ILLINOIS POLLUTION CONTROL BOARD

April 19, 2007

IN THE MATTER OF:

NO

x

EMISSIONS FROM STATIONARY

RECIPROCATING INTERNAL

COMBUSTION ENGINES AND TURBINES:

AMENDMENTS TO 35 ILL. ADM. CODE

SECTION 201.146 AND PARTS 211 and 217

)

)

)

)

)

)

)

R07-18

(Rulemaking - Air)

Proposed Rule. First Notice.

OPINION AND ORDER OF THE BOARD (by A.S. Moore):

On April 6, 2007, the Illinois Environmental Protection Agency (Agency) filed this

proposal for rulemaking (Prop.). The proposal is filed pursuant to Sections 9.9, 10, 27, and 28.5

of the Environmental Protection Act (Act) (415 ILCS 5/9.9, 10, 27, and 28 (2004)). The Agency

intends this proposal to satisfy Illinois’ obligations under the Unites States Environmental

Protection Agency’s (USEPA) nitrogen oxides (NO

x

) State Implementation Plan (SIP) Call

Phase II. Specifically, the Agency proposes to reduce intrastate and interstate transport of NO

x

emissions on an annual basis and on an ozone season basis by reducing NO

x

emissions from

stationary reciprocating internal combustion engines and turbines.

The proposal indicates that the rulemaking is intended in part to address certain

obligations of the State under the federal Clean Air Act (CAA) (42 U.S.C. § 7401

et seq

.).

Specifically, the proposal addresses requirements for reasonable further progress (RFP),

reasonably available control technology (RACT), rate of progress (ROP), and attainment

demonstrations for the National Ambient Air Quality Standards (NAAQS) for eight-hour ozone

and particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5

micrometers (PM

2.5

).

The Agency filed this proposal pursuant to Section 28.5 of the Act (415 ILCS 5/28.5

(2004)), and the Board accepts the proposal for hearing. Section 28.5 of the Act (415 ILCS

5/28.5 (2004)) requires the Board to proceed toward adoption of the proposed regulation by

meeting a series of strict deadlines. The Act provides the Board no discretion to extend those

deadlines.

See

415 ILCS 5/28.5 (2004).

The first of those strict deadlines provides that the Board must “within 14 days of receipt

of the proposal” (415 ILCS 5/28.5(f) (2004)) file the proposed rule for first notice under the

Illinois Administrative Procedure Act (5 ILCS 100/1-1

et seq.

(2004)). Therefore, the Board

today accepts the proposal without commenting on the merits of the proposal and sends the

proposed rule to first notice.

In that same 14-day period, the Board must also schedule all required hearings on the

proposed rule. 415 ILCS 5/28.5(f) (2004). The Board within 55 days of accepting the proposal

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2

must hold a first hearing “confined to testimony by and questions of the Agency’s witnesses

concerning the scope, applicability, and basis of the rule.” 415 ILCS 5/28.5(g)(1) (2004).

“Within 7 days after the first hearing, any person may request that the second hearing be held.”

415 ILCS 5/28.5(g)(1) (2004). A second hearing beginning must commence within 30 days of

the first day of the first hearing and “shall be devoted to presentation of testimony, documents,

and comments by affected entities and all other interested parties.” 415 ILCS 5/28.5(g)(2)

(2004). A third hearing must commence within 14 days after the first day of the second hearing

and “shall be devoted solely to any Agency response to the material submitted at the second

hearing and to any response by other parties.” 415 ILCS 5/28.5(g)(3) (2004). The Board will

cancel the third hearing if the Agency indicates to the Board that the Agency will not introduce

any additional materials.

Id

. Hearings continue day to day as necessary to complete the subject

matter of the hearing. 415 ILCS 5/2.5(g) (2004). The Board directs the hearing officer

expeditiously to schedule all hearings in this proceeding according to the following statutory

deadlines:

First Notice

on or before April 20, 2007 (415 ILCS 5/28.5(f) (2004))

First Hearing

on or before May 31, 2007 (415 ILCS 5/28.5(g)(1) (2004))

Second Hearing

on or before June 30, 2007 (415 ILCS 5/28.5(g)(2) (2004))

Third Hearing

on or before July 14, 2007 (415 ILCS 5/28.5(g)(3) (2004))

Second Notice

on or before August 14, 2007 or September 3, 2007 (415 ILCS

5/28.5(o) (2004))

Final Filing

21 days after receipt of Joint Committee on Administrative Rules

certificate of no objection (

see

415 ILCS 5/28.5(p) (2004))

In addition to the proposal, the Agency filed a motion for waiver of copy requirements.

Specifically, the Agency seeks leave to file: (1) four complete copies and five partial copies of

the proposal; (2) no copies of documents the Agency relied upon in the development of the

proposal or upon which it intends to rely at hearing, each of which the Agency characterizes as

readily available to the Board or already in the Board’s possession; and (3) no copies of the

documents the Agency has incorporated by reference in developing this proposal, each of which

the Agency characterizes as readily available to the Board or already in the Board’s possession.

