NOTICE OF HEARINGS

PROCEDURAL HISTORY
BACKGROUND OF FEDERAL REQUIREMENTS
SUMMARY AND DISCUSSION OF ADOPTED RULES
1. Appendix G
TECHNICAL FEASIBILITY AND ECONOMIC REASONABLENESS
CONCLUSION
1. PTE potential to emit

ILLINOIS POLLUTION CONTROL BOARD

September 20, 2007

IN THE MATTER OF:

FAST-TRACK RULES UNDER NITROGEN

) SIP CALL PHASE II:

AMENDMENTS TO 35 ILL. ADM. CODE

SECTION 201.146 AND PARTS 211 and 217

(Rulemaking - Air)

Proposed Rule. Final Notice.

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

Today the Board adopts the proposed rule for final notice under the Illinois

Administrative Procedure Act (5 ILCS 100/5-5

415 ILCS 5/28.5(p) (2006).

The adopted rule is substantively unchanged from the rule proposed for second notice.

The adopted rules are intended to reduce interstate and intrastate transport of nitrogen

) emissions on ozone season and annual bases by reducing NO

stationary reciprocating internal combustion engines addressed in the NO

State Implementation

Plan (SIP) Call Phase II. The Board adds a new Subpart Q to Part 217 of the Board’s air

regulations. The existing units subject to this rulemaking are specifically listed in Appendix G.

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

rulemaking proposal in this docket under the “fast-track” procedures of Section 28.5 of the

Environmental Protection Act (Act) (415 ILCS 5/28.5 (2006)). In an order dated May 17, 2007,

the Board concluded that the Agency’s entire proposal was not “required to be adopted” by the

Clean Air Act (CAA). Accordingly, the Board bifurcated the proposal by continuing to consider

under fast-track procedures in this docket only the portion applicable to engines affected by the

SIP Call Phase II.

First notice of this rulemaking was published in the

Illinois Register

on May 4, 2007. 31

Ill. Reg. 6578, 6597 (May 4, 2007). The proposal adopted here is substantively unchanged from

that adopted in the Board’s August 9, 2007 second-notice opinion and order.

In this opinion and order, the Board first describes the procedural history of this

rulemaking and then provides the federal regulatory background for the Agency’s proposal. The

opinion then summarizes the adopted rules before addressing their technical feasibility and

economic reasonableness. The Board’s order then sets forth the adopted amendments for final

notice publication in the

Illinois Register

PROCEDURAL HISTORY

On April 6, 2007, the Agency filed with the Board a rulemaking proposal intended to

reduce emissions of NO

from stationary reciprocating engines and turbines. The Agency’s

proposal included a technical support document (TSD). In its accompanying statement of

reasons (Statement), the Agency invoked as

statutory authorities for filing its proposal

sections 9.9, 10, and 27 of the Act. Statement at 1, 7-8;

415 ILCS 5/9.9, 10, 27 (2006)). The

Agency also invoked Section 28.5 of the Act, which provides for “fast-track” proceedings

applying “solely to the adoption of rules proposed by the Agency and required to be adopted by

the State under the Clean Air Act as amended by the Clean Air Act Amendments of 1990

(CAAA).” Statement at 8-11, citing 415 ILCS 5/28.5(a) (2004).

On April 16, 2007, ANR Pipeline Company, Natural Gas Pipeline Company, Trunkline

Gas Company, and Panhandle Eastern Pipeline Company (collectively, the Pipeline Consortium)

filed an “Objection to Use of Section 28.5 Fast Track Procedures for Consideration of Nitrogen

Oxide Proposal as Filed.” On April 17, 2007, the Illinois Environmental Regulatory Group

(IERG) filed an “Objection to Use of Section 28.5 ‘Fast-Track’ Rulemaking for the Illinois

Environmental Protection Agency’s Proposed Rules.”

On April 19, 2007, the Board adopted an order accepting the Agency’s proposal for

hearing without commenting on its merits and sending the proposed rule to first notice under the

Illinois Administrative Procedure Act.

31 Ill. Reg. 6559, 6578, 6597; 31 Ill. Reg. 7370-72

(correction of hearing date);

(2006). In the same order, the

Board noted that it had received objections to the Agency’s reliance on section 28.5 procedures

both from the Pipeline Consortium and from IERG. The same order directed that any response

to the two objections be filed by May 1, 2007, and allowed replies to the responses to be filed by

On May 1, 2007, the Agency filed a “Response to the Pipeline Consortium’s Objection to

Use of Section 28.5 Fast Track Procedures for Consideration of Nitrogen Oxide Proposal,”

accompanied by an affidavit of Robert Kaleel. Also on May 1, 2007, the Agency filed a

“Response to the Illinois Environmental Regulatory Group’s Objection to Use of Section 28.5

Fast Track Procedures for Consideration of Nitrogen Oxide Proposal”, accompanied by an

affidavit of Robert Kaleel.

On May 8, 2007, the Pipeline Consortium filed a “Reply to the Illinois Environmental

Protection Agency’s Responses to Objections to the Use of Section 28.5 Fast-Track Rulemaking

Procedures in this Matter.” Also on May 8, 2007, IERG filed a “Reply to Response to Objection

to Use of Section 28.5 ‘Fast-Track’ Rulemaking for the Illinois Environmental Protection

Agency’s Proposed Rules,” accompanied by an affidavit of Deirdre K. Hirner.

On May 14, 2007, the Pipeline Consortium filed in Sangamon County Circuit Court a

complaint seeking declaratory and injunctive relief related to this proceeding. The Pipeline

Consortium asserted that it filed its complaint “as a result of IPCB’s illegal rulemaking

procedure and the IEPA’s illegal filing of a proposed rule with the IPCB.” ANR Pipeline

Company, Natural Gas Pipeline Company, Trunkline Gas Company, and Panhandle Eastern Pipe

Line Company v. Illinois Pollution Control Board and Illinois Environmental Protection Agency,

No. 07MR190 (Sangamon County Circuit Court). Generally, plaintiffs alleged that Section 28.5

of the Act is unconstitutional and could not be used to adopt certain portions of IEPA’s original

proposal. On June 14, 2007, the parties filed an agreed motion to continue.

In an order dated May 17, 2007, the Board concluded that the Agency’s entire proposal is

not “required to be adopted” by the Clean Air Act (CAA). Accordingly, the Board bifurcated the

proposal by continuing to consider only the portion applicable to the 28 internal combustion

engines affected by the NO

SIP Call Phase II under the fast-track procedures of Section 28.5 of

the Act. In the same order, the Board directed publication of the remainder of the Agency’s

proposal for first notice under Sections 27 and 28 of the Act in docket R07-19 without

commenting on the merits of the proposal.

In a letter dated May 2, 2007, the Board requested that the Department of Commerce and

Economic Opportunity (DCEO) conduct an economic impact study of this rulemaking proposal.

