Microsoft Word - Engine COMMENTS ON 1ST NOT_1_26

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

SECTION 27 PROPOSED RULES FOR

)

NITROGEN OXIDE (NO

) EMISSIONS

)

R07-19

FROM STATIONARY RECIPROCATING

)

(Rulemaking – Air)

INTERNAL COMBUSTION ENGINES AND

)

TURBINES: AMENDMENTS TO 35 ILL.

)

ADM. CODE PARTS 211 AND 217

)

NOTICE

TO:

John Therriault, Assistant Clerk

Illinois Pollution Control Board

State of Illinois Center

100 West Randolph, Suite 11-500

Chicago, Illinois 60601

SEE ATTACHED SERVICE LIST

PLEASE TAKE NOTICE that I have today filed with the Office of the Pollution Control Board

the attached MOTION TO FILE INSTANTER AND COMMENTS ON FIRST NOTICE

of the

Illinois Environmental Protection Agency a copy of which is herewith served upon you.

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY

By: ___/s/___________________

Rachel L. Doctors

Assistant Counsel

Division of Legal Counsel

DATED: February 5, 2009

P.O. Box 19276

Springfield, Illinois 62794-9276

217.782-5544

217.782.9143 (TDD)

Electronic Filing - Received, Clerk's Office, February 5, 2009

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

SECTION 27 PROPOSED RULES FOR

)

NITROGEN OXIDE (NO

) EMISSIONS

)

R07-19

FROM STATIONARY RECIPROCATING

)

(Rulemaking – Air)

INTERNAL COMBUSTION ENGINES AND

)

TURBINES: AMENDMENTS TO 35 ILL.

)

ADM. CODE SECTION 201.146

)

AND PART 217

)

MOTION TO FILE INSTANTER

NOW COMES the Illinois Environmental Protection Agency (“Illinois EPA”), by one of

its attorneys, Rachel L. Doctors, and pursuant to 35 Ill. Adm. Code 101.522 and hereby moves

that the Illinois Pollution Control Board (“Board”) or the Hearing Officer grant a motion to file

Comments to the First Notice Proposal Instanter. In support of its Motion, the Illinois EPA

states as follows:

Hearings in this proceeding occurred on April 9, 2008, and May 7, 2008. On

September 16, 2008, the Board adopted the proposed rule for First Notice.

Public comments were due 45 days from the date of publication of the Firs

Notice. First Notice was published in the

Illinois Register

on October 31, 2008 (32 Ill. Reg.

17035). Comments in this proceeding were due on Monday, December 15, 2008.

On December 12, 2008, the Illinois Environmental Regulatory Group (“IERG”)

and IMEA, filed a motion to extend time for the comment period until January 31, 2009, to

which counsel for the Illinois EPA and the Pipeline Consortium reviewed and consented.

On January 23, 2008, the Hearing Officer granted an extension of time until

February 2, 2009.

The Illinois EPA has been in discussion with IERG, IMEA and the Pipeline

Electronic Filing - Received, Clerk's Office, February 5, 2009

Consortium (collectively “the Parties”) and resolved all of the outstanding issues except for

whether replacement units that have lower emissions must have the same purpose as the unit

being replaced, but required additional time after February 2, 2009, to finalize the agreed upon

language for all other issues and have prepared a joint comment on all issues besides the

replacement unit issue. Note: that the Pipeline Consortium is in agreement with the Illinois EPA

on all issues.

Counsel for IERG, IMEA, and the Pipeline Consortium have reviewed and

consented to the contents of this Motion.

The Parties are waiving the opportunity to respond to this Motion.

WHEREFORE, the Illinois EPA, IERG, IMEA, and the Pipeline Consortium request that

the Board or the Hearing Officer grant this Motion to file the Comment to the First Notice

Proposal Instanter and accept these comments as timely filed.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:

___/s/__________________

Rachel L. Doctors

Assistant Counsel

Air Regulatory Unit

Division of Legal Counsel

DATED: February 5, 2009

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217.782.5544

217.782.9143 (TDD)

217.782.9807 (Fax)

Electronic Filing - Received, Clerk's Office, February 5, 2009

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

SECTION 27 PROPOSED RULES FOR

)

NITROGEN OXIDE (NO

) EMISSIONS

)

R07-19

FROM STATIONARY RECIPROCATING

)

(Rulemaking – Air)

INTERNAL COMBUSTION ENGINES AND

)

TURBINES: AMENDMENTS TO 35 ILL.

)

ADM. CODE SECTION 201.146

)

AND PART 217

)

COMMENTS ON FIRST NOTICE

NOW COMES the Illinois Environmental Protection Agency (“Illinois EPA”), by one of

its attorneys and, pursuant to 35 Ill. Adm. Code 101.502 and 102.402. Hearings were held on

April 9, 2008, and May 7, 2008, and the 1

notice was published on October 31, 2008. 32 Ill.

Reg. 17035. After consulting with Illinois Environmental Regulatory Group (“IERG”) and

members of the Pipeline Consortium, and having reached agreement with IERG on all issues

except for the replacement unit issue in paragraph 9 and with the Pipeline Consortium on all

issues, the Illinois EPA respectfully submits the following comments on the 1

notice:

Subsection (b) of Section 217.386 concerns exemptions from the control

requirements of Subpart Q. These exemptions were proposed for units not required to be

controlled under the NO

SIP Call. The exemption should be limited to units not listed in

Appendix G. The following amendment is requested: Notwithstanding subsection (a)(2) of this

Section. (ln. 26) In addition, a comma should be added after “this Subpart Q,” in line 27.

Subsection (d) of Section 217.386 contains the “once-in-always-in” provision that

makes a unit that at anytime becomes subject to the compliance requirements of Section 217.388,

always subject to demonstrating compliance with either the concentration limits, emissions

averaging plan, or low usage requirements if it meets the applicability criteria of Section

Electronic Filing - Received, Clerk's Office, February 5, 2009

217.386(a). As subsection (d) currently contains the word “control,” and the compliance options

do not necessarily require operation of a control device, the word “control” in line 52 should be

struck.

The following changes are recommended to with respect to subsections (a), (b),

and (d) of Section 217.388 Control and Maintenance Requirements to simplify the introductory

language:

In subsection (a) (line 74), strike the phrase “the owner or operator limits” and

add the word “Limits.”

In subsection (b) (line 95), strike the phrase “the owner or operator complies” and

add the word “Complies.”

In subsection (c) (line 108), strike the phrase “the owner or operator operates.”

In subsection (d) (line 139), strike the phrase “the owner or operator inspects” and

add the word “Inspects.”

In addition, in subsection (c) of Section 217.388 several changes are being

recommended to further clarify the “low usage” compliance option. Only units that are not

Appendix G units may elect the low usage option. We recommend adding a phrase that excludes

Appendix G units from using the low usage option for compliance. (ln. 108) Further, a change to

the proposal that has been agreed to by the Illinois EPA, the Pipeline Consortium and IERG

would allow low usage units to be included in an emissions averaging plan, if the owner or

operator complies with the substantive requirements in Sections 217.394 and 217.396. Hence,

the only low usage units that would now be exempt from the substantive testing, monitoring,

reporting, and recordkeeping requirements, are those low usage units that are not included in

emissions averaging plans. New language is being proposed at lines 110, 112, and 113 to

Electronic Filing - Received, Clerk's Office, February 5, 2009

effectuate this change.

