BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
NITROGEN OXIDES EMISSIONS FROM
V ARJOUS SOURCE CATEGORIES:
AMENDMENTS TO 35 ILL. ADM. CODE
PARTS
211 AND 217
)
)
)
)
)
)
R08-19
(Rulemaking
- Air)
NOTICE
TO:
John Therriault
Assistant Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph St., Suite 11-500
Chicago, lL 6060 I
SEE ATTACHED SERVICE LIST
PLEASE
TAKE NOTICE that I have today filed with the Office of the Clerk of the
Illinois Pollution Control Board
MOTION TO AMEND RULEMAKING PROPOSAL, a copy
of which is herewith served upon you.
DATED: January
30,2009
1021 North Grand Avenue East
P. O. Box 19276
Springfield, IL 62794-9276
217/782-5544
ILLINOIS ENVIRONMENTAL
PROT~7TION
AGENCY
BY:C/b.~
Gina Roccaforte
Assistant Counsel
Division
of Legal Counsel
THIS FILING IS SUBMITTED
ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, January 30, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
NITROGEN OXIDES EMISSIONS FROM
VARIOUS SOURCE CATEGORIES:
AMENDMENTS TO 35 ILL. ADM. CODE
PARTS
211 AND 217
)
)
)
)
)
)
R08-19
(Rulemaking
- Air)
MOTION TO AMEND RULEMAKING PROPOSAL
NOW COMES the Proponent, the ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY ("Illinois EPA"),
by its attorneys, and pursuant to 35
Ill.
Adm. Code 101.500 and
102.402, moves that the Illinois Pollution Control Board ("Board") amend this rulemaking
proposal that includes amendments to
35 Ill. Adm. Code Parts 211 and 217. In support of its
Motion, the Illinois
EPA states as follows:
On May 9,2008, the Illinois EPA filed a proposal with the Board to amend 35
lll.
Adm.
Code Parts 211 and 217 to control the emissions of nitrogen oxides ("NO,") from various 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 to address the requirements under
Sections 172 and 182
of the CAA for major stationary sources of NO, in areas designated as
nonattainrnent with respect to National Ambient Air Quality Standards.
See,
42 U.S.C. §§ 7502
and 7511 a. The Board held hearings on this proposal on October 14, 2008, in Springfield, and
on December 9 and
10,2008, in Chicago. Another hearing is scheduled for February 3,2009, in
Edwardsville.
A number
of issues have arisen in the context ofthis rulemaking proposal, including the
dates for compliance with emissions limitations and continuous emissions monitoring systems
("CEMS") requirements, and emissions limitations for certain source categories. As a result, the
Illinois
EPA has engaged in negotiations with interested parties on these issues. Such
negotiations have led to the revision of certain provisions. Specifically, the compliance date has
been generally extended until January
1,
2012, in applicable sections, with a further extension
until December 31, 2014, for owners and operators
of glass melting furnaces, provided such
owners and operators are required to meet a more stringent emissions limitation, as measured
using a
CEMS, and included within a legally enforceable order. Provisions have also been added
to allow for the nonapplicability
of emissions limitations during glass melting furnace startup
and idling; for purposes
of demonstrating seasonal and annual compliance, the emissions
limitation during such periods shall be calculated according to an applicable formula. The
compliance date for the installation and operation
of CEMS has also been extended, as reflected
in the testing and monitoring section. Furthermore, the emissions limitation for electrical
generating units firing solid fuel has been amended from
0.09
Ib/mmBtu
to 0.12
Ib/mmBtu
under
SubpartM.
Therefore, the Illinois EPA is now proposing to amend the rulemaking proposal as set
forth in this Motion. Accordingly, the Illinois EPA recommends the acceptance
by the Board of
the following amendments to the rulemaking proposal:
1.
Amend Section
211.2625
to read asfollows:
Section 211.2625
Glass Melting Furnace
"Glass melting furnace" means. for purposes of Part 217. a unit comprising a
refractory vessel in which raw materials are charged and melted at high
temperature to produce molten glass.
