ILLINOIS POLLUTION CONTROL BOARD

ILLINOIS POLLUTION CONTROL BOARD
ABBREVIATED PROCEDURAL BACKGROUND
1. CONCLUSION
Nact ≤ Nall
Where:
1) Actual emissions must be determined as follows:
EMact(i) = Eact(i) x Hi
2) Allowable emissions must be determined as follows:
EMall(i) = Eall(i) x Hi
Where:

ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

SECTION 27 PROPOSED RULES FOR

NITROGEN OXIDE (NO

FROM STATIONARY RECIPROCATING

INTERNAL COMBUSTION ENGINES AND

TURBINES: AMENDMENTS TO 35 ILL.

ADM. CODE SECTION 201.146 AND

PARTS 211 AND 217

(Rulemaking - Air)

Proposed Rule. Final Notice.

OPINION AND ORDER OF THE BOARD (by A.S. Moore):

Today the Board adopts its final notice in this rulemaking amending Parts 201, 211, and

217 of its air pollution regulations and addressing emissions of nitrogen oxides (NO

Ill. Adm. Code 201, 211, 217.

On December 20, 2007, the Illinois Environmental Protection Agency (Agency or IEPA)

filed a motion to proceed in this docket with an amended rulemaking proposal. The Board

granted the motion on January 10, 2008. After conducting two public hearings on the amended

proposal, the Board on September 16, 2008, adopted its first-notice opinion and order.

Ill. Reg. 17035-17104 (Oct. 31, 2009). At its meeting on July 14, 2009, the Joint Committee on

Administrative Rules (JCAR) considered the Board’s second notice proposal and issued its

Certificate of No Objection to the proposed rules.

The adopted regulations control NO

emissions from engines and turbines located at 100

ton per year sources located in the Chicago and Metro East/St. Louis nonattainment areas with a

capacity of 500 brake horsepower (bhp) or 3.5 megawatts (MW). In its motion to proceed with

an amended proposal, the Agency stated that its proposed regulations would help Illinois to meet

Clean Air Act (CAA) requirements for NO

reasonably available control technology (RACT)

under the eight-hour National Ambient Air Quality Standard (NAAQS) for ozone and would also

improve air quality by reducing precursors of fine particulate matter (PM

In this opinion, the Board first provides an abbreviated procedural background of this

rulemaking and the background of federal requirements. The Board then addresses technical and

economic considerations before reaching its conclusion. Finally, the Board directs the Clerk to

file the proposed amendments with the Secretary of State for publication in the

Illinois Register

ABBREVIATED PROCEDURAL BACKGROUND

On April 6, 2007, the Agency filed a rulemaking proposal intended to reduce emissions

from stationary reciprocating engines and turbines. The Board docketed the proposal as

R07-18. In an order dated May 17, 2007, the Board concluded that the Agency’s entire proposal

was not “required to be adopted” by the CAA under Section 28.5 of the Environmental

Protection Act (Act). 415 ILCS 5/28.5 (2006) (repealed Dec. 31, 2007). Accordingly, the Board

bifurcated the proposal and continued to consider in docket R07-18 under Section 28.5 “fast-

track” procedures only the portion of the proposal applicable to the 28 internal combustion

engines affected by the NO

State Implementation Plan (SIP) Call Phase II.

In a new docket, R07-19, the Board provided first-notice publication of the remainder of

the Agency’s proposal under the general rulemaking provisions of Sections 27 and 28 of the Act

(415 ILCS 5/27, 28 (2006)). Section 27 Proposed Rules for Nitrogen Oxide (NO

from Stationary Reciprocating Internal Combustion Engines and Turbines: Amendments to 35

Ill. Adm. Code Parts 211 and 217, R07-19, slip op. at 2, 34-35 (May 17, 2007);

7683, 7702 (June 8, 2007). The Board’s opinion and order bifurcating the Agency’s original

proposal did not comment on the substantive merits of docket R07-19.

Section 27 Proposed

Rules for Nitrogen Oxide (NO

) Emissions from Stationary Reciprocating Internal Combustion

Engines and Turbines: Amendments to 35 Ill. Adm. Code Parts 211 and 217, R07-19, slip op. at

2, 34-35 (May 17, 2007)

The Board adopted final rules in R07-18 on September 20, 2007.

Fast-Track Rules Under Nitrogen Oxide (NO

) SIP Call Phase II: Amendments to 35 Ill. Adm.

Code Section 201.146 and Parts 211 and 217

, R07-18 (Sept. 20, 2007);

31 Ill. Reg. 14254-71

(Oct. 12, 2007).

On June 15, 2007, the hearing officer issued an order scheduling two hearings in R07-19

and setting deadlines for prefiled testimony. On August 23, 2007, the Agency filed a motion to

cancel the scheduled hearings and prefiling deadlines. In an order dated August 27, 2007, the

hearing officer granted the motion. At the direction of the hearing officer, the Agency

subsequently filed two status reports, a first on October 31, 2007, and a second on November 19,

2007, which indicated that the Agency would file an amended proposal with the Board before the

end of December 2007.

On December 20, 2007, the Agency filed its “Motion to Proceed with Amended Proposal

and Withdraw Testimony” (Mot. Amend). The motion included as Attachment B an amended

Technical Support Document (TSD). On January 3, 2008, the Illinois Environmental Regulatory

Group (IERG) filed its response to the Agency’s motion. In an order dated January 10, 2008, the

Board granted the Agency’s motion. In a letter dated January 23, 2008, the Board requested that

the Department of Commerce and Economic Opportunity (DCEO) conduct an economic impact

study of the amended proposal.

415 ILCS 5/27(b) (2008). The Board did not receive a

response to that request.

On March 26, 2008, the Board received prefiled testimony from four witnesses: Mr.

Robert Kaleel (Kaleel Test.) and Mr. Yoginder Mahajan on behalf of the Agency; Mr. Kevin

Wagner on behalf of the Illinois Municipal Electric Agency (IMEA); and Ms. Deirdre Hirner on

behalf of IERG. The first hearing in this proceeding took place on April 9, 2008, in

Edwardsville, Madison County. At the first hearing, the hearing officer admitted into the record

a single exhibit, a finding by the United States Environmental Protection Agency (USEPA) that

Illinois had failed to submit SIPs required under the eight-hour NAAQS for ozone (Exh. 1).

73 Fed. Reg. 15416-21 (Mar. 24, 2008). On April 14, 2008, the Board received the transcript of

the first hearing (Tr.1).

In an order dated April 17, 2008, the Board directed its Clerk to withdraw the proposed

amendments that the Board had originally sent to first-notice publication in this docket. Section

27 Proposed Rules for Nitrogen Oxide (NO

) Emissions from Stationary Reciprocating Internal

Combustion Engines and Turbines: Amendments to 35 Ill. Adm. Code Parts 211 and 217, R07-

19, slip op. at 1-2 (Apr. 17, 2008);

31 Ill. Reg. 7683, 7702 (June 8, 2007). On May 2, 2008,

the Secretary of State published notice of withdrawal of the proposed amendments. 32 Ill. Reg.

7230-31 (May 2, 2008).

On April 23, 2008, the Board received prefiled testimony from Mr. James McCarthy of

Innovative Environmental Solutions, Inc. on behalf of two natural gas transmission companies,

ANR Pipeline Company and Natural Gas Pipeline Company of America (collectively, the

Pipeline Group). The second hearing in this proceeding took place on May 7, 2008 in Chicago.

