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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
AMENDMENTS TO 35 ILL. ADM. CODE 217,
NITROGEN OXIDES EMISSIONS,
AND 35 ILL. ADM. CODE 211
A RECEIVED
R08- \ \
CLERKS OFFICE
(Rulemaking – Air)MAY
A
u u
n
2008
STATE
OF
ILLINOIS
Pollution Control
Board
TABLE OF CONTENTS OF REGULATORY SUBMITTAL
1.
Notice of Filing
2.
Appearances of Gina Roccaforte, Assistant Counsel, and Dana Vetterhoffer,
Assistant Counsel, for the Illinois Environmental Protection Agency
3.
Statement of Submittal by Director Douglas P. Scott
4.
Certificate of Origination
5.
Motion for Waiver of Copy Requirements
6.
Statement of Reasons
7.
Proposed Amendments to 35 Ill. Adm. Code 211 and 217
8.
Technical Support Document for Control of Nitrogen Oxide Emissions from
Industrial, Commercial, and Institutional (ICI) Boilers and Small Electric
Generating Unit (EGU) Boilers, Process Heaters, Cement Kilns, Lime Kilns,
Reheat, Annealing, and Galvanizing Furnaces used at Iron and Steel Plants,
Glass Melting Furnaces, and Aluminum Melting Furnaces,
AQPSTR 07-02,
March 2008, Prepared by Andover Technology Partners and the Illinois EPA
9.
Attachments to Technical Support Document (See Attachment A to Motion for
Waiver of Copy Requirements)
10.
Incorporations by Reference
11.
Certificate of Service
12.
Disk in Microsoft WORD containing Proposed Amendments to Parts 211 and 217
(RULE-211.doc and RULE-217.doc)

 
Flecuiv=u
CLERK'S OFFICE
MAY 0 9 2008
STATE
OF ILLINOIS
BEFORE THE ILLINOIS POLLUTION CONTROMWARControl Board
IN THE MATTER OF:
AMENDMENTS TO 35 ILL. ADM. CODE 217,
NITROGEN OXIDES EMISSIONS,
AND 35 ILL. ADM. CODE 211
R08- 1
(Rulemaking – Air)
NOTICE
TO: John Therriault
?
Matthew Dunn
Assistant Clerk?
Chief
Illinois Pollution Control Board
?
Division of Environmental Enforcement
James R. Thompson Center
?
Office of the Attorney General
100 West Randolph St., Suite 11-500
?
69 W. Washington St., Suite 1800
Chicago, IL 60601-3218
?
Chicago, IL 60602
Virginia Yang
Deputy Counsel
Illinois Department of Natural Resources
One Natural Resources Way
Springfield, IL 62702
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the Illinois
Pollution Control Board the
RULEMAKING PROPOSAL entitled "AMENDMENTS TO 35 ILL.
ADM. CODE 217, NITROGEN OXIDES EMISSIONS, AND 35 ILL. ADM. CODE 211," MOTION
FOR WAIVER OF COPY REQUIREMENTS, AND APPEARANCES
of the Illinois Environmental
Protection Agency, a copy of which is herewith served upon you.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
Gina Roccaforte
Assistant Counsel
Division of Legal Counsel
DATED: May 8, 2008
1021 North Grand Avenue East
P. 0. Box 19276
Springfield, IL 62794-9276
?
THIS FILING IS SUBMITTED
217/782-5544
?
ON RECYCLED PAPER

 
RECEIVED
C
LERK'S OFFICE
MAY 0 9 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDPollution
STATE
Control
OF ILLINOIS
Board
IN THE MATTER OF:
R08- 11
AMENDMENTS TO 35 ILL. ADM. CODE 217,
(Rulemaking — Air)
NITROGEN OXIDES EMISSIONS,
AND 35 ILL. ADM. CODE 211
APPEARANCE
The undersigned hereby enters her appearance as an attorney on behalf of the
Illinois Environmental Protection Agency.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
Gina Roccaforte
Assistant Counsel
Division of Legal Counsel
DATED: May 8, 2008
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544

 
Ft CEIVED
CLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY 0 9
2008
Pollution
S
TATE
OF
Control
ILL
INOIS
Bo
ard
AMENDMENTS TO 35 ILL. ADM. CODE 217,
IN THE MATTER OF:
R08- 19
(Rulemaking – Air)
NITROGEN OXIDES EMISSIONS,
AND 35 ILL. ADM. CODE 211
APPEARANCE
The undersigned hereby enters her appearance as an attorney on behalf of the
Illinois Environmental Protection Agency.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Dana Vetterhoffer
Assistant Counsel
Division of Legal Counsel
DATED: May 8, 2008
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
B

 
By:
Douglas Scott
Director
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
?
-ERK
CE
S
OFFICE
IV
ED
IN THE MATTER OF:
AMENDMENTS TO 35 ILL. ADM. CODE 217,
NITROGEN OXIDES EMISSIONS,
AND 35 ILL. ADM. CODE 211
MAY 0 9 2008
STATE OF ILLINOIS
Control Board
R08- 19
(RulemakinNikt19)1
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
PROPOSAL OF REGULATIONS
The Illinois Environmental Protection Agency moves that the Illinois Pollution Control
Board adopt the attached regulations.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
DATED: May
8, 2008
1021 North Grand Avenue East
P. 0. Box 19276
Springfield, IL 62794-9276
217/782-5544

 
RECEIVED
CLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY 0
9 2008
IN THE MATTER OF:
STATE OF ILLINOIS
R08-
1 9?
Pollution Control Board
AMENDMENTS TO 35 ILL. ADM. CODE 217, )
(Rulemaking – Air)
NITROGEN OXIDES EMISSIONS,
)
AND 35 ILL. ADM. CODE 211
)
CERTIFICATION OF ORIGINATION
NOW COMES the Illinois Environmental Protection Agency to certify in accordance
with 35 Ill. Adm. Code 102.202(i) that this proposal for amendments to 35 Ill. Adm. Code 217
and 211 amends the most recent version of the rules as published on the Illinois Pollution
Control Board's Web site.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
B
Gina Roccaforte
Assistant Counsel
Division of Legal Counsel
DATED: May 8, 2008
1021 North Grand Avenue East
PO Box 19276
Springfield, IL 62794-9276
217/782-5544

 
RECEIVED
CLERK'S
OFFICE
MAY t 9 2008
BEFORE THE ILLINOIS POLLUTION CONTROL
Bl
Viifft
OF
ILLINOIS
Pollution Control Board
R08- 16)
(Rulema_(ing – Air)
MOTION FOR WAIVER OF COPY REQUIREMENTS
NOW COMES the Proponent, the ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY ("Illinois EPA"), by one of its attorneys, and pursuant to 35 Ill. Adm. Code 101.500
102.110, and 102.200, moves that the Illinois Pollution Control Board ("Board") waive certain
requirements, namely that the Illinois EPA submit an entire copy of the proposal to the Attorney
General, that the Illinois EPA submit an entire copy of the proposal to the Department of Natural
Resources ("DNR"), and that the Illinois EPA submit the original and nine copies of all
documents upon which it relied and incorporated by reference. In support of its Motion, the
Illinois EPA states as follows:
1.
Section 102.200 of the Board's procedural rules requires that the original and nine
copies of each regulatory proposal be filed with the Clerk. This entire regulatory proposal
consists of over 1,000 pages. Given the length of the proposal and the resources required to
provide nine copies, the Illinois EPA requests that it be allowed to file the original and four
complete copies of the proposal, plus five partial copies, the partial copies consisting of
pleadings and the proposed rule absent documents relied upon and incorporated by reference.
2.
Section 102.200 of the Board's procedural rules also requires that one copy be
filed with the Attorney General. On May 7, 2008, Mr. Matthew Dunn, Chief of the
Environmental Enforcement/Asbestos Litigation Division of the Office of the Attorney General
in Chicago, agreed that the Illinois EPA need not supply that office with a copy of the entire
IN THE MATTER OF:
AMENDMENTS TO 35 ILL. ADM. CODE 217,
NITROGEN OXIDES EMISSIONS,
AND 35 ILL. ADM. CODE 211

 
proposal, provided that his office is served with a partial copy and any additional information or
documents requested after reviewing the proposal.
3.
Section 102.200 of the Board's procedural rules requires that one copy be filed
with DNR also. On May 7, 2008, Virginia Yang, Deputy Counsel of the DNR in Springfield,
agreed that the Illinois EPA need not supply that office with a copy of the entire proposal,
provided that her office is served with a partial copy and any additional information or
documents requested after reviewing the proposal.
4.
Section 27(a) of the Environmental Protection Act ("Act") requires the Illinois
EPA to provide information supporting the proposal. 415 ILCS 5/27(a). Accordingly, the
Illinois EPA has provided documents that were directly relied upon while drafting the regulatory
proposal. The list of documents relied upon is found in Attachment A. The documents listed in
Attachment A are quite voluminous. A couple of the documents listed in Attachment A are
readily accessible to or are within the possession of the Board. Furthermore, the Illinois EPA has
supplied four copies of the documents listed in Attachment A denoted with an asterisk. Given
the ease of accessibility of these documents, the Illinois EPA moves that the requirement that it
provide copies of items (1) and (2) of Attachment A be waived, and that it supply nine copies of
the items of Attachment A denoted with an asterisk also be waived.
5.
Section 5-75(a) of the Illinois Administrative Procedure Act ("IAPA") provides,
in relevant part, that an agency may incorporate by reference the regulations, standards and
guidelines of an agency of the United States or a nationally recognized organization or
association without publishing the incorporated material in full. 5 ILCS 100/5-75(a). Further,
Section 5-75(b) of the IAPA states, in relevant part, that the agency adopting a rule or regulation
under the IAPA shall maintain a copy of the referenced rule, regulation, standard or guideline in
2

 
at least one of its principal offices and shall make it available to the public upon request. 5 ILCS
100/5-75(b). In developing this proposed rulemaking, the Illinois EPA has incorporated by
reference certain documents. The Illinois EPA requests that it not be required to submit copies
of all the documents incorporated by reference in this proposed rulemaking. Such documents are
as follows:
1.
40 CFR Part 60, Appendix A, Methods 1, 2, 3, and 4 (2007).
2.*
Alternative Control Techniques Document-- NO„ Emissions from
Industrial/Commercial/Institutional (ICI) Boilers, EPA-453/R-94-022, U. S.
Environmental Protection Agency, Office of Air and Radiation, Office of Air
Quality Planning and Standards, Research Triangle Park, N. C. 27711, March
1994.
3.*
Alternative Control Techniques Document-- NO„ Emissions from Process Heaters
(Revised), EPA-453/R-93-034, U. S. Environmental Protection Agency, Office of
Air and Radiation, Office of Air Quality Planning and Standards, Research
Triangle Park, N. C. 27711, September 1993.
4.*
Alternative Control Techniques Document-- NO
x
Emissions from Glass
Manufacturing, EPA-453/R-94-037, U. S. Environmental Protection Agency,
Office of Air and Radiation, Office of Air Quality Planning and Standards,
Research Triangle Park, N. C. 27711, June 1994.
5.* Alternative Control Techniques Document-- NO
x
Emissions from Iron and Steel
Mills, EPA-453/R-94-065, U. S. Environmental Protection Agency, Office of Air
and Radiation, Office of Air Quality Planning and Standards, Research Triangle
Park, N. C. 27711, September 1994.
The Illinois EPA has supplied four copies of the documents denoted with an asterisk.
Given the ease of accessibility of these documents, the Illinois EPA moves that the requirement
that it provide copies of the item without an asterisk and that it supply nine copies of the
documents denoted with an asterisk above be waived. The Illinois EPA's request is consistent
with the Illinois Administrative Procedure Act, 5 ILCS 100/1-1
et seq.,
and reasonable in light of
the fact that these documents are quite lengthy and are readily available.
WHEREFORE, for the reasons set forth above, the Illinois EPA moves that the Board
3