2.
Amend Section 211.3100 to reflect the provisions as previously agreed to between
the JIlinois EPA and Midwest Generation as reflected in the JIlinois EPA's
Answers to Midwest Generation's Questions for Agency Witnesses, filed
September 30, 2008, and the October
14,
2008, hearing.
2
3.
Amend Section 217.150 by adding subsection (e) to read as follows:
!U
The owner or operator of an emission unit that is subject to this Subpart
and Subpart D, E, F, G,
H,
or M of this Part must operate such unit in a
manner consistent with good air pollution control practice to minimize
00 emissions.
4.
Amend Section
217.152
to read as follows:
Section 217.152
Compliance Date
ill
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 Subpart D, E. F, G.
H. or M is required beginning January
i,
2012.
hl
Notwithstanding subsection Ca) of this Section. compliance with the
requirements
of Subpart F of this Part by an owner or operator of an
emission unit subject to Subpart F
ofthis Part shall be extended until
December 31, 2014,
if such units are req uired to meet emissions
limitations for NGx, as measured using a continuous emissions monitoring
system, and included within a legally enforceable order on or before
December 31,
2009, whereby such emissions limitations are less than 30
percent of the emissions limitations set forth under Section 217.204 of
Subpart F of this Part.
5.
Amend Section
217.154
by amending subsections (a) and (b) to read as follows:
Section 217.154
Performance Testing
ill
Performance testing ofNG, emissions for emission units constructed on or
before July
I, 2011, and subject to Subpart D, E, F, G, or H of this Part
must be conducted in accordance with Section 217.157
of this Subpart.
This subsection does not apply to owners and operators
of emission units
demonstrating compliance through a continuous emissions monitoring
system.
hl
Performance testing ofNG, emissions for emission units for which
construction or modification occurs after July
I, 2011, and that are subject
to Subpart D, E, F,
G, or H ofthis Part 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
of this Subpart. This subsection does not apply to owners
and operators
of emission units demonstrating compliance through a
continuous emissions monitoring system.
3
6.
Amend Section
217.155
to read as follows:
Section 217.155
Initial Compliance Certification
ill
By the applicable compliance date set forth under Section 217.152 of this
Subpart,
an owner or operator of an emission unit subject to Subpart D, E,
F,
G, or H of this Part 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 this Part beginning on
such applicable compliance date. The performance testing certification
must include the results
of the performance testing performed in
accordance with Sections 217.154(a) and (b)
of this Subpart and the
calculations necessary to demonstrate that the subject emission unit will be
in initial compliance.
hl
By the applicable compliance date set forth under Section 217.152 of this
Subpart, an owner or operator
of an emission unit subject to Subpart D, E,
F, G,
H,
or M ofthis Part who is demonstrating compliance through the
use
of 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,
H,
or M of this Part
beginning on such applicable compliance date. The compliance
certification must include a certification
of the installation and operation
of a continuous emissions monitoring system required under Section
217.157
of this Subpart and the monitoring data necessary to demonstrate
that the subject emission unit will be in initial compliance.
7.
Amend Section
217.157
by amending subsection (a)(4)(B) to read as follows:
ill
The owner or operator of an industrial boiler or process heater
must have a performance test conducted using 40 CFR Part 60,
Subpart
A,
and Appendix
A,
Method I, 2, 3, 4, 7E, or 19, as
incorporated
by reference in Section 217.1 04 of this Part, or other
alternative
USEPA methods approved by the Agency. Each
performance test must consist ofthree separate runs, each lasting a
minimum
of 60 minutes. NO, emissions must be measured while
the industrial boiler is operating at maximum operating capacity or
while the process heater is operating at normal maximum load.
If
the industrial boiler or process heater has combusted more than one
type
of fuel in the prior year, a separate performance test is
required for each fuel.