At the second hearing, the hearing officer admitted into the record one exhibit, a document

offered by the Agency and entitled “Clarifications and

Sheet.” The Board received the

transcript of the second hearing on May 8, 2008 (Tr.2).

In an order dated May 12, 2008, the hearing officer set a deadline of June 9, 2008 for

filing post-hearing comments and a deadline of June 23, 2008 for filing a response to post-

hearing comments. On June 9, 2008, the Board received post-hearing comments from the

Agency (PC 1), IMEA, and IERG. On June 23, 2008, the Board received a response to post-

hearing comments from the Agency. On July 1, 2008, the Board received a comment from Mr.

Don C. DiCristoforo of Blue Sky Environmental LLC (Blue Sky). On July 16, 2008, the Board

received from the Agency a motion for leave to file

a response to the comment filed on

behalf of Blue Sky, accompanied by the Agency’s response to that comment.

On September 16, 2008, the Board issued its first-notice opinion and order.

Reg. 17035-74 (Oct. 31, 2008). In its opinion, the Board among other actions granted the

Agency’s July 16, 2008 motion for leave to file

a response to Blue Sky’s July 1, 2008

post-hearing comment and accepted that response into the record.

On December 12, 2008, IMEA and IERG filed a joint motion for an extension of time

requesting that the Board or hearing officer extend the deadline for filing first-notice comments.

In an order dated December 23, 2008, the hearing officer extended that deadline to February 2,

On December 22, 2008, the Board received a comment from Pamela F. Faggert, Vice

President and Chief Environmental Officer of Dominion Resources Services, Inc.

On February 5, 2009, the Agency filed its first-notice comments (PC 8), accompanied by

a motion to file

. On February 6, 2009, IERG filed its first-notice comments,

accompanied by a motion to file

. On February 10, 2009, the Agency filed a motion to

and its response to first-notice comments.

On March 19, 2009, the Agency filed a motion for expedited review and also submitted a

letter from USEPA regarding potential sanctions against the state (PC 11). On March 23, 2009,

the Agency also submitted a letter requesting that the Board expedite consideration of this

proposal in order to avoid federal sanctions. On March 24, 2009, the hearing officer issued an

order providing that, in order for the Board to address the Agency’s motion to expedite at its

April 2, 2009, meeting, participants wishing to respond to the Agency’s motion must file a

response by March 30, 2009. On March 24, 2009, the Pipeline Consortium filed its response

supporting the Agency’s motion to expedite. On March 30, 2009, IERG filed its response

expressing no objection to the Agency’s motion to expedite. On April 2, 2009, the Board granted

the Agency’s motion to expedite.

On May 21, 2009, the Board adopted its second notice opinion and order. In its opinion,

the Board among other actions granted the motions to file

filed by the Agency on

February 5, 2009, and February 10, 2009, and by IERG on February 6, 2009. On June 23, 2009,

the Agency filed comments on the second notice proposal with the Board.

At its meeting on July 14, 2009, JCAR considered the Board second notice proposal and

issued its “Certificate of No Objection.” JCAR proposed non-substantive amendments, which

the Board adopts in its order below.

BACKGROUND OF FEDERAL REQUIREMENTS

USEPA revised the NAAQS for PM

and ozone in 1997. TSD at 11 (§2.1), citing 62

Fed. Reg. 38652 (July 18, 1997) (PM

standards), 62 Fed. Reg. 38855 (July 18, 1997) (ozone

Kaleel Test. at 2. Upon establishing the NAAQS for PM

, USEPA designated

two areas in Illinois, Chicago and Metro East/St. Louis, as nonattainment areas.

at 12 (Figure 2-1). “These designations became effective on April 5, 2005.”

. at 11, citing 70

Fed. Reg. 943 (Jan. 5, 2005). USEPA has since reviewed the NAAQS for PM

strengthened the 24-hour standard. Kaleel Test. at 2, citing 71 Fed. Reg. 61144 (Oct. 17, 2006).

“The revised NAAQS for ozone replaced the previous 1-hour averaging time with an 8-

hour averaging time, and reduced the applicable ambient concentration threshold from 0.12 parts

per million (ppm) to 0.08 ppm.” TSD at 11; Kaleel Test. at 2. USEPA has designated two areas

in Illinois, greater Chicago and Metro East/St. Louis, as moderate nonattainment areas for

NAAQS, the following jurisdictions comprise the greater Chicago nonattainment

area: Cook, DuPage, Kane, Lake, McHenry, and Will Counties, Aux Sable and Goose Lake

Townships in Grundy County, and Oswego Township in Kendall County. TSD at 11; Mot.

Amend at 2 n.1. The following Illinois jurisdictions comprise the Metro-East/St. Louis

nonattainment area: Madison, Monroe, and St. Clair Counties and Baldwin Township of

Randolph County. TSD at 11; Mot. Amend at 2 n.1.

. at 12 (Figure 2-2), Kaleel Test. at 2. “These designations became

effective on June 15, 2004.” TSD at 11, citing 69 Fed. Reg. 23858 (Apr. 3, 2004).

For the eight-hour ozone NAAQS, the following jurisdictions comprise the greater Chicago

nonattainment area: Cook, DuPage, Kane, Lake, McHenry, and Will Counties, Aux Sable and

“Under Section 110 of the CAA and related provisions, states are required to submit for

USEPA’s approval SIPs that provide for the attainment and maintenance of standards established

by USEPA through control programs directed to sources of the pollutant involved.” Kaleel Test.

at 3, citing 42 U.S.C. §7410. “USEPA has determined that, in addition to direct particulate

matter, that NO

, sulfur dioxide (SO

), VOCs [volatile organic compounds], and ammonia are

precursors to the formation of PM

.” Kaleel Test. at 2-3. Accordingly, states are required to

address issues including NO

emissions in their attainment plans under the 1997 PM

. at 3. “This rulemaking addresses NO

as a precursor to ozone and PM

” TSD at 13 (§2.2).

The CAA includes provisions for the state to address emissions sources on an area-wide

basis through requirements including reasonably available control measures (RACM) and

reasonably available control technology (RACT). Kaleel Test. at 3, citing 42 U.S.C. §§ 7502,

7511a. In nonattainment areas,

the CAA requires the State to demonstrate that it has adopted ‘all reasonably

available control measures as expeditiously as possible (including such reductions

in emissions from existing sources in the area as may be obtained through the

adoption, at a minimum, of reasonably available control technology) and shall

provide for attainment of the national primary ambient air quality standards.’

Kaleel Test. at 3, citing 42 U.S.C. § 7502(c)(1).

Under Sections 172 and 182 of the CAA, “RACT is required for all existing major sources of the

applicable criteria pollutant and its precursors” in the nonattainment areas. TSD at 13. USEPA

has defined RACT as “the lowest emission limitation that a particular source is capable of

meeting by the application of control technology that is reasonably available considering

technological feasibility and economic reasonableness.” TSD at 13, citing 70 Fed. Reg. 71612

(Nov. 29, 2005). In moderate nonattainment areas such as Illinois’, the major source threshold is

100 tons per year. TSD at 13.

USEPA recently issued a “Finding of Failure to Submit State Implementation Plans (SIP)

Required for the 1997 8-Hour Ozone NAAQS.” PC 1 at 1, citing 73 Fed. Reg. 15416 (Mar. 24,

Exh. 1. This action issued a SIP call to all states with ozone nonattainment areas that

had failed to submit complete RACT SIPs and began the running of sanctions clock. Exh. 1, Tr.

