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ORIGI\AL
HEARING OFFICER ORDER
After the conclusion of the first hearing in this proceeding on Monday, May 21, 2007, the
hearing officer received a joint request from participants in this rulemaking
: the Illinois
Environmental Protection Agency (Agency), the Pipeline Consortium, and the Illinois
Environmental Regulatory Group
. Specifically, the participants requested a Microsoft Word
document illustrating only that portion of the Agency's original proposal that the Board would
consider in this docket under the "fast-track" provisions of Section 28
.5 of the Environmental
Protection Act (415 ICS 5/28 .5 (2004))
. In Attachment A to the Board's May 17, 2007, order,
the Board included the Agency's entire original proposal, striking through the portion that will
be
considered in Docket R 07-19, Section 27 Pro osed Rules for Nitro en Oxide
0 Emissions
from Stationary Reciprocating Internal Combustion Engines and Turbines
:35 Ill . Adm. Code
Parts 211 and 217 .
In response to the participants' request and for their convenience, Attachment I to this
order consists only of that portion of Part 217 of the Agency's original proposal that the Board
would consider in this docket
.
IT IS SO ORDERED .
Timothy J
. Fox
Hearing Officer
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
(312) 814-6085
foxt a,ipcb.state.il.us
ILLINOIS POLLUTION
May 24,
2007
CONTROL BOARD RECEIVED
CLERK'S OFFICE
MAY 2 4 2007
IN THE MATTER OF
:
)
R07-18
FAST-TRACK RULES UNDER NITROGEN
)
Ponuii'n
STATE OFControl
ILLINOIS
Board
OXIDE (NO x)
SIP CALL PHASE II :
) (Rulemaking -
Air)
AMENDMENTS TO 35 ILL
. ADM . CODE
)
SECTION 201.146
AND PARTS 211 and 217
)

 
ATTACHMENT I
TO HEARING OFFICER ORDER DATED MAY 24, 2007
TITLE 35 : ENVIRONMENTAL PROTECTION
SUBTITLE B : AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER C
: EMISSION STANDARDS AND LIMITATIONS
FOR STATIONARY SOURCES
PART 217
NITROGEN OXIDES EMISSIONS
SUBPART A: GENERAL PROVISIONS
Section
217.100
Scope and Organization
217.101
Measurement Methods
217.102
Abbreviations and Units
217.103
Definitions
217.104
Incorporations by Reference
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 0: CHEMICAL MANUFACTURE
Section
217 .381
Nitric Acid Manufacturing Processes
SUBPART 0
: STATIONARY RECIPROCATING INTERNAL COMBUSTION
ENGINES AND TURBINES
2
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 : NOx
CONTROL AND TRADING PROGRAM FOR
SPECIFIED NO, 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, Trading Budget
217 .462
Methodology for Obtaining NO, Allocations
217 .464
Methodology for Determining NO, Allowances from the New Source Set-Aside
217.466
NOx
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, 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
217.700
Purpose
217 .702
Severability
217
.704
Applicability
217 .706
Emission Limitations
217 .708
NOx Averaging
217 .710
Monitoring
217.712
Reporting and Recordkeeping
3

 
4
SUBPART W : NO, 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
NOx
Trading Budget
217 .762
Methodology for Calculating NO, Allocations for Budget Electrical
Generating Units (EGUs)
217.764
NOx
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, EMISSIONS REDUCTION PROGRAM
Section
217.800
Purpose
217.805
Emission Unit Eligibility
217.810
Participation Requirements
217.815
NO, Emission Reductions and the Subpart X NO, Trading Budget
217 .820
Baseline Emissions Determination
217 .825
Calculation of Creditable NO, Emission Reductions
217 .830
Limitations on NO x
Emission Reductions
217 .835
NOx 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
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 RO1-16 and ROl-17 at 25111 . Reg
. 5914, effective April 17, 2001 ; amended in R07-
18 at 31111 . Reg. ,
effective
SUBPART 0
: STATIONARY RECIPROCATING INTERNAL COMBUSTION ENGINES
AND TURBINES
Section 217 .386 Applicability
5
A stationary reciprocating internal combustion engine listed in Appendix G of this Part is subject
to the requirements of this Subpart 0
.
(Source
: Added at 31 Ill . Reg. ,
effective )
Section 217 .388 Control
and Maintenance Requirements
On and after the applicable compliance date in Section 217
.392, an owner or operator of an
affected unit must inspect and maintain affected units as required by subsection (c) of this
Section and comply with either the applicable emissions concentrationasset
forth in subsection
(a) of this Section, or the requirements for an emissions averaging plan as specified in subsection
(b) of this Section.
a) The
owner or operator must limit the discharge from an affected unit into the
atmosphere of any gases that contain NO, to no more than
:
150 my
L
rich-bum engines
;
210
my co ected to 15 ercent O on a d
basis for s ark-i
lean-burn engines .
b) The
owner or operator must comply with the requirements of the applicable
emissions averaging plan as set forth in Section 217
.390.
c) The
owner or operator must inspect and perform periodic maintenance on the
corrected to 15 ercent 0 on a d
basi for ark-i
y
.ted
ited