If a combination of fuels is typically used, a
performance test may
be conducted with Agency approval on such
combination
of fuels typically used. Except as provided under
subsection (e)
of this Section, this subsection (a)(4)(B) of this
Section does not apply
if such owner or operator is demonstrating
compliance with
an emissions limitation through a continuous
4
Electronic Filing - Received, Clerk's Office, January 30, 2009
emissions monitoring system under subsection (a)m, (a)(2), (a)(3),
or (aleS)
ofthis Section.
8.
Amend Section
217.157
by amending subsection (b)(4) to read asfollows:
:!}
The owner or operator of a glass melting furnace, cement kiln, or
lime kiln must have a performance test conducted using 40 CFR
Part 60, Subpart
A,
and Appendix A, Methods
1.
2, 3, 4, and 7E, as
incorporated
by reference in Section 217.104 of this Part, or other
altemati
ve USEP A methods approved by the Agency. The owner
or operator of an iron and steel reheat. annealing, or galvanizing
furnace,
or aluminum reverberatory or crucible furnace must have
a performance test conducted using
40 CFR Part 60, Subpart A,
and Appendix A, Method
1.
2, 3, 4, 7E, or 19, as incorporated by
reference in Section 217.104 of this Part, or other alternative
USEP A methods approved by the Agency. Each performance test
must consist
of three separate runs, each lasting a minimum of60
minutes. NO! emissions must be measured while the glass melting
furnace, cement kiln, lime kiln, iron and steel reheat, annealing, or
galvanizing furnace, or aluminum reverberatory
or crucible furnace
is operating at maximum operating capacity.
Ifthe glass melting
furnace, cement kiln, lime kiln, iron and steel reheat, annealing, or
galvanizing furnace, or aluminum reverberatory
or crucible furnace
has combusted more than one type
of fuel in the prior year, a
separate performance test is required for each fuel. Except as
provided under subsection e
e) of this Section, this subsection eb)( 4)
of this Section does not apply if such owner or operator is
demonstrating compliance with an emissions limitation through a
continuous emissions monitoring system under subsection (b)(1)
or
(b)(5) of this Section.
9.
Amend Section
217.157
by adding subsection (e) to read as follows:
~
Compliance with the continuous emissions monitoring system
requirements under this Section
by an owner or operator of an emission
unit who is required to install, calibrate, maintain, and operate a
continuous emissions monitoring system eCEMS) shall be extended until
December
31,2012, or the applicable compliance date set forth under
Section 217.152
of this Subpart, whichever is later, provided that if such
CEMS extension date under this subsection is later than the applicable
compliance date, the owner or operator must comply with the applicable
performance test requirements under this Section and the applicable
recordkeeping and reporting requirements under this Subpart.
5
10.
Amend Section
217.158
by amending subsections (b) and (c) to read as follows:
hl
An
owner or operator must submit an emissions averaging plan to the
Agency
by January 1, 2012. The plan must include. but is not limited to,
the following:
.u
The list of affected units included in the plan by unit identification
number; and
n
A sample calculation demonstrating compliance using the
methodology provided in subsection
CD of this Section for the
ozone season (May I through September
30) and calendar year
(January 1 through December 3
n.
ill
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 January 1 ofthe applicable calendar year. If an amended plan
is not received
by the Agency by January I ofthe applicable calendar
year, the previous year's plan will be the applicable emissions averaging
plan.
II.
Amend Section 217.160 by amending subsection (b) to reflect the provisions as
previously agreed to between the Illinois EPA and Midwest Generation as
reflected in the Illinois
EPA's Answers to Midwest Generation's Questions for
Agency Witnesses, filed September 30, 2008, and the October
14,
2008, hearing.
12.
Amend Section 217.160 by changing subsection (c) to read as follows:
ill
The provisions ofthis Subpart 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 I,
2008, if such units are located at a petroleum refinery and such units are
required to meet emission limits or control requirements for
NO, as
provided for in an enforceable order.
13.
Amend the first paragraph of Section
217.164
to read as follows:
On and after January 1, 2012, no person shall cause or allow emissions of NO x
into the atmosphere from any industrial boiler to exceed the following limitations.