415 ILCS 5/27(b) (2006). On May 21, 2007, the Board received from DCEO a response

stating that, based upon its review of the request and in light of its continued financial

constraints, DCEO had determined not to conduct a study of the economic impact of the

On May 11, 2007, the Agency prefiled the testimony of Robert Kaleel, Yoginder

Mahajan, Scott Leopold, and Michael Koerber. On May 18, 2007, the Agency filed a motion to

withdraw testimony. Specifically, the Agency sought leave to withdraw the testimony of Scott

Leopold and Michael Koerber in light of the Board’s May 17, 2007 order bifurcating the

Agency’s original proposal. Also on May 18, 2007, the Agency filed a motion to amend

testimony. Specifically, the Agency sought leave to amend the testimony of Robert Kaleel and

Yoginder Mahajan in light of the Board’s May 17, 2007 order bifurcating the Agency’s original

The first hearing (Tr. 1) in this proceeding took place on May 21, 2007 in Springfield. At

that hearing, the hearing officer granted the Agency’s motion to withdraw testimony, granted the

Agency’s motion to amend testimony, and accepted the amended testimony of Robert Kaleel

(Kaleel Test.) and Yoginder Mahajan (Mahajan Test.). Tr. 1 at 4-5. Two exhibits, the amended

testimony of Robert Kaleel (Exh. 1) and the amended testimony of Yoginder Mahajan (Exh. 2)

were admitted into the record at the first hearing.

On June 8, 2007, James McCarthy prefiled testimony (McCarthy Test.). The second

hearing (Tr. 2) in this proceeding took place on June 19, 2007 in Chicago. Seven exhibits were

admitted into the record at the first hearing:

Testimony of James McCarthy (Exh. 3)

Hearing Officer Order of May 24, 2007 (Exh.4)

Appendix G: Existing Reciprocating Internal Combustion Engines Affected by NO

Interstate Ozone Transport: Response

to Court Decisions on the NO

SIP Call Technical Amendments, and Section 126 Rules; Final Rule (69 Fed.Reg. 21606-

Alternative Control Techniques Document – NO

Emissions from Stationary

Reciprocating Internal Combustion Engines (USEPA) (Exh. 7)

Technical Support Document for Controlling NO

Emissions from Stationary

Reciprocating Internal Combustion Engines and Turbines (AQPSTR 07-01) (Exh. 8)

Stationary Reciprocating Internal Combustion Engines Technical Support Document for

SIP CALL (October 2003) (Exh. 9)

On the record at the second hearing, the Agency indicated that it did not intend to

introduce any additional material into the record and would have no objection if the Board

cancelled the third hearing in this proceeding, which had been scheduled to begin on July 2,

2007. Tr. 2 at 44-45. A hearing officer order dated June 22, 2007 cancelled the third hearing

and set the statutory 14-day comment period to run from June 21, 2007, to July 5, 2007.

ILCS 5/28.5(l) (2006).

On June 25, 2007, the Agency filed a motion for reconsideration of the Board’s May 17,

2007 order bifurcating the Agency’s original proposal. On July 9, 2007, the Board received the

Pipeline Consortium’s response to the motion for reconsideration. Also on July 9, 2007, the

Board received from IERG a motion to strike and a response to the motion for reconsideration.

Also on July 9, 2007, the Agency filed a motion for leave to supplement and a supplement to its

motion for reconsideration. Specifically, the Agency sought to add as an exhibit to its motion a

document entitled

Report of the Attorney General’s Task Force on Environmental Legal

Resources (1992)

. On the same date, the Agency also filed a motion for waiver of the

requirement that it file an original and nine copies of the supplemental exhibit.

On July 11, 2007, the Agency filed a motion for leave to file a reply by date certain,

which committed to file a reply addressing both responses no later than July 18, 2007. In an

order dated July 12, 2007, the Board granted the Agency leave to reply and directed the Agency

to file that reply no later than July 18, 2007. On July 19, 2007, the Agency filed a motion for

leave to file its consolidated reply

, accompanied by its consolidated reply. On July 23,

2007, the Agency filed a response to IERG’s motion to strike.

In an order dated July 26, 2007, the Board granted the Agency’s motion for leave to

supplement, accepted the supplemental exhibit, and granted the Agency’s motion for waiver of

procedural requirements. Also in the July 26, 2007 order, the Board granted the Agency’s

, denied IERG’s motion to strike the Agency’s motion to reconsider, and

denied the Agency’s motion for reconsideration of the Board’s May 17, 2007 order.

On July 5, 2007, the Board received the Agency’s post- hearing comments (PC 1). Also

on July 5, 2007, the Board received the Pipeline Consortium’s comments (PC 2).

In an order dated August 9, 2007, the Board adopted proposed rules for second-notice

review by the Joint Committee on Administrative Rules (JCAR). At a meeting on September 18,

2007, JCAR issued its certificate of no objection to the proposed rules.

BACKGROUND OF FEDERAL REQUIREMENTS

The Agency stated that it proposed new Subpart Q, as modified by the Board’s May 17,

2007 order, to reduce interstate and intrastate transport of NO

emissions on ozone season and

annual bases by adopting rules reducing NO

emissions from stationary reciprocating internal

combustion engines addressed in the NO

SIP Call Phase II. PC 1 at 1.

The Agency stated that USEPA in 2004 promulgated a rule addressing interstate ozone

transport. Statement at 6, citing 69 Fed. Reg. 21603 (April 21, 2004). The Agency further stated

that this rule responded to the court’s ruling in Michigan v. EPA, 213 F.3d 663 (D.C. Cir. 2000).

The Agency argued that, in its most important provision, the federal rule “sets the control limit

for large natural gas-fired stationary internal combustion engines at 82 percent and for diesel and

dual fuel stationary internal combustion engines at 90 percent.” Statement at 7. The Agency

stated that the federal rule also provided that states required to address the NO

stationary internal combustion engines were required to submit Phase II SIPs by April 1, 2005.

The Agency claimed that, “[i]n November 2005, Illinois and other states received

notification that USEPA had found a failure to submit a SIP addressing the Phase II

requirements.”

., citing Statement, Att. 7.b (letter from USEPA Regional Administrator to

Agency Director). The Agency further claimed that USEPA has “published the findings of

failure to submit Phase II SIPs, but it had not yet published a federal implementation plan for

Phase II or started a Section 179 sanctions clock.” Statement at 7, citing 71 Fed. Reg. 6347

(Feb. 8, 2006):

Tr. 1 at 14-15.

The Pipeline Consortium argued that the NO

SIP Call Phase II merely obligates the state

emissions according to a budget and does not require the state to regulate

emissions from units subject to the proposal. PC 2 at 1, citing 69 Fed. Reg. 21604-05 (April 21,

2004), 63 Fed. Reg. 57356, 57405 (Oct. 27, 1998), Tr. 1 at 15. While the Pipeline Consortium

had objected on this basis to considering the proposal under Section 28.5 of the Act (415 ILCS 5.

28.5 (2006)), the Pipeline Consortium set aside that objection because of the bifurcation of the

rule. PC 2 at 1. The Pipeline Consortium noted that it participated with the Agency in

developing the proposed rules and that it regarded the proposal as consistent with the principles

of the Phase II NO

. at 2. The Pipeline Consortium also noted that it “has been

proactive in complying with the rule even prior to its adoption by the Board.