 
6
affected unit, in accordance with a Maintenance Plan that documents
:
1) For
a unit not located at natural gas transmission compressor station or
storage facility either :
A) The
manufacturer's recommended inspection and maintenance of
the applicable air pollution control equipment, monitoring device,
and affected unit; or
B) If
the original equipment manual is not available or substantial
modifications have been made that require an alternative procedure
for the applicable air pollution control device, monitoring device,
or affected unit, the owner or operator must establish a plan for
inspection and maintenance in accordance with what is customary
for the type of air pollution control equipment, monitoring device,
and affected unit
.
2) For
a unit located at a natural gas compressor station or storage facility, the
operator's maintenance procedures for the applicable air pollution control
device, monitoring device, and affected unit
.
(Source: Added at 31 Ill . Reg . ,
effective )
Section 217
.390 Emissions Averaging Plans
a) An
owner or operator of certain affected units may comply through an emissions
averaging plan .
1) The
unit or units that commenced operation before January 1, 2002, may
be included in an emissions averaging plan as follows
: units located at a
single source or at multiple sources in Illinois, so long as the units are
owned by the same company or parent company where the parent company
has working control through stock ownership of its subsidiary
corporations
. A unit may be listed in only one emissions averaging plan
;
2) The
following types of units may not be included in an emissions
averaging plan
: units that commence operation after January 1, 2002,
unless the unit replaces an engine or turbine that commenced operation on
or before January 1, 2002, or it replaces an engine or turbine that replaced
a unit that commenced operation on or before January 1, 2002
. The new
unit must be used for the same purpose as the replacement unit
. The owner
or operator of a unit that is shutdown and replaced must comply with the
provisions of Section 217.396(d)(3)
before the replacement unit may be
included in an emissions averaging plan .

 
7
b) An
owner or operator must submit an emissions averaging plan to the Agency by
the applicable compliance date set forth in Section 217 .392
. The plan must
include, but is not limited to:
1) The
list of affected units included in the plan by unit identification number
and permit number .
2) A
sample calculation demonstrating compliance using the methodology
provided in subsection (f) of this Section for both the ozone season and
calendar near
.
c) An
owner or operator may amend an emissions averaging plan only once per
calendar year. An amended plan must be submitted to the Agency by May 1 of
the applicable calendar year
. If an amended plan is not received by the Agency by
May 1 of the applicable calendar year, the previous year's plan will be the
applicable emissions averaging plan
.
d) Notwithstanding
subsection (c) of this Section, an owner or operator, and the
buyer, if applicable must submit an updated emissions averaging plan or plans to
the Agency within 60 days, if a unit that is listed in an emissions averaging plan is
sold or taken out of service .
e) An
owner or operator must :
1) Demonstrate
compliance for both the ozone season (May 1 through
September 30) and the calendar year (January 1 through December 31) by
using the methodology and the units listed in the most recent emissions
averaging plan submitted to the Agency pursuant to subsection (b) of this
Section
; the higher of the monitoring or test data determined pursuant to
Section 217 .394
; and the actual hours of operation for the applicable
control period ;
2) Notify
the Agency by October 31 following the ozone season, if
compliance cannot be demonstrated for that ozone season
; and
3) Submit
to the Agency by January 31 following each calendar year, a
compliance report containing the information required by Section
217
.396(d)(4).
f) The
total mass of actual NO x
emissions from the units listed in the emissions
averaging plan must be equal to or less than the total mass of allowable NO,
emissions for those units for both the ozone season and calendar year
. The
following equation must be used to determine compliance
:

