BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

STATE OF ILLINOIS

)

)

SS

COUNTY OF SANGAMON

)

)

CERTIFICATE OF SERVICE

I, the undersigned, an attorney, state that I have served electronically the attached

COMMENTS

of the Illinois Environmental Protection Agency upon the following persons:

John Therriault, Assistant Clerk

Timothy Fox, Hearing Officer

Illinois Pollution Control Board

Illinois Pollution Control Board

State of Illinois Center

State of Illinois Center

100 W. Randolph, Suite 11-500

100 West Randolph, Suite 11-500

Chicago, IL 60601

Chicago, Illinois 60601

Katherine D. Hodge

Kathleen C. Bassi

N. LaDonna Driver

Renee Cipriano

Hodge Dwyer Zeman

Joshua R. More

3150 Roland Ave.

Stephen J. Bonebrake

PO Box 5776

Schiff Hardin, LLP

Springfield, IL 62705-5776

6600 Sears Tower

233 S. Wacker Drive

Chicago, IL 60606-6473

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

Rachel L. Doctors

Assistant Counsel

Air Regulatory Unit

Division of Legal Counsel

Dated: June 9, 2008

1021 North Grand Avenue East

Springfield, Illinois 62794-9276

(217) 782-5544

Electronic Filing - Received, Clerk's Office, June 9, 2008

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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

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SECTION 27 PROPOSED RULES FOR

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NITROGEN OXIDE (NO

x

) EMISSIONS

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R07-19

FROM STATIONARY RECIPROCATING

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(Rulemaking – Air)

INTERNAL COMBUSTION ENGINES AND

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TURBINES: AMENDMENTS TO 35 ILL.

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ADM. CODE PARTS 211 AND 217

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POST HEARING COMMENTS OF ILLINOIS

ENVIRONMENTAL PROTECTION AGENCY

NOW COMES the ILLINOIS ENVIRONMENTAL PROTECTION AGENCY (“Illinois

EPA”), by its attorneys, and hereby submits its post hearing comments in the above rulemaking

proceeding. The purpose of proposed amendments to 35 Ill. Adm. Code 217.Subpart Q:

“Stationary Reciprocating Internal Engines and Turbines” is to reduce intra- and interstate

transport of nitrogen oxides (“NO

x

”) emissions on an annual basis (January 1 though December

31) and on an ozone season basis (May 1 through September 30) of each year, through the

adoption of the rules reducing NO

x

emissions from stationary reciprocating internal combustion

engines and turbines located in nonattainment areas.

On March 24, 2008, the United States Environmental Protection Agency (“USEPA”)

issued: “Findings of Failure to Submit State Implementation Plans (“SIP”) Required for the 1997

8-Hour Ozone National Ambient Air Quality Standards (‘NAAQS”),” a State Implementation

Plan (“SIP”) Call for 8-hour ozone nonattaiment areas that had failed to meet Reasonably

Available Control Technology (“RACT”) requirements, among other requirements. 73

Fed.

Reg.

15416 (March 24, 2008). The Greater Chicago and Metro-East/St. Louis areas were

included in this SIP Call. The requirements for RACT require states to control emissions from

sources located in nonattainment areas that have the potential to emit (“PTE”) 100 tons per year

(“TPY”) or more of NO

x

. Stationary engines and turbines are one source category that the

Electronic Filing - Received, Clerk's Office, June 9, 2008

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Illinois EPA determined to have the potential to emit 100 TPY or more of NO

x

. This proposal is

intended to satisfy, in part, Illinois’ obligations under the USEPA’s SIP Call. The proposed

amendments will also help Illinois make progress toward achieving the new PM

2.5

NAAQS in

these two nonattainment areas.