 
Gina Roccaforte
Assistant Counsel
Division of Legal Counsel
waive the requirement that the Illinois EPA file the entire proposal with the Attorney General
and DNR and that the Illinois EPA provide the Board with nine copies of the proposal and copies
of all documents incorporated by reference and relied upon in the development of the proposal.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
DATED: May 8, 2008
1021 N. Grand Ave., East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
4

 
Attachment
A
1.
The Clean Air Act, as amended in 1990 (42 U.S.C. § 7401
et seq.).
2.
Illinois Environmental Protection Act (415 ILCS 5/1
et seq.).
3.
*Energy & Environmental Analysis, Inc., "Characterization of the U.S. Boiler
Industrial Commercial Boiler Population," Submitted to Oak Ridge National
Laboratory, May 2005.
4.
*http://commons.wikimedia.org/wiki/Image:Water tube boiler schematic.png
5.
*http://en.wilcipedia.org/wiki/Image:Locomotive fire tube boiler schematic.png
6.
*Babcock & Wilcox Company,
Steam, It's Generation and Use,
40th Edition,
1992.
7.
*Neil Johnson, "Fundamentals of Stoker Fired Boiler Design and Operation,"
Presented at CIBO Emission Controls Technology Conference, July 15-17, 2002.
8.
*Letter to Mr. Regulator, New Hampshire Division of Environmental Services,
from Daniel J. Willems, Product Development, Cleaver Brooks, dated May 19,
2006.
9.
*http://wwwl.eere.energy.gov/industrv/bestpractices/pdfs/steam4 boiler efficien
cy.pdf
10.
*
http://www.energvsolutionscenter.org/boilerburner/Eff Improve/Efficiency/Oxy
gen Control.asp
11.
*http ://files.asme.org/asmeorg/Codes/CertifAccred/Personne1/2971.pdf
12.
*http://www.coen.com/i html/white lowcostnoxpm.html
13.
*Rajani Varagani (n.d.), "A Cost Effective Low NOx Retrofit Technology for
Industrial Boilers," Cited within CIBO Industrial Emissions Control Technology
III, August 1-3, 2005.
14.
*Email from Jim Staudt, Andover Technology, to R. Gifford Broderick,
Combustion Components Associates, Based on estimate for a 4-burner project,
dated October 16, 2003.
15.
*http://www.johnzink.com/products/bumers/html todd/burn todd cs 104.htm

 
16.
*Sacramento General Services Heating Plant Case Study: COEN web site:
http://www.coen.com/mrktlitibrochures/pdf/q1a.pdf
17.
*Zink, John (2003). "U.S. Borax TODD Ultra Low Emissions Burner
Installment."
18.
*Zink, John (2003). "TODD Ultra Low Emissions Burner Installment."
19.
*Coen Company, "Ultra Low NOx Gas-Fired Burner with Air Preheat," Final
Report, prepared for California Air Resources Board, November 23, 2000.
20.
*Memorandum from Jim Staudt, Andover Technology Partners to Sikander Khan,
United States Environmental Protection Agency, providing comments in response
to September 10, 2003 email, dated October 24, 2003.
21.
*Memorandum from Chad Whiteman, Institute of Clean Air Companies to
Christopher Recchia, Ozone Transport Commission, regarding Selective Non-
Catalytic Reduction Technology Costs for Industrial Sources, dated October 6,
2006.
22.
*Northeast States for Coordinated Air Use Management (NESCAUM), "Status
Report on NOx: Control Technologies and Cost Effectiveness for Utility
Boilers," prepared by Jim Staudt, Andover Technology Partners, June 1998.
23.
*Northeast States for Coordinated Air Use Management (NESCAUM), "Status
Report on NOx Controls, " prepared by Jim Staudt, Andover Technology
Partners, December 2000. ("NESCAUM 2000 report")
24.
*Institute to Clean Air Companies, Inc., "White Paper: Selective Catalytic
Reduction (SCR) Control of NOx Emissions," November 1997.
25.
*http://www.cormetech.com/experience.htm
26.
*"Economic Indicators," Chemical Engineering, p. 102, September 2006.
27.
*Vatatuck, William M., "Updating the CE Plant Cost Index," Chemical
Engineering, p. 69, January 2002.
28.
*State and Territorial Air Pollution (STAPPA) and Association of Local Air
Pollution Control Offices (ALAPCO), "Controlling Fine Particulate Matter Under
the Clean Air Act: A Menu of Options," March 2006.
29.
*Erickson, C., and Staudt, J., "Selective Catalytic Reduction System Performance
and Reliability Review,"presented at the EPRI-EPA-DOE-AWMA Combined
Utility Air Pollution Control Conference, the Mega Conference, Baltimore,
August 28-31, 2006.
2

 
30.
*Cichanowicz, E.J., "Current Capital Cost and Cost-Effectiveness of Power Plant
Emissions Control Technologies," prepared for Utility Air Regulatory Group,
June 2007.
31.
*http://www.mobotecusa.com/projects/vermillion-sellsheet.pdf
32.
*http://www.mobotecusa.com/projects/capefear6-sellsheet.pdf
33.
*STAPPA/ALAPCO, "Controlling Nitrogen Oxides under the Clean Air Act: A
Menu of Options," July 1994.
34.
*Khan, Sikander, United States Environmental Protection Agency,
"Methodology, Assumptions, and References Preliminary NOx Controls Cost
Estimates for Industrial Boilers," October-November 2003.
35.
*MACTEC Federal Programs / MACTEC Engineering and Consulting, Inc.,
"Midwest Regional Planning Organization (RPO): Petroleum Refinery Best
Available Retrofit Technology (BART)," Engineering Analysis, prepared for The
Lake Michigan Air Directors Consortium (LADCO), March 30, 2005. ("LADCO
2005")
36.
*http://www.epa.gov/air/ozonepollution/SIPToolkit/documents/stationary nox list.
pf
37.
*http://www.callidus.com/pages/next
_
gen.htm
38.
*Heat Input Affects NOx Emissions from Internal Flue Gas Re-Circulation
Burners
http://texasio ces.utexas.edu/texasshowcase/pdfs/presentations/c
39.
*http://www.andovertechnolou.com/HGA Market Report secure.pdf
40.
*http://vvww.valleyair.org/rules/currntrules/r4304.pdf
41.
*www.perf.org/ppt/Bishop.ppt
42.
*State of New Jersey Department of Environmental Protection, State of the Art
Manual for Boilers and Process Heaters, July 1997 (revised February 22, 2004).
www.state.nj.us/dep/aqpp/downloads/sota/sota12.pdf
43.
*Partha Ganguli, Workgroup Recommendations and Other Potential Control
Measures Stationary Combustion Sources Workgroup, May 11, 2006.
http://www.nj.govidep/airworkgroups/docs/wps/SCS004A fin.pdf
3

 
44.
*Sun, W.H., Bisnett, M.J., et al., "Reduction of NOx Emissions from Cement
Kiln/Calciner through the Use of the NOxOUT Process," International Specialty
Conference on Waste Combustion in Boilers and Industrial Furnaces, April 21,
1994.
45.
*http://www.cadencerecycling.com/pdf/6-PageCompletepdf
46.
*Hansen, E., Cadence Environmental Energy Inc., "Staged Combustion for NOx
Reduction Using High Pressure Air Injection," undated.
http://www.cadencerecycling.com/pdf/IEEE2002.pdf
47.
*Sabo, E., MACTEC Federal Programs, Inc., "Candidate Control Measures for
Cement Plants", LADCO/MRPO, Regional Air Quality Workshop, June 28, 2005.
48.
*United States Environmental Protection Agency, Office of Air Quality, Planning
and Standards, Technical Bulletin: Nitrogen Oxides (NOx), Why and How They
Are Controlled, EPA-456/F-99-006R, November 1999.
http ://www. ep a.ov/ttn
g /fnoxdoc.pdf
49.
*Finding of Significant Contribution and Rulemaking for Certain States in the
Ozone Transport Assessment Group Region for Purposes of Reducing Regional
Transport of Ozone, Rule, 63
Fed. Reg.
57356, October 27, 1998.
50.
*State of Michigan
v.
U.S. Environmental Protection Agency,
213 F.3d 663 (D.C.
Cir. 2000)
51.
*Federal Implementation Plans to Reduce the Regional Transport of Ozone;
Proposed Rule, 63 Fed. Reg. 56394, October 21, 1998.
52.
*United States Environmental Protection Agency, Office of Air and Radiation,
Regulatory Impact Analysis for the NOx SIP Call, FIP, and Section 126 Petitions,
Volume 1: Costs and Economic Impacts, September 1998.
53.
*Waible, R., Price, D., Tish, P., Halpern, M., "Advanced Burner Technology for
Stringent NOx Regulations," presented at the American Petroleum Institute
Midyear Refining Meeting, Orlando, FL, May 8, 1990.
54.
*Nguyen, Quang, Koppang, Richard, Energy and Environmental Research
Corporation, Advanced Steel Reheat Furnaces Research and Development, Final
Report, prepared for U.S. Department of Energy, January 14, 1999.
55.
*Rowlan, Steven J. and Sun, William H., "NOx Control on Preheat and Radiant
Furnaces at Nucor Steel Mills through Urea SNCR, SCR, and Hybrid Processes,"
presented at ICAC Forum, Houston, TX, February 12013, 2002.
http ://vvww.icac.com/Files/Rowlan.pdf
4