 
N
ct
-9N.11
Where:
Nct=
Nall
n
Eall(i) _
Where:
8
IEMact(p--
Nit Total
EEMaii(i)
iAn
sum
of
the actual NO,~mass emissions from units
included in the averaging plan for each fuel used (lbs per
ozone season and calendar year) .
Nall Total
sum of the allowable NO
x mass emissions from units
included in the averaging plan for each fuel used (lbs
per ozone season and calendar year)
.
EMaliy= Total
mass of allowable NO, emissions in lbs for a unit as
determined in subsection(g)(2),
(g)(3), (g)(4), (g)(5),or
(g)(6)of this Section
.
EM
C
=
o al mass of actual NO emissions in lbs for a unit as
determined in subsection(g)(1), (g)(3), (g)(5)
or (h) of
this Section
.
( Subscript
denoting an individual unit and fuel used
.
Number of different units in the averaging plan
.
g) For
each unit in the averaging plan, and each fuel used by a unit, determine actual
and allowable NO, emissions using the following equations, except as provided
for in subsection (h) of this Section
:
1) Actual
emissions must be determined as follows
:
EM, ,
=
E x Hi
a,
20.9
Cd(acl(i))xFdx 20
.9-%02dU)
Eact(i) =
m
2) Allowable emissions must be determinedasfollows
:
EM,nn Eall(i) x Hi
m
r
Cd(all) xF
dxl 20.9
20.9-
%O Zd(1)
m

 
9
EMactci) = Total mass of actual NO x emissions in lbs for a unit .
EMai) = Total mass of allowable NO, emissions in lbs for a unit
.
Ear = Actual NO, emission rate (lbs/mmBtu) calculated
according to the above equation.
Eaii Allowable
NO, emission rate (lbs/mmBtu) calculated
according to the above equation .
H Heat input (mmBtu/ozone season or mmBtu/year)
calculated from fuel flow meter and the heating value of the
fuel used .
Ca apt -
Actual concentration of NO, in lb/dscf (ppmv x 1 .194 x
10-7) on a dry basis for the fuel used . Actual concentration
is determined on each of the most recent test run or
monitoring pass performed pursuant to Section 217 .394,
whichever is higher .
C_arau~
-
Allowable concentration of NO x in lb/dscf (allowable
emission limit in ppmv specified in Section 217 .388(a),
except as provided for in subsection (g)(6)
of this Section,
if applicable .
multiplied by 1 .194 x 10-7)on a dry basis for the fuel used
.
F(-_=The ratio of the gas volume of the products of combustion
to the heat content of the fuel (dscf/mmBtu) as given in the
table of F Factors included in 40 CFR 60, Appendix A,
Method 19 or as determined using 40 CFR 60, Appendix A,
Method 19.
%02d-
Concentration of oxygen in effluent gas stream measured
on a dry basis during each of the applicable test or
monitoring runs used for determining emissions, as
represented by a whole number percent, e.g.,for 18.7%O2a,
18.7 would be used .
t
Subscript denoting an individual unit and the fuel used .
i Subscript
denoting each test run or monitoring pass for an
affected unit for a given fuel .
m = The
number of test runs or monitoring passes for an
affected unit using a given fuel
.
3) For
a replacement unit that is electric-powered, the allowable NOx
emissions from the affected unit that was replaced should be used in the
averaging calculations and the actual NO, emissions for the electric-
powered replacement unit(EM(;'aet
e,n.) are zero . Allowable NOx emissions
for the electric-powered replacement are calculated using the actual total
bhp-hrs generated by the electric-powered replacement unit on an ozone
season and on an annual basis multiplied by the allowable NO, emission
rate in lb/bhp-hr of the replaced unit
.