SUMMARY AND DISCUSSION OF ADOPTED RULES

Part 211: Definitions and General Provisions

The Board adopts new definitions to

Part 211 and also amends an existing definition

under the same Part. The amendments to Part 211 are briefly described below.

Brakehorsepower (rated-bhp) (Section 211.740)

The Board adds a definition of “brakehorsepower (rated – bhp)” at Section 211.740. The

term is used to specify which engines would be subject to the requirements of Subpart Q.

Statement at 16. The Board defines the term as “the rated horsepower capacity of the engine as

defined on the engine nameplate at standard conditions.” PC 1, Att. A at 21;

Diesel Engine (Section 211.1740)

The Board adds a definition of “diesel engine” at Section 211.1740. “Diesel engine” is

defined as, “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.” PC 1, Att. A at 21;

Statement, Exh. 9.b.

Emergency or Standby Unit (Section 211.1920)

The Board adds language to the existing definition of “emergency or standby unit” at

Section 211.1920. Statement at 16-17. Specifically, the adopted amendments clarify that a unit

being used to supplement power capacity is not an emergency or standby unit.

A at 21. Further, the adopted changes clarify “that testing the unit or verifying the unit’s

readiness for use does not disqualify the unit as an emergency or standby unit.” Statement at 17;

PC 1, Att. A at 21.

Lean-burn engine (Section 211.3300)

The Board adds a definition of “lean-burn engine” at Section 211.3300, since that term is

used to specify the control to which affected engines will be subject under the requirements of

Subpart Q. Statement at 17. The Board defines the term as “any spark-ignited engine that is not

a rich-burn engine.” PC 1, Att. A at 21; Statement, Exh. 9.b.

Rich-burn engine (Section 211.5640)

The Board also adds a definition of “rich-burn engine” at Section 211.5640 to specify the

control to which affected engines will be subject under the requirements of Subpart Q.

Statement at 17. The proposal defines the term as “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.” PC 1, Att. A at 22; Statement, Exh. 9.b.

Part 217: Nitrogen Oxides Emissions

Measurement Methods (Section 217.101)

Section 217.101 now provides three methods according to which NO

must be measured.

35 Ill. Adm. Code 217.101. The Board adopts two types of amendments to this provision. First,

the Board strikes references to the dates on which USEPA last updated the specified methods.

Statement at 17;

PC 1, Att. A at 4. The Board also adds cross-references to Section 217.104,

which incorporates these procedures by reference and provides specific dates of the incorporated

procedures. Statement at 17;

PC 1, Att. A at 4. Second, the Board adds a measurement

method for monitoring NO

with portable monitors. Statement at 17;

PC 1, Att. A at 4.

Abbreviations and Units (Section 217.102)

Section 217.102 now provides abbreviations and conversion factors used in Part 217.

35 Ill. Adm. Code 217.102. Originally, the Agency proposed “to add the abbreviations and

conversion factors used in Subpart Q and to correct the alphabetical order of the existing list.”

Statement at 17. The Board sent the proposed changes to first notice on April 19, 2007.

Ill. Reg. 6597, 31 Ill. Reg. 7372.

In its final comments, the Agency noted that the Pipeline Consortium recommended

deleting the last three conversion factors listed in the Agency’s proposal. PC 1 at 5;

Statement, Exh. 9.c. The Agency stated that, on the basis of its own review, it found “that these

conversion factors are not necessary to other Subparts in Part 217 or for use in Subpart Q” and

therefore proposed to delete them.

., Att. A at 4-5. The Agency characterized the

remaining amendments to Section 217.102 as “a necessary part” of its proposal. PC 1 at 5;

Tr. 1 at 9. The Agency specifically requested that this section “be included in the proposal

for adoption.” PC 1 at 5. The Board agreed with the Agency’s characterization and included the

proposed amendments to Section 217.102, as amended in the Agency’s post-hearing comments,

in its second-notice opinion and order.

Incorporation by Reference (Section 217.104)

Section 217.104 now incorporates specified materials by reference.

Code 217.104. The Board first updates various incorporations by reference. Statement at 17;

PC 1, Att. A at 6. The Board also incorporates an ASTM emissions testing method for

portable monitors. Statement at 17;

PC 1, Att. A at 6. Finally, the Board also incorporates

“test methods for NO

emissions from engines and turbines.” Statement at 17;

Applicability (Section 217.386)

For this new section, the Agency originally proposed criteria establishing whether a

stationary reciprocating internal combustion engine or turbine is an affected unit subject to the

requirements of the proposed Subpart Q. Statement at 18; Statement, Exh. 9.c. The Agency

noted, however, that the Board’s May 17, 2007 order bifurcated the original proposal and

narrowed the scope of this rulemaking. PC 1 at 1. The Agency then proposed revised language,

which in its entirety provides that “[a] stationary reciprocating internal combustion engine listed

in Appendix G of this Part is subject to the requirements of this Subpart Q.” PC 1, Att. A at 6-7.

In its second-notice opinion and order, the Board found that the changes proposed by the Agency

to Section 217.386 were appropriate, since the scope of the instant rulemaking is limited to the

engines listed in Appendix G.

Control and Maintenance Requirements (Section 217.388)

First, the Board adopts under subsections (a)(1) and (a)(2) the requirements that an

“owner or operator must limit the discharge from an affected unit into the atmosphere of any

gases that contain NO

” to separate concentration limits for spark-ignited rich-burn engines and

spark-ignited lean-burn engines. PC 1, Att. A at 7.

Second, the Board provides in subsection (b) that “owners and operators be allowed the

option of complying with an emissions averaging plan instead of concentration limits.”

Statement at 18;

PC 1, Att. A at 7; Statement, Exh. 9.c. Emissions averaging plans are

addressed below in Section 217.390.

Third, the Board adopts requirements pertaining to inspection and maintenance. For

units not located at a natural gas transmission compressor station or storage facility, the

inspection and maintenance must be performed according to a plan based in the manufacturer’s

recommendation. PC 1, Att. A at 7. In the event that the original equipment manual is not

available or substantial modifications require an alternate plan, the Board requires that the

inspection and maintenance be performed according to “what is customary for the type of air

pollution control equipment, monitoring device, and affected unit.” PC 1, Att. A at 7. For units

located at a natural gas transmission compressor station or storage facility, owners and operators

follow “the operator’s maintenance procedures for the applicable air pollution control device,

monitoring device, and affected unit.” PC 1, Att. A at 7-8.

Emissions Averaging Plan (Section 217.390)

First, the Board under subsection (a)(1) describes units that commenced operation before

January 1, 2002 that may be included in an emissions averaging plan. PC 1, Att. A at 8. Those

include units located in Illinois so long as the units are owned by the same company or parent

company and are not included in more than one emissions averaging plan.

. Under subsection

(a)(2), the Board describes units that may not be included in an emissions averaging plan.