Compliance must be demonstrated with the applicable emissions limitation on an
ozone season and annual basis.
6
14.
Amend the first paragraph of Section
217.184
to read as follows:
On and after January
I,
2012. no person shall cause or allow emissions of NO
x
into the atmosphere from any process heater to exceed the following limitations.
Compliance must be demonstrated with the applicable emissions limitation
on an
ozone season and annual basis.
IS.
Amend Section 217.204 to read as follows:
Section 217.204
Emissions Limitations
;U
On and after January I, 2012, no person shall cause or allow emissions of
NO
x
into the atmosphere from any glass melting furnace to exceed the
following limitations. Compliance must be demonstrated with the
emissions limitation on an ozone season and annual basis.
Product
D
Container Glass
Flat Glass
Other Glass
Emission Unit Type
Glass melting furnace
Glass melting furnace
Glass melting furnace
NO
K
Emissions
Limitation
(]b/ton glass
produced)
hl
The emissions limitations under this Section do not apply during glass
melting furnace startup (not to exceed 70 days) or idling (operation at less
than 35%
of furnace capacity). For the purposes of demonstrating
seasonal and annual compliance, the emissions limitation during such
periods shall be calculated as follows:
NOx emissions limitation (]b/day) = (ANL2 / (PPC)
Where: ANL
=
The applicable NOx emissions limitation under this
Section
in
pounds per ton of glass produced
PPC
=
Permitted production capacity in tons of glass produced per
day
7
16.
Amend Section
217.224
to read asfollows:
Section 217.224
Emissions Limitations
ill.
On and after January 1, 2012. no person shall cause or allow emissions of
NO, into the atmosphere from any cement kiln to exceed the following
limitations. Compliance must
be demonstrated with the applicable
emissions limitation on an ozone season and annual basis.
Emission
Unit Type
NO~
Emissions
Limitation
(Ib/ton
clinker
produced)
---------------------------------------------------------------------------------------------------
II
Long dry kiln
Short dry kiln
Preheater kiln
Preheaterlprecalciner kiln
hl
On and after January 1, 2012, no person shall cause or allow emissions of
NO, into the atmosphere from any lime kiln to exceed the following
limitations. Compliance must be demonstrated with the applicable
emissions limitation on an ozone season and annual basis.
Emission
Unit Type
NO~
Emissions
Limitation
(lb/ton
lime
produced)
---------------------------------------------------------------------------------------------------
II
Rotary kiln
Rotary kiln
17.
Amend Section
217.244
to read as follows:
Section 217.244
Emissions Limitations
ill.
On and after January 1, 2012. no person shall cause or allow emissions of
. NO, into the atmosphere from any reheat furnace, annealing furnace, or
galvanizing furnace used in iron and steel making to exceed the following
8
limitations. Compliance must be demonstrated with the applicable
emissions limitation on
an ozone season and annual basis.
Emission
Unit Type
NO
x
Emissions
Limitation
(Ib/mmBtu)
--------------------------------------------.---------------------------------------------------------------
D
Reheat furnace. regenerative
0.18
12
Reheat furnace, recuperative
0.05
Jl
Reheat furnace, cold-air
0.03
12
Annealing furnace. regenerative
0.38
~
Annealing furnace, recuperative
0.16
Q}
Annealing furnace, cold-air
0.07
11
Galvanizing furnace, regenerative
0.46
~
Galvanizing furnace, recuperative
0.16
2}
Galvanizing furnace, cold-air
0.06
hl
On and after January 1, 2012, no person shall cause or allow emissions of
NO, into the atmosphere from any reverberatory furnace or crucible
furnace used in aluminum melting to exceed the following limitations.
Compliance must
be demonstrated with the applicable emissions
limitation on
an ozone season and annual basis.
Emission
Unit Type
NOx
Emissions
Limitation
(Ib/mmBtu)
--------------------------.-----------------------------------------------------------------------------------
Reverberatory furnace
Crucible furnace
18.