 
10
The allowable mass of NO x
emissions from an electric-powered
replacement unit (EM1j)
allciec)must be determined by multiplying the
nameplate capacity of the unit by the hours operated during the ozone
season or annually and the allowable NO, emission rate of the replaced
unit (Eall
re
in
lb/mmBtu converted to lb/bhp-hr . For this calculation the
following equation should be used :
EMall
elec(i)
= bhp x OP x F x Eau
re i
Where:
EMallelec(i)= Mass of allowable NO
x emissions from the electric-
powered replacement unit in pounds per ozone season or
calendar year .
bhp = Nameplate
capacity of the electric-
powered
replacement unit in brake-horsepower
.
OP Operating
hours during the ozone
season or calendar year.
F = Conversion factor of 0
.0077 mmBtu/bhp-hr .
Eu reorl-
Allowable NO1 emission rate
(lbs/mmBtu) of the replaced
unit.
I
Subscript denoting an individual electric unit and the fuel
used.
4) For
a replacement unit that is not electric, the allowable NO, emissions
rate used in the above equations set forth in subsection (g)(2)
of this
Section must be either
:
A) Prior
to the applicable compliance date for the replaced unit
pursuant to Section 217
.392, the higher of the actual NO,
emissions as determined by testing or monitoring data or the
applicable uncontrolled NO, emissions factor from Compilation of
Air pollutant emission Factors : AP-42
. Volume I : Stationary Point
and Area Sources, as incorporated by reference in Section 217
.104
for the unit that was replaced
; or
B) On
and after the applicable compliance date for the replaced unit
pursuant to Section 217
.392, the applicable emissions
concentration for the type of unit that replaced pursuant to Section
217.388(a)
.
For a unit that is replaced with purchased power, the allowable NO,
emissions rate used in the above equations set forth in subsection
(g)(2)of
this Section must be the emissions concentration as set forth in Section
217 .388(a) or subsection(g)(6)of
this Section, when applicable, for the

 
11
type of unit that was replaced
. For owners or operators replacing units
with purchased power, the annual hours of operations that must be used
are the calendar year hours of operation for the unit that was shutdown
averaged over the three-year period prior to the shutdown
. The actual NO,
emissions for the units replaced by purchased power (EM(i)a,t) are zero
.
These units may be included in any emissions averaging plan for no more
than five years beginning with the calendar year that the replaced unit is
shut down
.
6) For
non-Appendix G units used in an emissions averaging plan, allowable
emissions rate used in the above equations set forth in subsection (g)(2)of
this Section must be the hi
er of the actual NO emissions as determined
by testing or monitoring data, or the applicable uncontrolled NO,
emissions factor from Compilation of Air Pollutant Emission Factors
: AP-
42, Volume I
: Stationary Point and Areas Sources, as incorporated by
reference in Section 217 .104.
h) For
units that use CEMS the data must show that the total mass of actual NO
x
emissions determined pursuant to subsection (h)(1)
of this Section is less than or
equal to the allowable NO, emissions calculated in accordance with the equations
in subsections (f) and(h)(2)of
this Section for both the ozone season and calendar
year
. The equations in subsection (g) of this Section will not apply
.
1) The total mass of actual NO, emissions in lbs for a unit
(EM., must be
the sum of the total mass of actual NO x
emissions from each affected unit
using CEMS data collected in accordance with 40 CFR 60 or 75, or
alternate methodology that has been approved by the Agency or USEPA
and included in a federally enforceable permit
.
The allowab e NO emissions must be determined as
follows:
EM(a11) _ = t
(Cd; * flowstack, * 1.194x10-7
)
Where:
EM, =
To al mass of allowable NO emiss ons in lbs for a un
Flow; = Stack
flow (dscf/hr) for a given stack
.
Cd; = Allowable
concentration of No,
(ppmv) specified in
Section 217
.388(a) of this subpart for a given stack
. (1 .194
x 10-7)converts
to lb/dscf)
.
j subscript
denoting each hour operation of a given unit
.
m Total
number of hours of operation of a unit
.
1 = Subscript
denoting an individual unit and the fuel used
.