In subsection (c)(2) of Section 217.388, the last sentence concerning which type

of sources need to obtain federally enforceable permits with limits for low usage units has been

reworded for clarity. (lns. 127-133)

6. In Section 217.388, a new subsection (e) is being proposed to clarify that owners or

operators may change the method of compliance between the emission concentration limits,

emissions averaging plan, and low usage options. New subsection (e)(1) specifies that the owner

or operator must conduct the applicable testing, monitoring, reporting and recordkeeping

requirements for affected units when changing the method of compliance for an affected unit

from low usage to compliance with either the emissions concentration limits or inclusion in an

emissions averaging plan. In addition, new subsection (e)(1) specifies what is meant by

“applicable compliance date” as it appears in Section 217.394(a)(2) and (a)(3). New subsection

(e)(2)(A) specifies that if an affected unit relied on an emissions control device to comply with

either the requirements for a emission concentration limit or emissions averaging plan, and the

owner or operator changes the method of compliance for that unit to low usage, the owner or

operator must continue to operate the control device. (lns. 176 through 178) New subsection

(e)(2)(B) specifies that if the owner or operator is changing the method of compliance to the low

usage option, it must complete all outstanding testing and monitoring requirements, even if the

testing or monitoring period has not elapsed. (lns. 161 through 191)

In subsections (a)(1)(A)(i) and (ii) and (a)(1)(C) of Section 217.390 Emissions

Averaging Plans, the following amendments clarify that any engine or turbine located at either

an Appendix G source or an affected source under Section 217.386(a)(2) or the same company

can be included in the averaging plan even if the unit being included is not required to comply

Electronic Filing - Received, Clerk's Office, February 5, 2009

with the requirements of Subpart Q. A unit that is not required to comply with the requirements

of Subpart Q, but is included in an emissions averaging plan is not subject to the “once-in-

always-in” provision of subsection (d) of Section 217.386. In addition, minor edits were made to

lines 200, (strike “The” and add “A”), line 223 (strike the word “and”), and line 234 (add the

word “and”).

In Section 217.390, a new subsection (a)(1)(D) is being proposed to allow

inclusion of affected units that meet the low usage requirements in emissions averaging plans, if

they comply with the aggregate limits for low usage units, the testing and monitoring

requirements for affected units, and the recordkeeping and reporting requirements for both types

of units. (lns. 236 through 245)

In subsection (a)(2)(A) of Section 217.390, additional specificity to the

requirements for “replacement units,” is being proposed. A replacement unit may replace any

unit that may be included in an averaging plan if it is used for the same purpose. The “same

purpose” criteria is important to insure that a new unit will not debottleneck a process in such a

way as to create additional NO

emissions from other emissions units not covered by this

Subpart. The following language is being proposed: “The new unit must be used for the same

purpose and have substantially equivalent or less process capacity or be permitted for less NO

emissions on annual basis than the actual NO

emissions

as the replacement unit or units that are

replaced.” (lns. 251 through 260) For natural gas transmission and storage facilities, the

substantially equivalent process capacity of the replacement unit may be demonstrated in

accordance with 18 CFR 2.55(b), which allows replacements that “have a substantially

equivalent delivery capacity.” This provision is describing two scenarios as to what would be an

appropriate replacement unit: 1) a unit that has equivalent or les process capacity regardless of

Electronic Filing - Received, Clerk's Office, February 5, 2009

the unit’s emissions; or 2) a unit that has lower emissions regardless of the unit’s process

capacity.

10.

In subsection (a)(2)(B) of Section 217.390, to be consistent with the proposed

change to allow inclusion of low usage units in emissions averaging plans, the provision

excluding low usage units from emissions averaging plans should be struck. (lns. 266, 267)

11.

In subsection (b)(2) of Section 217.390, commas have been added after the years

2008 and 2010, in lines 285, 288, and 292.

12.

In subsections (d) and (d)(3) of Section 217.390 Emissions Averaging Plans, the

following two changes are provided to provide for consistency of requirements. In the

introductory paragraph of subsection (d), the word “seller” is added to require that all applicable

averaging plans are updated when a new unit is added to a source. (ln. 308) Second, new

subsection (d)(3) is being proposed to reflect the timeframe for submitting an averaging plan

after the purchase of a new unit. (lns. 319, 320)

13.

In subsection (e)(1) of Section 217.390, the provisions concerning an amended

compliance demonstration for averaging plans contained in subsections (c) and (d) have been

struck. Subsection (e)(1) should reflect all amended plans are subject to the requirement to

submit compliance demonstrations; hence, these subsections should not be struck. (lns. 327,

328)

14.

In subsection (g)(2) of Section 217.390, the phrase “as applicable” was added to

the definition for the variable for “E

all

” to clarify that depending on the circumstance the

allowable may be figured differently. (ln. 386) In addition, a reference to new subsection

“(g)(7)” was added to the variable C

d(all)

and the word “or” was moved. (ln. 398)

15.

In subsection (g)(5) of Section 217.390, the variable in EM

(i)act

the subscript (i)

Electronic Filing - Received, Clerk's Office, February 5, 2009

was moved. (ln. 463)

16.

In Section 217.390, a new subsection is proposed at (g)(7) to specify that the

higher of AP-42 or the tested actual emissions must be used for determining the allowable NO

emissions rate for low usage units included in an emissions averaging equation. (lns. 483 through

490)

17.

In subsection (a) of Section 217.392 (Compliance) the phrase: “or the affected

engine is exempt pursuant to Section 217.386(b)” was added at First Notice. As discussed in

par. 1, Appendix G units cannot be exempt. Therefore, this phrase should be struck, as

Appendix G units are not eligible for an exemption. (lns. 526, 527)

18.

The introductory paragraph of subsection (c) of Section 217.392, changes are

proposed to reflect that the court

North Carolina v.

EPA, (D.C. Cir. No. 05-1244(December 23,

2008)) has remanded the Clean Air Interstate Rule (“CAIR”) to USEPA. Possible changes to the

CAIR rule that is currently administered by USEPA and contains both annual and ozone season

allowances, could include that another entity could administer the CAIR program and/or the

annual program is eliminated. We propose that the words “administered by USEPA” be struck

and replaced by “in which the State of Illinois participates” to reflect that the possibility that

another entity could be administering a “CAIR” type program. In addition, new subsection

(c)(2)(E) was added to clarify that if an annual NO

trading program does not exist a NO

ozone

season allowance can be used. (lns. 583 through 589)

19.