 
56.
*Kobayashi, H., "Advances in Oxy-Fuel Fired Glass Melting Technology,"
presented at XX International Congress on Glass (ICG), Kyoto, Japan, September
26- October 1, 2004.
57.
*http ://wwwl.eere.ener!y.gov/industry/glass/pdfs/airstaging.pdf
58.
*http://www.gastechnology.org/webroot/app/xn/xd.aspx?it=enweb&xd=4reportsp
ubs%5C4 8focus%5Coxygenenrichedairstaging.xml
59.
*http://www.osti.gov/energycitations/product.biblio.j sp?osti id=616314
60.
*Midwest RPO Candidate Control Measures, Interim White Paper, Source
Category: Glass Manufacturing, December 2, 2005.
61.
*Energetics, Inc., Energy and Environmental Profile of the U.S. Aluminum
Industry, prepared for U.S. Department of Energy, July 1997.
62.
*http://wwwl.eere.energy.gov/industry/aluminum/pdfs/aluminum.pdf
63.
*Schalles, David G., The Next Generation of Combustion Technology for
Aluminum Melting, undated.
http://www.bloomeng.com/tmspaper-FINAL.doc
64.
*http://www.bloomeng.com/11501umiflame.pdf
65.
*http://www.eere.energy.gov/industry/combustion/pdfs/oscllcomb.pdf
66.
*California South Coast Rule 2002, Allocations for oxides of Nitrogen (NOx) and
oxides of Sulfur (Sox), amended January 7, 2005.
67.
*http://www.epa.gov/ttn/emc/cem.html
68.
*Alternative Control Techniques Document--NO
x
Emissions from Cement
Manufacturing, EPA-453/R-94-004, U. S. Environmental Protection Agency,
Office of Air and Radiation, Office of Air Quality Planning and Standards,
Research Triangle Park, N. C. 27711, March 1994.
5

 
RECEIVED
CLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY 9 2008
STATE OF ILLINOIS
R08-
e
i
Pollution Control Board
R08
(Rulemaking — Air)
IN THE MATTER OF:
AMENDMENTS TO 35 ILL. ADM. CODE 217,
NITROGEN OXIDES EMISSIONS,
AND 35 ILL. ADM. CODE 211
STATEMENT OF REASONS
I. INTRODUCTION
The Illinois Environmental Protection Agency ("Illinois EPA") submits this
Statement of Reasons to the Illinois Pollution Control Board ("Board") pursuant to Sections
27 and 28 of the Environmental Protection Act ("Act") (415 ILCS 5/27 and 28) and 35 Ill.
Adm. Code 102.202 in support of the attached proposal of regulations. These regulations are
proposed to control nitrogen oxides emissions from various source categories, including
emission units within these source categories such as industrial boilers, process heaters, glass
melting furnaces, cement kilns, lime kilns, furnaces used in steel making and aluminum
melting, and fossil fuel-fired stationary boilers.
This proposed rulemaking is intended to meet certain obligations of the State of
Illinois under the federal Clean Air Act ("CAA"), 42 U.S.C. § 7401
et seq.;
specifically, to
satisfy Illinois' obligation to submit a State Implementation Plan ("SIP") to address the
requirements under Sections 172 and 182 of the CAA for major stationary sources of
nitrogen oxides ("NO
x
") in areas designated as nonattainment with respect to National
Ambient Air Quality Standards ("NAAQS").
See,
42 U.S.C. §§ 7502 and 7511a. Illinois has
formulated a thorough regulatory approach to comply with the State requirements under the
CAA, and as such, is proposing reasonable and cost effective NO
x controls on various source
categories. This NO
x
control approach is congruent with rulemakings recently adopted and

 
currently pending before the Board.
See,
R06-26,
In the Matter of Clean Air Interstate
Rules (CAIR) SO
2, NO„ Annual and NO„ Ozone Season Trading Programs, 35 Ill. Adm. Code
225, Subparts A, C, D, E, and F,
and R07-19,
In the Matter of Section 27 Proposed Rules
for Nitrogen Oxide (NO) Emissions From Stationary Reciprocating Internal Combustion
Engines and Turbines: Amendments to 35 111. Adm. Code Parts 211 and 217.
Volatile
organic compounds ("VOCs") and NO
x
are the primary precursors to the formation of ozone.
Additionally, NO
x is a precursor to the formation of PM2.5.
Under Section 110 of the CAA and related provisions, states are required to submit,
for the United States Environmental Protection Agency's ("USEPA") approval, SIPs that
provide for the attainment and maintenance of standards established by USEPA through
control programs directed to sources of the pollutants involved. 42 U.S.C. §7410. The CAA
also provides for the State to address emissions sources on an area-specific basis through
such requirements as reasonably available control measures ("RACM") and reasonably
available control technology ("RACT").
See,
42 U.S.C. §§7502 and 7511a. For each
nonattainment area, the CAA requires the State to demonstrate that it has adopted "all
reasonably available control measures as expeditiously as possible (including such reductions
in emissions from existing sources in the area as may be obtained through the adoption, at a
minimum, of reasonably available control technology) and shall provide for attainment of the
national primary ambient air quality standards." 42 U.S.C. § 7502(c)(1).
Included in this proposal are amendments to Part 217, Nitrogen Oxides Emissions, 35
Ill. Adm. Code Part 217, adding Subparts C, D, E, F, G, H, and M, and amendments to Part
211, Definitions and General Provisions, 35 Ill. Adm. Code 211.
2

 
II. STATEMENT OF FACTS
The CAA establishes a comprehensive program for controlling and improving the
nation's air quality by way of state and federal regulations. USEPA is charged with
identifying air pollutants that endanger the public health and welfare and with formulating
the NAAQS that specify the maximum permissible concentrations of those pollutants in the
ambient air under Sections 108 and 109 of the CAA. 42 U.S.0 §§ 7408-7409.
A. 8-Hour Ozone NAAQS
Ozone is a gas composed of three atoms of oxygen. Ozone occurs both in the Earth's
upper atmosphere and at ground level. Ground-level ozone is formed when NO
x and VOCs
react in the atmosphere in the presence of sunlight. As stated above, NO
x and VOCs are
ozone precursors.
On July 18, 1997, USEPA revised the NAAQS for ozone by replacing the 1-hour
standard with an 8-hour standard. 62
Fed. Reg.
38856 (July 18, 1997). USEPA has
identified volatile organic material (which is effectively the same material as VOCs) and
NOx
as the primary precursors accountable for the formation of ozone. In Illinois, there are
two areas designated as nonattainment (moderate) for the 8-hour ozone standard. The first is
the Chicago-Gary-Lake County, IL-IN designated area, which includes Cook County,
DuPage County, Grundy County (partial—Goose Lake and Aux Sable Townships), Kane
County, Kendall County (partial—Oswego Township), Lake County, McHenry County, and
Will County. The second area is the St. Louis, MO-IL designated area, which includes
Jersey County, Madison County, Monroe County, and St. Clair County. 40 CFR §81.314.
MA
I
s
S
Particulate matter is the generic term for a broad class of chemically and physically
3

 
diverse substances that exist as discrete particles (liquid droplets or solids) over a wide range
of sizes. 62
Fed. Reg.
38653 (July 18, 1997). Particles originate from a variety of
anthropogenic stationary and mobile sources as well as from natural sources.
Id.
Particles
may be emitted directly or formed in the atmosphere by transformations of gaseous
emissions such as sulfur oxides (SO
X
), NO
R
, and VOCs.
Id.
A regulatory focus on fine
particles results in controls on gaseous precursors of fine particles such as SO
X
, NOR
, and
VOCs, which are all components of the complex mixture of air pollution that has most
generally been associated with mortality and morbidity effects.
Id.
at 38667.
On July 18, 1997, USEPA revised the NAAQS for particulate matter to add new
standards for fine particles, using PM
2.5
as the indicator, and established primary annual and
24-hour standards for PM
2.5 . 62
Fed. Reg.
38652 (July 18, 1997). PM
2.5
refers to particulate
matter that is 2.5 micrometers or smaller in. size. In October 2006, USEPA subsequently
completed another review of the NAAQS for particulate matter, and as a result, strengthened
the 24-hour standard. 71
Fed. Reg.
61144 (October 17, 2006). USEPA issued fmal PM2.5
designations for areas violating the 1997 standards on December 17, 2004. Such
designations were published in the Federal Register on January 5, 2005. 70
Fed. Reg.
944
(January 5, 2005). On April 5, 2005, USEPA issued a supplemental notice that changed the
designation status of eight areas from nonattainment to attainment based upon updated air
quality data. 70
Fed. Reg.
19844 (April 14, 2005).
In Illinois, there are two areas designated as nonattainment for the PM
2.
5
standard, the
first being the Chicago-Gary-Lake County, IL-IN designated area, which includes Cook
County, DuPage County, Grundy County (partial—Goose Lake and Aux Sable Townships),
Kane County, Kendall County (partial—Oswego Township), Lake County, McHenry
4

 
County, and Will County, and second being the St. Louis, MO-IL designated area, which
includes Madison County, Monroe County, Randolph County (partial—Baldwin Village),
and St. Clair County. 40 CFR §81.314.
C. Clean Air Act Requirements
States are primarily responsible for ensuring attainment and maintenance of NAAQS
once USEPA has established them. Under Section 110 of the CAA and related provisions,
states are to submit, for USEPA approval, SIPs that provide for the attainment and
maintenance of such standards through control programs directed to sources of the pollutants
involved. 42 U.S.C. § 7410. Additional requirements include Section 172 of Subpart 1,
Nonattainment Areas in General, and Section 182 of Subpart 2, Additional Provisions for
Ozone Nonattainment Areas, under Part D, Plan Requirements for Nonattainment Areas.
III. PURPOSE AND EFFECT OF THE PROPOSAL
As discussed
supra,
this rulemaking proposal has been prepared to satisfy Illinois'
obligation to submit a SIP to address the requirements under Sections 172 and 182 of the
CAA for major stationary sources of NO
)
, in areas designated as nonattainment with respect
to the 8-hour ozone and PM2.5NAAQS.
USEPA designated two areas in Illinois as nonattainment for the 8-hour and PM2.5
NAAQS, respectively. Such designations triggered requirements under the CAA for
adopting regulations that reduce emissions sufficiently to demonstrate attainment of the
standards. Under Section 172(c)(1), states with nonattainment areas are required to submit,
in part, SIPs that provide for the adoption of RACM for stationary sources in all
nonattainment areas as expeditiously as possible. 42 U.S.C. § 7502(c)(1). Section 172(c)(1)
of the CAA provides, in relevant part, as follows:
5