1 at 7-8. USEPA’s SIP Call included both the greater Chicago and Metro East/St. Louis areas.

PC 1 at 3; 73 Fed. Reg. 15417-18;

Although the Board in a letter dated January 23, 2008, requested that DCEO conduct an

economic impact study on the Agency’s amended rulemaking proposal (

415 ILCS 5/27(b)(1)

(2008)), the Board received no response to that request. At the second hearing, the Board

Goose Lake Townships in Grundy County, and Oswego Township in Kendall County. TSD at

11; Mot. Amend at 2 n.1. The following Illinois counties comprise the Metro-East/St. Louis

nonattainment area: Jersey, Madison, Monroe, and St. Clair. TSD at 11; Mot. Amend at 2 n.1.

received no testimony or comment regarding the absence of a response to the request.

In its first-notice opinion and order, the Board addressed the technical feasibility and

economic reasonableness of the Agency’s amended proposal by considering a number of issues:

the technical feasibility of controls for both engines and turbines, potentially affected sources,

projected emission reductions, and the cost-effectiveness of controls on both engines and

turbines. Section 27 Proposed Rules for Nitrogen Oxide (NO

) Emissions from Stationary

Reciprocating Internal Combustion Engines and Turbines: Amendments to 35 Ill. Adm. Code

Section 201.146 and Parts 211 and 217, R07-19, slip op. at 20-31 (Sept. 16, 2008). The Board

concluded, after addressing those issues, that the first notice proposal was technically feasible

and economically reasonable.

In its second notice opinion and order, the Board adopted amendments to the first-notice

proposal that had been proposed by the Agency in its first notice comments.

comments, the Agency stated that consultation with participants had resulted in agreement on all

issues with the Pipeline Group and on all issues other than replacement units in averaging plans

. Regarding that unresolved issue, the Board found the Agency’s proposed

language appropriately allows and encourages replacement of units with newer and cleaner units.

The Board agreed with the Agency that removing the requirement that a replacement unit be

used for the “same purpose,” as suggested by IERG, may not result in environmental benefits.

Accordingly, the Board declined to adopt alternate language proposed by IERG.

In its second notice opinion and order, the Board stated that it had adopted substantive

changes in the proposal only as offered by the Agency and reflecting consultation and agreement

with regulated entities. Thus, as it did in its first-notice opinion and order, the Board found the

proposed regulations to be technically feasible and economically reasonable.

Proposed Rules for Nitrogen Oxide (NO

) Emissions from Stationary Reciprocating Internal

Combustion Engines and Turbines: Amendments to 35 Ill. Adm. Code Section 201.146 and

Parts 211 and 217

, R07-19, slip op. at 13 (May 21, 2009).

Since adopting that second notice opinion and order, the Board has adopted only non-

substantive amendments as proposed by JCAR. Thus, the Board finds the proposed regulations

technically feasible and economically reasonable and below directs the Clerk to file them with

the Secretary of State for publication in the

Illinois Register

The Board finds that the record supports proceeding to final notice with the proposed

amendments to the Board’s regulations governing emissions of NO

in Parts 201, 211, and 217

(35 Ill. Adm. Code 201, 211, 217).

The Board directs the Clerk to file the following proposed amendments with the

Secretary of State for publication in the

Illinois Register

. Proposed additions are underlined, and

proposed deletions appear stricken.

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE B: AIR POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS

PERMITS AND GENERAL PROVISIONS

SUBPART A: DEFINITIONS

Other Definitions

Abbreviations and Units

Incorporations by Reference

SUBPART B: GENERAL PROVISIONS

Existence of Permit No Defense

Proof of Emissions

Burden of Persuasion Regarding Exceptions

SUBPART C: PROHIBITIONS

Prohibition of Air Pollution

Construction Permit Required

Operating Permits for New Sources

Operating Permits for Existing Sources

Exemptions from State Permit Requirements

Operation Without Compliance Program and Project Completion Schedule

Operation During Malfunction, Breakdown or Startups

Design of Effluent Exhaust Systems

SUBPART D: PERMIT APPLICATIONS AND REVIEW PROCESS

Contents of Application for Construction Permit

Incomplete Applications (Repealed)

Signatures (Repealed)

Standards for Issuance (Repealed)

Contents of Application for Operating Permit

Incomplete Applications

Standards for Issuance

Joint Construction and Operating Permits

Design Criteria

Revisions to Permits

Appeals from Conditions

Special Provisions for Certain Operating Permits

Portable Emission Units

SUBPART E: SPECIAL PROVISIONS FOR OPERATING PERMITS FOR CERTAIN

SMALLER SOURCES

Applicability (Repealed)

Expiration and Renewal (Repealed)

Requirement for a Revised Permit (Repealed)

SUBPART F: CAAPP PERMITS

Supplemental Information

Emissions of Hazardous Air Pollutants

Categories of Insignificant Activities or Emission Levels

Application for Classification as an Insignificant Activity

Revisions to Lists of Insignificant Activities or Emission Levels

SUBPART G: EXPERIMENTAL PERMITS (Reserved)

SUBPART H: COMPLIANCE PROGRAMS AND

PROJECT COMPLETION SCHEDULES

Contents of Compliance Program

Contents of Project Completion Schedule

Standards for Approval

Effects of Approval

Records and Reports

Submission and Approval Dates

SUBPART I: MALFUNCTIONS, BREAKDOWNS OR STARTUPS

Contents of Request for Permission to Operate During a Malfunction, Breakdown

Standards for Granting Permission to Operate During a Malfunction, Breakdown

Records and Reports

Continued Operation or Startup Prior to Granting of Operating Permit

Effect of Granting of Permission to Operate During a Malfunction, Breakdown or

SUBPART J: MONITORING AND TESTING

Permit Monitoring Equipment Requirements

Records and Reports

SUBPART K: RECORDS AND REPORTS

SUBPART L: CONTINUOUS MONITORING

Continuous Monitoring Requirements

Alternative Monitoring

Monitoring System Malfunction

Excess Emission Reporting

Retention of Information

Compliance Schedules

Rule into Section Table

Section into Rule Table

Past Compliance Dates

AUTHORITY: Implementing Sections 10, 39, and 39.5 and authorized by Sections 27 and 28 of

the Environmental Protection Act [415 ILCS 5/10, 27, 28, 39, and 39.5].

SOURCE: Adopted as Chapter 2: Air Pollution, Part I: General Provisions, in R71-23, 4 PCB

191, filed and effective April 14, 1972; amended in R78-3 and 4, 35 PCB 75 and 243, at 3 Ill.

Reg.30, p. 124, effective July 28, 1979; amended in R80-5, at 7 Ill. Reg. 1244, effective January

21, 1983; codified at 7 Ill. Reg. 13579; amended in R82-1 (Docket A) at 10 Ill. Reg. 12628,

effective July 7, 1986; amended in R87-38 at 13 Ill. Reg. 2066, effective February 3, 1989;

amended in R89-7(A) at 13 Ill. Reg. 19444, effective December 5, 1989; amended in R89-7(B)

at 15 Ill. Reg. 17710, effective November 26, 1991; amended in R93-11 at 17 Ill. Reg. 21483,

effective December 7, 1993; amended in R94-12 at 18 Ill. Reg. 15002, effective September 21,

1994; amended in R94-14 at 18 Ill. Reg. 15760, effective October 17, 1994; amended in R96-17

at 21 Ill. Reg. 7878, effective June 17, 1997; amended in R98-13 at 22 Ill. Reg. 11451, effective

June 23, 1998; amended in R98-28 at 22 Ill. Reg. 11823, effective July 31, 1998; amended in

R02-10 at 27 Ill. Reg. 5820, effective March 21, 2003; amended in R05-19 and R05-20 at 30 Ill.

