evaluation
.
(D)
If the evaluation of the alternative control technique shows less effective
control of mercury emissions from the EGU than achieved with the
principal control technique, the owner or operator of the EGU shall
resume use of the principal control technique
. If the evaluation of the
alternative control technique shows comparable effectiveness to the
principal control technique, the owner or operator of the EGU may either
continue to use the alternative control technique in a manner that is at
least as effective as
the principal control technique or resume use of the
principal control technique
. If the evaluation of the alternative control
technique shows more effective control of mercury emissions, the owner
or operator of the EGU shall continue to use the alternative control
technique in a manner that is more effective than the principal control
technique, if it continues to be subject to this subsection (c) of this
Section.
In addition to complying with the applicable recordkeeping and monitoring
requirements in Sections 225
.240 through 225
.290 of this Subpart, the owner or
operator of an EGU electing to comply with this Subpart by means of this
Section shall also
:
(5)
(A)
For the first 36 months that injection of sorbent is required, maintain
records of the usage of sorbent, the exhaust gas flow rate from the EGU,
and the sorbent feed rate, in pounds per million actual cubic feet of
exhaust gas at the injection point, on a weekly average
.
(B)
After the first 36 months that injection of sorbent is required, monitor
activated sorbent feed rate to the EGU, flue gas temperature at the point of
5
d)
Emission Standards for Mercury
(1)
(3)
sorbent injection, and exhaust gas flow rate from the EGU, automatically
recording this data and the sorbent carbon feed rate, in pounds per million
actual cubic feet of exhaust gas at the injection point, on an hourly
average.
(C)
If a blend of bituminous and sub-bituminous coal is fired in the EGU, keep
records of the amount of each type or coal burned and the required
injection rate for injection of activated carbon, on a weekly basis
.
(6)
In addition to complying with the applicable reporting requirements in Sections
225 .240 through 225
.290 of this Subpart, the owner or operator of an EGU
electing to comply with this Subpart by means of this Section shall also submit
quarterly reports for the recordkeeping and monitoring conducted pursuant to
subsection (c)(5)
of this Section .
For each EGU in an MPS Group with a capacity that is 90 MW or more,
beginning January 1, 2015 (or such earlier date that the owner or operator of the
EGU notifies the Agency that it will comply with these standards) and thereafter,
the owner or operator of the EGU shall comply with one of the following
standards on a rolling 12-month basis
:
(A)
An emission standard of 0 .0080 lb mercury/GWh gross electrical output;
or
(B) A minimum 90-percent reduction of input mercury .
(2)
For each EGU in an MPS Group with a capacity that is less than 90 MW,
beginning on the date that the owner or operator of the EGU notifies the Agency
that it will comply with these standards and thereafter, the owner or operator of
the EGU shall comply with one of the following standards on a rolling 12-month
basis :
(A)
An emission standard of 0 .0080 lb mercury/GWh gross electrical output ;
or
(B) A minimum 90-percent reduction of input mercury .
Compliance with the mercury emission standard or reduction requirement shall be
calculated in accordance with Section 225 .230(a) or (d) of this Subpart .
e)
Emission Standards for NOx and SO2
(1)
NOx Emission Standards :
6
f)
(2)
SO2
Emissions Standards :
(3)
(1)
(A)
Beginning in calendar year 2012, and each calendar thereafter, for the
EGUs in each MPS Group, the owners and operators of the EGUs shall
comply with an overall NOx annual emission rate of no more than 0
.11
lbs/million Btu or a rate equivalent to 50 percent of the Base Annual Rate
of NOx emissions, whichever is more stringent .
(B)
Beginning in the 2012 ozone season and each ozone season thereafter, for
the EGUs in each MPS Group, the owners and operators of the EGUs shall
comply with an overall NOx seasonal emission rate of no more than 0.11
lbs/million Btu or a rate equivalent to 80 percent of the Base Seasonal
Rate of NOx emissions, whichever is more stringent .