 
(c) Nonattainment plan provisions
The plan provisions (including plan items) required to be submitted under this part
shall comply with each of the following:
(1)
In general
Such plan provisions shall provide for the implementation of all reasonably
available control measures as expeditiously as practicable (including such
reductions in emissions from existing sources in the area as may be obtained
through the adoption, at a minimum, of reasonably available control
technology) and shall provide for attainment of the national primary ambient
air quality standards.
* * *
42 U.S.C. §7502(c)(1). A subset of RACM is the RACT requirements. RACT is defined as
the lowest emission limitation that a particular source can meet by applying a control
technique that is reasonably available considering technological and economic feasibility.
See,
44
Fed. Reg.
53762 (September 17, 1979). Section 182(b)(2) of the CAA requires states
to adopt RACT rules for all areas designated nonattainment for ozone and classified as
moderate or above. Section 182(b)(2) of the CAA states, in part, as follows:
(b) Moderate Areas
Each State in which all or part of a Moderate Area is located shall, with respect to the
Moderate Area, make the submissions described under subsection (a) of this section
(relating to Marginal Areas), and shall also submit the revisions to the applicable
implementation plan described under this subsection.
* * *
(2)
Reasonably available control technology
The State shall submit a revision to the applicable implementation plan to
include provisions to require the implementation of reasonably available
control technology under section 7502(c)(1) of this title with respect to each
of the following:
(A) Each category of VOC sources in the area covered by a CTG
document issued by the Administrator between November 15, 1990,
and the date of attainment.
6

 
(B)
All VOC sources in the area covered by any CTG issued before
November 15, 1990.
(C)
All other major stationary sources of VOCs that are located in the area.
Each revision described in subparagraph (A) shall be submitted within the
period set forth by the Administrator in issuing the relevant CTG document.
The revisions with respect to sources described in subparagraphs
(B)
and (C)
shall be submitted by 2 years after November 15, 1990, and shall provide for
the implementation of the required measures as expeditiously as practicable
but no later than May 31, 1995.
* * *
42 U.S.C. §751 la(b)(2). In addition, under Section 182(f) of the CAA, an overlapping
requirement in each state in which all or part of a "moderate" area is located is the adoption
of RACT for major NO
x
sources. 42 U.S.C. § 7511a(f). Section 182(f) of the CAA states, in
pertinent part, as follows:
(f) NO x requirements
(1)
The plan provisions required under this subpart for major stationary sources of
volatile organic compounds shall also apply to major stationary sources (as
defined in section 7602 of this title and subsections (c), (d), and (e) of this
section) of oxides of nitrogen. * * *
42 U.S.C. §7511a(f). Section 302 of the CAA defines "major stationary source" as any
stationary facility or source of air pollutants that directly emits, or has the potential to emit,
one hundred tons per year or more of any air pollutant. 42 U.S.C. §7602.
These sections of the CAA, taken together, establish the requirements for Illinois to
submit NO
)
, RACT regulations for all major stationary sources of NO„ in
PM2.5
nonattainment areas and ozone nonattainment areas classified as moderate and above.
See
also, Clean Air Fine Particle Implementation Rule; Final Rule,
72
Fed. Reg.
20586 (April
25, 2007), and
Final Rule To Implement the 8-Hour Ozone National Ambient Air Quality
Standard; Final Rule,
70
Fed. Reg.
71612 (November 29, 2005). Furthermore, states, such
7

 
as Illinois, with nonattainment areas classified as moderate or above for the 8-hour ozone
NAAQS were required to submit by September 15, 2006, a SIP demonstrating that sources
specified under the CAA were subject to RACT requirements.
See, Final Rule To Implement
the 8-Hour Ozone National Ambient Air Quality Standard; Final Rule,
70
Fed. Reg.
71612,
71652 (November 29, 2005). On March 24, 2008, USEPA made a finding that Illinois,
among other states, failed to make a RACT submittal required under Part D of Title I of the
CAA for its two moderate nonattainment areas.
See,
73
Fed. Reg.
15416 (March 24, 2008).
Such finding starts the 18-month emission offset sanctions clock and 24-month highway
funding sanctions clock under Section 179(a) and (b) of the CAA and the 24-month clock for
the promulgation by USEPA of a Federal Implementation Plan under Section 110(c) of the
CAA. 42 U.S.C. §§ 7509(a) and (b) and 7410(c).
Accordingly, the Illinois EPA's regulatory proposal aims to achieve NO
x
reductions
in Illinois from a number of source categories while providing reasonable flexibility for the
affected sources. The regulatory proposal requires major stationary sources located in the
nonattainment areas in Illinois to comply with the emissions limitations set by the proposed
rule beginning May 1, 2010. The emissions limitations apply on an ozone season basis and
annual basis. Major stationary sources include those that emit or have the potential to emit
NOx
in an amount equal to or greater than 100 tons per year. Also included under the
applicability provisions of the proposed rule is any industrial boiler, process heater, glass
melting furnace, cement kiln, lime kiln, iron and steel reheat, annealing, or galvanizing
furnace, aluminum reverberatory or crucible furnace, or fossil fuel-fired stationary boiler at
such sources that emits NO
x
in an amount equal to or greater than 15 tons per year and equal
to or greater than five tons per ozone season.
8

 
Flexibility is built into the regulations as they allow compliance to be demonstrated
through an emissions averaging plan. Owners or operators of an affected source with certain
emission units subject to the provisions of the proposed rule may demonstrate compliance
through an emissions averaging plan. An emissions averaging plan can only address
emission units that are located at one source and each unit may only be covered by one
emissions averaging plan. Sources may therefore aggregate and then average the NO,
emissions from units at the same location in Illinois to comply with the emissions limitations.
In addition, the proposed regulations provide for certain exemptions. Such
regulations do not apply to an emission unit operating under a federally enforceable limit of
NO, emissions from such unit to less than 15 tons per year and less than five tons per ozone
season. In addition, the regulations do not apply to a coal-fired stationary boiler that
commenced operation before January 1, 2008, that is complying with the multi-pollutant
standard under Section 225.233 of Part 225 or the combined pollutant standards under
Subpart F of Part 225 (i.e., control requirements and standards for emissions of mercury, NO„
and SO2).
As to monitoring, the proposed regulations mandate that owners of certain large
emission units comply with the monitoring provisions of Part 75 of the
Code of Federal
Regulations,
40 CFR Part 75, with regard to monitoring emissions of NO„ to the atmosphere,
while owners of certain smaller emission units are required to comply with the monitoring
provisions of Part 60 of the
Code of Federal Regulations,
40 CFR Part 60. Performance
testing requirements exist for small emission units; however, the option of complying with
continuous emissions monitoring system requirements under Part 60 is available. In
9

 
addition, provisions are set forth pertaining to recordkeeping and reporting requirements. A
section-by-section summary of the Illinois EPA's regulatory proposal is set forth
infra.
IV. GEOGRAPHIC REGIONS AND SOURCES AFFECTED
The geographic regions subject to the proposed regulations for affected sources are
the two areas designated as nonattainment for the 8-hour ozone and PM
2.5
standards that
collectively comprise the Chicago-Gary-Lake County, IL-IN designated area, which includes
Cook County, DuPage County, Grundy County (partial—Goose Lake and Aux Sable
Townships), Kane County, Kendall County (partial—Oswego Township), Lake County,
McHenry County, and Will County, and the St. Louis, MO-IL designated area, which
includes Jersey County, Madison County, Monroe County, Randolph County (partial—
Baldwin Village), and St. Clair County. 40 CFR §81.314. The proposed regulations are
expected to affect existing and new units. Existing units in the nonattainment areas in Illinois
that will be subject to the proposed regulations include 80 industrial boilers, 84 process
heaters, four glass melting furnaces, two lime kilns, six furnaces used in iron and steel
making, and 20 fossil fuel-fired stationary boilers. There are currently no cement kilns or
aluminum melting furnaces in operation in such nonattainment areas. The sources expected
to be affected by the proposed rulemaking are set forth in Attachment A to the
Technical
Support Document for Control of Nitrogen Oxide Emissions from Industrial, Commercial,
and Institutional (ICI) Boilers and Small Electric Generating Unit (EGU) Boilers, Process
Heaters, Cement Kilns, Lime Kilns, Reheat, Annealing, and Galvanizing Furnaces used at
Iron and Steel Plants, Glass Melting Furnaces, and Aluminum Melting Furnaces,
AQPSTR
07-02, March 2008, Prepared by Andover Technology Partners and the Illinois EPA.
10

 
The proposed regulations are generally expected to affect all sources that are located
in those nonattainment areas that emit or have the potential to emit NO
x
in an amount equal
to or greater than 100 tons per year and any industrial boiler, process heater, glass melting
furnace, cement kiln, lime kiln, iron and steel reheat, annealing, or galvanizing furnace,
aluminum reverberatory or crucible furnace, or fossil fuel-fired stationary boiler within such
sources that emits NOx
in an amount equal to or greater than 15 tons per year and equal to or
greater than five tons per ozone season and subject to the provisions of the proposed
regulations.
V. TECHNICAL FEASIBILITY AND ECONOMIC REASONABLENESS
The technology for controlling nitrogen oxide emissions is readily available.
See,
Technical Support Document.
The proposed rule is expected to reduce NO
x emissions by
46.3% or 20,666 tons per year beginning in 2010.
Id.
The Illinois EPA has concluded that
affected sources can meet the requirements of the proposed rule through a number of control
techniques such that compliance is both technically feasible and economically reasonable.
Id.
With regard to industrial boilers and process heaters, control techniques for reducing
NOx emissions include combustion modification controls, flue gas treatment controls, or a
combination of these technologies.
Id.
at 19 and 55. Combustion modification controls such
as combustion tuning, low excess air firing, staged combustion air, low NO
x
burners, ultra
low NOx burners, and flue gas recirculation modify the conditions under which combustion
occurs to reduce NOx formation.
Id.
Post-combustion controls, such as selective catalytic
reduction and selective non-catalytic reduction, reduce NO
x
emissions after it is formed.
Id.
11