Ineligible units are “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

Second, the Board under subsection (b) provides requirements for submitting an

emissions averaging plan. PC 1, Att. at 8. An owner or operator must submit a plan by the

applicable compliance date set forth in Section 217.392 below.

. That plan must list

“affected units included in the plan by unit identification number and permit number.”

addition, an owner or operator must demonstrate compliance through a sample calculation using

the methodology provided in subsection (f).

Third, the Board under subsection (c) addresses amendment of emissions averaging

plans. PC 1, Att. A at 8. That provision provides that “[a]n owner or operator may amend an

emissions averaging plan only once per calendar year.”

. It further provides that, “[i]f an

amendment for a calendar year is going to be submitted, it must be submitted no later than May 1

of the applicable year; otherwise, the plan from the previous year will be the applicable plan.”

Statement at 20;

PC 1, Att. A at 8.

Fourth, the Board under subsection (d) requires that, “if an affected unit included in a

plan is sold or taken out of service, the owner or operator, and the buyer, if applicable, must

submit an updated emissions averaging plan within 60 days of the occurrence.” Statement at 20;

PC 1, Att. A at 8-9.

Fifth, the Board under subsection (e) requires an owner or operator to demonstrate

compliance both for the ozone season and for the calendar year. PC 1, Att. A at 9. The Board

also requires that owners and operators must “[n]otify the Agency by October 31 following the

ozone season, if compliance cannot be demonstrated for that ozone season.”

at 20-21. The Board also requires that owners and operators must submit a compliance report by

January 31 following each calendar year. PC 1, Att. A at 9.

Sixth, the Board under subsection (f) establishes the formula for demonstrating

compliance through an emissions averaging plan. PC 1, Att. A at 9-10. Under this provisions,

“[t]he total mass of NO

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

seasons and calendar year.”

Seventh, the Board under subsection (g)(1) establishes the equation for determining

affected units’ actual NO

emissions for each fuel used. PC 1, Att. A at 10. The Board

establishes under subsection (g)(2) the equation for determining affected units’ allowable NO

emissions for each fuel used. PC 1, Att. A at 10-11. In addition, the Board adopts under

subsection (g)(3) “a specific formula for electric replacement units” and under subsection (g)(4)

“a formula for non-electric replacement units.” Statement at 21;

PC 1, Att. A at 11-12.

The Board adopts under subsection (g)(5) “a formula for units that have been replaced

through the purchase of power.” Statement at 21;

PC 1, Att. A at 12. This subsection also

provides that “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.” PC 1, Att. A at 12.

Finally, the Board adopts under subsection (g)(6) a formula for units that are not listed in

Appendix G but are used in an emissions averaging plan.

Eighth, the Board adopts under

subsection (h) “conditions for units using

C[ontinuous] E[missions] M[onitoring] S[ystem] in lieu of stack testing an portable monitoring.”

Statement at 21;

PC 1, Att. A at 12-13. Subsections (h)(1) and (h)(2) address actual NO

emissions and allowable NO

emissions, respectively. PC 1, Att. A at 13.

Compliance (Section 217.392)

The Agency’s initial filing on April 6, 2007 proposed a compliance date of May 1, 2007.

Statement, Exh. 9.c. In its post-hearing comment, the Agency noted that

[t]he compliance date initially proposed by the Illinois EPA has passed. If the

Board adopted that initially proposed date, it would result in a retroactive

compliance date; hence, the Illinois EPA is recommending a new compliance date

of January 1, 2008. PC 1 at 8; PC 1, Att. A at 13; Kaleel Test. at 4.

Consequently, the Board proposed that, on and after January 1, 2008, “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.” PC 1, Att. A at 13.

Testing and Monitoring (Section 217.394)

Generally, subsection (a) establishes requirements regarding initial performance testing.

PC 1, Att. A at 13-14. Subsection (a)(1) requires that engines listed in Appendix G must

undergo an initial performance test.

. at 13. The subsection further provides that these

“[p]erformance tests must be conducted on units listed in Appendix G, even if the unit is

included in an emissions averaging plan.”

Subsection (a)(2) provides, with regard to units that are not affected units but are

included in an emissions averaging plan and operate more than 876 hours per calendar year, that

this testing must occur within the first 876 hours of operation per calendar year.

Subsection (a)(3) requires, with regard to “units that are not affected units that are included in an

emissions averaging plan and that operate fewer than 876 hours per calendar year” must undergo

testing once within the five-year period after the compliance date.

Generally, subsection (b) establishes requirements regarding subsequent testing.

1, Att. A at14. Subsection (b)(1) provides, with regard to units either listed in Appendix G or

included in an emissions averaging plan, that that they must undergo testing once every five

. The subsection further provides that “[t]esting must be performed in the calendar year

by May 1 or within 60 days of starting operation, whichever is later.”

. Subsection (b)(2)

provides that an owner or operator must notify the Agency within 30 days if monitored data

shows that the unit does not comply with the applicable emissions concentration limit or

emissions averaging plan.

. The subsection also requires the owner or operator to conduct a

performance test “within 90 days of the determination of noncompliance.”

subsection (b)(3) provides that, when the Agency or USEPA form the opinion that testing is

necessary to demonstrate compliance, the

owner or operator must conduct that testing at

his or her own expense within 90 days of receiving a notice to test from the Agency or USEPA.

Generally, subsection (c) establishes testing procedures.

PC 1, Att. A at 14.

Subsection (c)(1) provides that owners and operators of engines must conduct testing “using

Method 7 or 7E of 40 C.F.R. 60, Appendix A, as incorporated by reference in Section 217.104.”

. The subsection further provides that tests must include three separate runs with a duration of

at least 60 minutes each.

. The subsection further provides that “NO

emissions must be

measured while the affected unit is operating at peak load.”

. Finally, the subsection provides,

with regard to units that combust more than one type of fuel, that separate performance tests are

required for each of those fuels.

. Subsection (c)(2) provides that owners and operators of

turbines included in an emissions averaging plan must perform testing according to the

provisions of 40 C.F.R. 60.4400, incorporated by reference in Section 217.104.

Generally, subsection (d) establishes monitoring procedures.

PC 1, Att. A. at 15.

The subsection provides that owners and operators of affected units or units included in an

emissions averaging plan must monitor NO

concentrations annually, except for years in which a

performance test is conducted.

. For units that operate less than 876 hours per calendar year,

the subsection requires this monitoring at least once every five years.

. Subsection (d)(1)

requires that this monitoring be performed using method ASTM D6522-00, as incorporated by

reference in Section 217.104, or a method approved by the Agency.

. The subsection further

requires that, “[i]f the unit combusts both liquid or gaseous fuels as primary or backup fuels,

separate monitoring is required for each fuel.”

. Subsection (d)(2) requires that

“[m]easurements of NO

concentrations must be taken three times for a duration of at

least 20 minutes while the unit is operating at the highest achievable load.” Statement at 23;

PC 1, Att. A at 15.

Generally, subsection (e) addresses a continuous emissions monitoring system (CEMS).

