OFFICE OF THE SECRETARY
OF
STATE
JESSE WHITE • Secretary of State
05/04/2007
POLLUTION CONTROL BOARD
James R. Thompson Center 100 W . Randolph St ., Ste 11-500
Dorothy Gunn
CHICAGO, IL 60601
Dear Dorothy Gunn
Your rules Listed below met our codification standards and have been published in
Volume 31, Issue 19 of the Illinois Register, dated
05/11/2007 .
ADOPTED RULES
Organic Material Emission Standards and Limitations for the Metro East Area
35 III . Adm . Code 219
Page 7110
Point Of Contact:Erin Conley
Organic Material Emission Standards and Limitations for the Chicago Area
35 Ill . Adm . Code 218
Page 7086
Point Of Contact :Erin Conley
OTHER INFORMATION REQUIRED BY LAW TO BE PUBLISHED IN THE ILLINOIS REGISTER
Notice of Public Information Pursuant to 415 ILCS 517 .2(b)
III . Adm . Code
Page 7187
Point Of Contact
:Erin Conley
PROPOSED RULES
Control of Emissions from Large Combustion Sources
35 III . Adm . Code 225
Page 6769
Point Of ContactErin Conley
If you have any questions, you may contact the Administrative Code Division at
(217) 782 - 7017 .
Index Department - Administrative Code Division - 111 East Monroe Springfield, IL 62756
R ECEIVED
MAY 0 9 2007
Pollution
STATE OF
Control
ILLINOISBoard
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
Heading of the Part : Control Of Emissions from Large Combustion Sources
Code Citation
: 35 Ill. Adm . Code 225
Section Numbers :
225 .130
225 .140
225 .150
225.300
225 .305
225 .310
225 .315
225 .320
225 .325
225 .400
225 .405
225 .410
225 .415
225 .420
225 .425
225 .430
225.435
225 .440
225.445
225.450
225 .455
225.460
225.465
225.470
225 .475
225 .480
225.500
225 .505
225 .510
225 .515
225 .520
225 .525
225 .530
225 .535
225 .540
Proposed Action
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REC
CLERK'S OFFICED
MAY p g 2007
Pollution
STATE OF
Control
ILLINOISBoard
ILLINOIS REGISTER 2
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POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
225.545
New
225 .550
New
225.555
New
225.560
New
225.565
New
225.570
New
225.575
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225 .600
New
225.605
New
225 .610
New
225 .615
New
225 .620
New
225 .625
New
225 .630
New
225 .635
New
225 .640
New
225 .APPENDIX A
New
4)
Statutory Authority : Implementing and authorized by Section 27 of the Environmental
Protection Act [415 ILCS 5/27]
.
5)
A Complete Description of the Subjects and Issues Involved :
For a more detailed
discussion of these amendments, see the Board's April 19, 2007 opinion and order in
docket R06-26. This rulemaking proposes amendments to Part 225 that are intended to
reduce intra- and interstate transport of sulfur dioxide and nitrogen oxides from fossil
fuel-fired electric generating units through the adoption of the Clean Air Interstate Rule
(CAIR) trading programs for sulfur dioxide and nitrogen oxides .
The proposed amendments are intended to satisfy Illinois' obligations under the United
States Environmental Protection Agency's (USEPA) Rule to Reduce Interstate Transport
of Fine Particulate Matter and Ozone ; Revisions to Acid Rain Program ; Revisions to the
NOx SIP Call (CAIR), 70 Fed . Reg. 25162 (May 12, 2005). The amendments also
address, in part, the State's obligation to meet Clean Air Act (CAA) requirements for the
control of fine particulate matter (PM2
.5) and ozone in the Chicago and Metro East/St .
Louis nonattaimnent areas
.
To meet these goals the rulemaking proposes amending Subpart A and adding four new
Subparts to Part 225 . Proposed new Subpart C contains regulations and standards to
establish a sulfur dioxide (SO2) trading program in Illinois
. The amendments include
provisions that establish to which units these rules apply, compliance and emission
NOTICE OF PROPOSED AMENDMENTS
requirements, permit requirements, and the allocations of allowances under the trading
program.