 
As to cement kilns, lime kilns, and reheat, annealing, and galvanizing furnaces at iron
and steel plants, NO
)
, control approaches applicable to these industries may be grouped into
combustion control approaches where the emphasis is on reducing NO, formation and post-
combustion control approaches that destroy the NO„ formed in the combustion process.
Id.
at 71, 88, and 95. The
Technical Support Document
illustrates in detail these control
approaches.
Id.
With regard to glass melting furnaces, NO„ control approaches may be grouped into
combustion and post-combustion control approaches. Combustion modifications place the
emphasis on reducing NO, formation, process modifications such as preheating of cullet, use
of electric boost, and addition of feed nitrate. Post-combustion control approaches destroy
the NO„ formed in the combustion process.
Id.
at 105. The
Technical Support Document
further illustrates these control approaches in detail.
Id.
As to aluminum melting furnaces, NO„ control approaches include combustion
control approaches where the emphasis is on reducing NO„ formation and post-combustion
control approaches that destroy the NO
)
, formed in the combustion process.
Id.
at 121. The
Technical Support Document
further details these control approaches.
Id.
Furthermore, the
emissions limitations proposed in this rulemaking are consistent with rules promulgated in
other jurisdictions. The South Coast Air Quality Management District and the State of Ohio
have regulatory requirements for affected emission units.
Id.
at 124-25.
There are a number of control options available to achieve the control levels set forth
in this regulatory proposal. The Illinois EPA's analysis, explained in detail in the
Technical
Support Document
and supporting documentation, demonstrates the technical feasibility and
economic reasonableness of this proposed rulemaking.
12

 
VI. COMMUNICATION WITH INTERESTED PARTIES
Illinois EPA engaged in outreach on this proposal. On July 31, 2007, the Illinois EPA
posted a draft of the proposed rule on its website for public comment. Illinois EPA also
stated its willingness to meet individually with any interested party.
Illinois EPA received extensive comments on the draft rule, and this proposal
incorporates many of the concerns and suggestions put forth in these comments. Such
comments can generally be categorized into the following areas: applicability, compliance
date, emission limit averaging time, exemptions, testing and monitoring, emission limits, and
case-by-case RACT determinations. These regulations are being proposed after the
interested parties have had an opportunity to review the proposal and discuss any issues with
Illinois EPA.
VII. SYNOPSIS OF TESTIMONY
The Illinois EPA plans to call Rob Kaleel, Manager, Air Quality Planning Section
("AQPS"), Bureau of Air, Illinois EPA, Vir Gupta, Environmental Protection Engineer IV,
AQPS, Bureau of Air, Illinois EPA, and James E. Staudt, Ph.D., CFA, Andover Technology
Partners, as witnesses at hearing. The witnesses will testify about the proposed amendments
in general and will assist in answering questions. Written testimony will be submitted prior
to hearing in accordance with the Board's procedural rules.
VIII. THE ILLINOIS EPA'S PROPOSAL
The following is a Section-by-Section summary of the Illinois EPA's proposal.
35 III. Adm. Code 211
Subpart B: Definitions
The Illinois EPA is proposing to add definitions to Part 211.
13

 
Section 211.665
Auxiliary Boiler
The Illinois EPA is proposing to add a definition for auxiliary boiler. Such definition
is necessary for Subparts C and D.
Section 211.995
Circulating Fluidized Bed Combustor
The Illinois EPA is proposing to add a definition for circulating fluidized bed
combustor. Such definition is necessary for Subpart D.
Section 211.1315
Combustion Tuning
The Illinois EPA is proposing to add a definition for combustion tuning. Such
definition is necessary for Subparts D and E.
Section 211.1435
Container Glass
The Illinois EPA is proposing to add a definition for container glass. Such definition
is necessary for Subpart F.
Section 211.2355
Flare
The Illinois EPA is proposing to add a definition for the term flare. Such definition is
required because flares are not subject to the NO
)
, general requirements under Subpart C.
Section 211.2357
Flat Glass
The Illinois EPA is proposing to add a definition for flat glass. Such definition is
necessary for Subpart F.
Section 211.2625
Glass Melting Furnace
The Illinois EPA is proposing to add a definition for glass melting furnace. Such
definition is necessary for applicability under Subpart F.
14

 
Section 211.3100
Industrial Boiler
The Illinois EPA is proposing to add a definition for industrial boiler. Such definition
is necessary for applicability under Subpart
D.
Section 211.3355
Lime Kiln
The Illinois EPA is proposing to add a definition for lime kiln. Such definition is
necessary for Subpart G.
Section 211.3475
Load Shaving Unit
The Illinois EPA is proposing to add a definition for load shaving unit, because the
term is included in the definition of auxiliary boiler.
Section 211.4280
Other Glass
The Illinois EPA is proposing to add a definition for other glass. Such definition is
necessary for Subpart F.
Section 211.5195
Process Heater
The Illinois EPA is proposing to add a definition for process heater. Such definition
is necessary for Subpart E.
35 Ill. Adm. Code 217
Subpart A: General Provisions
Section 217.100
Scope and Organization
The Illinois EPA is proposing to amend subsection (b) of this Section to state that
permits for sources subject to Part 217 may be required under Section 39.5 of the Act, in
addition to 35 Ill. Adm. Code Part 201.
15

 
Section 217.104
Incorporations by Reference
The Illinois EPA is proposing to add test methods under 40 CFR Part 60 and
Alternative Control Techniques Documents.
Section 217.121
New Emission Sources
The Illinois EPA is proposing to repeal this Section.
Subpart B: Existing Fuel Combustion Emission Sources
Section 217.141
Existing Emission Sources in Major Metropolitan Areas
The Illinois EPA proposes to amend this Section by changing the term "source" to
"unit" and also state that the Section does not apply to emission units that are subject to the
emissions limitations of Subpart D, E, F, G, H, M, or Q of Part 217.
Subpart C: NO
x
General Requirements
Section 217.150
Applicability
This Section addresses the applicability of proposed new Subparts C, D, E, F, G, H,
and M of Part 217. Subsection (a) provides that Subparts C, D, E, F, G, H, and M of Part 217
apply to all sources that are located in either one of the following areas and that emit or have
the potential to emit NO
x
in an amount equal to or greater than 100 tons per year: (A) The
area composed of the Chicago area counties of Cook, DuPage, Kane, Lake, McHenry, and
Will, the Townships of Aux Sable and Goose Lake in Grundy County, and the Township of
Oswego in Kendall County; or (B) The area composed of the Metro East area counties of
Jersey, Madison, Monroe, and St. Clair, and the Township of Baldwin in Randolph County.
Subsection (a) also provides that Subparts C, D, E, F, G, H, and M of Part 217 apply to any
industrial boiler, process heater, glass melting furnace, cement kiln, lime kiln, iron and steel
reheat, annealing, or galvanizing furnace, aluminum reverberatory or crucible furnace, or
16

 
fossil fuel-fired stationary boiler at such sources that emits NO
x in an amount equal to or
greater than 15 tons per year and equal to or greater than five tons per ozone season.
Subsection (b) provides that if a source ceases to fulfill the emissions criteria of
subsection (a) of this Section, the requirements of Subpart D, E, F, G, H, or M of Part 217
continue to apply to any emission unit that was ever subject to the provisions of Subpart D,
E, F, G, H, or M or Part 217. Subsection (c) provides that the provisions of Subpart C do not
apply to afterburners, flares, and incinerators.
Subsection (d) provides that where a construction permit, for which the application
was submitted to the Agency prior to the adoption of Subpart C, is issued that relies on
decreases in emissions of NO
x
from existing emission units for purposes of netting or
emission offsets, such NO
x
decreases remain creditable notwithstanding any requirements
that may apply to the existing emission units pursuant to Subpart C and Subpart D, E, F, G,
H, or M of Part 217.
Section 217.152
Compliance Date
Subsection (a) provides that compliance with the requirements of Subparts D, E, F, G,
H, and M by an owner or operator of an emission unit that is subject to any one of those
subparts is required beginning May 1, 2010.. Subsection (b) provides that the first annual
compliance period is May 1, 2010, through April 30, 2011, and then on a calendar year basis
thereafter. In addition, the owner or operator of an emission unit that is subject to Subpart D,
E, F, G, H, or M must operate such unit in a manner consistent with good air pollution
control practice to minimize NO
x emissions.
17

 
Section 217.154
Performance Testing
This Section specifies the performance testing requirements for emission units subject
to Subpart D, E, F, G, or H of Part 217. Subsection (a) states that such testing for emission
units constructed on or before December 1, 2009, and subject to one of those subparts must
be conducted in accordance with Section 217.157 (Testing and Monitoring) of Subpart C.
However, subsection (a) does not apply to owners and operators of emission units
demonstrating compliance through a continuous emissions monitoring system.
Subsection (b) provides that performance testing of NO
x
emissions for emission units
constructed or modified after December 1, 2009, and subject to one of those subparts must be
conducted within 60 days of achieving maximum operating rate but no later than 180 days
after initial startup of the new or modified emission unit, in accordance with Section 217.157
(Testing and Monitoring) of Subpart C. Subsection (b), however, does not apply to owners
and operators of emission units demonstrating compliance through a continuous emissions
monitoring system.
Subsection (c) provides that notification of the initial startup of an emission unit
subject to subsection (b) of this Section must be provided to the Agency no later than 30 days
after initial startup. Subsection (d) states that the owner or operator of an emission unit
subject to subsection (a) or (b) of this Section must notify the Agency of the scheduled date
for the performance testing at least 30 days in writing before such date and five days before
such date.
Subsection (e) provides that if demonstrating compliance through an emissions
averaging plan, at least 30 days before changing the method of compliance, the owner or
operator of an emission unit must submit a written notification to the Agency describing the
18

 
new method of compliance, the reason for the change in the method of compliance, and the
scheduled date for the compliance demonstration testing, if required. This subsection also
provides that upon changing the method of compliance, the owner or operator of an emission
unit must submit to the Agency a revised compliance certification that meets the
requirements of Section 217.155 of Subpart C.
Section 217.155
Initial Compliance Certification
This Section sets forth the requirements for owners or operators of an emission unit
subject to proposed new Subpart D, E, F, G, H, or M of Part 217 pertaining to initial
compliance certifications. Subsection (a) states that by May 1, 2010, an owner or operator of
an emission unit subject to Subpart D, E, F, G, or H of Part 217 who is not demonstrating
compliance through the use of a continuous emissions monitoring system must certify to the
Agency that the emission unit will be in compliance with the applicable emissions limitation
of Subpart D, E, F, G, or H of Part 217 beginning May 1, 2010. Such performance testing
certification must include the results of the performance testing performed in accordance
with Sections 217.154(a) and (b) of Subpart C and the calculations necessary to demonstrate
that the subject emission unit will be in initial compliance.
Subsection (b) provides that by May 1, 2010, an owner or operator of an emission
unit subject to Subpart D, E, F, G, H, or M of Part 217 who is demonstrating compliance
through a continuous emissions monitoring system must certify to the Agency that the
affected emission units will be in compliance with the applicable emissions limitation of
Subpart D, E, F, G, or H of Part 217 beginning May 1, 2010. Such compliance certification
must include a certification of the installation and operation of a continuous emissions
monitoring system required under Section 217.157 of Subpart C and the monitoring data
19