In Section 217.392, a new subsection (c)(1)(C) is proposed and the remaining

subsections ware renumbered to add the clarifications concerning what constitutes an event for

the purpose of determining whether an owner or operator is in compliance with the requirements

of subsection (c)(1)(B) limiting the use of allowances to two events in any rolling five-year

Electronic Filing - Received, Clerk's Office, February 5, 2009

period. (lns. 550 through 554)

20.

In Section 217.392, we propose dividing Subsection (c)(2) into five subsections to

increase readability. (ln. 560) In addition, two new subsections were added to subsection (c)(2).

New subsection (c)(2)(B) clarifies that when a low usage unit is included in an averaging plan

and there is noncompliance with a limitation in that plan, an owner or operator who chooses to

use NO

allowances must calculate the emissions using the allowable emissions concentration

from Section 217.388, rather than an AP-42 factor or uncontrolled emissions. (lns. 569 through

573) New subsection (c)(2)(E), as discussed in No. 18, was added to clarify that if an annual

trading program does not exist a NO

ozone season allowance can be used. (lns. 583

through 589)

21.

In subsection (d)(1) of Section 217.394 (Testing and Monitoring) the word

“utilizing” was struck in the First Notice and should remain, as the procedures for monitoring are

contained in method ASTM D6522-00. (ln. 678) Using the method implements the monitoring

requirement.

22.

In subsection (e) of Section 217.394, an addition is proposed to not only allow

the use of CEMS complying 40 CFR 60, but also units complying with the provisions of 40 CFR

75. (ln. 694) This change was made in response to the comment filed by Pamela F. Faggert,

Vice President and Chief Environmental Officer, Dominion Resources Services, Inc dated

December 22, 2008.

23.

In subsection (f) of Section 217.394, a clarification is proposed ensure that low

usage units included in emissions averaging plans comply with the substantive provisions for

testing, monitoring, reporting and recordkeeping that apply to other affected units. (lns. 705, 706)

24.

In subsection (a) of Section 217.396 (Recordkeeping and Reporting), a

Electronic Filing - Received, Clerk's Office, February 5, 2009

clarification is proposed that the recordkeeping requirements affect any unit that is included in an

emissions averaging plan even if that unit that would not otherwise be subject to these

requirements. (lns. 718, 719)

25.

In Section 217.396, a new subsection (e) is proposed to reflect that units with

CEMS that comply with 40 CFR 75 are not subject to other reporting and recordkeeping

requirements besides those in part 75 unless the units are included in an emissions averaging

plan. (lns. 848 through 854) This change was made in response to the comment filed by Pamela

F. Faggert, Vice President and Chief Environmental Officer, Dominion Resources Services, Inc

dated December 22, 2008.

WHERFORE, for the reasons stated above, the Illinois EPA respectfully submits the

above comments.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:

___/s/__________________

Rachel L. Doctors

Assistant Counsel

Air Regulatory Unit

Division of Legal Counsel

DATED: February 5, 2009

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217.782.5544

217.782.9143 (TDD)

Electronic Filing - Received, Clerk's Office, February 5, 2009

217.782.9807 (Fax)

Electronic Filing - Received, Clerk's Office, February 5, 2009

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

STATE OF ILLINOIS

)

COUNTY OF SANGAMON

)

CERTIFICATE OF SERVICE

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

MOTION TO FILE INSTANTER AND COMMENTS ON FIRST NOTICE of the Illinois

Environmental Protection Agency upon the following persons:

John Therriault, Assistant Clerk

Illinois Pollution Control Board

State of Illinois Center

100 West Randolph, Suite 11-500

Chicago, Illinois 60601

SEE ATTACHED SERVICE LIST

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY

___/s/__________________

Rachel L. Doctors

Assistant Counsel

Air Regulatory Unit

Division of Legal Counsel

Dated: February 5, 2009

1021 North Grand Avenue East

Springfield, Illinois 62794-9276

(217) 782-5544

217.782.9143 (TDD)

Electronic Filing - Received, Clerk's Office, February 5, 2009

R07-19 Service List

Timothy Fox, Hearing Officer

Illinois Pollution Control Board

State of Illinois Center

100 W. Randolph, Suite 11-500

Chicago, IL 60601

Katherine D. Hodge

N. LaDonna Driver

Hodge Dwyer Zeman

3150 Roland Ave.

PO Box 5776

Springfield, IL 62705-5776

N. LaDonna Driver

Illinois Environmental Regulatory Group

3150 Roland Ave.

Springfield, IL 62705-5776

Kathleen C. Bassi

Renee Cipriano

Joshua R. More

Stephen J. Bonebrake

Schiff Hardin, LLP

6600 Sears Tower

233 S. Wacker Drive

Chicago, IL 60606-6473

Electronic Filing - Received, Clerk's Office, February 5, 2009

SUBPART Q: STATIONARY RECIPROCATING INTERNAL COMBUSTION ENGINES

AND TURBINES

Section 217.386

Applicability

The provisions of this Subpart shall apply to all:

Stationary reciprocating internal combustion engines listed in Appendix G

of this Part.

Stationary reciprocating internal combustion engines and turbines located

at a source that emits or has the potential to emit NO

in an amount equal

to or greater than 100 tons per year and is in either 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 in the area composed of

the Metro-East counties of Jersey, Madison, Monroe, and St. Clair, and the

Township of Baldwin in Randolph County, where:

The engine at nameplate capacity is rated at equal to or greater than

500 bhp output; or

The turbine is rated at equal to or greater than 3.5 MW (4,694 bhp)

output at 14.7 psia, 59ºF and 60 percent relative humidity.

Notwithstanding subsection (a)(2)

of this Section, an affected unit is not subject to

the requirements of this Subpart Q, if the engine or turbine is or has been:

Used as an emergency or standby unit as defined by 35 Ill. Adm. Code

211.1920;

Used for research or for the purposes of performance verification or

testing;

Used to control emissions from landfills, where at least 50 percent of the

heat input is gas collected from a landfill;

Used for agricultural purposes including the raising of crops or livestock

that are produced on site, but not for associated businesses like packing

operations, sale of equipment or repair; or

An engine with nameplate capacity rated at less than 1,500 bhp (1,118kW)

output, mounted on a chassis or skids, designed to be moveable, and

moved to a different source at least once every 12 months;

If an exempt unit ceases to fulfill the criteria specified in subsection (b) of this

Section, the owner or operator must notify the Agency in writing within 30 days

Electronic Filing - Received, Clerk's Office, February 5, 2009

Page

after becoming aware that the exemption no longer applies and comply with the

control requirements of this Subpart Q.

The requirements of this Subpart Q will continue to apply to any engine or turbine

that has ever been subject to the control requirements of Section 217.388, even if

the affected unit or source ceases to fulfill the rating requirements of subsection

(a) of this Section or becomes eligible for an exemption pursuant to subsection (b)

of this Section.

Where a construction permit, for which the application was submitted to the

Agency prior to the adoption of this Subpart, is issued that relies on decreases in

emissions of NO

from existing emission units for purposes of netting or

emissions offsets, such NO

decreases shall remain creditable notwithstanding any

requirements that may apply to the existing emissions units pursuant to this part.

(Source: Amended at

Ill. Reg.