The Board grants the Agency’s motion for waiver of copy requirements and waives the

requirement to file nine copies of the materials. The Board notes that the documents which the

Agency seeks leave not to file are public documents readily accessible to the Board and the

public.

The Board notes that it has made non-substantive changes to the text of the proposed rule.

For example, the Board has added underscoring to new text that the Agency seeks to add to Part

217.

See

35 Ill. Adm. Code 102.202(a). Second, the Board has added the full existing

background text for the Agency's proposed amendment to Section 201.146.

Id

. Also, where

section titles in a proposed table of contents were not consistent with the titles in the proposed

rules, the Board has amended the table of contents to reflect the title shown in the text of the

proposed rules.

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3

On April 16, 2007, the Board received from ANR Pipeline, Natural Gas Pipeline

Company, Trunkline Gas Company, and Panhandle Eastern Pipeline Company their “Objection

to Use of Section 28.5 Fast Track Procedures for Consideration of Nitrogen Oxide Proposal as

Filed.” On April 17, 2007, the Board received from the Illinois Environmental Regulatory

Group its “Objection to Use of Section 28.5 ‘Fast-Track’ Rulemaking for the Illinois

Environmental Protection Agency’s Proposed Rules.” These two objections are not ripe for

consideration today, because the response period has not elapsed.

See

35 Ill. Adm. Code

101.500(d). Until it rules on the pending objections, the Board will proceed under the

requirements of Section 28.5 of the Act (415 ILCS 5/28.5 (2004)). To ensure that this

rulemaking proceeds expeditiously, the Board directs that any response to the objections be filed

by Tuesday, May 1, 2007, and the mailbox rule of 35 Adm. Code 101 .300(c) does not apply.

The objectors may reply to the responses by Tuesday, May 8, 2007, and the mailbox rule of 35

Ill. Adm. Code 101 300(c) does not apply.

ORDER

The Board directs the Clerk to cause the publication of the following rule for first notice

in the

Illinois Register

.

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE B: AIR POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS

PART 201

PERMITS AND GENERAL PROVISIONS

SUBPART A: DEFINITIONS

Section

201.101

Other Definitions

201.102

Definitions

201.103

Abbreviations and Units

201.104

Incorporations by Reference

SUBPART B: GENERAL PROVISIONS

Section

201.121

Existence of Permit No Defense

201.122

Proof of Emissions

201.123

Burden of Persuasion Regarding Exceptions

201.124

Annual Report

201.125

Severability

201.126

Repealer

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4

SUBPART C: PROHIBITIONS

Section

201.141

Prohibition of Air Pollution

201.142

Construction Permit Required

201.143

Operating Permits for New Sources

201.144

Operating Permits for Existing Sources

201.146

Exemptions from State Permit Requirements

201.147

Former Permits

201.148

Operation Without Compliance Program and Project Completion Schedule

201.149

Operation During Malfunction, Breakdown or Startups

201.150

Circumvention

201.151

Design of Effluent Exhaust Systems

SUBPART D: PERMIT APPLICATIONS AND REVIEW PROCESS

Section

201.152

Contents of Application for Construction Permit

201.153

Incomplete Applications (Repealed)

201.154

Signatures (Repealed)

201.155

Standards for Issuance (Repealed)

201.156

Conditions

201.157

Contents of Application for Operating Permit

201.158

Incomplete Applications

201.159

Signatures

201.160

Standards for Issuance

201.161

Conditions

201.162

Duration

201.163

Joint Construction and Operating Permits

201.164

Design Criteria

201.165

Hearings

201.166

Revocation

201.167

Revisions to Permits

201.168

Appeals from Conditions

201.169

Special Provisions for Certain Operating Permits

201.170

Portable Emission Units

SUBPART E: SPECIAL PROVISIONS FOR OPERATING PERMITS FOR CERTAIN

SMALLER SOURCES

Section

201.180

Applicability (Repealed)

201.181

Expiration and Renewal (Repealed)

201.187

Requirement for a Revised Permit (Repealed)

SUBPART F: CAAPP PERMITS

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Section

201.207

Applicability

201.208

Supplemental Information

201.209

Emissions of Hazardous Air Pollutants

201.210

Categories of Insignificant Activities or Emission Levels

201.211

Application for Classification as an Insignificant Activity

201.212

Revisions to Lists of Insignificant Activities or Emission Levels

SUBPART G: EXPERIMENTAL PERMITS

(Reserved)