 
necessary to demonstrate that the subject emission unit will be in initial compliance.
Section 217.156
Recordkeeping and Reporting
This Section contains the recordkeeping and reporting requirements for the owner or
operator of a source subject to proposed new Subpart D, E, F, G, H, or M of Part 217.
Subsection (a) provides that the owner or operator of a source subject to Subpart D, E, F, G,
H, or M must keep and maintain all records used to demonstrate initial compliance and
ongoing compliance with the requirements of those Subparts. This subsection also provides
that except as otherwise provided under those Subparts, copies of such records must be
submitted by the owner or operator of the source to the Agency within 30 days after receipt
of a written request by the Agency, and such records must be kept a the source and
maintained for at least five years and must be available for inspection and copying by the
Agency.
Subsection (b) states that the owner or operator of an emission unit subject to Subpart
D, E, F, G, H, or M must maintain the following records that demonstrate compliance with
the applicable subpart: (1) Identification, type (e.g., gas-fired), and location of each unit; (2)
Calendar date of record; (3) Monthly, seasonal, and annual operating hours; (4) Type and
quantity of each fuel used monthly, seasonally, and annually; (5) Product and material
throughput, as applicable; (6) Reports for all applicable emissions tests for NO
)
, conducted on
the unit, including results; (7) The date, time, and duration of any startup, shutdown, or
malfunction in the operation of any emission unit subject to Subpart D, E, F, G,
H,
or M or
any emissions monitoring equipment, and the records must include a description of the
malfunction and corrective maintenance activity; (8) A log of all maintenance and
inspections related to the unit's air pollution control equipment for NO
), that is performed on
20

 
the unit; (9) A log for the NO,, monitoring device, if present, including periods when not in
service and maintenance and inspection activities that are performed on the device; (10)
Identification of time periods for which operating conditions and pollutant data were not
obtained by the continuous emissions monitoring system including the reasons for not
obtaining sufficient data and a description of corrective actions taken; and (11) If complying
with the emissions averaging plan provisions of Section 217.158 of Subpart C, copies of the
calculations used to demonstrate compliance with the ozone season and annual control period
limitations, noncompliance reports for the ozone season, and ozone and annual control period
compliance reports submitted to the Agency.
Subsection (c) provides that the owner or operator of an industrial boiler subject to
Subpart D must maintain records in order to demonstrate compliance with the combustion
tuning requirements under Section 217.166, and subsection (d) provides that the owner or
operator of a process heater subject to Subpart E must maintain records in order to
demonstrate compliance with the combustion tuning requirements under Section 217.186.
Subsection (e) states that the owner or operator of an emission unit subject to Subpart D, E,
F, G, H, or M must maintain records in order to demonstrate compliance with the testing and
monitoring requirements under Section 217.157.
Subsection (f) states that the owner or operator of an emission unit subject to Subpart
D, E, F, G, or H must provide the following submissions with respect to performance testing
pursuant to Section 217.157(a)(4) or (b)(2): (1) Submit a testing protocol to the Agency at
least 60 days prior to testing; (2) Notify the Agency at least 30 days in writing prior to
conducting performance testing for NO„ emissions and five days prior to such testing; (3)
Not later than 60 days after the completion of the test, submit the results of the test to the
21

 
Agency; and (4) 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 test as scheduled, the owner or
operator of the unit must notify the Agency as soon as practicable of the delay in the original
test date, either by providing at least seven days' prior notice of the rescheduled date of the
test or by arranging a new test date with the Agency by mutual agreement.
Subsection (g) provides that the owner or operator of an emission unit subject to
Subpart D, E, F, G, H, or M must notify the Agency of any exceedances of an applicable
emissions limitation of Subpart D, E, F, G, H, or M by sending the applicable report with an
explanation of the causes of such exceedances to the Agency within 30 days following the
end of the applicable compliance period in which the emissions limitation was not met.
Subsection (h) provides that within 30 days of the receipt of a written request by the Agency,
the owner or operator of an emission unit that is exempt from the requirements of Subpart D,
E, F, G, H, or M must submit records that document that the emission unit is exempt from
those requirements to the Agency.
Subsection (i) states that if demonstrating compliance through an emissions averaging
plan, by March 1 following the applicable calendar year, the owner or operator must submit
to the Agency a report that demonstrates the following: (1) 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; (2) The total mass of actual NO„ emissions for the ozone
season and annual control period for each unit included in the averaging plan; and (3) The
calculations that demonstrate that the total mass of actual NO„ emissions are less than the
total mass of allowable NO
)
, emissions using equations in Section 217.158(f); and (4) The
information required to determine the total mass of actual NO
)
, emissions.
22

 
Subsection (j) provides that the owner or operator of an emission unit subject to
Subpart D, E, F, G, H, or M and demonstrating compliance through the use of a continuous
emissions monitoring system must submit to the Agency a report within 30 days after the end
of each calendar quarter. This report must include the following: (1) Information identifying
and explaining the times and dates when continuous emission monitoring for NO„ was not in
operation, other than for purposes of calibrating or performing quality assurance or quality
control activities for the monitoring equipment; and (2) An excess emissions and monitoring
systems performance report in accordance with the requirements of 40 CFR 60.7(c) and (d)
and 60.13, or 40 CFR Part 75, or an alternate procedure approved by the Agency and
USEPA. Subsection (k) states that the owner or operator of an emission unit subject to
Subpart M must comply with the compliance certification and recordkeeping and reporting
requirements in accordance with 40 CFR 96, or an alternate procedure approved by the
Agency and USEPA.
Section 217.157
Testing and Monitoring
This Section sets forth the testing and monitoring requirements that apply to owners
or operators of emission units subject to Subpart D, E, F, G, H, or M. Subsection (a) includes
the provisions applicable to owners and operators of industrial boilers subject to Subpart D
and process heaters subject to Subpart E. Subsection (a)(1) provides that the owner or
operator of an industrial boiler subject to Subpart D with a rated heat input capacity greater
than 250 nunBtu/hr must install, calibrate, maintain, and operate a continuous emissions
monitoring system on the emission unit for the measurement of NO„ emissions discharged
into the atmosphere in accordance with 40 CFR Part 75.
23

 
Subsection (a)(2) provides that the owner or operator of an industrial boiler subject to
Subpart D with a rated heat input capacity greater than 100 mmBtu/hr but less than or equal
to 250 mmBtu/hr must install, calibrate, maintain, and operate a continuous emissions
monitoring system on such emission unit for the measurement of NO„ emissions discharged
into the atmosphere in accordance with 40 CFR Part 60, Subpart A, and Appendix B,
Performance Specifications 2 and 3, and Appendix F, Quality Assurance Procedures.
Subsection (a)(3) states that the owner or operator of a process heater subject to
Subpart E with a rated heat input capacity greater than 100 mmBtu/hr must install, calibrate,
maintain, and operate a continuous emissions monitoring system on the emission unit for the
measurement of NO
)
, emissions discharged into the atmosphere in accordance with 40 CFR
60, Subpart A, and Appendix B, Performance Specifications 2 and 3, and Appendix F,
Quality Assurance Procedures.
Subsection (a)(4) provides that, if demonstrating compliance through an emissions
averaging plan, the owner or operator of an industrial boiler subject to Subpart D, or a
process heater subject to Subpart E, with a rated heat input capacity less than or equal to 100
mmBtu/hr and not demonstrating compliance through a continuous emissions monitoring
system must have an initial performance test conducted pursuant to subsection (a)(4)(B) of
this Section and Section 217.154. Subsection (a)(4)(A) sets forth the time frames when
subsequent performance tests are required to be conducted. Subsection (a)(4)(B) provides
that the owner or operator of an industrial boiler or process heater must conduct a
performance test using 40 CFR Part 60, Subpart A, and Appendix A, Method 1, 2, 3, 4, 7E,
or 19. This subsection also sets forth the requirements for such performance tests.
24

 
Subsection (a)(5) states that instead of complying with the requirements of
subsections (a)(4), (a)(4)(A), and (a)(4)(B) of this Section, an owner or operator of an
industrial boiler subject to Subpart D of this Part, or a process heater subject to Subpart E of
this Part, with a rated heat input capacity less than or equal to 100 mmBtu/hr may install and
operate a continuous emissions monitoring system on such emission unit that meets the
applicable requirements of 40 CFR Part 60, Subpart A, and Appendix B, Performance
Specifications 2 and 3, and Appendix F, Quality Assurance Procedures. The continuous
emissions monitoring system must be used to demonstrate compliance with the applicable
emissions limitation or emissions averaging plan on an ozone season and annual basis.
Subsection (a)(6) provides that, notwithstanding subsection (a)(2) of this Section, the
owner or operator of an auxiliary boiler subject to Subpart D of this Part with a rated heat
input capacity less than or equal to 250 mmBtu/hr and a capacity factor of less than or equal
to 20% is not required to install, calibrate, maintain, and operate a continuous emissions
monitoring system on such boiler for the measurement of NO
x
emissions discharged into the
atmosphere, but must comply with the performance test requirements under subsections
(a)(4), (a)(4)(A), and (a)(4)(B) of this Section.
Subsection (b) includes the provisions applicable to owners and operators of glass
melting furnaces subject to Subpart F, cement and lime kilns subject to Subpart G, iron and
steel reheat, annealing, or galvanizing furnaces subject to Subpart H, and aluminum
reverberatory and crucible furnaces subject to Subpart H. Subsection (b)(1) states that an
owner or operator of such an emission unit that has the potential to emit NO
x in an amount
equal to or greater than one ton per day must install, calibrate, maintain, and operate a
continuous emissions monitoring system on such emission unit for the measurement of NOx
25

 
emissions discharged into the atmosphere in accordance with 40 CFR Part 60, Subpart A, and
Appendix B, Performance Specifications 2 and 3, and Appendix F, Quality Assurance
Procedures.
Subsection (b)(2) provides that an owner or operator of a glass melting furnace,
cement kiln or lime kiln, iron and steel reheat, annealing, or galvanizing furnace, or
aluminum reverberatory or crucible furnace that has the potential to emit NO
)
, in an amount
less than one ton per day must have an initial performance test conducted pursuant to
subsection (b)(4) of this Section and Section 217.154. Subsection (b)(3) sets forth the time
frames when subsequent performance tests are required to be conducted.
Subsection (b)(4) sets forth the test methods that are required to be utilized in
conducting performance tests. This subsection also sets forth the requirements for such
performance tests.
Subsection (b)(5) states that instead of complying with the requirements of
subsections (b)(2), (b)(3), and (b)(4) of this Section, an owner or operator of a glass melting
furnace, cement kiln or lime kiln, iron and steel reheat, annealing, or galvanizing furnace, or
aluminum reverberatory or crucible furnace that has the potential to emit NO„ in an amount
less than one ton per day may install and operate a continuous emissions monitoring system
on such emission unit that meets the applicable requirements of 40 CFR Part 60, Subpart A,
and Appendix B, Performance Specifications 2 and 3, and Appendix F, Quality Assurance
Procedures. The continuous emissions monitoring system must be used to demonstrate
compliance with the applicable emissions limitation or emissions averaging plan on an ozone
season and annual basis.
26