, effective

)

Section 217.388

Control and Maintenance Requirements

On and after the applicable compliance date in Section 217.392, an owner or operator of an

affected unit must inspect and maintain affected units as required by subsection (d) of this

Section and comply with one of the following: the applicable emissions concentration as set forth

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

subsection (b) of this Section, or the requirements for operation as a low usage unit as specified

in subsection (c) of this Section.

LimitsThe

owner or operator limits the discharge from an affected unit into the

atmosphere of any gases that contain NO

to no more than:

150 ppmv (corrected to 15 percent O

on a dry basis) for spark-ignited

rich-burn engines;

210 ppmv (corrected to 15 percent O

on a dry basis) for spark-ignited

lean-burn engines, except for existing spark-ignited Worthington engines

that are not listed in Appendix G;

365 ppmv (corrected to 15 percent O

on a dry basis) for existing spark-

ignited Worthington engines that are not listed in Appendix G;

660 ppmv (corrected to 15 percent O

on a dry basis) for diesel engines;

42 ppmv (corrected to 15 percent O

on a dry basis) for gaseous fuel-fired

turbines; and

Electronic Filing - Received, Clerk's Office, February 5, 2009

Page

96 ppmv (corrected to 15 percent O

on a dry basis) for liquid fuel-fired

turbines.

CompliesThe owner or operator complies with an emissions averaging plan as

provided for in either subsection (b)(1) or (b)(2) of this Section:

For any affected unit identified by Section 217.386: The requirements of

the applicable emissions averaging plan as set forth in Section 217.390; or

100

101

For units identified in Section 217.386(a)(2): The requirements of an

102

emissions averaging plan adopted pursuant to any other Subpart of this

103

Part. For such affected engines and turbines the applicable requirements

104

of this Subpart apply, including but not limited to, calculation of NO

105

allowable and actual emissions rates, compliance dates, monitoring,

106

testing, reporting, and recordkeeping.

107

108

For units not listed in Appendix G, The owner or operator operates the affected

109

unit as a low usage unit pursuant to subsection (c)(1) or (c)(2) of this Section.

110

Low usage units that are not part of an emissions averaging plan are not subject to

111

the requirements of this Subpart Q except for the requirements to inspect and

112

maintain the unit pursuant to subsection (d) of this Section, test as required by

113

Section 217.394(f), and retain records pursuant to Sections 217.396(b) and (d).

114

Either the limitation in subsection (c)(1) or (c)(2) may be utilized at a source, but

115

not both:

116

117

The potential to emit (PTE) is no more than 100 TPY NO

aggregated

118

from all engines and turbines located at the source that are not otherwise

119

exempt pursuant to Section 217.386(b), and not complying with the

120

requirements of subsection (a) or (b) of this Section, and the NO

PTE

121

limit is contained in a federally enforceable permit; or

122

123

The aggregate bhp-hrs/MW-hrs from all affected units located at the

124

source that are not exempt pursuant to Section 217.386(b), and not

125

complying with the requirements of subsection (a) or (b) of this Section,

126

are less than or equal to the bhp-hrs and MW-hrs operation limit listed in

127

subsections (c)(2)(A) and (c)(2)(B) of this Section. The operation limits of

128

subsections (c)(2)(A) and (c)(2)(B) of this Section must be contained in a

129

federally enforceable permit, except for For units that drive a natural gas

130

compressor station but that are not located at a natural gas compressor

131

station or storage facility, the operation limits of subsections (c)(2)(A) and

132

(c)(2)(B) of this Section must be contained in a federally enforceable

133

permit. The operation limits are:

134

135

8 mm bhp-hrs or less on an annual basis for engines; and

Electronic Filing - Received, Clerk's Office, February 5, 2009

Page

136

137

20,000 MW-hrs or less on an annual basis for turbines.

138

139

InspectsThe owner or operator inspects and performs periodic maintenance on the

140

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

141

142

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

143

storage facility, either:

144

145

The manufacturer’s recommended inspection and maintenance of

146

the applicable air pollution control equipment, monitoring device,

147

and affected unit; or

148

149

If the original equipment manual is not available or substantial

150

modifications have been made that require an alternative procedure

151

for the applicable air pollution control device, monitoring device,

152

or affected unit, the owner or operator must establish a plan for

153

inspection and maintenance in accordance with what is customary

154

for the type of air pollution control equipment, monitoring device,

155

and affected unit.

156

157

For a unit located at a natural gas compressor station or storage facility, the

158

operator’s maintenance procedures for the applicable air pollution control

159

device, monitoring device, and affected unit.

160

161

Owners and operators of affected units may change the method of compliance

162

with this Subpart, as follows:

163

164

When changing the method of compliance from subsection (c) of this

165

Section to subsection (a) or (b) of this Section, the owner or operator must

166

conduct testing and monitoring according to the requirements of

167

subsections (a) through (e) of Section 217.394, as applicable. For this

168

purpose, references to the “applicable compliance date” in Section

169

217.394(a)(2) and (a)(3) shall mean the date by which compliance with

170

Section 217.388(a) or (b) is to begin.

171

172

An owner or operator of an affected unit that is changing the method of

173

compliance from subsection (a) or (b) of this Section to subsection (c) of

174

this Section must:

175

176

Continue to operate the affected unit’s control device, if that unit

177

relied upon a NO

emissions control device for compliance with

178

the requirements of subsection (a) or (b) of this Section; and

179

Electronic Filing - Received, Clerk's Office, February 5, 2009

Page

180

Prior to changing the method of compliance to subsection (c) of

181

this Section, complete any outstanding initial performance testing,

182

subsequent performances testing or monitoring as required by

183

Section 217.394(a), (b), (c), (d) or (e) for the affected unit. If the

184

deadline for such testing or monitoring has not yet occurred (e.g.,

185

the five-year testing or monitoring sequence has not yet elapsed)

186

the owner or operator must complete the test or monitoring prior to

187

changing the method of compliance to subsection (c) of this

188

Section. After changing the method of compliance to subsection

189

190

required for the affected unit while it is complying with subsection

191

192

193

(Source: Amended at

Ill. Reg.

, effective

)

194

Section 217.390

195

Emissions Averaging Plans

196

197

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

198

averaging plan.

199

200

AThe unit or units that commenced operation before January 1, 2002, may

201

be included in only one emissions averaging plan, as follows:

202

203

Units:

204

205

Listed in Appendix G and

located Located at a single

206

source or at multiple sources in Illinois to address

207

compliance for units identified in Section 217.386(a)(1), so

208

long as the units are owned by the same company or parent

209

company where the parent company has working control

210

through stock ownership of its subsidiary corporations; or

211

ii)

212

LocatedIdentified in Section 217.386(b)(2), and located at a

213

single source or at multiple sources in either the Chicago

214

area counties or Metro-East area counties to address

215

compliance for units identified in Section 217.386(a)(2), so

216

long as the units are owned by the same company or parent

217

company where the parent company has working control

218

through stock ownership of its subsidiary corporations.