SUBPART H: COMPLIANCE PROGRAMS AND PROJECT COMPLETION SCHEDULES

Section

201.241

Contents of Compliance Program

201.242

Contents of Project Completion Schedule

201.243

Standards for Approval

201.244

Revisions

201.245

Effects of Approval

201.246

Records and Reports

201.247

Submission and Approval Dates

SUBPART I: MALFUNCTIONS, BREAKDOWNS OR STARTUPS

Section

201.261

Contents of Request for Permission to Operate During a Malfunction, Breakdown

or Startup

201.262

Standards for Granting Permission to Operate During a Malfunction, Breakdown

or Startup

201.263

Records and Reports

201.264

Continued Operation or Startup Prior to Granting of Operating Permit

201.265

Effect of Granting of Permission to Operate During a Malfunction, Breakdown or

Startup

SUBPART J: MONITORING AND TESTING

Section

201.281

Permit Monitoring Equipment Requirements

201.282

Testing

201.283

Records and Reports

SUBPART K: RECORDS AND REPORTS

Section

201.301

Records

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6

201.302

Reports

SUBPART L: CONTINUOUS MONITORING

Section

201.401

Continuous Monitoring Requirements

201.402

Alternative Monitoring

201.403

Exempt Sources

201.404

Monitoring System Malfunction

201.405

Excess Emission Reporting

201.406

Data Reduction

201.407

Retention of Information

201.408

Compliance Schedules

201.APPENDIX A

Rule into Section Table

201.APPENDIX B

Section into Rule Table

201.APPENDIX C

Past Compliance Dates

AUTHORITY: Implementing Sections 10, 39, and 39.5 and authorized by Sections 27 and 28.5

of the Environmental Protection Act [415 ILCS 5/10, 27, 28.5, 39, and 39.5].

SOURCE: Adopted as Chapter 2: Air Pollution, Part I: General Provisions, in R71-23, 4 PCB

191, filed and effective April 14, 1972; 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. 13579; amended in R82-1 (Docket A) at 10 Ill. Reg. 12628,

effective July 7, 1986; amended in R87-38 at 13 Ill. Reg. 2066, effective February 3, 1989;

amended in R89-7(A) at 13 Ill. Reg. 19444, effective December 5, 1989; amended in R89-7(B)

at 15 Ill. Reg. 17710, effective November 26, 1991; amended in R93-11 at 17 Ill. Reg. 21483,

effective December 7, 1993; amended in R94-12 at 18 Ill. Reg. 15002, effective September 21,

1994; amended in R94-14 at 18 Ill. Reg. 15760, effective October 17, 1994; amended in R96-17

at 21 Ill. Reg. 7878, effective June 17, 1997; amended in R98-13 at 22 Ill. Reg. 11451, effective

June 23, 1998; amended in R98-28 at 22 Ill. Reg. 11823, effective July 31, 1998; amended in

R02-10 at 27 Ill. Reg. 5820, effective March 21, 2003; amended in R05-19 and R05-20 at 30 Ill.

Reg. 4901, effective March 3, 2006; amended in R07-18 at 31 Ill. Reg. ______________,

effective _______________.

SUBPART C: PROHIBITIONS

Section 201.146

Exemptions from State Permit Requirements

Construction or operating permits, pursuant to Sections 201.142, 201.143 and 201.144 of this

Part, are not required for the classes of equipment and activities listed below in this Section. The

permitting exemptions in this Section do not relieve the owner or operator of any source from

any obligation to comply with any other applicable requirements, including the obligation to

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7

obtain a permit pursuant to Sections 9.1(d) and 39.5 of the Act, Sections 165, 173 and 502 of the

Clean Air Act or any other applicable permit or registration requirements.

a)

Air contaminant detectors or recorders, combustion controllers or combustion

shutoffs;

b)

Air conditioning or ventilating equipment not designed to remove air

contaminants generated by or released from associated equipment;

c)

Each fuel burning emission unit for indirect systems and for heating and reheating

furnace systems used exclusively for residential, or commercial establishments

using gas and/or fuel oil exclusively with a design heat input capacity of less than

14.6 MW (50 mmbtu/hr), except that a permit shall be required for any such

emission unit with a design heat input capacity of at least 10 mmbtu/hr that was

constructed, reconstructed or modified after June 9, 1989 and that is subject to 40

CFR 60, Subpart D;

d)

Each fuel burning emission unit other than those listed in subsection (c) of this

Section for direct systems used for comfort heating purposes and indirect heating

systems with a design heat input capacity of less than 2930 kW (10 mmbtu/hr);

e) Internal combustion engines or boilers (including the fuel system) of motor vehicles,

locomotives, air craft, watercraft, lifttrucks and other vehicles powered by nonroad

engines;

f)

Bench scale laboratory equipment and laboratory equipment used exclusively for

chemical and physical analysis, including associated laboratory fume hoods,

vacuum producing devices and control devices installed primarily to address

potential accidental releases;

g)

Coating operations located at a source using not in excess of 18,925 l (5,000 gal)

of coating (including thinner) per year;

h)

Any emission unit acquired exclusively for domestic use, except that a permit

shall be required for any incinerator and for any fuel combustion emission unit

using solid fuel with a design heat input capacity of 14.6 MW (50 mmbtu/hr) or

more;

i)

Any stationary

turbine or internal combustion engine with a rated power output of

less than 1118 kW (1500 bhp horsepower), except that a permit shall be required

for the following:

1)

Anyany stationary gas turbine engine with a rated heat input at peak load

of 10.7 gigajoules/hr (10 mmbtu/hr) or more that is constructed,

reconstructed or modified after October 3, 1977 and that is subject to

requirements of 40 CFR 60, Subpart GG

; or

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8

2)

Any internal combustion engine with a rating at equal to or greater than

500 bhp output that is subject to the control requirements of 35 Ill. Adm.