The subsection provides that units equipped with a CEMS meeting specified requirements are

not required to meet the compliance testing and monitoring requirements of this section. PC 1,

Att. A at 15. The subsection requires demonstrating compliance on an ozone season and on an

Recordkeeping and Reporting (Section 217.396)

Subsection (a) establishes requirements regarding recordkeeping.

PC 1, Att. A at 15-

16. The owner or operator of a unit listed in Appendix G or included in an emissions averaging

plan must maintain records that demonstrate compliance with the requirements of Subpart Q.

at 15. These records include, but are not limited to, data such as hours of operation, test results,

and logs of inspections and maintenance.

Subsection (b) provides that an owner or operator of an affected unit or a unit included in

an emissions averaging plan must maintain the records required by subsection (a) for five years.

PC 1, Att. A at 16. The subsection also

provides that “[t]he records must be made

available to the Agency and USEPA upon request.”

Subsection (c) provides deadlines by which an owner or operator must provide to the

Agency notification of testing, a testing protocol, test results, monitored exceedences of the

concentration, and permanent shutdowns. PC 1, Att. A at 16-17. The subsection

also provides deadlines by which an owner or operator must provide notification that he or she

cannot demonstrate compliance for the ozone season and submit a compliance plan containing

specified data.

. at 17-18. The subsection also provides that, if an owner or operator operates

a CEMS, he or she is required to submit an excess emissions and monitoring systems

performance report according to federal requirements.

The existing units subject to this rulemaking are specifically listed in Appendix G. The

Agency stated that, “[i]n Appendix G, Illinois EPA is proposing to add a list of the NO

engines based on how the unit is listed in the most recent permit issued or construction permit

application submitted.” Statement at 24;

PC 1, Att. A at 19-20.

TECHNICAL FEASIBILITY AND ECONOMIC REASONABLENESS

The Board requested that DCEO conduct an economic impact study (EcIS) on this rule.

DCEO responded that, based upon its review of the request and in light of its continued financial

constraints, it had determined not to conduct a study of the economic impact of the proposal.

In its second-notice opinion and order, the Board found that the proposed regulations

were technically feasible and economically reasonable. The Board noted that both combustion

and post-combustion controls are available for reducing NO

emissions from reciprocating

internal combustion engines. The Board also found that the affected sources can comply with

emission reductions at a reasonable cost. The record indicated that some of the affected

sources have already initiated projects to install emission controls to educe NO

Finally, the Board noted that the rules provide compliance flexibility by allowing emissions

averaging and the discretion to choose the most effective control technology.

The Board adopts the proposed new Subpart Q and related provisions for final notice

pursuant to the IAPA (5 ILCS 100 5/5

415 ILCS 5/28.5(p) (2006). The

adopted regulations control NO

emissions from stationary internal combustion engines affected

SIP Call Phase II. The Board finds the final rule is economically reasonable and

technically feasible.

The Board directs the Clerk to cause

the filing of the following rule with the

Secretary of State for publication as an adopted rule in the

Illinois Register

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE B: AIR POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS FOR

STATIONARY SOURCES

DEFINITIONS AND GENERAL PROVISIONS

SUBPART A: GENERAL PROVISIONS

Incorporations by Reference

Abbreviations and Conversion Factors

SUBPART B: DEFINITIONS

Other Definitions

Definitions (Repealed)

Actual Heat Input

Adhesion Promoter

Aerosol Can Filling Line

Air Contaminant

Air Dried Coatings

Air Oxidation Process

Air Pollution Control Equipment

Air Suspension Coater/Dryer

Air Assisted Airless Spray

Animal Pathological Waste

Annual Grain Through-Put

Anti-Glare/Safety Coating

Application Area

Architectural Coating

As-Applied Fountain Solution

Asphalt Prime Coat

Automobile or Light-Duty Truck Assembly Source or Automobile or Light-Duty

Truck Manufacturing Plant

Automobile or Light-Duty Truck Refinishing

Automotive/Transportation Plastic Parts

Basecoat/Clearcoat System

Batch Operation

Batch Process Train

Brakehorsepower (rated-bhp)

British Thermal Unit

Brush or Wipe Coating

Bulk Gasoline Plant

Bulk Gasoline Terminal

Business Machine Plastic Parts

Can Coating Line

Capture Efficiency

Carbon Adsorber

Certified Investigation

Chemical Manufacturing Process Unit

Cleaning and Separating Operation

Cleaning Materials

Closed Purge System

Closed Vent System

Coating Applicator

Coil Coating Line

Combined Cycle System

Combustion Turbine

Commence Commercial Operation

Commence Operation

Complete Combustion

Concrete Curing Compounds

Concentrated Nitric Acid Manufacturing Process

Condensible PM-10

Continuous Automatic Stoking

Continuous Coater

Continuous Process

Control Device Efficiency

Conventional Air Spray

Conventional Soybean Crushing Source

Conveyorized Degreasing

Crude Oil Gathering

Custody Transfer

Cutback Asphalt

Daily-Weighted Average VOM Content

Delivery Vessel

Distillate Fuel Oil

Distillation Unit

Dry Cleaning Operation or Dry

Cleaning Facility

Effective Grate Area

Effluent Water Separator

Elastomeric Materials

Electromagnetic Interference/Radio Frequency Interference (EMI/RFI) Shielding

Electronic Component

Electrostatic Bell or Disc Spray

Electrostatic Prep Coat

Electrostatic Spray

Emergency or Standby Unit

End Sealing Compound Coat

Enhanced Under-the-Cup Fill

Ethanol Blend Gasoline

Excess Emissions

Excessive Release

Existing Grain-Drying Operation (Repealed)

Existing Grain-Handling Operation (Repealed)

Exterior Base Coat

Exterior End Coat

External Floating Roof

Extreme Performance Coating

Fabric Coating Line

Federally Enforceable Limitations and Conditions

Fermentation Time

Final Repair Coat

Fixed-Roof Tank

Flexible Coating

Flexible Operation Unit

Flexographic Printing

Flexographic Printing Line

Fossil Fuel-Fired

Fountain Solution

Freeboard Height

Fuel Combustion Emission Unit or Fuel Combustion Emission Source

Fugitive Particulate Matter

Full Operating Flowrate

Gasoline Dispensing Operation or Gasoline Dispensing Facility

Grain-Drying Operation

Grain-Handling and Conditioning Operation

Grain-Handling Operation

Green-Tire Spraying

Gross Heating Value

Gross Vehicle Weight Rating

Heated Airless Spray

Heat Input Rate

Heatset Web Offset Lithographic Printing Line

Heavy Off-Highway Vehicle Products

Heavy Off-Highway Vehicle Products Coating

Heavy Off-Highway Vehicle Products Coating Line

High Temperature Aluminum Coating

High Volume Low Pressure (HVLP) Spray

Housekeeping Practices

Indirect Heat Transfer

In-Process Tank

In-Situ Sampling Systems

Interior Body Spray Coat

Internal-Floating Roof

Internal Transferring Area

Large Appliance

Large Appliance Coating

Large Appliance Coating Line

Lean-Burn Engine

Light-Duty Truck

Liquid/Gas Method

Liquid-Mounted Seal

Liquids Dripping

Lithographic Printing Line

Low Solvent Coating

Lubricating Oil

Magnet Wire Coating

Magnet Wire Coating Line

Major Metropolitan Area (MMA)