219

220

Units that have a compliance date later than the control period for

221

which the averaging plan is being used for compliance; and

222

223

Units which

that are not otherwise subject to this Subpart (so long

Electronic Filing - Received, Clerk's Office, February 5, 2009

Page

224

as the units are owned by the same company or parent company

225

where the parent company has working control through stock

226

ownership of its subsidiary corporations) or that the owner or

227

operator may claim as exempt pursuant to Section 217.386(b) but

228

does not claim as exempt. For as long as such unit is included in

229

an emissions averaging plan, it will be treated as an affected unit

230

and subject to the applicable emission concentration,

limits,

231

testing, monitoring, recordkeeping and reporting requirements;

232

and.

233

234

Units which comply with the requirements for low usage units set

235

forth in Section 217.388(c), so long as the unit or units operates

236

emissions control technology. For as long as such unit is

237

included in an emissions averaging plan, it will be subject to the

238

applicable emission concentration limits in subsection (g)(7) of this

239

Section, the applicable testing and monitoring requirements for

240

affected units in subsections (a) through (e) of Section 217.394,

241

and the applicable recordkeeping and reporting requirements for

242

affected and low usage units in subsections (a) through (d) of

243

Section 217.396.

244

245

The following types of units may not be included in an emissions

246

averaging plan:

247

248

Units that commence operation after January 1, 2002, unless the

249

unit or units

replaces a unit or units described in subsection (a)(1)

250

of this Section an engine or turbine that commenced operation on

251

or before January 1, 2002, or the unit or units it replaces a unit or

252

units described in subsection (a)(1) of this Section an engine or

253

turbine that replaced a unit or units described in subsection (a)(1)

254

of this Section that commenced operation on or before January 1,

255

2002. The new unit must be used for the same purpose and have

256

substantially equivalent or less process capacity or be permitted for

less NO

emissions on annual basis than the actual NO

emissions

257

258

as the replacement unit or units that are replaced. The owner or

259

operator of a unit that is shutdown and replaced must comply with

260

the provisions of Section 217.396(c)(3) before the replacement unit

261

may be included in an emissions averaging plan.

262

263

Units which the owner or operator is claiming are exempt pursuant

264

to Section 217.386(b) or as low usage units pursuant to Section

265

217.388(c).

266

267

An owner or operator must submit an emissions averaging plan to the Agency by

Electronic Filing - Received, Clerk's Office, February 5, 2009

Page

268

the applicable compliance date set forth in Section 217.392, or by May 1 of the

269

year in which the owner or operator is using a new emissions averaging plan to

270

comply.

271

272

The plan must include, but is not limited to:

273

274

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

275

number and permit number.

276

277

A sample calculation demonstrating compliance using the

278

methodology provided in subsection (f) of this Section for both the

279

ozone season and calendar year.

280

281

The plan will be effective as follows:

282

283

An initial plan for units required to comply by January 1, 2008,

284

effective January 1, 2008;

285

286

An initial plan for units required to comply by May 1, 2010, is

287

effective May 1, 2010, for those units:

288

289

A new plan submitted pursuant to subsection (b) of this Section but

290

not submitted by January 1, 2008, or May 1, 2010, is effective

291

retroactively to January 1 of the applicable year; or

292

293

An amended plan submitted pursuant to subsection (d) of this

294

Section is effective on the date it is received by the Agency.

295

296

An owner or operator may amend an emissions averaging plan only once per

297

calendar year. An amended plan must include the information from subsection

298

(b)(1) and may change, but is not limited to changing, the group of affected units

299

or reflecting changes in the operation of the affected units. An amended plan

300

must be submitted to the Agency by May 1 of the applicable calendar year and is

301

effective as set forth in subsection (b)(2) of this Section. If an amended plan is

302

not received by the Agency by May 1 of the applicable calendar year, the previous

303

year’s plan will be the applicable emissions averaging plan.

304

305

Notwithstanding subsection (c) of this Section, an owner or operator, and the

306

buyer or seller

, if applicable:

307

308

Must submit an updated emissions averaging plan or plans to the Agency

309

within 60 days, if a unit that is listed in an emissions averaging plan is sold

310

or taken out of service.

311

Electronic Filing - Received, Clerk's Office, February 5, 2009

Page

312

May amend its emissions averaging plan to include another unit within 30

313

days after discovering that the unit no longer qualifies as an exempt unit

314

pursuant to Section 217.386(b) or as a low usage unit pursuant to Section

315

217.388(c).

316

317

May submit an updated emissions averaging plan or plans to the Agency

318

within 60 days of purchasing a new unit to include the new unit.

319

320

An owner or operator must:

321

322

Demonstrate compliance for both the ozone season (May 1 through

323

September 30) and the calendar year (January 1 through December 31) by

324

using the methodology and the units listed in the most recent emissions

325

averaging plan submitted to the Agency pursuant to subsection (b), (c), or

326

(d) of this Section; the higher of the monitoring or test data determined

327

pursuant to Section 217.394; and the actual hours of operation for the

328

applicable control period;

329

330

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

331

compliance cannot be demonstrated for that ozone season; and

332

333

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

334

compliance report containing the information required by Section

335

217.396(c)(4).

336

337

The total mass of actual NO

emissions from the units listed in the emissions

338

averaging plan must be equal to or less than the total mass of allowable NO

339

emissions for those units for both the ozone season and calendar year. The

340

following equation must be used to determine compliance:

341

342

act

≤

all

343

344

Where:

act

∑

345

act(i)

all

∑

all(i)

346

act

347

Total sum of the actual NO

mass emissions from

348

units included in the averaging plan for each fuel used (lbs

349

per ozone season and calendar year).

all

350

Total sum of the allowable NO

mass emissions from units

351

included in the averaging plan for each fuel used (lbs per

352

ozone season and calendar year).

Electronic Filing - Received, Clerk's Office, February 5, 2009

Page

all(i)

353

Total mass of allowable NO

emissions in lbs for a unit as

354

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

act(i)

355

Total mass of actual NO

emissions in lbs for a unit

356

as determined in subsection (g)(1) or (h)(1) of this Section.

357

Subscript denoting an individual unit and fuel used.

358

Number of different units in the averaging plan.

359

360

For each unit in the averaging plan, and each fuel used by a unit, determine actual

361

and allowable NO

emissions using the following equations, except as provided

362

for in subsection (h) of this Section:

363

364

Actual emissions must be determined as follows:

365

act(i)

366

act(i)

x H

xF x

d act j

act i

∑













−

2()

(

( ))

()

20.9 %

20.9

367

368

369

Allowable emissions must be determined as follows:

370

all(i)

x H

371

372

xF x

d all

all i

∑













−

2()

()

20.9 %

20.9

373

374

375

Where:

act(i)

376

Total mass of actual NO

emissions in lbs for a unit, except

377

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

378

Section.

all(i)

379

Total mass of allowable NO

emissions in lbs for a unit,

380

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

act

381

Actual NO

emission rate (lbs/mmBtu) calculated

382

according to the above equation.

all

383

Allowable NO

emission rate (lbs/mmBtu)

384

calculated according to the above equation, as applicable.