The Illinois EPA filed its initial proposal with the Illinois Pollution Control Board

(“Board”) on April 6, 2007. On May 17, 2007, the Board issued an order splitting the Illinois

EPA’s proposal into two dockets, R07-18 and R07-19. R07-18 was adopted on September 20,

2007, and applied to NO

x

SIP Call units, otherwise known as large engines. As a result of the

Board’s action and the conclusion of R07-18, R07-19 applies to engines and turbines determined

to be at sources that have a PTE of 100 TPY or more of NO

x

located in nonattainment areas.

The Illinois EPA engaged in extensive outreach on this proposal and held regular

meetings with representatives of the affected sources in the previous years. The Illinois EPA,

Illinois Municipal Electric Agency, and Illinois Environmental Regulatory Group witnesses

testified and provided evidence at the first hearing that was held in Edwardsville on April 9,

2008. At the second hearing that was held in Chicago on May 7, 2008, the Pipeline Consortium

provided testimony.

These comments address three areas: 1) the Applicability Thresholds for engines and

turbines; 2) the 1,500 bhp Cut-Off for the Portable Unit Exemption; and 3) Portability of

Engines.

I.

Applicability Levels of 500 bhp and Greater for Engines and 3.5 MW and

Greater for Turbines

The Board asked how the Illinois EPA determined the applicability thresholds. The

thresholds as proposed, the 500 bhp and greater for engines and the 3.5 MW and greater for

turbines, were developed by the Illinois EPA based on the unit’s PTE for NO

x

. Engines and

turbines of these sizes and greater do have the potential to have significant emissions; hence,

Electronic Filing - Received, Clerk's Office, June 9, 2008

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these thresholds for regulatory control are appropriate and consistent with Illinois’s obligation to

meet the Section 182(b) of the Clean Air Act requirements for RACT. Engines and turbines of

these sizes have a potential to emit approximately 100 TPY of NO

x

. As not all engines and

turbines of this size will emit 100 TPY, there is relief for units that do not operate continuously.

The rule provides several mechanisms for units that emit less. Sources can opt for a federally

enforceable emissions limit or a low usage limit in terms of the number of hours the unit will be

operated.

II.

1,500 bhp Cap

The Illinois EPA was asked why its proposal capped the exemption for portable units at

1,500 bhp. See Section 217.386(b) of the proposal. The Illinois EPA recognizes that certain

units that could potentially be affected by this proposal are used less frequently and are expected

to have lower emissions. The level of the exemption was based in part on the insignificance

levels used under the Board’s regulation for permitting. Section 201.146(g) exempts engines

rated at 1,500bhp or less from permitting. While the Illinois EPA in this proposal is

recommending that the level be lowered to include engines rated at 500 bhp and below, it

believes that many units rated between 500 bhp and 1500 bhp will have low emissions,

especially those engines that are mounted on skids and moved around a particular source.

Discussions with affected sources supported this conclusion. There are small units that are used

minimally as backup generation that do not fall into the category of emergency/standby units but

are also expected to have low emissions; hence, the exemption for portable units rated at 1,500

bhp or less. A 1,500 hp engine has the potential to emit 243 tons of NOx/yr when it operates

year around and 121 ton/yr if it operates six month in a year.

As discussed above, for engines

rated higher than 1,500 bhp that have low emissions, an owner or operator may opt for a

federally enforceable emission limit or a limit on the hours of operation.

III.

Portable Engine Exemption is Limited to Units that Move from One Source

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6

to Another

The exemption is limited to excluding units that are moved from one source to another,

such as units used for construction or asphalt plants that are moveable. These units are not going

to be in the same general location for any significant length of time. It is difficult to regulate

such units because it is difficult to track them and to inspect them on a regular basis. Engines

that are used for spot power above 1,500 bhp that do not meet the definition for

Emergency/Standby units or qualify as low usage units have the potential to have significant

emissions.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:

_/s/ Rachel L. Doctors

Rachel L. Doctors

Assistant Counsel

Air Regulatory Unit

Division of Legal Counsel

DATED: June 9, 2008

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217.782.5544

217.782.9807 (Fax)

Electronic Filing - Received, Clerk's Office, June 9, 2008

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