Major Population Area (MPA)

Manually Operated Equipment

Manufacturing Process

Marine Terminal

Material Recovery Section

Maximum Theoretical Emissions

Maximum True Vapor Pressure

Metal Furniture

Metal Furniture Coating

Metal Furniture Coating Line

Metallic Shoe-Type Seal

Mid-Kiln Firing

Miscellaneous Fabricated Product Manufacturing Process

Miscellaneous Formulation Manufacturing Process

Miscellaneous Metal Parts and Products

Miscellaneous Metal Parts and Products Coating

Miscellaneous Metal Parts or Products Coating Line

Miscellaneous Organic Chemical Manufacturing Process

Mixing Operation

Mobile Equipment

Motor Vehicle Refinishing

Multiple Package Coating

Nameplate Capacity

New Grain-Drying Operation (Repealed)

New Grain-Handling Operation (Repealed)

No Detectable Volatile Organic Material Emissions

Non-Contact Process Water Cooling Tower

Non-Flexible Coating

NOx Trading Program

One Hundred Percent Acid

One-Turn Storage Space

Open Top Vapor Degreasing

Open-Ended Valve

Operator of a Gasoline Dispensing Operation or Operator of a Gasoline Dispensing

Organic Compound

Organic Material and Organic Materials

Organic Solvent

Overall Control

Owner of a Gasoline Dispensing Operation or Owner of a Gasoline Dispensing

Owner or Operator

Packaging Rotogravure Printing

Packaging Rotogravure Printing Line

Paint Manufacturing Source or Paint Manufacturing Plant

Paper Coating Line

Particulate Matter

Parts Per Million (Volume) or PPM (Vol)

Petroleum Liquid

Petroleum Refinery

Pharmaceutical Coating Operation

Photochemically Reactive Material

Pigmented Coatings

Pneumatic Rubber Tire Manufacture

Polybasic Organic Acid Partial Oxidation Manufacturing Process

Polyester Resin Material(s)

Polyester Resin Products Manufacturing Process

Polystyrene Plant

Polystyrene Resin

Portable Grain-Handling Equipment

Portland Cement Manufacturing Process Emission Source

Portland Cement Process or Portland Cement Manufacturing Plant

Potential Electrical Output Capacity

Potential to Emit

Power Driven Fastener Coating

Preheater/Precalciner Kiln

Pressure Release

Pressure/Vacuum Relief Valve

Pretreatment Wash Primer

Primary Product

Primer Surfacer Coat

Primer Surfacer Operation

Process Emission Source

Process Emission Unit

Process Unit Shutdown

Process Weight Rate

Production Equipment Exhaust System

Publication Rotogravure Printing Line

Purged Process Fluid

Rated Heat Input Capacity

Reasonably Available Control Technology (RACT)

Reclamation System

Refinery Fuel Gas

Refinery Fuel Gas System

Refinery Unit or Refinery Process Unit

Reflective Argent Coating

Refrigerated Condenser

Regulated Air Pollutant

Reid Vapor Pressure

Residual Fuel Oil

Restricted Area

Rich-Burn Engine

Ringelmann Chart

Rotogravure Printing

Rotogravure Printing Line

Safety Relief Valve

Sanding Sealers

Screen Printing on Paper

Semi-Transparent Stains

Set of Safety Relief Valves

Side-Seam Spray Coat

Single Unit Operation

Smokeless Flare

Solvent Cleaning

Solvent Recovery System

Specialty Coatings

Specialty Coatings for Motor Vehicles

Specialty High Gloss Catalyzed Coating

Specialty Leather

Specialty Soybean Crushing Source

Standard Conditions

Standard Cubic Foot (scf)

Stationary Emission Source

Stationary Emission Unit

Stationary Gas Turbine

Stationary Reciprocating Internal Combustion Engine

Stationary Source

Stationary Storage Tank

Storage Tank or Storage Vessel

Strippable Spray Booth Coating

Styrene Devolatilizer Unit

Styrene Recovery Unit

Submerged Loading Pipe

Sulfuric Acid Mist

Surface Condenser

Surface Preparation Materials

Synthetic Organic Chemical or Polymer Manufacturing Plant

Tablet Coating Operation

Thirty-Day Rolling Average

Three-Piece Can

Three or Four Stage Coating System

Through-the-Valve Fill

Topcoat Operation

Touch-Up Coating

Transfer Efficiency

Tread End Cementing

True Vapor Pressure

Under-the-Cup Fill

Undertread Cementing

Uniform Finish Blender

Unregulated Safety Relief Valve

Vacuum Metallizing

Vacuum Producing System

Valves Not Externally Regulated

Vapor Balance System

Vapor Collection System

Vapor Control System

Vapor-Mounted Primary Seal

Vapor Recovery System

Vapor-Suppressed Polyester Resin

Vinyl Coating Line

Volatile Organic Liquid (VOL)

Volatile Organic Material Content (VOMC)

Volatile Organic Material (VOM) or Volatile Organic Compound (VOC)

Volatile Petroleum Liquid

Washoff Operations

Wastewater (Oil/Water) Separator

Weak Nitric Acid Manufacturing Process

Wholesale Purchase - Consumer

Wood Furniture Coating

Wood Furniture Coating Line

Yeast Percentage

Rule into Section Table

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. 108, effective

December 26, 2000; amended in R01-11 at 25 Ill. Reg. 4582, 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 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 or “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” 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 a stationary reciprocating

internal combustion engine, a unit that:

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 or 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.;

Operates exclusively for firefighting or flood control or both.; or

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

disaster or state of emergency.

Operates for the purpose of testing, repair or routine maintenance to verify its

readiness for emergency or 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 ______________)

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: EMISSION

STANDARDS AND LIMITATIONS

FOR STATIONARY SOURCES

NITROGEN OXIDES EMISSIONS

SUBPART A: GENERAL PROVISIONS

Scope and Organization

Measurement Methods

Abbreviations and Units

Incorporations by Reference

SUBPART B: NEW FUEL COMBUSTION EMISSION SOURCES

New Emission Sources

SUBPART C: EXISTING FUEL COMBUSTION EMISSION SOURCES

Existing Emission Sources in Major Metropolitan Areas

SUBPART K: PROCESS EMISSION SOURCES

Industrial Processes

SUBPART O: CHEMICAL MANUFACTURE

Nitric Acid Manufacturing Processes

SUBPART Q: STATIONARY RECIPROCATING INTERNAL COMBUSTION

ENGINES AND TURBINES

Control and Maintenance Requirements

Emissions Averaging Plans

Testing and Monitoring

Recordkeeping and Reporting

SUBPART T: CEMENT KILNS

Control Requirements

CONTROL AND TRADING PROGRAM FOR

GENERATING UNITS

Compliance Requirements

Permitting Requirements

Methodology for Obtaining NO

Methodology for Determining NO

Allowances from the New Source Set-Aside

Allocations Procedure for Subpart U Budget Units

New Source Set-Asides for “New” Budget Units

Early Reduction Credits (ERCs) for Budget Units

Low-Emitter Requirements

Opt-In Budget Units: Withdrawal from NO

Trading Program

Opt-In Units: Change in Regulatory Status

Allowance Allocations to Opt-In Budget Units

SUBPART V: ELECTRIC POWER GENERATION

Lake of Egypt Power Plant

Emission Limitations

Reporting and Recordkeeping

TRADING PROGRAM FOR ELECTRICAL

GENERATING UNITS

Compliance Requirements

Permitting Requirements

Methodology for Calculating NO

Allocations for Budget Electrical

Generating Units (EGUs)