385

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

386

calculated from fuel flow meter and the heating

387

value of the fuel used.

d(act)

388

Actual concentration of NO

in lb/dscf (ppmv x

389

1.194 x 10

-7

) on a dry basis for the fuel used. Actual

390

concentration is determined on each of the most recent test

Electronic Filing - Received, Clerk's Office, February 5, 2009

Page

391

runs or monitoring passes performed pursuant to Section

392

217.394, whichever is higher.

d(all)

393

Allowable concentration of NO

in lb/dscf (allowable

394

emission limit in ppmv specified in Section 217.388(a),

395

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

396

or (g)(7) of this Section, if applicable,(multiplied by 1.194

397

x 10

-7

) on a dry basis for the fuel used.

398

The ratio of the gas volume of the products of combustion

399

to the heat content of the fuel (dscf/mmBtu) as given in the

400

table of F Factors included in 40 CFR 60, appendix A,

401

Method 19 or as determined using 40 CFR 60, appendix A,

402

Method 19.

403

Concentration of oxygen in effluent gas stream measured

404

on a dry basis during each of the applicable tests or

405

monitoring runs used for determining emissions, as

406

represented by a whole number percent, e.g., for 18.7%O

407

18.7 would be used.

408

Subscript denoting an individual unit and the fuel used.

409

Subscript denoting each test run or monitoring pass for an

410

affected unit for a given fuel.

411

The number of test runs or monitoring passes for an

412

affected unit using a given fuel.

413

414

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

415

emissions from the affected unit that was replaced should be used in the

416

averaging calculations and the actual NO

emissions for the electric-

417

powered replacement unit (EM

act elec(i)

) are zero. Allowable NO

emissions

418

for the electric-powered replacement are calculated using the actual total

419

bhp-hrs generated by the electric-powered replacement unit on an ozone

420

season and on an annual basis multiplied by the allowable NO

emission

421

rate in lb/bhp-hr of the replaced unit. The allowable mass of NO

422

emissions from an electric-powered replacement unit (EM

all elec(i)

) must be

423

determined by multiplying the nameplate capacity of the unit by the hours

424

operated during the ozone season or annually and the allowable NO

425

emission rate of the replaced unit (E

all rep

) in lb/mmBtu converted to

426

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

427

428

all elec(i)

= bhp x OP x F x E

all rep(i)

429

430

Where:

431

all elec(i)

432

Mass of allowable NO

emissions from the electric-

Electronic Filing - Received, Clerk's Office, February 5, 2009

Page

433

powered replacement unit in pounds per ozone season or

434

calendar year.

bhp

435

Nameplate capacity of the electric-powered

436

replacement unit in brake horsepower.

437

Operating hours during the ozone season or calendar

438

year.

439

Conversion factor of 0.0077 mmBtu/bhp-hr.

440

all rep(i)

Allowable NO

emission rate (lbs/mmBtu) of the replaced

441

unit.

442

Subscript denoting an individual electric unit and the fuel

443

used.

444

445

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

emissions

446

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

447

Section must be the higher of the actual NO

emissions as determined by

448

testing or monitoring data or the applicable uncontrolled NO

emissions

449

factor from Compilation of Air Pollutant Emission Factors: AP-42,

450

Volume I: Stationary Point and Area Sources, as incorporated by reference

451

in Section 217.104 for the unit that was replaced.

452

453

For a unit that is replaced with purchased power, the allowable NO

454

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

455

Section must be the emissions concentration set forth in Section

456

217.388(a) or subsection (g)(6) of this Section, when applicable, for the

457

type of unit that was replaced. For owners or operators replacing units

458

with purchased power, the annual hours of operations that must be used

459

are the calendar year hours of operation for the unit that was shut down

460

averaged over the three-year period prior to the shutdown. The actual NO

461

emissions for the units replaced by purchased power (EM

(i)act(i)

) are zero.

462

These units may be included in any emissions averaging plan for no more

463

than five years beginning with the calendar year that the replaced unit is

464

shut down.

465

466

For units that have a later compliance date, allowable emissions rate used

467

in the above equations set forth in subsection (g)(2) of this Section must

468

be:

469

470

Prior to the applicable compliance date pursuant to Section

471

217.392, the higher of the actual NO

emissions as determined by

472

testing or monitoring data or the applicable uncontrolled NO

473

emissions factor from Compilation of Air Pollutant Emission

474

Factors: AP-42, Volume I: Stationary Point and Areas Sources, as

475

incorporated by reference in Section 217.104; or

476

Electronic Filing - Received, Clerk's Office, February 5, 2009

Page

477

On and after the unit’s applicable compliance date pursuant to

478

Section 217.392, the applicable emissions concentration for that

479

type of unit pursuant to Section 217.388(a).

480

481

For a low usage unit complying with the requirements of Section

482

217.388(c) and used in an emissions averaging plan, the allowable NO

483

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

484

this Section must be the higher of the actual NO

emissions as determined

485

by testing or monitoring data or the applicable uncontrolled NO

emissions

486

factor from Compilation of Air Pollutant Emission Factors: AP-42,

487

Volume I: Stationary Point and Area Sources, as incorporated by reference

488

in Section 217.104.

489

490

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

491

emissions determined pursuant to subsection (h)(1) of this Section is less than or

492

equal to the allowable NO

emissions calculated in accordance with the equations

493

in subsections (f) and (h)(2) of this Section for both the ozone season and calendar

494

year. The equations in subsection (g) of this Section will not apply.

495

496

The total mass of actual NO

emissions in lbs for a unit (EM

act

) must be

497

the sum of the total mass of actual NO

emissions from each affected unit

498

using CEMS data collected in accordance with 40 CFR 60 or 75, or

499

alternate methodology that has been approved by the Agency or USEPA

500

and included in a federally enforceable permit.

501

502

The allowable NO

emissions must be determined as follows:

503

∑

−

all

flow

504

(

( )

)

(

*1.19410 )

505

506

Where:

507

all(i)

508

Total mass of allowable NO

emissions in lbs for a unit.

fFlow

509

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

510

Allowable concentration of NO

(ppmv) specified in

511

Section 217.388(a) for a given stack, (1.194 x 10

-7

)

512

converts to lb/dscf).

513

subscript denoting each hour operation of a given unit.

514

Total number of hours of operation of a unit.

515

Subscript denoting an individual unit and the fuel used.

516

517

(Source: Amended at

Ill. Reg.

, effective

)

518

Electronic Filing - Received, Clerk's Office, February 5, 2009

Page

Section 217.392

519

Compliance

520

521

On and after January 1, 2008, an owner or operator of an affected engine listed in

522

Appendix G may not operate the affected engine unless the requirements of this

523

Subpart Q are met or the affected engine is exempt pursuant to Section

524

217.386(b).

525

526

On and after May 1, 2010, an owner or operator of a unit identified by Section

527

217.386(b)(2), and that is not listed in Appendix G, may not operate the affected

528

unit unless the requirements of this Subpart Q are met or the affected unit is

529

exempt pursuant to Section 217.386(b).