Amend Section 217.340 to reflect the provisions as previously agreed to between
the Illinois
EPA and Midwest Generation as reflected in the Illinois EPA's
Answers to Midwest Generation's Questions for Agency Witnesses, filed
September
30, 2008, and the October
14,
2008, hearing.
9
19.
Amend Section
217.342
to reflect the provisions as previously agreed to between
the Illinois EPA and Midwest Generation as reflected
in
the Illinois EPA's
Answers to Midwest Generation's Questions
for Agency Witnesses, filed
September
30, 2008, and the October
14,
2008, hearing.
20.
Amend Section
217.344
to read as follows:
Section 217.344
Emissions Limitations
On and after January
I,
2012, no person shall cause or allow emissions of NO x
into the atmosphere from any fossil fuel-fired stationary boiler to exceed the
following limitations. Compliance must be demonstrated with the applicable
emissions limitation on an ozone season and annual basis.
Emission
Unit Type
NO~
Emissions
Limitation
Ob/mmBtu)
-------------------------------------------------------------------_.--------------------.-------------
ill
Solid
Boiler
0.12
hl
Natural gas
Boiler
0.06
£1
Liquid
12
Boiler that commenced
0.10
operation before January 1 ,2008
D
Boiler that commenced
0.08
operation on or after January
1,2008
WHEREFORE, for the reasons set forth above, the Illinois EPA moves that the Board
amend
Parts 211 and 217 as set forth herein.
DATED: January
30, 2009
1021 North Grand Avenue East
P. O. Box 19276
Springfield,
IL
62794-9276
217/782-5544
10
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROT~C
ION AGENCY
-if-L.~~
~
,.----
By:
~
Gina Roccaforte
Assistant Counsel
Division
of Legal Counsel
THIS FILING IS SUBMITTED
ON
RECYCLED PAPER
STATE
OF ILLINOIS
COUNTY OF SANGAMON
)
)
)
)
SS
CERTIFICATE OF SERVICE
I, the undersigned, an attorney, state that I have served electronically the attached
MOTION TO AMEND RULEMAKING PROPOSAL, upon the following person:
John Therriault
Assistant Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph St., Suite 11-500
Chicago,
IL
6060 I
and mailing it
by first-class mail from Springfield, Illinois, with sufficient postage affixed
to the following persons:
SEE ATTACHED SERVICE LIST
Dated: January 30, 2009
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
(217) 782-5544
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Gina Roccaforte
Assistant Counsel
Division
of Legal Counsel
SERVICE LIST 08-19
Timothy J. Fox
Hearing Officer
Illinois Pollution
Control Board
100 W. Randolph St., Suite 11-500
Chicago, IL 60601
foxt@ipcb.state.il.us
Virginia Yang
Deputy Legal
Counsel
Illinois Department of Natural Resources
One Natural Resources Way
Springfield, IL 62702-1271
virginia.yang@illinois.gov
Katherine D. Hodge
Monica
T. Rios
Hodge Dwyer Zeman
3150 Roland Ave.
P.O. Box 5776
Springfield, IL
62705-5776
khodge@hdzlaw.com
mrios@hdzlaw.com
Christina
L.
Archer
Associate General
Counsel
ArcelorMittal USA
1 South Dearborn Street, 19
th
Floor
Chicago, IL 60603
christina.archer@arcelormittal.com
Matthew Dunn
Chief
Environmental Bureau North
Office of the Attorney General
69
W. Washington St., Suite 1800
Chicago,
IL
60602
mdunn@atg.state.il.us
Kathleen
C. Bassi
Stephen J. Bonebrake
Schiff Hardin LLP
6600 Sears
Tower
233
S. Wacker Drive
Chicago, IL 60606-6473
kbassi@schiffhardin.com
sbonebrake@schiffhardin.com
Alec M. Davis
General
Counsel
Illinois Environmental Regulatory Group
215
E. Adams St.
Springfield, IL 62701
adavis@ierg.org
Electronic Filing - Received, Clerk's Office, January 30, 2009