(A)
Beginning in calendar year 2013 and continuing in calendar year 2014, for
the EGUs in each MPS Group, the owners or operators of EGUs shall
comply with an overall SO2 annual emission rate of 0
.33 lbs/million Btu
or a rate equivalent to 35 percent of the Base Rate of SO2 emissions,
whichever is more stringent .
(B)
Beginning in calendar year 2015, and continuing in each calendar year
thereafter, for the EGUs in each MPS Grouping, the owners or operators
of EGUs shall comply with an overall annual emission rate for SO2 of 0 .25
lbs/million Btu or a rate equivalent to 30 percent of the Base Rate of SO2
emissions, whichever is more stringent .
Compliance with the NOx and SO2 emission standards shall be determined in
accordance with Sections 225 .310, 225 .410, and 225 .510 of this Part . The owners
or operators of EGUs must complete the determination of compliance by March 1
of the following year for annual standards and by November 1 for seasonal
standards, by which date a compliance report shall be submitted to the Agency
.
Requirements for NOx and SO2 Allowances
The owners or operators of EGUs in an MPS Group shall not sell or trade to any
person or otherwise exchange with or give to any person NOx allowances
allocated to the EGUs in the MPS Group for vintage years 2012 and beyond that
would otherwise be available for sale, trade or exchange as a result of actions
taken to comply with the standards in subsection (e) of this Section . Such
allowances that are not retired for compliance shall be surrendered to the Agency
on an annual basis, beginning in calendar year 2013 . This provision does not
apply to the use, sale, exchange, gift or trade of allowances among the EGUs in an
MPS Group .
(2)
The owners or operators of EGUs in an MPS Group shall not sell or trade to any
person or otherwise exchange with or give to any person S02 allowances
7
g)
(3)
(5)
allocated to the EGUs in the MPS Group for vintage years 2013 and beyond that
would otherwise be available for sale or trade as a result of actions taken to
comply with the standards in subsection (e) of this Section
. Such allowances that
are not retired for compliance shall be surrendered to the Agency on an annual
basis, beginning in calendar year 2014
. This provision does not apply to the use,
sale, exchange, gift or trade of allowances among the EGUs in an MPS Group
.
The provisions of this subsection do not restrict or inhibit the sale or trading of
allowances that become available from one or more EGUs in a MPS Group as a
standard
result of
in
holding
subsection
allowances
(e) of this
that
Section,
represent
once
over-compliance
such a standard
with
becomes
the NOx
effective,or
SO
2
whether such over-compliance results from control equipment, fuel changes,
changes in the method of operation or unit shut downs, or for other reasons
.
(4)
For purposes of this subsection, NOx and SO
2
allowances shall mean allowances
necessary for compliance with Sections 225
.310, 225 .410, 225
.510 of this Part, 40
CFR Part 72, or 40 CFR 96.101,
et seq., and 40 CFR 96.301, et seq .
The
provisions of this Section do not prohibit the owners or operators of EGUs in an
MPS Group from purchasing or otherwise obtaining allowances from other
sources as allowed by law for purposes of complying with federal or state
requirements, excluding specifically the requirements of this Section
.
By March 1, 2010, and continuing each year thereafter, the owner or operator of
EGUs in an MPS Group shall submit a report to the Agency demonstrating
compliance with the requirements of this subsection for the previous year, which
shall include identification of any allowances that have been surrendered to the
USEPA or to the Agency, and identification of any allowances that were sold,
gifted, used, exchanged or traded because they became available due to over-
compliance
.
Notwithstanding 35 Ill
. Adm. Code 201 .146(hhh), until an EGU has complied with the
applicable emission standards of subsections (d) and (e) of this Section for 12 months, the
owner or operator of the EGU shall obtain a construction permit for any new or modified
air pollution control equipment proposed to be constructed for emissions of mercury,
NOx or
S02-
8