530

531

Owners and operators of an affected unit may use NO

allowances to meet the

532

compliance requirements in Section 217.388 as specified in this subsection (c). A

533

allowance is defined as an allowance used to meet the requirements of a NO

534

trading program in which the State of Illinois participates, administered by

535

USEPA where one allowance is equal to one ton of NO

emissions.

536

537

allowances may be used only under the following circumstances:

538

539

An anomalous or unforeseen operating scenario inconsistent with

540

historical operations for a particular ozone season or calendar year

541

that causes an exceedance of an emissions or operation hour

542

limitation;

543

544

To achieve compliance no more than two events in any rolling

545

five-year period; and

546

547

If the anomalous or unforeseen operating scenario occurs during an

548

ozone season, it counts as a single event for purposes of the

549

calendar year even if there is an exceedance of both an ozone

550

season emission limitation and an annual emissions limitations as a

551

result of such operating scenario; and

552

DC)

553

For a unit that is not listed in Appendix G.

554

555

The owner or operator of the affected unit must surrender to the Agency a

556

allowance for each ton or portion of a ton of NO

by which actual

557

emissions exceed allowed emissions, as follows:

558

A).

559

Where a low usage limitation under Section 217.388(c)(2) has been

560

exceeded, the owner or operator of the affected unit must calculate

561

the NO

emissions resulting from the number of hours that

562

exceeded the operating hour low usage limit and surrender to the

Electronic Filing - Received, Clerk's Office, February 5, 2009

Page

563

Agency one NO

allowance for each ton or portion of a ton of NO

564

that was calculated.

565

566

For noncompliance of a limitation in an emissions averaging plan

567

which includes low usage units, the owner or operator of the

568

affected low usage unit must calculate the NO

emissions using the

569

applicable allowable emissions concentration from Section

570

217.388(a).

571

572

For noncompliance with a seasonal limit in Section 217.388(b),

573

only a NO

ozone season allowance must be used.

574

575

For noncompliance with the emissions concentration limits in

576

Section 217.388(a), low usage limitations in Section 217.388(c) or

577

an annual limitation in an emissions averaging plan in Section

578

217.388(b), only a NO

annual allowance may be used.

579

580

Notwithstanding the provisions of subsections (c)(2)(C) and

581

(c)(2)(D) of this Section, if a NO

annual trading program does not

582

exist, a NO

ozone season allowance may be used for

583

noncompliance with the emissions concentration limits in Section

584

217.388(a), low usage limitations in Section 217.388(c) or an

585

annual limitation in an emissions averaging plan in Section

586

217.388(b).

587

588

The owner operator must submit a report documenting the circumstances

589

that required the use of NO

allowances and identify what actions will be

590

taken in subsequent years to address these circumstances and must transfer

591

the NO

allowances to the Agency’s federal NO

retirement account. The

592

report and the transfer of allowances must be submitted by October 31 for

593

exceedances during the ozone season and March 1 for exceedances of the

594

emissions concentration limits, the annual emissions averaging plan limits,

595

or low usage limitations. The report must contain the NATS serial

596

numbers of the NO

allowances.

597

598

(Source: Amended at

Ill. Reg.

, effective

)

599

Section 217.394

600

Testing and Monitoring

601

602

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

603

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

604

605

By January 1, 2008, for affected engines listed in Appendix G.

606

Performance tests must be conducted on units listed in Appendix G, even

Electronic Filing - Received, Clerk's Office, February 5, 2009

Page

607

if the unit is included in an emissions averaging plan pursuant to Section

608

217.388(b).

609

610

By the applicable compliance date as set forth in Section 217.392, or

611

within the first 876 hours of operation per calendar year, which ever is

612

later:

613

614

For affected units not listed in Appendix G that operate more than

615

876 hours per calendar year; and

616

617

For units that are not affected units that are included in an

618

emissions averaging plan and operate more than 876 hours per

619

calendar year.

620

621

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

622

set forth in Section 217.392:

623

624

For affected units that operate fewer than 876 hours per calendar

625

year; and

626

627

For

units that are not affected units that are included in an

628

emissions averaging plan and that operate fewer than 876 hours per

629

calendar year.

630

631

An owner or operator of an engine or turbine must conduct subsequent

632

performance tests pursuant to subsection (c)(1), (c)(2), or (c)(3) of this Section as

633

follows:

634

635

For affected engines listed in Appendix G and all units included in an

636

emissions averaging plan, once every five years. Testing must be

637

performed in the calendar year by May 1 or within 60 days after starting

638

operation, whichever is later;

639

640

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

641

applicable emissions concentration or emissions averaging plan, the owner

642

or operator must report the deviation to the Agency in writing within 30

643

days and conduct a performance test pursuant to subsection (c) of this

644

Section within 90 days of the determination of noncompliance; and

645

646

When in the opinion of the Agency or USEPA, it is necessary to conduct

647

testing to demonstrate compliance with Section 217.388, the owner or

648

operator of a unit must, at his or her own expense, conduct the test in

649

accordance with the applicable test methods and procedures specified in

650

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

Electronic Filing - Received, Clerk's Office, February 5, 2009

Page

651

or USEPA.

652

653

Testing Procedures:

654

655

For an engine: The owner or operator must conduct a performance test

656

using Method 7 or 7E of 40 CFR 60, appendix A, as incorporated by

657

reference in Section 217.104. Each compliance test must consist of three

658

separate runs, each lasting a minimum of 60 minutes. NO

emissions must

659

be measured while the affected unit is operating at peak load. If the unit

660

combusts more than one type of fuel (gaseous or liquid), including backup

661

fuels, a separate performance test is required for each fuel.

662

663

For a turbine: The owner or operator must conduct a performance test

664

using the applicable procedures and methods in 40 CFR 60.4400, as

665

incorporated by reference in Section 217.104.

666

667

Monitoring: Except for those years in which a performance test is conducted

668

pursuant to subsection (a) or (b) of this Section, the owner or operator of an

669

affected unit or a unit included in an emissions averaging plan must monitor NO

670

concentrations annually, once between January 1 and May 1 or within the first 876

671

hours of operation per calendar year, whichever is later. If annual operation is less

672

than 876 hours per calendar year, each affected unit must be monitored at least

673

once every five years. Monitoring must be performed as follows:

674

675

A portable NO

monitor and utilizing method ASTM D6522-00, as

676

incorporated by reference in Section 217.104, or a method approved by the

677

Agency must be used. If the engine or turbine combusts both liquid and

678

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

679

for each fuel.

680

681

and O

concentrations measurements must be taken three times for a

682

duration of at least 20 minutes. Monitoring must be done at highest

683

achievable load. The concentrations from the three monitoring runs must

684

be averaged to determine whether the affected unit is in compliance with

685

the applicable emissions concentration or emissions averaging plan as

686

specified in Section 217.388.