Reg. 4901, effective March 3, 2006; amended in R07-19 at 32 Ill. Reg. _ ___, effective

SUBPART C: PROHIBITIONS

Section 201.146

Exemptions from State Permit Requirements

Construction or operating permits, pursuant to Sections 201.142, 201.143 and 201.144 of this

Part, are not required for the classes of equipment and activities listed below in this Section. The

permitting exemptions in this Section do not relieve the owner or operator of any source from

any obligation to comply with any other applicable requirements, including the obligation to

obtain a permit pursuant to Sections 9.1(d) and 39.5 of the Act, sections

Sections 165, 173 and

502 of the Clean Air Act or any other applicable permit or registration requirements.

Air contaminant detectors or recorders, combustion controllers or combustion

Air conditioning or ventilating equipment not designed to remove air

contaminants generated by or released from associated equipment;

Each fuel burning emission unit for indirect systems and for heating and reheating

furnace systems used exclusively for residential, or commercial establishments

using gas and/or fuel oil exclusively with a design heat input capacity of less than

14.6 MW (50 mmbtu/hr), except that a permit shall be required for any such

emission unit with a design heat input capacity of at least 10 mmbtu/hr that was

constructed, reconstructed or modified after June 9, 1989 and that is subject to 40

CFR 60, subpart Subpart D;

Each fuel burning emission unit other than those listed in subsection (c) of this

Section for direct systems used for comfort heating purposes and indirect heating

systems with a design heat input capacity of less than 2930 kW (10 mmbtu/hr);

Internal combustion engines or boilers (including the fuel system) of motor

vehicles, locomotives, air craft, watercraft, lift trucks and other vehicles powered

by nonroad engines;

Bench scale laboratory equipment and laboratory equipment used exclusively for

chemical and physical analysis, including associated laboratory fume hoods,

vacuum producing devices and control devices installed primarily to address

potential accidental releases;

Coating operations located at a source using not in excess of 18,925 l (5,000 gal)

of coating (including thinner) per year;

Any emission unit acquired exclusively for domestic use, except that a permit

shall be required for any incinerator and for any fuel combustion emission unit

using solid fuel with a design heat input capacity of 14.6 MW (50 mmbtu/hr) or

Any stationary internal combustion engine with a rated power output of less than

1118 kW (1500 bhphorsepower) or stationary turbine, except that a permit shall

be required for the following:

Any internal combustion engine with a rating at equal to or greater than

500 bhp output that is subject to the control requirements of 35 Ill. Adm.

Code 217.388(a) or (b); or

Any any stationary gas turbine engine with a rated heat input at peak load

of 10.7 gigajoules/hr (10 mmbtu/hr) or more that is constructed,

reconstructed or modified after October 3, 1977 and that is subject to

requirements of 40 CFR 60, subpart Subpart GG;

Rest room facilities and associated cleanup operations, and stacks or vents used to

prevent the escape of sewer gases through plumbing traps;

Safety devices designed to protect life and limb, provided that a permit is not

otherwise required for the emission unit with which the safety device is

Storage tanks for liquids for retail dispensing except for storage tanks that are

subject to the requirements of 35 Ill. Adm. Code 215.583(a)(2), 218.583(a)(2) or

Printing operations with aggregate organic solvent usage that never exceeds 2,839

l (750 gal) per year from all printing lines at the source, including organic solvent

from inks, dilutents, fountain solutions and cleaning materials;

Storage tanks of:

Organic liquids with a capacity of less than 37,850 l (10,000 gal),

provided the storage tank is not used to store any material listed as a

hazardous air pollutant pursuant to section Section 112(b) of the Clean Air

Act, and provided the storage tank is not subject to the requirements of 35

Ill. Adm. Code 215.583(a)(2), 218.583(a)(2) or 219.583(a)(2);

Any size containing exclusively soaps, detergents, surfactants, waxes,

glycerin, vegetable oils, greases, animal fats, sweetener, corn syrup,

aqueous salt solutions or aqueous caustic solutions, provided an organic

solvent has not been mixed with such materials; or

Any size containing virgin or re-refined distillate oil, hydrocarbon

condensate from natural gas pipeline or storage systems, lubricating oil or

residual fuel oils;.

Threaded pipe connections, vessel manways, flanges, valves, pump seals, pressure

relief valves, pressure relief devices and pumps;

Sampling connections used exclusively to withdraw materials for testing and

All storage tanks of Illinois crude oil with capacity of less than 151,400 l (40,000

gal) located on oil field sites;

All organic material-water single or multiple compartment effluent water

separator facilities for Illinois crude oil of vapor pressure of less than 34.5 kPa

absolute (5 psia);

Grain-handling operations, exclusive of grain-drying operations, with an annual

grain through-put not exceeding 300,000 bushels;

Grain-drying operations with a total grain-drying capacity not exceeding 750

bushels per hour for 5% moisture extraction at manufacturer's rated capacity,

using the American Society of Agricultural Engineers Standard 248.2, Section 9,

Basis for Stating Drying Capacity of Batch and Continuous-Flow Grain Dryers;

Portable grain-handling equipment and one-turn storage space;

Cold cleaning degreasers that are not in-line cleaning machines, where the vapor

pressure of the solvents used never exceeds 2 kPa (15 mmHg or 0.3 psi) measured

at 38°C (100°F) or 0.7 kPa (5 mmHg or 0.1 psi) at 20°C

Coin-operated dry cleaning operations;

Dry cleaning operations at a source that consume less than 30 gallons per month

of perchloroethylene;

Brazing, soldering, wave soldering or welding equipment, including associated

ventilation hoods;

Cafeterias, kitchens, and other similar facilities, including smokehouses, used for

preparing food or beverages, but not including facilities used in the manufacturing

and wholesale distribution of food, beverages, food or beverage products, or food

or beverage components;

Equipment for carving, cutting, routing, turning, drilling, machining, sawing,

surface grinding, sanding, planing, buffing, sand blast cleaning, shot blasting, shot

peening, or polishing ceramic artwork, leather, metals (other than beryllium),

plastics, concrete, rubber, paper stock, wood or wood products, where such

equipment is either:

Used for maintenance activity;

Manually operated;

Exhausted inside a building; or

Vented externally with emissions controlled by an appropriately operated

cyclonic inertial separator (cyclone), filter, electro-static precipitor or a

Feed mills that produce no more than 10,000 tons of feed per calendar year,

provided that a permit is not otherwise required for the source pursuant to Section

201.142, 201.143 or 201.144;

Extruders used for the extrusion of metals, minerals, plastics, rubber or wood,

Extruders used in the manufacture of polymers;

Extruders using foaming agents or release agents that contain volatile

organic materials or Class I or II substances subject to the requirements of

Title VI of the Clean Air Act; and

Extruders processing scrap material that was produced using foaming

agents containing volatile organic materials or Class I or II substances

subject to the requirements of Title VI of the Clean Air Act;.