 
Subsection (c) provides that owner or operator of a fossil fuel-fired stationary boiler
subject to Subpart M must install, calibrate, maintain, and operate a continuous emissions
monitoring system on such emission unit for the measurement of NO„ emissions discharged
into the atmosphere in accordance with 40 CFR Part 96, Subpart H. Subsection (d) states
that if two or more emission units subject to Subpart D, E, F, G, H, M, or Q are served by a
common stack and the owner or operator of such emission units is operating a continuous
emissions monitoring system, the owner or operator may, with written approval from the
Agency, utilize a single continuous emissions monitoring system for the combination of
emission units subject to Subpart D, E, F, G, H, M, or Q that share the common stack,
provided such emission units are subject to an emissions averaging plan under this Part.
Section 217.158
Emissions Averaging Plans
This Section sets forth the provisions pertaining to emissions averaging plans.
Subsection (a) provides that notwithstanding any other emissions averaging plan provisions
under Part 217, an owner or operator of a source with certain emission units subject to
Subpart D, E, F, G, H, or M, or subject to Subpart Q that are located in either one of the areas
set forth under Section 217.150(a)(1)(A) or (B), may demonstrate compliance with the
applicable subpart through an emissions averaging plan. An emissions averaging plan can
only address emission units that are located at one source and each unit may only be covered
by one emissions averaging plan. Such emission units at the source are affected units and are
subject to the requirements set forth under this Section.
Subsection (a)(1) provides that the following units may be included in an emissions
averaging plan: (A) Units that commenced operation on or before January 1, 2002; (B) Units
that the owner or operator may claim as exempt under Subpart D, E, F, G, H, or M, as
27

 
applicable, but does not claim exempt; and (C) Units that commence operation after January
1, 2002, if the unit replaces a unit that commenced operation on or before January 1, 2002, or
it replaces a unit that replaced a unit that commenced operation on or before January 1, 2002.
Subsection (a)(2) also sets forth the following types of units that may not be included in an
emissions averaging plan: (A) Units that commence operation after January 1, 2002, except
as provided by subsection (a)(1)(C) of this Section; (B) Units that the owner or operator is
claiming are exempt under Subpart D, E, F, G, H, or M, as applicable; and (3) Units that are
required to meet emission limits for NO
x
as provided for in an enforceable order, unless such
order specifically provides for operation pursuant to an emissions averaging plan.
Subsection (b) provides that an owner or operator must submit an emissions
averaging plan to the Agency by May 1, 2010, and such plan must include, but is not limited
to, the list of affected units included in the plan by unit identification number and a sample
calculation demonstrating compliance using the methodology provided in subsection (f) of
this Section for the ozone season (May 1 through September 30) and calendar year (January
1 through December 31).
Subsection (c) states that an owner or operator may amend an emissions averaging
plan only once per calendar year. Such 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.
Subsection (d) provides that, notwithstanding subsection (c) of this Section, if a unit
that is listed in an emissions averaging plan is taken out of service, the owner or operator
must submit to the Agency, within 30 days of such occurrence, an updated emissions
28

 
averaging plan; or if a unit that is exempt from the requirements of Subpart D, E, F, G, H, or
M, as applicable, no longer qualifies for an exemption, the owner or operator may amend its
existing averaging plan to include such unit within 30 days of the unit no longer qualifying
for the exemption.
Subsection (e) states that an owner or operator must (1) demonstrate compliance for
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 data or test data determined pursuant to Section 217.157, and the actual
hours of operation for the applicable averaging plan period; and (2) submit to the Agency by
March 1 following each calendar year, a compliance report containing the information
required by Section 217.156(i).
Subsection (f) provides that 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. This
subsection also includes the equations to be used to determine compliance.
Subsection (g) states that the owner or operator of an emission unit subject to Subpart
Q of this Part that is located in either one of the areas set forth under Section
217.150(a)(1)(A) or (B) of this Subpart that is complying through an emissions averaging
plan under this Section must comply with the applicable provisions for determining actual
and allowable emissions under Section 217.390 of Subpart Q, the testing and monitoring
requirements under Section 217.394 of Subpart Q, and the recordkeeping and reporting
requirements under Section 217.396 of Subpart Q.
29

 
Subpart D: Industrial Boilers
Section 217.160
Applicability
This Section under subsection (a) states that the provisions of Subparts C and D apply
to all industrial boilers located at sources subject to Subpart D pursuant to Section 217.150 of
Part 217 (i.e., (1) All sources that are located in either one of the following areas and that
emit or have the potential to emit NO„ in an amount equal to or greater than 100 tons per
year: (A) the area composed of the Chicago area counties of Cook, DuPage, Kane, Lake,
McHenry, and Will, the Townships of Aux Sable and Goose Lake in Grundy County, and the
Township of Oswego in Kendall County or (B) the area composed of the Metro East area
counties of Jersey, Madison, Monroe, and St. Clair, and the Township of Baldwin in
Randolph County; and (2) Any industrial boiler, process heater, glass melting furnace,
cement kiln, lime kiln, iron and steel reheat, annealing, or galvanizing furnace, aluminum
reverberatory or crucible furnace, or fossil fuel-fired stationary boiler at such sources that
emits NO„ in an amount equal to or greater than 15 tons per year and equal to or greater than
five tons per ozone season). Subsection (b) states that the provisions of Subpart D do not
apply to boilers serving a generator that has a nameplate capacity of 25 MWe or less and
produces electricity for sale, and cogeneration units, as that term is defined in Section
225.130 of Part 225, if such boilers or cogeneration units are subject to the CAIR NO„
Trading Programs under Subpart D or E of Part 225. Subsection (c) provides that the
provisions of Subpart D do not apply to fluidized catalytic cracking units, their regenerator
and associated CO boiler or boilers and CO furnace or furnaces where present, that
commenced operation prior to January 1, 2008, if such units are located at a petroleum
30

 
refinery and such units are required to meet emission limits for NO„ as provided for in an
enforceable order.
Section 217.162
Exemptions
This Section sets forth the types of industrial boilers that are exempt from the
provisions of Subpart D. Such exemption includes an industrial boiler operating under a
federally enforceable limit of NO
x
emissions from such boiler to less than 15 tons per year
and less than five tons per ozone season.
Section 217.164
Emissions Limitations
This Section sets forth the emissions limitations or other requirement applicable to
industrial boilers subject to Subpart D. On and after May 1, 2010, no person shall cause or
allow emissions of NO
)
, into the atmosphere from any industrial boiler to exceed the
'limitations set forth under this Section. Compliance must be demonstrated with the ,
applicable emissions limitation on an ozone season and annual basis.
Section 217.165
Combination of Fuels
This Section states that the owner or operator of an industrial boiler subject to Subpart
D and operated with any combination of fuels must comply with a heat input weighted
average emissions limitation to demonstrate compliance with Section 217.164.
Section 217.166
Methods and Procedures for Combustion Tuning
This Section specifies that the owner or operator of an industrial boiler subject to the
combustion tuning requirements of Section 217.164 must have combustion tuning performed
on the boiler at least annually. The combustion tuning must be performed by an employee of
the owner or operator or a contractor who has successfully completed a training course on the
combustion tuning of boilers firing the fuel or fuels that are fired in the boiler. The owner or
31

 
operator must maintain the following records that must be made available to the Agency
upon request: (1) The date the combustion tuning was performed; (2) The name, title, and
affiliation of the person who performed the combustion tuning; (3) Documentation
demonstrating the provider of the combustion tuning training course, the dates the training
course was taken, and proof of successful completion of the training course; (4) Tune-up
procedure and checklist of items (such as burners, flame conditions, air supply, scaling on
heating surface, etc.) inspected prior to the actual tune-up; and (5) Operating parameters
recorded at the start and at conclusion of combustion tuning.
Subpart E: Process Heaters
Section 217.180
Applicability
This Section states that the provisions of Subparts C and E apply to all process
heaters located at sources subject to Subpart E pursuant to Section 217.150 of Part 217 (i,e.,
(1) All sources that are located in either one of the following areas and that emit or have the
potential to emit NO
x
in an amount equal to or greater than 100 tons per year: (A) the area
composed of the Chicago area counties of Cook, DuPage, Kane, Lake, McHenry, and Will,
the Townships of Aux Sable and Goose Lake in Grundy County, and the Township of
Oswego in Kendall County or (B) the area composed of the Metro East area counties of
Jersey, Madison, Monroe, and St. Clair, and the Township of Baldwin in Randolph County;
and (2) Any industrial boiler, process heater, glass melting furnace, cement kiln, lime kiln,
iron and steel reheat, annealing, or galvanizing furnace, aluminum reverberatory or crucible
furnace, or fossil fuel-fired stationary boiler at such sources that emits NO„ in an amount
equal to or greater than 15 tons per year and equal to or greater than five tons per ozone
season).
32