Allocations for Budget EGUs

New Source Set-Asides for “New” Budget EGUs

Early Reduction Credits for Budget EGUs

Budget Opt-In Units: Withdrawal from NO

Trading Program

Opt-In Units: Change in Regulatory Status

Allowance Allocations to Budget Opt-In Units

SUBPART X: VOLUNTARY NO

EMISSIONS REDUCTION PROGRAM

Emission Unit Eligibility

Participation Requirements

Emission Reductions and the Subpart X NO

Baseline Emissions Determination

Calculation of Creditable NO

Emission Reductions

Limitations on NO

Emission Reductions

Emission Reduction Proposal

Emissions Determination Methods

Emissions Monitoring

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

Existing Reciprocating Internal Combustion Engines Affected by the NO

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:

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

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

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

reference in Section 217.104(1999); and

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).

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

by reference in Section 217.104; and

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

pursuant to 40 CFR 60.4400, as incorporated by reference in

Section 217.104.

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

Section 217.102

Abbreviations and Units

The following abbreviations are used in this Part:

American Society for Testing and Materials

British thermal unit (60

brake horsepower

continuous emissions monitoring system

Electrical Generating Unit

dry standard cubic feet

grams per brake horsepower-hour

megawatt-hour, usually used as an hourly

Nitrogen Oxides

lbs/mmBbtu pounds per million Bbtu, usually used as an hourly emission rate

megagram or metric tonne

million British thermal units

million British thermal units per hour

megawatt of electricity

megawatt; one million watts

Allowance Tracking System

nitrogen dioxide

nitrogen oxides

pounds per square inch absolute

potential electrical output capacity

potential to emit

parts per million

parts per million by volume

The following conversion factors have been used in this Part:

1 lb/mmBbtu 1.548 kg/MW-hr

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

Section 217.104

Incorporations by Reference

The following materials are incorporated by reference. These incorporations do not include any

later amendments or editions.

The phenol disulfonic acid proceduresmethod, as published in 40 CFR 60,

Appendix A, Method 7 (2000)(1999)

40 CFR 96, subparts B, D, G, and H (1999);

40 CFR §§ 96.1 through 96.3, 96.5 through 96.7, 96.50 through 96.54, 96.55 (a)

& (b), 96.56 and 96.57 (1999);

40 CFR 60, 72, 75 & 76 (2006)(1999);

Alternative Control Techniques Document---- NO

Emissions from Cement

Manufacturing, EPA-453/R-94-004, U. S. Environmental Protection Agency-

Office of Air Quality Planning and Standards, Research Triangle Park, N.C.

27711, March 1994;

Section 11.6, Portland Cement Manufacturing, AP-42 Compilation of Air

Emission Factors, Volume 1: Stationary Point and Area Sources, U.S.

Environmental Protection Agency-Office of Air Quality Planning and Standards,

Research Triangle Park, N. C. 27711, revised January 1995;

40 CFR § 60.13 (2001)(1999); and

40 CFR 60, Appendix A, Methods 3A, 7, 7A, 7C, 7D, and 7E, 19, and 20

ASTM D6522-00, Standard Test Method for Determination of Nitrogen Oxides,

Carbon Monoxide, and Oxygen Concentrations in Emissions from Natural Gas-

Fired Reciprocating Engines, Combustion Turbines, Boilers, and Process Heaters

Using Portable Analyzers (2000);

Standards of Performance for Stationary Combustion Turbines, 40 CFR 60,

Subpart KKKK, 60.4400 (2006); and

Compilation of Air Pollutant Emission Factors: AP-42, Volume I: Stationary

Point and Area Sources (2000), USEPA.

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

SUBPART Q: STATIONARY RECIPROCATING INTERNAL COMBUSTION ENGINES

Section 217.386

A stationary reciprocating internal combustion engine listed in Appendix G of this Part is subject

to the requirements of this Subpart Q.

(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 concentration as set forth in subsection

(a) of this Section, or the requirements for an emissions averaging plan as specified in subsection

(b) of this Section.

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 ppmv (corrected to 15 percent O

on a dry basis) for spark-ignited

rich-burn engines;

210 ppmv (corrected to 15 percent O

on a dry basis) for spark-ignited

lean-burn engines

The owner or operator must comply with the requirements of the applicable

emissions averaging plan as set forth in Section 217.390.

The owner or operator must inspect and perform periodic maintenance on the

affected unit, in accordance with a Maintenance Plan that documents:

For a unit not located at natural gas transmission compressor station or

storage facility either:

The manufacturer’s recommended inspection and maintenance of

the applicable air pollution control equipment, monitoring device,

and affected unit; or

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.

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

An owner or operator of certain affected units may comply through an emissions

averaging plan.

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.

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(dc)(3) before the replacement unit may be

included in an emissions averaging plan.

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:

The list of affected units included in the plan by unit identification number

and permit number.

A sample calculation demonstrating compliance using the methodology

provided in subsection (f) of this Section for both the ozone season and

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.

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.

An owner or operator must:

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), (c), or

(d) 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;

Notify the Agency by October 31 following the ozone season, if

compliance cannot be demonstrated for that ozone season; and

Submit to the Agency by January 31 following each calendar year, a

compliance report containing the information required by Section

The total mass of actual NO

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:

Total 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).

Total sum of the allowable NO

mass emissions from units

included in the averaging plan for each fuel used (lbs

per ozone season and calendar year).

Total mass of allowable NO

emissions in lbs for a unit as

determined in subsection (g)(2) or (h)(2) of this

Total mass of actual NO

emissions in lbs for a unit as

determined in subsection (g)(1) or (h)(1) of

Subscript denoting an individual unit and fuel used.

Number of different units in the averaging plan.

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:

Actual emissions must be determined as follows:

Allowable emissions must be determined as follows:

Total mass of actual NO

emissions in lbs for a unit, except

as provided for in subsections (g)(3) and (g)(5) of this

Total mass of allowable NO

emissions in lbs for a unit,

except as provided for in subsection (g)(3) of this Section.

emission rate (lbs/mmBtu) calculated

according to the above equation.

emission rate (lbs/mmBtu) calculated

according to the above equation.

