Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
Page 11
Page 12
Page 13
Page 14
Page 15
Page 16
Page 17
Page 18
Page 19
Page 20
Page 21
Page 22
Page 23
Page 24
Page 25
Page 26
Page 27
Page 28
Page 29
Page 30
Page 31
Page 32
Page 33
Page 34
Page 35
Page 36
Page 37
Page 38
Page 39
Page 40
Page 41
Page 42
Page 43
Page 44
Page 45
Page 46
Page 47
Page 48
Page 49
Page 50
Page 51
Page 52
Page 53
Page 54
Page 55

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

u u

2008

STATE

ILLINOIS

Pollution Control

Board

TABLE OF CONTENTS OF REGULATORY SUBMITTAL

Notice of Filing

Appearances of Gina Roccaforte, Assistant Counsel, and Dana Vetterhoffer,

Assistant Counsel, for the Illinois Environmental Protection Agency

Statement of Submittal by Director Douglas P. Scott

Certificate of Origination

Motion for Waiver of Copy Requirements

Statement of Reasons

Proposed Amendments to 35 Ill. Adm. Code 211 and 217

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

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

NOTICE

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

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

LERK'S OFFICE

MAY 0 9 2008

BEFORE THE ILLINOIS POLLUTION CONTROL BOARDPollution

STATE

OF ILLINOIS

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

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

TATE

Control

ILL

INOIS

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

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

-ERK

OFFICE

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

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

Viifft

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:

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.

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.

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.

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.

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

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:

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

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

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

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

Attachment

The Clean Air Act, as amended in 1990 (42 U.S.C. § 7401

et seq.).

Illinois Environmental Protection Act (415 ILCS 5/1

et seq.).

*Energy & Environmental Analysis, Inc., "Characterization of the U.S. Boiler

Industrial Commercial Boiler Population," Submitted to Oak Ridge National

Laboratory, May 2005.

*http://commons.wikimedia.org/wiki/Image:Water tube boiler schematic.png

*http://en.wilcipedia.org/wiki/Image:Locomotive fire tube boiler schematic.png

*Babcock & Wilcox Company,

Steam, It's Generation and Use,

40th Edition,

1992.

*Neil Johnson, "Fundamentals of Stoker Fired Boiler Design and Operation,"

Presented at CIBO Emission Controls Technology Conference, July 15-17, 2002.

*Letter to Mr. Regulator, New Hampshire Division of Environmental Services,

from Daniel J. Willems, Product Development, Cleaver Brooks, dated May 19,

2006.

*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.

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.

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

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

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

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

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.

RECEIVED

CLERK'S

OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

MAY 9 2008

STATE OF ILLINOIS

R08-

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

") 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

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

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.

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.

Particulate matter is the generic term for a broad class of chemically and physically

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

), NO

, and VOCs.

Id.

A regulatory focus on fine

particles results in controls on gaseous precursors of fine particles such as SO

, 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

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

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:

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,

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.

(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

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,

Fed. Reg.

20586 (April

25, 2007), and

Final Rule To Implement the 8-Hour Ozone National Ambient Air Quality

Standard; Final Rule,

Fed. Reg.

71612 (November 29, 2005). Furthermore, states, such

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,

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,

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

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

in an amount equal to or greater than 15 tons per year and equal

to or greater than five tons per ozone season.

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

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.

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

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

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

emissions after it is formed.

Id.

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.

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.

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.

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

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.

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

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

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

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

from existing emission units for purposes of netting or

emission offsets, such NO

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.

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

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

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

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,

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

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

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.

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.

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.

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

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

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.

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

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

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

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.

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

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

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

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

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 217.182

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

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

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 217.202

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

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

217.222

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

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 217.242

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

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

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

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

STATE OF ILLINOIS

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:

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

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