 
12
(Source: Added at 31111 . Reg .
, effective )
Section 217 .392 Compliance
On and after May 1, 2007, an owner or operator of an affected engine listed in Appendix G may
not operate the affected engine unless the requirements of this Subpart Q are met or the affected
engine is exempt pursuant to Section 217
.386(b)
.
(Source : Added at 31 111
. Reg. , effective )
Section 217 .394 Testing
and Monitoring
a) An owner or operator must conduct an initial performance test pursuant to
subsection(c)(1)or(c)(2)of
this Section as follows :
1) By
May 1, 2007, for affected engines listed in Appendix G
. Performance
tests must be conducted on units listed in Appendix G, even if the unit is
included in an emissions averaging plan pursuant to Section 217
.388(b)
.
2) By
the applicable compliance date as set forth in Section 217
.392, or
within the first 876 hours of operation per calendar year, whichever is
later, for units that are not affected units that are included in an emissions
averaging plan and operate more than 876 hours per calendar year
.
3) Once
within the five-year period after the applicable compliance date as
set forth in Section 217 .392:
A) For
affected units that operate fewer than 876 hours per calendar
year; and
B) For
units that are not affected units that are included in an
emissions averaging plan and that operate fewer than 876 hours per
calendar year
b) An
owner or operator must conduct subsequent performance tests pursuant to
subsection (c)(1)or(c)(2)of this Section as follows
:
1) For
affected engines listed in Appendix G and all units included in an
emissions averaging plan, once every five years
. Testing must be
performed in the calendar Year by May 1 or within 60 days of starting
operation, whichever is later ;
2) If
the monitored data shows that the unit is not in compliance with the

 
c) Testing Procedures :
13
applicable emissions concentration or emissions averaging plan, the owner
or operator must report the deviation to the Agency in writing within 30
days and conduct a performance test pursuant to subsection (c) of this
Section within 90 days of the determination of noncompliance ; and
3) When
in the opinion of the Agency or USEPA, it is necessary to conduct
testing to demonstrate compliance with Section 217
.388, the owner or
operator of a unit must, at his or her own expense, conduct the test in
accordance with the applicable test methods and procedures specified in
this Section 217
.394 within 90 days of receipt of a notice to test from the
Agency or USEPA.
1) For an engine
: The owner or operator must conduct a performance test
using Method 7 or 7E of 40 CFR 60, Appendix A, as incorporated by
reference in Section 217 .104 . Each compliance test must consist of three
separate runs, each lasting a minimum of 60 minutes
. NO-, emissions must
be measured while the affected unit is operating at peak load
. If the unit
combusts more than one type of fuel (gaseous or liquid) including backup
fuels, a separate performance test is required for each fuel
.
2) For
a turbine included in an emissions averaging plan : The owner
operator must conduct a performance test using the applicable procedures
and methods in 40 CFR 60.4400,
as incorporated by reference in Section
217.104
.
d) Monitoring
: Except for those years in which a performance test is conducted
pursuant to subsection (a) or (b) of this Section, the owner or operator of an
affected unit or a unit included in an emissions averaging plan must monitor NO,
concentrations annually, once between January 1 and May 1 or within the first 876
hours of operation per calendar year, whichever is later
. If annual operation is less
than 876 hours per calendar year, each affected unit must be monitored at least
once every five years
. Monitoring must be performed as follows :
1)
A portable NO, monitor and utilizing method ASTM D6522-00, as
incorporated by reference in Section 217.104,
or a method approved by the
Agency must be used
. If the engine or turbine combusts both liquid or
gaseous fuels as primary or backup fuels, separate monitoring is required
for each fuel.
2)
NO, and02concentrations
measurements must be taken three times for a
duration of at least 20 minutes
. Monitoring must be done at highest
achievable load
. The concentrations from the three monitoring runs must
be averaged to determine whether the affected unit is in compliance with