Heat input (mmBtu/ozone season or mmBtu/year)

calculated from fuel flow meter and the heating value of

Actual concentration of NO

in lb/dscf (ppmv x 1.194 x

) 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.

Allowable concentration of NO

in lb/dscf (allowable

limit in ppmv specified in Section 217.388(a),

except as provided for in subsection (g)(4), (g)(5), or (g)(6)

of this Section, if applicable.

multiplied by 1.194 x 10

) on a dry basis for the fuel used.

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

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%O

18.7 would be used.

Subscript denoting an individual unit and the fuel used.

Subscript denoting each test run or monitoring pass for an

affected unit for a given fuel.

The number of test runs or monitoring passes for an

affected unit using a given fuel.

For a replacement unit that is electric-powered, the allowable NO

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

) are zero. Allowable NO

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. The allowable mass of

emissions from an electric-powered replacement unit (EM

must be determined by multiplying the nameplate capacity of the unit by

the hours operated during the ozone season or annually and the allowable

emission rate of the replaced unit (E

) in lb/mmBtu converted to

lb/bhp-hr. For this calculation the following equation should be used:

= bhp x OP x F x E

Mass of allowable NO

emissions from the electric-

powered replacement unit in pounds per ozone season or

Nameplate capacity of the electric-powered

replacement unit in brake-horsepower.

Operating hours during the ozone season or calendar year.

Conversion factor of 0.0077 mmBtu/bhp-hr.

emission rate (lbs/mmBtu) of the replaced

Subscript denoting an individual electric unit and the fuel

For a replacement unit that is not electric, the allowable NO

rate used in the above equations set forth in subsection (g)(2) of this

Section must be the higher of the actual NO

emissions as determined by

testing or monitoring data or the applicable uncontrolled NO

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.

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

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

emissions for the units replaced by purchased power (EM

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.

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 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 Areas Sources, as incorporated by

reference in Section 217.104).

For units that use CEMS the data must show that the total mass of actual NO

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.

The total mass of actual NO

emissions in lbs for a unit (EM

the sum of the total mass of actual NO

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 allowable NO

emissions must be determined as follows:

Total mass of allowable NO

emissions in lbs for a unit.

Stack flow (dscf/hr) for a given stack.

Allowable concentration of NO

(ppmv) specified in

Section 217.388(a) of this subpart for a given stack. (1.194

) converts to lb/dscf).

subscript denoting each hour operation of a given unit.

Total number of hours of operation of a unit.

Subscript denoting an individual unit and the fuel used.

(Source: Added at 31 Ill. Reg. _______________, effective __________________.)

Section 217.392

On and after January 1, 2008, 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.

(Source: Added at 31 Ill. Reg. _______________, effective __________________.)

Section 217.394

Testing and Monitoring

An owner or operator must conduct an initial performance test pursuant to

subsection (c)(1) or (c)(2) of this Section as follows:

By January 1, 2008, 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

Within the first 876 hours of operation per calendar year. Performance

tests must be conducted on units that are not affected units that are

included in an emissions averaging plan and operate more than 876 hours

per calendar year.

Once within the five-year period after the applicable compliance date as

set forth in Section 217.392. Performance tests must be conducted on

units that are not affected units that are included in an emissions averaging

plan and that operate fewer than 876 hours per calendar year.

An owner or operator must conduct subsequent performance tests pursuant to

subsection (c)(1) or (c)(2) of this Section as follows:

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 after starting

operation, whichever is later;

If the monitored data shows that the unit is not in compliance with the

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

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 within 90 days after receipt of a notice to test from the

Agency or USEPA.

Testing Procedures:

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

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.

For a turbine included in an emissions averaging plan: The owner or

operator must conduct a performance test using the applicable procedures

and methods in 40 CFR 60.4400, as incorporated by reference in Section

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

monitor 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

and gaseous fuels as primary or backup fuels, separate monitoring is

required for each fuel.

concentrations 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

the applicable emissions concentration or emissions averaging plan as

specified in Section 217.388.

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

(Source: Added at 31 Ill. Reg. _______________, effective __________________.)

Section 217.396

Recordkeeping and Reporting

Recordkeeping. The owner or operator of an Appendix G unit or a unit included

in an emissions averaging plan must maintain records that demonstrate

compliance with the requirements of this Subpart Q which include, but are not

Identification, type (e.g., lean-burn, gas-fired), and location of each unit.

Calendar date of the record.

The number of hours the unit operated on a monthly basis, and during

each ozone season.

Type and quantity of the fuel used on a daily basis.

The results of all monitoring performed on the unit and reported

The results of all tests performed on the unit.

The plan for performing inspection and maintenance of the units, air

pollution control equipment, and the applicable monitoring device

pursuant to Section 217.388(dc).

A log of inspections and maintenance performed on the unit’s air

emissions, monitoring device, and air pollution control device. These

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).

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.

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.

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.

Reporting Requirements

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 (b) and:

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

rescheduled date of the performance test, or by

arranging a new test date with the Agency by mutual agreement;

Provide a testing protocol to the Agency 60 days prior to testing;

Not later than 30 days after the completion of the test, submit the

results of the test to the Agency.

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 applicable NO

concentration from Section 217.388(a)

or (b) within 30 days after performing the monitoring.

Within 90 days after 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.

If demonstrating compliance through an emissions averaging plan:

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

By January 30 following the applicable calendar year, the owner or

operator must submit to the Agency a report that demonstrates the

For all units that are part of the emissions averaging plan,

the total mass of allowable NO

emissions for the ozone

season and for the annual control period;

The total mass of actual NO

emissions for the ozone

season and annual control period for each unit included in

the averaging plan;

The calculations that demonstrate that the total mass of

emissions are less than the total mass of

emissions using equations in Sections

217.390(f) and (g); and

information required to determine the total

mass of actual NO

emissions and the calculations

performed in subsection (d)(4)(B)(iii) of this Section.

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 31 Ill. Reg. _______________, effective __________________.)

Section 217.APPENDIX G: Existing Reciprocating Internal Combustion Engines Affected by

ANR Pipeline Co. – Sandwich

Natural Gas Pipeline Co. of America 8310

Natural Gas Pipeline Co. of America Sta 110

Northern Illinois Gas Co. - Stor Sta 359

Panhandle Eastern Pipe Line Co.-Glenarm

Panhandle Eastern Pipeline - Tuscola St

Panhandle Eastern Pipeline Co.

Panhandle Eastern Pipeline Co.-Glenarm

Phoenix Chemical Co.

(Source: Added at 31 Ill. Reg. _______________, effective __________________.)

IT IS SO ORDERED.

Section 41(a) of the Environmental Protection Act provides that final Board orders may

be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the

order. 415 ILCS 5/41(a) (2006);

35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.

Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois

Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The

Board’s procedural rules provide that motions for the Board to reconsider or modify its final

orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code

35 Ill. Adm. Code 101.902, 102.700, 102.702.

I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that

the Board adopted the above opinion and order on September 20, 2007, by a vote of 4-0.

___________________________________

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board