687

688

Instead of complying with the requirements of subsections (a), (b), (c) and (d) of

689

this Section, an owner or operator may install and operate a CEMS on an affected

690

unit that meets the applicable requirements of 40 CFR 60, subpart A and appendix

691

B or 40 CFR 75, incorporated by reference in Section 217.104, and complies with

692

the quality assurance procedures specified in 40 CFR 60, appendix F or 40 CFR

693

75 as incorporated by reference in Section 217.104, or an alternate procedure as

694

approved by the Agency or USEPA in a federally enforceable permit. The CEMS

Electronic Filing - Received, Clerk's Office, February 5, 2009

Page

695

must be used to demonstrate compliance with the applicable emissions

696

concentration or emissions averaging plan only on an ozone season and annual

697

basis.

698

699

The testing and monitoring requirements of this Section do not apply to affected

700

units in compliance with the requirements of the low usage limitations pursuant to

701

Section 217.388(c) or low usage units using NO

allowances to comply with the

702

requirements of this Subpart pursuant to Section 217.392(c), unless such units are

703

included in an emissions averaging plan. Notwithstanding the above

704

circumstances, when in the opinion of the Agency or USEPA, it is necessary to

705

conduct testing to demonstrate compliance with Section 217.388, the owner or

706

operator of a unit must, at his or her own expense, conduct the test in accordance

707

with the applicable test methods and procedures specified in this Section within

708

90 days after receipt of a notice to test from the Agency or USEPA.

709

710

(Source: Amended at

Ill. Reg.

, effective

)

711

Section 217.396

712

Recordkeeping and Reporting

713

714

Recordkeeping. The owner or operator of any unit included in an emissions

715

averaging plan (e.g., affected units, nonsubject units, units that could be exempt

716

pursuant to Section 217.386(b), and low usage units) or an affected unit that is not

717

exempt pursuant to Section 217.386(b) and is not subject to a the low usage

718

exemption of Section 217.388(c) must maintain records that demonstrate

719

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

720

limited to:

721

722

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

723

724

Calendar date of the record.

725

726

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

727

ozone season.

728

729

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

730

731

The results of all monitoring performed on the unit and reported

732

deviations.

733

734

The results of all tests performed on the unit.

735

736

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

737

pollution control equipment, and the applicable monitoring device

738

pursuant to Section 217.388(d).

Electronic Filing - Received, Clerk's Office, February 5, 2009

Page

739

740

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

741

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

742

records must include, at a minimum, date, load levels and any manual

743

adjustments, along with the reason for the adjustment (e.g., air to fuel

744

ratio, timing or other settings).

745

746

If complying with the emissions averaging plan provisions of Sections

747

217.388(b) and 217.390, copies of the calculations used to demonstrate

748

compliance with the ozone season and annual control period limits,

749

noncompliance reports for the ozone season, and ozone and annual control

750

period compliance reports submitted to the Agency.

751

10)

752

Identification of time periods for which operating conditions and pollutant

753

data were not obtained by either the CEMS or alternate monitoring

754

procedures including the reasons for not obtaining sufficient data and a

755

description of corrective actions taken.

756

11)

757

Any NO

allowance reconciliation reports submitted pursuant to Section

758

217.392(c)(3).

759

760

The owner or operator of an affected unit or unit included in an emissions

761

averaging plan must maintain the records required by subsection (a) or (d) of this

762

Section, as applicable, for a period of five-years at the source at which the unit is

763

located. The records must be made available to the Agency and USEPA upon

764

request.

765

766

Reporting Requirements

767

768

The owner or operator must notify the Agency in writing 30 days and five

769

days prior to testing, pursuant to Section 217.394(a) and (b) and:

770

771

If, after the 30-days notice for an initially scheduled test is sent,

772

there is a delay (e.g., due to operational problems) in conducting

773

the performance test as scheduled, the owner or operator of the unit

774

must notify the Agency as soon as possible of the delay in the

775

original test date, either by providing at least seven days prior

776

notice of the rescheduled date of the performance test, or by

777

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

778

779

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

780

and

781

782

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

Electronic Filing - Received, Clerk's Office, February 5, 2009

Page

783

results of the test to the Agency.

784

785

Pursuant to the requirements for monitoring in Section 217.394(d), the

786

owner or operator of the unit must report to the Agency any monitored

787

exceedances of the applicable NO

concentration from Section 217.388(a)

788

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

789

790

Within 90 days after permanently shutting down an affected unit or a unit

791

included in an emissions averaging plan, the owner or operator of the unit

792

must withdraw or amend the applicable permit to reflect that the unit is no

793

longer in service.

794

795

If demonstrating compliance through an emissions averaging plan:

796

797

By October 31 following the applicable ozone season, the owner or

798

operator must notify the Agency if he or she cannot demonstrate

799

compliance for that ozone season; and

800

801

By January 31 following the applicable calendar year, the owner or

802

operator must submit to the Agency a report that demonstrates the

803

following:

804

805

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

806

the total mass of allowable NO

emissions for the ozone

807

season and for the annual control period;

808

ii)

809

The total mass of actual NO

emissions for the ozone

810

season and annual control period for each unit included in

811

the averaging plan;

812

iii)

813

The calculations that demonstrate that the total mass of

814

actual NO

emissions are less than the total mass of

815

allowable NO

emissions using equations in Sections

816

217.390(f) and (g); and

817

iv)

818

The information required to determine the total mass of

819

actual NO

emissions and the calculations performed in

820

subsection (c)(4)(B)(iii) of this Section.

821

822

If operating a CEMS, the owner or operator must submit an excess

823

emissions and monitoring systems performance report in accordance with

824

the requirements of 40 CFR 60.7(c) and 60.13, or 40 CFR 75 incorporated

825

by reference in Section 217.104, or an alternate procedure approved by the

826

Agency or USEPA and included in a federally enforceable permit.

Electronic Filing - Received, Clerk's Office, February 5, 2009

Page

827

828

If using NO

allowances to comply with the requirements of Section

829

217.388, reconciliation reports as required by Section 217.392(c)(3).

830

831

The owner or operator of an affected unit that is complying with the low usage

832

provisions of Section 217.388(c) must:

833

834

For each unit complying with Section 217.388(c)(1), maintain a record of

835

the NO

emissions for each calendar year;

836

837

For each unit complying with Section 217.388(c)(2), maintain a record of

838

bhp or MW hours operated each calendar year; and

839

840

For each unit utilizing NO

allowances for compliance pursuant to Section

841

217.392(c)(3), maintain and submit any NO

allowance reconciliation

842

reports.

843

844

Instead of complying with the requirements of subsection (a) of this Section;

845

subsection (b) of this Section; subsections (c)(1) through (c)(4) of this Section;

846

and subsection (d) of this Section; an owner or operator of an affected unit

847

complying with the requirements of Section 217.388(a) and operating a CEMS on

848

that unit may meet the applicable testing, monitoring, reporting and recordkeeping

849

requirements for that CEMS of 40 CFR 75, as incorporated by reference in

850

Section 217.104.

851

852

(Source: Amended at

Ill. Reg.

, effective

)

853

Electronic Filing - Received, Clerk's Office, February 5, 2009