Code Part 217.Subpart Q.

j)

Rest room facilities and associated cleanup operations, and stacks or vents used to

prevent the escape of sewer gases through plumbing traps;

k)

Safety devices designed to protect life and limb, provided that a permit is not

otherwise required for the emission unit with which the safety device is

associated;

l)

Storage tanks for liquids for retail dispensing except for storage tanks that are

subject to the requirements of 35 Ill. Adm. Code 215.583(a)(2), 218.583(a)(2) or

219.583(a)(2);

m)

Printing operations with aggregate organic solvent usage that never exceeds 2,839

l (750 gal) per year from all printing lines at the source, including organic solvent

from inks, dilutents, fountain solutions and cleaning materials;

n)

Storage tanks of:

1)

Organic liquids with a capacity of less than 37,850 l (10,000 gal),

provided the storage tank is not used to store any material listed as a

hazardous air pollutant pursuant to Section 112(b) of the Clean Air Act,

and provided the storage tank is not subject to the requirements of 35 Ill.

Adm. Code 215.583(a)(2), 218.583(a)(2) or 219.583(a)(2);

2)

Any size containing exclusively soaps, detergents, surfactants, waxes,

glycerin, vegetable oils, greases, animal fats, sweetener, corn syrup,

aqueous salt solutions or aqueous caustic solutions, provided an organic

solvent has not been mixed with such materials; or

3)

Any size containing virgin or re-refined distillate oil, hydrocarbon

condensate from natural gas pipeline or storage systems, lubricating oil or

residual fuel oils.

o)

Threaded pipe connections, vessel manways, flanges, valves, pump seals, pressure

relief valves, pressure relief devices and pumps;

p)

Sampling connections used exclusively to withdraw materials for testing and

analyses;

q)

All storage tanks of Illinois crude oil with capacity of less than 151,400 l (40,000

gal) located on oil field sites;

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9

r)

All organic material-water single or multiple compartment effluent water

separator facilities for Illinois crude oil of vapor pressure of less than 34.5 kPa

absolute (5 psia);

s)

Grain-handling operations, exclusive of grain-drying operations, with an annual

grain through-put not exceeding 300,000 bushels;

t)

Grain-drying operations with a total grain-drying capacity not exceeding 750

bushels per hour for 5% moisture extraction at manufacturer's rated capacity,

using the American Society of Agricultural Engineers Standard 248.2, Section 9,

Basis for Stating Drying Capacity of Batch and Continuous-Flow Grain Dryers;

u)

Portable grain-handling equipment and one-turn storage space;

v)

Cold cleaning degreasers that are not in-line cleaning machines, where the vapor

pressure of the solvents used never exceeds 2 kPa (15 mmHg or 0.3 psi) measured

at 38°C (100°F) or 0.7 kPa (5 mmHg or 0.1 psi) at 20°C (68°F);

w)

Coin-operated dry cleaning operations;

x)

Dry cleaning operations at a source that consume less than 30 gallons per month

of perchloroethylene;

y)

Brazing, soldering, wave soldering or welding equipment, including associated

ventilation hoods;

z)

Cafeterias, kitchens, and other similar facilities, including smokehouses, used for

preparing food or beverages, but not including facilities used in the manufacturing

and wholesale distribution of food, beverages, food or beverage products, or food

or beverage components;

aa)

Equipment for carving, cutting, routing, turning, drilling, machining, sawing,

surface grinding, sanding, planing, buffing, sand blast cleaning, shot blasting, shot

peening, or polishing ceramic artwork, leather, metals (other than beryllium),

plastics, concrete, rubber, paper stock, wood or wood products, where such

equipment is either:

1)

Used for maintenance activity;

2)

Manually operated;

3)

Exhausted inside a building; or

4)

Vented externally with emissions controlled by an appropriately operated

cyclonic inertial separator (cyclone), filter, electro-static precipitor or a

scrubber.

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10

bb)

Feed mills that produce no more than 10,000 tons of feed per calendar year,

provided that a permit is not otherwise required for the source pursuant to Section

201.142, 201.143 or 201.144;

cc)

Extruders used for the extrusion of metals, minerals, plastics, rubber or wood,

excluding:

1)

Extruders used in the manufacture of polymers;

2)

Extruders using foaming agents or release agents that contain volatile

organic materials or Class I or II substances subject to the requirements of

Title VI of the Clean Air Act; and

3)

Extruders processing scrap material that was produced using foaming

agents containing volatile organic materials or Class I or II substances

subject to the requirements of Title VI of the Clean Air Act.

dd)

Furnaces used for melting metals, other than beryllium, with a brim full capacity

of less than 450 cubic inches by volume;

ee)

Equipment used for the melting or application of less than 22,767 kg/yr (50,000

lbs/yr) of wax to which no organic solvent has been added;

ff)