Furnaces used for melting metals, other than beryllium, with a brim full capacity

of less than 450 cubic inches by volume;

Equipment used for the melting or application of less than 22,767 kg/yr (50,000

lbs/yr) of wax to which no organic solvent has been added;

Equipment used for filling drums, pails or other packaging containers, excluding

aerosol cans, with soaps, detergents, surfactants, lubricating oils, waxes, vegetable

oils, greases, animal fats, glycerin, sweeteners, corn syrup, aqueous salt solutions

or aqueous caustic solutions, provided an organic solvent has not been mixed with

such materials;

Loading and unloading systems for railcars, tank trucks, or watercraft that handle

only the following liquid materials: soaps, detergents, surfactants, lubricating oils,

waxes, glycerin, vegetable oils, greases, animal fats, sweetener, corn syrup,

aqueous salt solutions or aqueous caustic solutions, provided an organic solvent

has not been mixed with such materials;

Equipment used for the mixing and blending of materials at ambient temperatures

to make water based adhesives, provided each material mixed or blended contains

less than 5% organic solvent by weight;

Die casting machines where a metal or plastic is formed under pressure in a die

located at a source with a through-put of less than 2,000,000 lbs of metal or

plastic per year, in the aggregate, from all die casting machines;

Air pollution control devices used exclusively with other equipment that is

exempt from permitting, as provided in this Section;

An emission unit for which a registration system designed to identify sources and

emission units subject to emission control requirements is in place, such as the

registration system found at 35 Ill. Adm. Code 218.586 (Gasoline Dispensing

Operations - Motor Vehicle Fueling Operations) and 35 Ill. Adm. Code 218,

Subpart HH (Motor Vehicle Refinishing);

Photographic process equipment by which an image is reproduced upon material

sensitized to radiant energy;

mm) Equipment used for hydraulic or hydrostatic testing;

General vehicle maintenance and servicing activities conducted at a source, motor

vehicle repair shops, and motor vehicle body shops, but not including:

Gasoline fuel handling; and

Motor vehicle refinishing;.

Equipment using water, water and soap or detergent, or a suspension of abrasives

in water for purposes of cleaning or finishing, provided no organic solvent has

been added to the water;

Administrative activities including, but not limited to, paper shredding, copying,

photographic activities and blueprinting machines. This does not include

Laundry dryers, extractors, and tumblers processing that have been cleaned with

water solutions of bleach or detergents that are:

Located at a source and process clothing, bedding and other fabric items

used at the source, provided that any organic solvent present in such items

before processing that is retained from cleanup operations shall be

addressed as part of the VOM emissions from use of cleaning materials;

Located at a commercial laundry; or

Coin operated;.

Housekeeping activities for cleaning purposes, including collecting spilled and

accumulated materials, including operation of fixed vacuum cleaning systems

specifically for such purposes, but not including use of cleaning materials that

contain organic solvent;

Refrigeration systems, including storage tanks used in refrigeration systems, but

excluding any combustion equipment associated with such systems;

Activities associated with the construction, on-site repair, maintenance or

dismantlement of buildings, utility lines, pipelines, wells, excavations, earthworks

and other structures that do not constitute emission units;

Piping and storage systems for natural gas, propane and liquefied petroleum gas;

Water treatment or storage systems, as follows:

Systems for potable water or boiler feedwater;

Systems, including cooling towers, for process water, provided that such

water has not been in direct or indirect contact with process streams that

contain volatile organic material or materials listed as hazardous air

pollutants pursuant to Section section 112(b) of the Clean Air Act;.

ww) Lawn care, landscape maintenance and grounds keeping activities;

Containers, reservoirs or tanks used exclusively in dipping operations to coat

objects with oils, waxes or greases, provided no organic solvent has been mixed

with such materials;

Use of consumer products, including hazardous substances as that term is defined

in the Federal Hazardous Substances Act (15 USC 1261 et seq.), where the

product is used at a source in the same manner as normal consumer use;

Activities directly used in the diagnosis and treatment of disease, injury or other

medical condition;

Activities associated with the construction, repair or maintenance of roads or

other paved or open areas, including operation of street sweepers, vacuum trucks,

spray trucks and other vehicles related to the control of fugitive emissions of such

roads or other areas;

bbb) Storage and handling of drums or other transportable containers, where the

containers are sealed during storage and handling;

Activities at a source associated with the maintenance, repair or dismantlement of

an emission unit or other equipment installed at the source, not including the

shutdown of the unit or equipment, including preparation for maintenance, repair

or dismantlement, and preparation for subsequent startup, including preparation of

a shutdown vessel for entry, replacement of insulation, welding and cutting, and

steam purging of a vessel prior to startup;

ddd) Equipment used for corona arc discharge surface treatment of plastic with a power

rating of 5 kW or less or equipped with an ozone destruction device;

Equipment used to seal or cut plastic bags for commercial, industrial or domestic

Each direct-fired gas dryer used for a washing, cleaning, coating or printing line,

Dryers with a rated heat input capacity of 2930 kW (10 mmbtu/hr) or

Dryers for which emissions other than those attributable to combustion of

fuel in the dryer, including emissions attributable to use or application of

cleaning agents, washing materials, coatings or inks or other process

materials that contain volatile organic material are not addressed as part of

the permitting of such line, if a permit is otherwise required for the line;

ggg) Municipal solid waste landfills with a maximum total design capacity of less than

2.5 million Mg or 2.5 million m

that are not required to install a gas collection

and control system pursuant to 35 Ill. Adm. Code 220 or 800 through 849 or

Section 9.1 of the Act; and

hhh) Replacement or addition of air pollution control equipment for existing emission

units in circumstances where:

The existing emission unit is permitted and has operated in compliance for

The new control equipment will provide equal or better control of the

target pollutants;

The new control device will not be accompanied by a net increase in

emissions of any non-targeted criteria air pollutant;

Different State or federal regulatory requirements or newly proposed

regulatory requirements will not apply to the unit; and

BOARD NOTE: All sources must comply with underlying federal

regulations and future State regulations.

Where the existing air pollution control equipment had required

monitoring equipment, the new air pollution control equipment will be

equipped with the instrumentation and monitoring devices that are

typically installed on the new equipment of that type.

BOARD NOTE: For major sources subject to Section 39.5 of the Act,

where the new air pollution control equipment will require a different

compliance determination method in the facility’s CAAPP permit, the

facility may need a permit modification to address the changed

compliance determination method;.

Replacement, addition, or modification of emission units at facilities with

federally enforceable State operating permits limiting their potential to emit in

circumstances where:

The potential to emit any regulated air pollutant in the absence of air

pollution control equipment from the new emission unit, or the increase in

the potential to emit resulting from the modification of any existing

emission unit, is less than 0.1 pound per hour or 0.44 tons per year;

The raw materials and fuels used or present in the emission unit that cause

or contribute to emissions, based on the information contained in Material

Safety Data Sheets for those materials, do not contain equal to or greater

than 0.01 percent by weight of any hazardous air pollutant as defined

under Section section 112(b) of the federal Clean Air Act;

The emission unit or modification is not subject to an emission standard or

other regulatory requirement pursuant to Section section 111 of the federal

Potential emissions of regulated air pollutants from the emission unit or

modification will not, in combination with emissions from existing units

or other proposed units, trigger permitting requirements under Section

39.5, permitting requirements under Section section 165 or 173 of the

federal Clean Air Act, or the requirement to obtain a revised federally

enforceable State operating permit limiting the source’s potential to emit;

The source is not currently the subject of a Non-compliance Advisory,

Clean Air Act Section 114 Request, Violation Notice, Notice of Violation,

Compliance Commitment Agreement, Administrative Order, or civil or

criminal enforcement action, related to the air emissions of the source;.