Proposed new Subpart D seeks to add requirements to control nitrogen oxide (NO
.)
emissions from large electrical generating units through a NO, trading program . The
amendments establish applicability and compliance requirements and establish an annual
trading budget for affected units . The regulations include standards to set aside a certain
amount of allowances for new units
. Additionally, the proposed regulations contain
recordkeeping and reporting provisions for units to earn Clean Air Set Aside (CASA)
credits if the company sponsors a project that qualifies as a energy efficiency and
conservation, renewable energy, or clean technology project.
The proposed new Subpart E includes amendments to establish a NO, emission control
program for the ozone season. Again, this program establishes applicability and
compliance requirements, and proposes permit requirements
. The amendments propose
the timelines to establish the ozone season and set the standards for the ozone allocations .
Subpart E also proposes standards for new units set asides and clean air set-asides .
Proposed new Subpart F is the result of a joint motion filed with the Board by the Illinois
Environmental Protection Agency (Agency) and Dynegy Midwest Generation
. The
Agency and Midwest Generation stated in their motion that on December 10, 2006, they
entered into a memorandum of understanding (MOU) wherein the parties agreed to a
timeline for Midwest Generation to achieve deep and sustained reductions in emissions of
mercury, SO2, and NO,, from their coal-fired Illinois EGUs . As a result, the Agency and
Midwest Generation requested that the Board include with a new Subpart F to establish
standards for Combined Pollutant Standards (CPS) . The proposed Subpart F will
establish an alternative means of compliance with the proposed emissions standards for
mercury in Subpart B, Section 225.230(a) and will establish specific emissions levels for
NO,,, PM, and S02 . Reductions in mercury, NO, PM, and SO2 emissions will be
accomplished through a combination of permanent shut-downs of EGUs, installation of
activated halogenated carbon injection systems for reduction of mercury (ACI), and the
installation of pollution control equipment for NO ., PM, and S02 emissions that will also
reduce mercury emissions as a co-benefit
. EGUs identified for compliance with the
proposed Subpart F are referred to as a CPS Group .
Finally, the proposed amendments contain new definitions and materials to be
incorporated by reference to supplement the proposed trading programs .
6)
Published Studies or Reports, and Sources of underlying data, used to compose this
rulemaking : None
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NOTICE OF PROPOSED AMENDMENTS
7)
Will this rulemaking replace any emergency rulemaking currently in effect? No
8)
Does this rulemaking contain an automatic repeal date? No
9)
Does this rulemaking contain incorporations by reference? Yes
10)
Are there any other proposed rules pending on this Part? No
11)
Statement of Statewide Policy Objective
: This proposed rule does not create or enlarge a
State mandate, as defined in Section 3(b) of the State Mandates Act [30 ILCS 805/3(b)
(2004)] .
12)
Time, Place, and Manner in which interested persons may comment on this proposed
rulemaking : The Board held hearings this rulemaking on October 10 through October 12,
2006, in Springfield and on November 28 through November 30, 2006, in Collinsville
.
The Board received a significant amount of public comments in this rulemaking prior to
proposing the amendments for first notice
. The Board will continue to accept written
public comment on this proposal for 45 days after the date of publication in the Illinois
Register
. Comments should reference Docket R06-26 and be addressed to :
Clerk's Office
Illinois Pollution Control Board
100 W. Randolph St ., Suite 11-500
Chicago, IL 60601
Interested persons may request copies of the Board's opinion and order by calling the
Clerk's office at 312-814-3620, or download from the Board's Web site at
www.ipcb.state
.il.us
.
For more information contact Amy Antoniolli at 312/814-3665 or email at
antonioa@ipcb .state.il.us.
13)
Initial Regulatory Flexibility Analysis :
A)
Types of small businesses, small municipalities and not for profit corporations
affected: This rulemaking will impact any small businesses, small municipalities
and not for profit corporations that own or operate a large electrical generating
unit that qualifies under the proposed amendments
. These regulations are,
however, substantively similar to those requirements imposed by the USEPA
.
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NOTICE OF PROPOSED AMENDMENTS
B)
Reporting, bookkeeping or other procedures required for compliance : This
rulemaking imposes new recordkeeping and reporting requirements to comply
with the proposed trading programs .
C)
Types of Professional skills necessary for compliance :
No professional skills
beyond those currently required by the existing state and federal air pollution
control regulations applicable to affected sources will be required .
14) Regulatory Agenda on which this rulemaking was summarized
: January 2007
The full text of the Proposed Amendments begins on the next page
:
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