 
Section 217.182
Exemptions
This Section sets forth the types of process heaters that are exempt from the
provisions of Subpart E. Such exemption includes a process heater operating under a
federally enforceable limit of nitrogen oxide emissions from such heater to less than 15 tons
per year and less than five tons per ozone season.
Section 217.184
Emissions Limitations
This Section sets forth the emissions limitations or other requirement applicable to
process heaters subject to Subpart E. On and after May 1, 2010, no person shall cause or
allow emissions of nitrogen oxides into the atmosphere from any process heater to exceed the
limitations set forth under this Section. Compliance must be demonstrated with the
applicable emissions limitation on an ozone season and annual basis.
Section 217.185
Combination of Fuels
This Section states that the owner or operator of a process heater subject to Subpart E
and operated with any combination of fuels must comply with a heat input weighted average
emissions limitation to demonstrate compliance with Section 217.184.
Section 217.186
Methods and Procedures for Combustion Tuning
This Section specifies that the owner or operator of a process heater subject to the
combustion tuning requirements of Section 217.184 must have combustion tuning performed
on the heater at least annually. The combustion tuning must be performed by an employee of
the owner or operator or a contractor who has successfully completed a training course on the
combustion tuning of heaters firing the fuel or fuels that are fired in the heater. The owner or
operator must maintain the following records that must be made available to the Agency
upon request: (1) The date the combustion tuning was performed; (2) The name, title, and
33

 
affiliation of the person who performed the combustion tuning; (3) Documentation
demonstrating the provider of the combustion tuning training course, the dates the training
course was taken, and proof of successful completion of the training course; (4) Tune-up
procedure and checklist of items (such as burners, flame conditions, air supply, scaling on
heating surface, etc.) inspected prior to the actual tune-up; and (5) Operating parameters
recorded at the start and at conclusion of combustion tuning.
Subpart F: Glass Melting Furnaces
Section 217.200
Applicability
This Section states that the provisions of Subparts C and F apply to all glass melting
furnaces located at sources subject to Subpart F pursuant to Section 217.150 of Part 217 (i.e.,
(1) All sources that are located in either one of the following areas and that emit or have the
potential to emit NO
x
in an amount equal to or greater than 100 tons per year: (A) the area
composed of the Chicago area counties of Cook, DuPage, Kane, Lake, McHenry, and Will,
the Townships of Aux Sable and Goose Lake in Grundy County, and the Township of
Oswego in Kendall County or (B) the area composed of the Metro East area counties of
Jersey, Madison, Monroe, and St. Clair, and the Township of Baldwin in Randolph County;
and (2) Any industrial boiler, process heater, glass melting furnace, cement kiln, lime kiln,
iron and steel reheat, annealing, or galvanizing furnace, aluminum reverberatory or crucible
furnace, or fossil fuel-fired stationary boiler at such sources that emits NO„ in an amount
equal to or greater than 15 tons per year and equal to or greater than five tons per ozone
season).
34

 
Section 217.202
Exemptions
This Section sets forth the types of glass melting furnaces that are exempt from the
provisions of Subpart F. Such exemption includes a glass melting furnace operating under a
federally enforceable limit of nitrogen oxide emissions from such furnace to less than 15 tons
per year and less than five tons per ozone season.
Section 217.204
Emissions Limitations
This Section sets forth the emissions limitations applicable to glass melting furnaces
subject to Subpart F. On and after May 1, 2010, no person shall cause or allow emissions of
nitrogen oxides into the atmosphere from any glass melting furnace to exceed the limitations
set forth under this Section. Compliance must be demonstrated with the emissions
limitations on an ozone season and annual basis.
Subpart G: Cement and Lime Kilns
Section 217.220
Applicability
This Section states that the provisions of Subparts C and G apply to all cement kilns,
notwithstanding Subpart T of Part 217, and all lime kilns located at sources subject to
Subpart G pursuant to Section 217.150 of Part 217 (i.e., (1) All sources that are located in
either one of the following areas and that emit or have the potential to emit NO,, in an amount
equal to or greater than 100 tons per year: (A) the area composed of the Chicago area
counties of Cook, DuPage, Kane, Lake, McHenry, and Will, the Townships of Aux Sable and
Goose Lake in Grundy County, and the Township of Oswego in Kendall County or (B) the
area composed of the Metro East area counties of Jersey, Madison, Monroe, and St. Clair,
and the Township of Baldwin in Randolph County; and (2) Any industrial boiler, process
heater, glass melting furnace, cement kiln, lime kiln, iron and steel reheat, annealing, or
35

 
galvanizing furnace, aluminum reverberatory or crucible furnace, or fossil fuel-fired
stationary boiler at such sources that emits NO
x
in an amount equal to or greater than 15 tons
per year and equal to or greater than five tons per ozone season).
Section
217.222
Exemptions
This Section sets forth the types of cement kilns and lime kilns that are exempt from
the provisions of Subpart G. Such exemption includes a cement kiln or lime kiln operating
under a federally enforceable limit of nitrogen oxide emissions from such kiln to less than 15
tons per year and less than five tons per ozone season.
Section
217.224
Emissions Limitations
This Section sets forth the emissions limitations applicable to cement kilns and lime
kilns subject to Subpart G. On and after May 1, 2010, no person shall cause or allow
emissions of nitrogen oxides into the atmosphere from any such kiln to exceed the limitations
set forth under this Section. Compliance must be demonstrated with the applicable emissions
limitation on an ozone season and annual basis.
Subpart H: Iron and Steel and Aluminum Manufacturing
Section 217.240
Applicability
This Section states that the provisions of Subparts C and H apply to all reheat,
annealing, and galvanizing furnaces used in iron and steel making and all reverberatory and
crucible furnaces used in aluminum melting located at sources subject to Subpart H pursuant
to Section 217.150 of Part 217 (i.e., (1) All sources that are located in either one of the
following areas and that emit or have the potential to emit NO
x
in an amount equal to or
greater than 100 tons per year: (A) the area composed of the Chicago area counties of Cook,
DuPage, Kane, Lake, McHenry, and Will, the Townships of Aux Sable and Goose Lake in
36

 
Grundy County, and the Township of Oswego in Kendall County or (B) the area composed
of the Metro East area counties of Jersey, Madison, Monroe, and St. Clair, and the Township
of Baldwin in Randolph County; and (2) Any industrial boiler, process heater, glass melting
furnace, cement kiln, lime kiln, iron and steel reheat, annealing, or galvanizing furnace,
aluminum reverberatory or crucible furnace, or fossil fuel-fired stationary boiler at such
sources that emits NO
x
in an amount equal to or greater than 15 tons per year and equal to or
greater than five tons per ozone season).
Section 217.242
Exemptions
This Section sets forth the types of furnaces that are exempt from the provisions of
Subpart H. Such exemption includes an iron and steel reheat, annealing, or galvanizing
furnace or aluminum reverberatory or crucible furnace operating under a federally
enforceable limit of nitrogen oxide emissions from such kiln to less than 15 tons per year and
less than five tons per ozone season.
Section 217.244
Emissions Limitations
This Section sets forth the emissions limitations applicable to furnaces subject to
Subpart H. On and after May 1, 2010, no person shall cause or allow emissions of nitrogen
oxides into the atmosphere from any such furnace to exceed the limitations set forth under
this Section. Compliance must be demonstrated with the applicable emissions limitation on
an ozone season and annual basis.
Subpart M: Electrical Generating Units
Section 217.340
Applicability
This Section states that, notwithstanding Subpart V or W of Part 217, the provisions
of Subparts C and M apply to all fossil fuel-fired stationary boilers subject to the CAIR NOx
37

 
Trading Programs under Subpart D or E of Part 225 located at sources subject to Subpart M
pursuant to Section 217.150 of Part 217 (i.e., (1) All sources that are located in either one of
the following areas and that emit or have the potential to emit NO„ in an amount equal to or
greater than 100 tons per year: (A) the area composed of the Chicago area counties of Cook,
DuPage, Kane, Lake, McHenry, and Will, the Townships of Aux Sable and Goose Lake in
Grundy County, and the Township of Oswego in Kendall County or (B) the area composed
of the Metro East area counties of Jersey, Madison, Monroe, and St. Clair, and the Township
of Baldwin in Randolph County; and (2) Any industrial boiler, process heater, glass melting
furnace, cement kiln, lime kiln, iron and steel reheat, annealing, or galvanizing furnace,
aluminum reverberatory or crucible furnace, or fossil fuel-fired stationary boiler at such
sources that emits NO„ in an amount equal to or greater than 15 tons per year and equal to or
greater than five tons per ozone season).
Section 217.342
Exemptions
This Section sets forth the types of stationary boilers that are exempt from the
provisions of Subpart M. Such exemptions include a fossil fuel-fired stationary boiler
operating under a federally enforceable limit of nitrogen oxide emissions from such boiler to
less than 15 tons per year and less than five tons per ozone season and a coal-fired stationary
boiler that commenced operation before January 1, 2008, that is complying with the multi-
pollutant standard under Section 225.233 of Part 225 or the combined pollutant standards
under Subpart F of Part 225.
Section 217.344
Emissions Limitations
This Section sets forth the emissions limitations applicable to fossil fuel-fired
stationary boilers subject to Subpart M. On and after May 1, 2010, no person shall cause or
38

 
allow emissions of nitrogen oxides into the atmosphere from any such boiler to exceed the
limitations set forth under this Section. Compliance must be demonstrated with the
applicable emissions limitation on an ozone season and annual basis.
Section 217.345
Combination of Fuels
This Section states that the owner or operator of a fossil fuel-fired stationary boiler
subject to Subpart M and operated with any combination of fuels must comply with a heat
input weighted average emissions limitation to demonstrate compliance with Section
217.344.
IX. CONCLUSION
For the reasons stated above, the Illinois EPA hereby submits this regulatory proposal
and requests the Board to adopt these rules. for the State of Illinois.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
B
Gina Roccaforte
Assistant Counsel
Division of Legal Counsel
DATED: May 8, 2008
1021 N. Grand Ave. East
P.O. Box 19276
Springfield, IL 62794-9276
(217) 782-5544
39

 
STATE OF ILLINOIS
SS
COUNTY OF SANGAMON
CERTIFICATE OF SERVICE
I, the undersigned, an attorney, state that I have served the attached RULEMAKING
PROPOSAL entitled "AMENDMENTS TO 35 ILL. ADM. CODE 217, NITROGEN OXIDES
EMISSIONS, AND 35 ILL. ADM. CODE 211," MOTION FOR WAIVER OF COPY
REQUIREMENTS, AND APPEARANCES upon the person to whom it is directed, by placing a
copy in an envelope addressed to:
John Therriault
Matthew Dunn
Assistant Clerk
Chief
Illinois Pollution Control Board
Division of Environmental Enforcement
James R. Thompson Center
Office of the Attorney General
100 West Randolph St., Suite 11-500
69 W. Washington St., Suite 1800
Chicago, IL 60601-3218
Chicago, IL 60602
(First Class Mail)
(First Class Mail)
Virginia Yang
Deputy Counsel
Illinois Department of Natural Resources
One Natural Resources Way
Springfield, IL 62702
(First Class Mail)
and mailing it from Springfield, Illinois, with sufficient postage affixed, as indicated above.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Gina Roccaforte
Assistant Counsel
Division of Legal Counsel
Dated: May 8, 2008
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
(217) 782-5544

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