Replacement, addition, or modification of emission units at permitted sources that

are not major sources subject to Section 39.5 of the Act and that do not have a

federally enforceable State state operating permit limiting their potential to emit,

in circumstances where:

The potential to emit of any regulated air pollutant in the absence of air

pollution control equipment from the new emission unit, or the increase in

the potential to emit resulting from the modification of any existing

emission unit is either:

Less than 0.1 pound per hour or 0.44 tons per year; or

Less than 0.5 pound per hour, and the permittee provides prior

notification to the Agency of the intent to construct or install the

unit. The unit may be constructed, installed or modified

immediately after the notification is filed;

The emission unit or modification is not subject to an emission standard or

other regulatory requirement under Section section 111 or 112 of the

federal Clean Air Act;

Potential emissions of regulated air pollutants from the emission unit or

modification will not, in combination with the emissions from existing

units or other proposed units, trigger permitting requirements under

Section 39.5 of the Act or the requirement to obtain a federally

enforceable permit limiting the source’s potential to emit; and

The source is not currently the subject of a Non-compliance Advisory,

Clean Air Act Section 114 Request, Violation Notice, Notice of Violation,

Compliance Commitment Agreement, Administrative Order, or civil or

criminal enforcement action, related to the air emissions of the source;.

kkk) The owner or operator of a CAAPP source is not required to obtain an air

pollution control construction permit for the construction or modification of an

emission unit or activity that is an insignificant activity as addressed by Section

201.210 or 201.211 of this Part. Section 201.212 of this Part must still be

followed, as applicable. Other than excusing the owner or operator of a CAAPP

source from the requirement to obtain an air pollution control construction permit

for the emission units or activities, nothing in this subsection shall alter or affect

the liability of the CAAPP source for compliance with emission standards and

other requirements that apply to the emission units or activities, either

individually or in conjunction with other emission units or activities constructed,

modified or located at the source;.

Plastic injection molding equipment with an annual through-put not exceeding

5,000 tons of plastic resin in the aggregate from all plastic injection molding

equipment at the source, and all associated plastic resin loading, unloading,

conveying, mixing, storage, grinding, and drying equipment and associated mold

release and mold cleaning agents.

(Source: Amended at 33 Ill. Reg. _______, effective __________)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE B: AIR POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS FOR

STATIONARY SOURCES

DEFINITIONS AND GENERAL PROVISIONS

SUBPART A: GENERAL PROVISIONS

Incorporations by Reference

Abbreviations and Conversion Factors

SUBPART B: DEFINITIONS

Other Definitions

Definitions (Repealed)

Actual Heat Input

Adhesion Promoter

Aerosol Can Filling Line

Air Contaminant

Air Dried Coatings

Air Oxidation Process

Air Pollution Control Equipment

Air Suspension Coater/Dryer

Air Assisted Airless Spray

Animal Pathological Waste

Annual Grain Through-Put

Anti-Glare/Safety Coating

Application Area

Architectural Coating

As-Applied Fountain Solution

Asphalt Prime Coat

Automobile or Light-Duty Truck Assembly Source or Automobile or Light-Duty

Truck Manufacturing Plant

Automobile or Light-Duty Truck Refinishing

Automotive/Transportation Plastic Parts

Basecoat/Clearcoat System

Batch Operation

Batch Process Train

Brakehorsepower (rated-bhp)

British Thermal Unit

Brush or Wipe Coating

Bulk Gasoline Plant

Bulk Gasoline Terminal

Business Machine Plastic Parts

Can Coating Line

Capture Efficiency

Carbon Adsorber

Certified Investigation

Chemical Manufacturing Process Unit

Cleaning and Separating Operation

Cleaning Materials

Closed Purge System

Closed Vent System

Coating Applicator

Coil Coating Line

Combined Cycle System

Combustion Turbine

Commence Commercial Operation

Commence Operation

Complete Combustion

Concrete Curing Compounds

Concentrated Nitric Acid Manufacturing Process

Condensible PM-10

Continuous Automatic Stoking

Continuous Coater

Continuous Process

Control Device Efficiency

Conventional Air Spray

Conventional Soybean Crushing Source

Conveyorized Degreasing

Crude Oil Gathering

Custody Transfer

Cutback Asphalt

Daily-Weighted Average VOM Content

Delivery Vessel

Distillate Fuel Oil

Distillation Unit

Dry Cleaning Operation or Dry Cleaning Facility

Effective Grate Area

Effluent Water Separator

Elastomeric Materials

Electromagnetic Interference/Radio Frequency Interference (EMI/RFI) Shielding

Electronic Component

Electrostatic Bell or Disc Spray

Electrostatic Prep Coat

Electrostatic Spray

Emergency or Standby Unit

End Sealing Compound Coat

Enhanced Under-the-Cup Fill

Ethanol Blend Gasoline

Excess Emissions

Excessive Release

Existing Grain-Drying Operation (Repealed)

Existing Grain-Handling Operation (Repealed)

Exterior Base Coat

Exterior End Coat

External Floating Roof

Extreme Performance Coating

Fabric Coating Line

Federally Enforceable Limitations and Conditions

Fermentation Time

Final Repair Coat

Fixed-Roof Tank

Flexible Coating

Flexible Operation Unit

Flexographic Printing

Flexographic Printing Line

Fossil Fuel-Fired

Fountain Solution

Freeboard Height

Fuel Combustion Emission Unit or Fuel Combustion Emission Source

Fugitive Particulate Matter

Full Operating Flowrate

Gasoline Dispensing Operation or Gasoline Dispensing Facility

Grain-Drying Operation

Grain-Handling and Conditioning Operation

Grain-Handling Operation

Green-Tire Spraying

Gross Heating Value

Gross Vehicle Weight Rating

Heated Airless Spray

Heat Input Rate

Heatset Web Offset Lithographic Printing Line

Heavy Off-Highway Vehicle Products

Heavy Off-Highway Vehicle Products Coating

Heavy Off-Highway Vehicle Products Coating Line

High Temperature Aluminum Coating

High Volume Low Pressure (HVLP) Spray

Housekeeping Practices

Indirect Heat Transfer

In-Process Tank

In-Situ Sampling Systems

Interior Body Spray Coat

Internal-Floating Roof

Internal Transferring Area

Large Appliance

Large Appliance Coating

Large Appliance Coating Line

Lean-Burn Engine

Light-Duty Truck

Liquid/Gas Method

Liquid-Mounted Seal

Liquids Dripping

Lithographic Printing Line

Low Solvent Coating

Lubricating Oil

Magnet Wire Coating

Magnet Wire Coating Line

Major Metropolitan Area (MMA)

Major Population Area (MPA)