Equipment used for filling drums, pails or other packaging containers, excluding

aerosol cans, with soaps, detergents, surfactants, lubricating oils, waxes, vegetable

oils, greases, animal fats, glycerin, sweeteners, corn syrup, aqueous salt solutions

or aqueous caustic solutions, provided an organic solvent has not been mixed with

such materials;

gg)

Loading and unloading systems for railcars, tank trucks, or watercraft that handle

only the following liquid materials: soaps, detergents, surfactants, lubricating oils,

waxes, glycerin, vegetable oils, greases, animal fats, sweetener, corn syrup,

aqueous salt solutions or aqueous caustic solutions, provided an organic solvent

has not been mixed with such materials;

hh)

Equipment used for the mixing and blending of materials at ambient temperatures

to make water based adhesives, provided each material mixed or blended contains

less than 5% organic solvent by weight;

ii)

Die casting machines where a metal or plastic is formed under pressure in a die

located at a source with a through-put of less than 2,000,000 lbs of metal or

plastic per year, in the aggregate, from all die casting machines;

jj)

Air pollution control devices used exclusively with other equipment that is

exempt from permitting, as provided in this Section;

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kk)

An emission unit for which a registration system designed to identify sources and

emission units subject to emission control requirements is in place, such as the

registration system found at 35 Ill. Adm. Code 218.586 (Gasoline Dispensing

Operations - Motor Vehicle Fueling Operations) and 35 Ill. Adm. Code 218,

Subpart HH (Motor Vehicle Refinishing);

ll)

Photographic process equipment by which an image is reproduced upon material

sensitized to radiant energy;

mm) Equipment used for hydraulic or hydrostatic testing;

nn)

General vehicle maintenance and servicing activities conducted at a source, motor

vehicle repair shops, and motor vehicle body shops, but not including:

1)

Gasoline fuel handling; and

2)

Motor vehicle refinishing.

oo)

Equipment using water, water and soap or detergent, or a suspension of abrasives

in water for purposes of cleaning or finishing, provided no organic solvent has

been added to the water;

pp)

Administrative activities including, but not limited to, paper shredding, copying,

photographic activities and blueprinting machines. This does not include

incinerators;

qq)

Laundry dryers, extractors, and tumblers processing that have been cleaned with

water solutions of bleach or detergents that are:

1)

Located at a source and process clothing, bedding and other fabric items

used at the source, provided that any organic solvent present in such items

before processing that is retained from cleanup operations shall be

addressed as part of the VOM emissions from use of cleaning materials;

2)

Located at a commercial laundry; or

3)

Coin operated.

rr)

Housekeeping activities for cleaning purposes, including collecting spilled and

accumulated materials, including operation of fixed vacuum cleaning systems

specifically for such purposes, but not including use of cleaning materials that

contain organic solvent;

ss)

Refrigeration systems, including storage tanks used in refrigeration systems, but

excluding any combustion equipment associated with such systems;

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12

tt)

Activities associated with the construction, on-site repair, maintenance or

dismantlement of buildings, utility lines, pipelines, wells, excavations, earthworks

and other structures that do not constitute emission units;

uu)

Piping and storage systems for natural gas, propane and liquefied petroleum gas;

vv)

Water treatment or storage systems, as follows:

1)

Systems for potable water or boiler feedwater;

2)

Systems, including cooling towers, for process water, provided that such

water has not been in direct or indirect contact with process streams that

contain volatile organic material or materials listed as hazardous air

pollutants pursuant to Section 112(b) of the Clean Air Act.

ww) Lawn care, landscape maintenance and grounds keeping activities;

xx)

Containers, reservoirs or tanks used exclusively in dipping operations to coat

objects with oils, waxes or greases, provided no organic solvent has been mixed

with such materials;

yy)

Use of consumer products, including hazardous substances as that term is defined

in the Federal Hazardous Substances Act (15 USC U.S.C. 1261 et seq.), where the

product is used at a source in the same manner as normal consumer use;

zz)

Activities directly used in the diagnosis and treatment of disease, injury or other

medical condition;

aaa)

Activities associated with the construction, repair or maintenance of roads or

other paved or open areas, including operation of street sweepers, vacuum trucks,

spray trucks and other vehicles related to the control of fugitive emissions of such

roads or other areas;

bbb) Storage and handling of drums or other transportable containers, where the

containers are sealed during storage and handling;

ccc)

Activities at a source associated with the maintenance, repair or dismantlement of

an emission unit or other equipment installed at the source, not including the

shutdown of the unit or equipment, including preparation for maintenance, repair

or dismantlement, and preparation for subsequent startup, including preparation of

a shutdown vessel for entry, replacement of insulation, welding and cutting, and

steam purging of a vessel prior to startup;

ddd) Equipment used for corona arc discharge surface treatment of plastic with a power

rating of 5 kW or less or equipped with an ozone destruction device;

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13

eee)

Equipment used to seal or cut plastic bags for commercial, industrial or domestic

use;

fff)

Each direct-fired gas dryer used for a washing, cleaning, coating or printing line,

excluding:

1)

Dryers with a rated heat input capacity of 2930 kW (10 mmbtu/hr) or

more; and

2)