 
14
the applicable emissions concentration or emissions averaging plan as
specified in Section 217 .388.
e) Instead of complying with the requirements of subsections (a), (b)
. (c) and (d) of
this Section, an owner or operator may install and operate a CEMS on an affected
unit that meets the applicable requirements of 40 CFR 60, subpart A, and
Appendix B, incorporated by reference in Section 217
.104, and complies with the
quality assurance procedures specified in 40 CFR 60, Appendix F, or 40 CFR 75
as incorporated by reference in Section 217 .104, or an alternate procedure as
approved by the Agency or USEPA in a federally enforceable permit
. The CEMS
must be used to demonstrate compliance with the applicable emissions
concentration or emissions averaging plan only on an ozone season and annual
basis .
(Source: Added at 31111 . Reg. ,
effective )
Section 217 .396 Recordkeeping and Reporting
a) Recordkeeping
. The owner or operator of a unit included in an emissions
averaging plan or an affected unit that is not exempt pursuant to Section
217.386(b) and is not subject to the low usage exemption of Section 217
.388(c)
must maintain records that demonstrate compliance with the requirements of this
Subpart 0 which include, but are not limited to
:
1) Identification, type(e.g.,
lean-bum, gas-fired), and location of each unit
.
2) Calendar date of the record
.
3) The
number of hours the unit operated on a monthly basis, and during each
ozone season
.
4) Type
and quantity of the fuel used on a daily basis .
5) The results of all monitoring performed on the unit and reported
deviations.
6) The results of all tests performed on the unit
.
7) The
plan for performing inspection and maintenance of the units, air
pollution control equipment, and the applicable monitoring device
pursuant to Section 217 .388(d).
8) A
log of inspections and maintenance performed on the unit's air
emissions, monitoring device, and air pollution control device
. These

 
15
records must include, at a minimum, date, load levels and any manual
adjustments along with the reason for the adjustment (e.g.,air to fuel ratio,
timing or other settings) .
9) If complying with the emissions averaging plan provisions of Sections
217.388(b) and 217 .390 copies of the calculations used to demonstrate
compliance with the ozone season and annual control period limits,
noncompliance reports for the ozone season, and ozone and annual control
period compliance reports submitted to the Agency
.
10) Identification of time periods for which operating conditions and pollutant
data were not obtained by either the CEMS or alternate monitoring
procedures including the reasons for not obtaining sufficient data and a
description of corrective actions taken.
b) The
owner or operator of an affected unit or unit included in an emissions
averaging plan must maintain the records required by subsections (a) and (b) of
this Section for a period of five-years at the source at which the unit is located .
The records must be made available to the Agency and USEPA upon request .
c) Reporting
requirements :
1) The owner or operator must notify the Agency in writing 30 days and five
days prior to testing pursuant to Section 217 .394(a) and:
A) If after the 30-days notice for an initially scheduled test is sent,
there is a delay(e.g.,due to operational problems) in conducting
the performance test as scheduled, the owner or operator of the unit
must notify the Agency as soon as possible of the delay in the
original test date, either by providing at least seven days prior
notice of the rescheduled date of the performance test, or by
arranging a new test date with the Agency by mutual agreement ;
B) Provide a testing protocol to the Agency 60 days prior to testing ;
and
C) Not
later than 30 days after the completion of the test, submit the
results of the test to the Agency .
2) Pursuant to the requirements for monitoring in Section 217 .394(d), the
owner or operator of the unit must report to the Agency any monitored
exceedances of the a licable NO concentration from Section 217 .388 a
or (b) within 30 days of performing the monitoring.

 
16
3) Within
90 days of permanently shutting down an affected unit or a unit
included in an emissions averaging plan, the owner or operator of the unit
must withdraw or amend the applicable permit to reflect that the unit is no
longer in service
.
4) If
demonstrating compliance through an emissions averaging plan
:
A) By
October 31 following the applicable ozone season, the owner or
operator must notify the Agency if he or she cannot demonstrate
compliance for that ozone season ; and
B) By
January 30 following the applicable calendar year, the owner or
operator must submit to the Agency a report that demonstrates the
following :
i) For
all units that are part of the emissions averaging plan,
the total mass of allowable NO
x
emissions for the ozone
season and for the annual control period
;
ii) The
total mass of actual NO x
emissions for the ozone
season and annual control period for each unit included in
the averaging plan;
iii) The
calculations that demonstrate that the total mass of
actual NOx
emissions are less than the total mass of
allowable NOx
emissions using equations in Sections
217.390(f) and(g)
;
and
iv) The
information required to determine the total mass of
actual NO, emissions and the calculations performed in
subsection (d)(4)(B)(iii)of
this Section
.
5) If
operating a CEMS, the owner or operator must submit an excess
emissions and monitoring systems performance report in accordance with
the requirements of 40 CFR 60
.7(c) and 60
.13, or 40 CFR 75 incorporated
by reference in Section 217
.104, or an alternate procedure approved by the
Agency or USEPA and included in a federally enforceable permit
.
(Source: Added at 31111
. Reg.
, effective )

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