Manually Operated Equipment

Manufacturing Process

Marine Terminal

Material Recovery Section

Maximum Theoretical Emissions

Maximum True Vapor Pressure

Metal Furniture

Metal Furniture Coating

Metal Furniture Coating Line

Metallic Shoe-Type Seal

Mid-Kiln Firing

Miscellaneous Fabricated Product Manufacturing Process

Miscellaneous Formulation Manufacturing Process

Miscellaneous Metal Parts and Products

Miscellaneous Metal Parts and Products Coating

Miscellaneous Metal Parts or Products Coating Line

Miscellaneous Organic Chemical Manufacturing Process

Mixing Operation

Mobile Equipment

Motor Vehicle Refinishing

Multiple Package Coating

Nameplate Capacity

New Grain-Drying Operation (Repealed)

New Grain-Handling Operation (Repealed)

No Detectable Volatile Organic Material Emissions

Non-Contact Process Water Cooling Tower

Non-Flexible Coating

NOx Trading Program

One Hundred Percent Acid

One-Turn Storage Space

Open Top Vapor Degreasing

Open-Ended Valve

Operator of a Gasoline Dispensing Operation or Operator of a Gasoline

Dispensing Facility

Organic Compound

Organic Material and Organic Materials

Organic Solvent

Overall Control

Owner of a Gasoline Dispensing Operation or Owner of a Gasoline Dispensing

Owner or Operator

Packaging Rotogravure Printing

Packaging Rotogravure Printing Line

Paint Manufacturing Source or Paint Manufacturing Plant

Paper Coating Line

Particulate Matter

Parts Per Million (Volume) or PPM (Vol)

Petroleum Liquid

Petroleum Refinery

Pharmaceutical Coating Operation

Photochemically Reactive Material

Pigmented Coatings

Pneumatic Rubber Tire Manufacture

Polybasic Organic Acid Partial Oxidation Manufacturing Process

Polyester Resin Material(s)

Polyester Resin Products Manufacturing Process

Polystyrene Plant

Polystyrene Resin

Portable Grain-Handling Equipment

Portland Cement Manufacturing Process Emission Source

Portland Cement Process or Portland Cement Manufacturing Plant

Potential Electrical Output Capacity

Potential to Emit

Power Driven Fastener Coating

Preheater/Precalciner Kiln

Pressure Release

Pressure/Vacuum Relief Valve

Pretreatment Wash Primer

Primary Product

Primer Surfacer Coat

Primer Surfacer Operation

Process Emission Source

Process Emission Unit

Process Unit Shutdown

Process Weight Rate

Production Equipment Exhaust System

Publication Rotogravure Printing Line

Purged Process Fluid

Rated Heat Input Capacity

Reasonably Available Control Technology (RACT)

Reclamation System

Refinery Fuel Gas

Refinery Fuel Gas System

Refinery Unit or Refinery Process Unit

Reflective Argent Coating

Refrigerated Condenser

Regulated Air Pollutant

Reid Vapor Pressure

Residual Fuel Oil

Restricted Area

Rich-Burn Engine

Ringelmann Chart

Rotogravure Printing

Rotogravure Printing Line

Safety Relief Valve

Sanding Sealers

Screen Printing on Paper

Semi-Transparent Stains

Set of Safety Relief Valves

Side-Seam Spray Coat

Single Unit Operation

Smokeless Flare

Solvent Cleaning

Solvent Recovery System

Specialty Coatings

Specialty Coatings for Motor Vehicles

Specialty High Gloss Catalyzed Coating

Specialty Leather

Specialty Soybean Crushing Source

Standard Conditions

Standard Cubic Foot (scf)

Stationary Emission Source

Stationary Emission Unit

Stationary Gas Turbine

Stationary Reciprocating Internal Combustion Engine

Stationary Source

Stationary Storage Tank

Storage Tank or Storage Vessel

Strippable Spray Booth Coating

Styrene Devolatilizer Unit

Styrene Recovery Unit

Submerged Loading Pipe

Sulfuric Acid Mist

Surface Condenser

Surface Preparation Materials

Synthetic Organic Chemical or Polymer Manufacturing Plant

Tablet Coating Operation

Thirty-Day Rolling Average

Three-Piece Can

Three or Four Stage Coating System

Through-the-Valve Fill

Topcoat Operation

Touch-Up Coating

Transfer Efficiency

Tread End Cementing

True Vapor Pressure

Under-the-Cup Fill

Undertread Cementing

Uniform Finish Blender

Unregulated Safety Relief Valve

Vacuum Metallizing

Vacuum Producing System

Valves Not Externally Regulated

Vapor Balance System

Vapor Collection System

Vapor Control System

Vapor-Mounted Primary Seal

Vapor Recovery System

Vapor-Suppressed Polyester Resin

Vinyl Coating Line

Volatile Organic Liquid (VOL)

Volatile Organic Material Content (VOMC)

Volatile Organic Material (VOM) or Volatile Organic Compound (VOC)

Volatile Petroleum Liquid

Washoff Operations

Wastewater (Oil/Water) Separator

Weak Nitric Acid Manufacturing Process

Wholesale Purchase - Consumer

Wood Furniture Coating

Wood Furniture Coating Line

Yeast Percentage

Rule into Section Table

Section into Rule Table

AUTHORITY: Implementing Sections 9, 9.1, 9.9 and 10 and authorized by Sections 27 and 28

of the Environmental Protection Act [415 ILCS 5/9, 9.1, 9.9, 10, 27 and 28].

SOURCE: Adopted as Chapter 2: Air Pollution, Rule 201: Definitions, R71-23, 4 PCB 191,

filed and effective April 14, 1972; amended in R74-2 and R75-5, 32 PCB 295, at 3 Ill. Reg. 5, p.

777, effective February 3, 1979; amended in R78-3 and 4, 35 PCB 75 and 243, at 3 Ill. Reg. 30,

p. 124, effective July 28, 1979; amended in R80-5, at 7 Ill. Reg. 1244, effective January 21,

1983; codified at 7 Ill. Reg. 13590; amended in R82-1 (Docket A) at 10 Ill. Reg. 12624, effective

July 7, 1986; amended in R85-21(A) at 11 Ill. Reg. 11747, effective June 29, 1987; amended in

R86-34 at 11 Ill. Reg. 12267, effective July 10, 1987; amended in R86-39 at 11 Ill. Reg. 20804,

effective December 14, 1987; amended in R82-14 and R86-37 at 12 Ill. Reg. 787, effective

December 24, 1987; amended in R86-18 at 12 Ill. Reg. 7284, effective April 8, 1988; amended

in R86-10 at 12 Ill. Reg. 7621, effective April 11, 1988; amended in R88-23 at 13 Ill. Reg.

10862, effective June 27, 1989; amended in R89-8 at 13 Ill. Reg. 17457, effective January 1,

1990; amended in R89-16(A) at 14 Ill. Reg. 9141, effective May 23, 1990; amended in R88-

30(B) at 15 Ill. Reg. 5223, effective March 28, 1991; amended in R88-14 at 15 Ill. Reg. 7901,

effective May 14, 1991; amended in R91-10 at 15 Ill. Reg. 15564, effective October 11, 1991;

amended in R91-6 at 15 Ill. Reg. 15673, effective October 14, 1991; amended in R91-22 at 16

Ill. Reg. 7656, effective May 1, 1992; amended in R91-24 at 16 Ill. Reg. 13526, effective August

24, 1992; amended in R93-9 at 17 Ill. Reg. 16504, effective September 27, 1993; amended in

R93-11 at 17 Ill. Reg. 21471, effective December 7, 1993; amended in R93-14 at 18 Ill. Reg.