Dryers for which emissions other than those attributable to combustion of

fuel in the dryer, including emissions attributable to use or application of

cleaning agents, washing materials, coatings or inks or other process

materials that contain volatile organic material are not addressed as part of

the permitting of such line, if a permit is otherwise required for the line;

ggg) Municipal solid waste landfills with a maximum total design capacity of less than

2.5 million Mg or 2.5 million m

3

that are not required to install a gas collection

and control system pursuant to 35 Ill. Adm. Code 220 or 800 through 849 or

Section 9.1 of the Act; and

hhh) Replacement or addition of air pollution control equipment for existing emission

units in circumstances where:

1)

The existing emission unit is permitted and has operated in compliance for

the past year;

2)

The new control equipment will provide equal or better control of the

target pollutants;

3)

The new control device will not be accompanied by a net increase in

emissions of any non-targeted criteria air pollutant;

4)

Different State or federal regulatory requirements or newly proposed

regulatory requirements will not apply to the unit; and

BOARD NOTE: All sources must comply with underlying federal

regulations and future State regulations.

5)

Where the existing air pollution control equipment had required

monitoring equipment, the new air pollution control equipment will be

equipped with the instrumentation and monitoring devices that are

typically installed on the new equipment of that type.

BOARD NOTE: For major sources subject to Section 39.5 of the Act,

where the new air pollution control equipment will require a different

compliance determination method in the facility’s CAAPP permit, the

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14

facility may need a permit modification to address the changed

compliance determination method.

iii)

Replacement, addition, or modification of emission units at facilities with

federally enforceable State operating permits limiting their potential to emit in

circumstances where:

1)

The potential to emit any regulated air pollutant in the absence of air

pollution control equipment from the new emission unit, or the increase in

the potential to emit resulting from the modification of any existing

emission unit, is less than 0.1 pound per hour or 0.44 tons per year;

2)

The raw materials and fuels used or present in the emission unit that cause

or contribute to emissions, based on the information contained in Material

Safety Data Sheets for those materials, do not contain equal to or greater

than 0.01 percent by weight of any hazardous air pollutant as defined

under Section 112(b) of the federal Clean Air Act;

3)

The emission unit or modification is not subject to an emission standard or

other regulatory requirement pursuant to Section 111 of the federal Clean

Air Act;

4)

Potential emissions of regulated air pollutants from the emission unit or

modification will not, in combination with emissions from existing units

or other proposed units, trigger permitting requirements under Section

39.5, permitting requirements under Section 165 or 173 of the federal

Clean Air Act, or the requirement to obtain a revised federally enforceable

State operating permit limiting the source’s potential to emit; and

5)

The source is not currently the subject of a Non-compliance Advisory,

Clean Air Act Section 114 Request, Violation Notice, Notice of Violation,

Compliance Commitment Agreement, Administrative Order, or civil or

criminal enforcement action, related to the air emissions of the source.

jjj)

Replacement, addition, or modification of emission units at permitted sources that

are not major sources subject to Section 39.5 and that do not have a federally

enforceable state operating permit limiting their potential to emit, in

circumstances where:

1)

The potential to emit of any regulated air pollutant in the absence of air

pollution control equipment from the new emission unit, or the increase in

the potential to emit resulting from the modification of any existing

emission unit is either:

A)

Less than 0.1 pound per hour or 0.44 tons per year; or

---

15

B)

Less than 0.5 pound per hour, and the permittee provides prior

notification to the Agency of the intent to construct or install the

unit. The unit may be constructed, installed or modified

immediately after the notification is filed;

2)

The emission unit or modification is not subject to an emission standard or

other regulatory requirement under Section 111 or 112 of the federal

Clean Air Act;

3)

Potential emissions of regulated air pollutants from the emission unit or

modification will not, in combination with the emissions from existing

units or other proposed units, trigger permitting requirements under

Section 39.5 or the requirement to obtain a federally enforceable permit

limiting the source’s potential to emit; and

4)

The source is not currently the subject of a Non-compliance Advisory,

Clean Air Act Section 114 Request, Violation Notice, Notice of Violation,

Compliance Commitment Agreement, Administrative Order, or civil or

criminal enforcement action, related to the air emissions of the source.

kkk) The owner or operator of a CAAPP source is not required to obtain an air

pollution control construction permit for the construction or modification of an

emission unit or activity that is an insignificant activity as addressed by Section

201.210 or 201.211 of this Part. Section 201.212 of this Part must still be

followed, as applicable. Other than excusing the owner or operator of a CAAPP

source from the requirement to obtain an air pollution control construction permit

for the emission units or activities, nothing in this subsection shall alter or affect

the liability of the CAAPP source for compliance with emission standards and

other requirements that apply to the emission units or activities, either

individually or in conjunction with other emission units or activities constructed,

modified or located at the source.

lll)

Plastic injection molding equipment with an annual through-put not exceeding

5,000 tons of plastic resin in the aggregate from all plastic injection molding

equipment at the source, and all associated plastic resin loading, unloading,

conveying, mixing, storage, grinding, and drying equipment and associated mold

release and mold cleaning agents.

(Source: Amended at 31 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

---

16

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

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

---

17

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

211.740

Brakehorsepower (rated-bhp)

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

211.953

Carbon Adsorber

211.955

Cement

211.960

Cement Kiln

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

211.1120

Clinker

211.1130

Closed Purge System

211.1150

Closed Vent System

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

---

18

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

211.1740

Diesel Engine

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

211.1880

Electromagnetic Interference/Radio Frequency Interference (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

---

19

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 Operation 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

211.2590

Gasoline Dispensing Operation or Gasoline Dispensing Facility

211.2610

Gel Coat

211.2620

Generator

211.2630

Gloss Reducers

211.2650

Grain

211.2670

Grain-Drying Operation

211.2690

Grain-Handling and Conditioning Operation

211.2710

Grain-Handling Operation

---

20

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

211.3300

Lean-Burn Engine

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

211.3450

Lithographic Printing Line

211.3470

Load-Out Area

211.3480

Loading Event

211.3483

Long Dry Kiln

211.3485

Long Wet Kiln

211.3487

Low-NOx Burner

211.3490

Low Solvent Coating

211.3500

Lubricating Oil

---

21

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

211.3780

Mid-Kiln Firing

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

211.4067

NOx Trading Program

211.4070

Offset

211.4090

One Hundred Percent Acid

211.4110

One-Turn Storage Space

211.4130

Opacity

211.4150

Opaque Stains

211.4170

Open Top Vapor Degreasing

211.4190

Open-Ended Valve

---

22

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

211.4950.1Portland Cement Process or Portland Cement Manufacturing Plant

211.4960

Potential Electrical Output Capacity

211.4970

Potential to Emit

211.4990

Power Driven Fastener Coating

211.5010

Precoat

211.5015

Preheater Kiln

211.5020

Preheater/Precalciner Kiln

---

23

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

211.5640

Rich-Burn Engine

211.5650

Ringelmann Chart

211.5670

Roadway

211.5690

Roll Coater

211.5710

Roll Coating

211.5730

Roll Printer

---

24

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

211.5880

Screen Printing on Paper

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

211.6450

Styrene Recovery Unit

---

25

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

211.7210

Wastewater (Oil/Water) Separator

211.7230

Weak Nitric Acid Manufacturing Process

---

26

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 R01-9 at 25 Ill. Reg. 128, effective December

26, 2000; amended in R01-11 at 25 Ill. Reg. 4597, effective March 15, 2001; amended in R01-17

at 25 Ill. Reg. 5900, effective April 17, 2001; amended in R05-16 at 29 Ill. Reg. 8181, effective

---

27

May 23, 2005; amended in R05-11 at 29 Ill. Reg.8892, effective June 13, 2005; amended in R04-

12/20 at 30 Ill. Reg. 9654, effective May 15, 2006; amended in R07-18 at 31 Ill. Reg. _______,

effective ____________.

SUBPART B: DEFINITIONS

Section 211.740

Brakehorsepower (rated-bhp)

“Brakehorsepower (bhp)” means the rated horsepower capacity of the engine as defined on the

engine nameplate at standard conditions.

(Source: Added at 31 Ill. Reg._____________, effective ______________)

Section 211.1740

Diesel Engine

“Diesel engine” means for the purposes of 35 Ill. Adm. Code 217, Subpart Q, a compression

ignited two- or four-stroke engine in which liquid fuel injected into the combustion chamber

ignites when the air charge is compressed to a temperature sufficiently high for auto-ignition.

(Source: Added at 31 Ill. Reg._____________, effective ______________)

Section 211.1920

Emergency or Standby Unit

“Emergency or Standby Unit” means, for a stationary gas turbine or stationary reciprocating

internal combustion engine, a unit that:

a)

Supplies power for the source at which it is located but operates only when the

normal supply of power has been rendered unavailable by circumstances beyond

the control of the owner or operator of the source and only as necessary to assure

the availability of the engine or turbine. An emergency standby unit may not be

operated to supplement a primary power source when the load capacity or rating

of the primary power source has been reached or exceeded.;

b)

Operates exclusively for firefighting or flood control or both

.; or

c)

Operates in response to and during the existence of any officially declared disaster

or state of emergency.

d)

Operates for the purpose of testing, repair or routine maintenance

to verify its readiness for emergency standby use.

The term does not include equipment used for purposes other than emergencies, as

described above, such as to supply power during high electric demand days.

(Source: Amended at 31 Ill. Reg._____________, effective

______________)

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28

Section 211.3300

Lean-Burn Engine

“Lean-burn engine” means any spark-ignited engine that is not a rich-burn engine.

(Source: Added at 31 Ill. Reg._____________, effective ______________)

Section 211.5640

Rich-Burn Engine

“Rich-burn engine” means a spark-ignited engine where the oxygen content in the exhaust

stream of the engine before any dilutions is 1 percent or less by volume measured on a dry basis.

(Source: Added at 31 Ill. Reg._____________, effective ______________)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE B: AIR POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER C: EMISION 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 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

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29

SUBPART Q: STATIONARY RECIPROCATING INTERNAL COMBUSTION

ENGINES AND TURBINES

Section

217.386

Applicability

217.388

Control and Maintenance Requirements

217.390

Emissions Averaging Plans

217.392

Compliance

217.394

Testing and Monitoring

217.396

Recordkeeping and Reporting

SUBPART T: CEMENT KILNS

Section

217.400

Applicability

217.402

Control Requirements

217.404

Testing

217.406

Monitoring

217.408

Reporting

217.410

Recordkeeping

SUBPART U: NO

x

CONTROL AND TRADING PROGRAM FOR

SPECIFIED NO

x

GENERATING UNITS

Section

217.450

Purpose

217.452

Severability

217.454

Applicability

217.456

Compliance Requirements

217.458

Permitting Requirements

217.460

Subpart U NO

x

Trading Budget

217.462

Methodology for Obtaining NO

x

Allocations

217.464

Methodology for Determining NO

x

Allowances from the New Source Set-Aside

217.466

NO

x

Allocations Procedure for Subpart U Budget Units

217.468

New Source Set-Asides for “New” Budget Units

217.470

Early Reduction Credits (ERCs) for Budget Units

217.472

Low-Emitter Requirements

217.474

Opt-In Units

217.476

Opt-In Process

217.478

Opt-In Budget Units: Withdrawal from NO

x

Trading Program

217.480

Opt-In Units: Change in Regulatory Status

217.482

Allowance Allocations to Opt-In Budget Units

SUBPART V: ELECTRIC POWER GENERATION

Section

217.521

Lake of Egypt Power Plant

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30

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

SUBPART W: NO

x

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

NO

x

Trading Budget

217.762

Methodology for Calculating NO

x

Allocations for Budget Electrical

Generating Units (EGUs)

217.764

NO

x

Allocations for Budget EGUs

217.768

New Source Set-Asides for “New” Budget EGUs

217.770

Early Reduction Credits for Budget EGUs

217.774

Opt-In Units

217.776

Opt-In Process

217.778

Budget Opt-In Units: Withdrawal from NO

x

Trading Program

217.780

Opt-In Units: Change in Regulatory Status

217.782

Allowance Allocations to Budget Opt-In Units

SUBPART X: VOLUNTARY NO

x

EMISSIONS REDUCTION PROGRAM

Section

217.800

Purpose

217.805

Emission Unit Eligibility

217.810

Participation Requirements

217.815

NO

x

Emission Reductions and the Subpart X NO

x

Trading Budget

217.820

Baseline Emissions Determination

217.825

Calculation of Creditable NO

x

Emission Reductions

217.830

Limitations on NO

x

Emission Reductions

217.835

NO

x

Emission Reduction Proposal

217.840

Agency Action

217.845

Emissions Determination Methods

217.850

Emissions Monitoring

217.855

Reporting

217.860

Recordkeeping

217.865

Enforcement

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31

Appendix A Rule into Section Table

Appendix B Section into Rule Table

Appendix C Compliance Dates

Appendix D Non-Electrical Generating Units

Appendix E Large Non-Electrical Generating Units

Appendix F Allowances for Electrical Generating Units

Appendix G Existing Reciprocating Internal Combustion Engines Affected by the NO

x

SIP

Call

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

Environmental Protection Act [415 ILCS 5/9.9, 10, 27 and 28.5 (2004)].

Source: Adopted as Chapter 2: Air Pollution, Rule 207: Nitrogen Oxides Emissions, R71-23, 4

PCB 191, April 13, 1972, filed and effective April 14, 1972; amended at 2 Ill. Reg. 17, p. 101,

effective April 13, 1978; codified at 7 Ill. Reg. 13609; amended in R01-9 at 25 Ill. Reg. 128,

effective December 26, 2000; amended in R01-11 at 25 Ill. Reg. 4597, effective March 15, 2001;

amended in R01-16 and R01-17 at 25 Ill. Reg. 5914, effective April 17, 2001; amended in R07-

18 at 31 Ill. Reg. ___________, effective _______________.

SUBPART A: GENERAL PROVISIONS

Section 217.101

Measurement Methods

Measurement of nitrogen oxides must be according to:

a)

The phenol disulfonic acid proceduresmethod, 40 CFR 60, Appendix A, Method

7, as incorporated by reference in Section 217.104(1999);

b)

Continuous emissions monitoring pursuant to 40 CFR 75, as incorporated by

reference in Section 217.104(1999); and

c)

Determination of Nitrogen Oxides Emissions from Stationary Sources

(Instrumental Analyzer Procedure), 40 CFR 60, Appendix A, Method 7E, as

incorporated by reference in Section 217.104;(1999).

d)

Monitoring with portable monitors pursuant to ASTM D6522-00, as incorporated

by reference in Section 217.104; and

e)

How do I conduct the initial and subsequent performance tests (for turbines),

regarding NO

x

pursuant to 40 CFR 60.4400, as incorporated by reference in

Section 217.104.

(Source: Amended at 31 Ill. Reg._________, effective ________________)

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