1253, effective January 18, 1994; amended in R94-12 at 18 Ill. Reg. 14962, effective September

21, 1994; amended in R94-14 at 18 Ill. Reg. 15744, effective October 17, 1994; amended in

R94-15 at 18 Ill. Reg. 16379, effective October 25, 1994; amended in R94-16 at 18 Ill. Reg.

16929, effective November 15, 1994; amended in R94-21, R94-31 and R94-32 at 19 Ill. Reg.

6823, effective May 9, 1995; amended in R94-33 at 19 Ill. Reg. 7344, effective May 22, 1995;

amended in R95-2 at 19 Ill. Reg. 11066, effective July 12, 1995; amended in R95-16 at 19 Ill.

Reg. 15176, effective October 19, 1995; amended in R96-5 at 20 Ill. Reg. 7590, effective May

22, 1996; amended in R96-16 at 21 Ill. Reg. 2641, effective February 7, 1997; amended in R97-

17 at 21 Ill. Reg. 6489, effective May 16, 1997; amended in R97-24 at 21 Ill. Reg. 7695,

effective June 9, 1997; amended in R96-17 at 21 Ill. Reg. 7856, effective June 17, 1997;

amended in R97-31 at 22 Ill. Reg. 3497, effective February 2, 1998; amended in R98-17 at 22 Ill.

Reg.11405, effective June 22, 1998; amended in R01-9 at 25 Ill. Reg. 108, effective December

26, 2000; amended in R01-11 at 25 Ill. Reg. 4582, effective March 15, 2001; amended in R01-17

at 25 Ill. Reg. 5900, effective April 17, 2001; amended in R05-16 at 29 Ill. Reg. 8181, effective

May 23, 2005; amended in R05-11 at 29 Ill. Reg.8892, effective June 13, 2005; amended in R04-

12/20 at 30 Ill. Reg. 9654, effective May 15, 2006; amended in R07-18 at 31 Ill. Reg. 14254,

effective September 25, 2007; amended in R08-06 at 31 Ill. Reg. 1387, effective January 16,

2008; amended in R07-19 at 33 Ill. Reg. _________, effective __________..

SUBPART B: DEFINITIONS

Section 211.1920

Emergency or Standby Unit

“Emergency or Standby Unit” means, for a stationary gas turbine or a stationary reciprocating

internal combustion engine, a unit that:

Supplies power for the source at which it is located but operates only when the

normal supply of power has been rendered unavailable by circumstances beyond

the control of the owner or operator of the source and only as necessary to assure

the availability of the engine or turbine. An emergency or standby unit may not

be operated to supplement a primary power source when the load capacity or

rating of the primary power source has been reached or exceeded.

Operates exclusively for firefighting or flood control or both.

Operates in response to and during the existence of any officially declared disaster

or state of emergency.

Operates for the purpose of testing, repair or routine maintenance to verify its

readiness for emergency or standby use.

Notwithstanding any other subsection in this Section, emergency or standby units

may operate an additional 50 hours per year in non-emergency situations.

The term does not include equipment used for purposes other than emergencies, as

described above, such as to supply power during high electric demand days.

(Source: Amended at 33 Ill. Reg., ____________effective __________)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE B: AIR POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER C: EMISSION STANDARDS AND LIMITATIONS

FOR STATIONARY SOURCES

NITROGEN OXIDES EMISSIONS

SUBPART A: GENERAL PROVISIONS

Scope and Organization

Measurement Methods

Abbreviations and Units

Incorporations by Reference

SUBPART B: NEW FUEL COMBUSTION EMISSION SOURCES

New Emission Sources

SUBPART C: EXISTING FUEL COMBUSTION EMISSION SOURCES

Existing Emission Sources in Major Metropolitan Areas

SUBPART K: PROCESS EMISSION SOURCES

Industrial Processes

SUBPART O: CHEMICAL MANUFACTURE

Nitric Acid Manufacturing Processes

SUBPART Q: STATIONARY RECIPROCATING INTERNAL COMBUSTION

ENGINES AND TURBINES

Control and Maintenance Requirements

Emissions Averaging Plans

Testing and Monitoring

Recordkeeping and Reporting

SUBPART T: CEMENT KILNS

Control Requirements

SUBPART U: NOx CONTROL AND TRADING PROGRAM FOR

SPECIFIED NOx GENERATING UNITS

Compliance Requirements

Permitting Requirements

Subpart U NOx Trading Budget

Methodology for Obtaining NOx Allocations

Methodology for Determining NOx Allowances from the New Source Set-Aside

NOx Allocations Procedure for Subpart U Budget Units

New Source Set-Asides for “New” Budget Units

Early Reduction Credits (ERCs) for Budget Units

Low-Emitter Requirements

Opt-In Budget Units: Withdrawal from NOx Trading Program

Opt-In Units: Change in Regulatory Status

Allowance Allocations to Opt-In Budget Units

SUBPART V: ELECTRIC POWER GENERATION

Lake of Egypt Power Plant

Emission Limitations

Reporting and Recordkeeping

SUBPART W: NOx TRADING PROGRAM FOR ELECTRICAL

GENERATING UNITS

Compliance Requirements

Permitting Requirements

NOx Trading Budget

Methodology for Calculating NOx Allocations for Budget Electrical

Generating Units (EGUs)

NOx Allocations for Budget EGUs

New Source Set-Asides for “New” Budget EGUs

Early Reduction Credits for Budget EGUs

Budget Opt-In Units: Withdrawal from NOx Trading Program

Opt-In Units: Change in Regulatory Status

Allowance Allocations to Budget Opt-In Units

SUBPART X: VOLUNTARY NOx EMISSIONS REDUCTION PROGRAM

Emission Unit Eligibility

Participation Requirements

NOx Emission Reductions and the Subpart X NOx Trading Budget

Baseline Emissions Determination

Calculation of Creditable NOx Emission Reductions

Limitations on NOx Emission Reductions

NOx Emission Reduction Proposal

Emissions Determination Methods

Emissions Monitoring

Rule into Section Table

Section into Rule Table

Compliance Dates

Non-Electrical Generating Units

Large Non-Electrical Generating Units

Allowances for Electrical Generating Units

Existing Reciprocating Internal Combustion Engines Affected by the NO

AUTHORITY: Implementing Sections 9.9 and 10 and authorized by Sections 27 and 28 of the

Environmental Protection Act [415 ILCS 5/9.9, 10, 27 and 28].

SOURCE Adopted as Chapter 2: Air Pollution, Rule 207: Nitrogen Oxides Emissions, R71-23,

4 PCB 191, April 13, 1972, filed and effective April 14, 1972; amended at 2 Ill. Reg. 17, p. 101,

effective April 13, 1978; codified at 7 Ill. Reg. 13609; amended in R01-9 at 25 Ill. Reg. 128,

effective December 26, 2000; amended in R01-11 at 25 Ill. Reg. 4597, effective March 15, 2001;

amended in R01-16 and R01-17 at 25 Ill. Reg. 5914, effective April 17, 2001; amended in R07-

18 at 31 Ill. Reg. 14271, effective September 25, 2007; amended in R07-19 at 33 Ill. Reg.

________, effective __________.

SUBPART Q: STATIONARY RECIPROCATING INTERNAL COMBUSTION

ENGINES AND TURBINES

Section 217.386 Applicability

The provisions of this Subpart shall apply to all:

StationaryA stationary reciprocating internal combustion engines engine

listed in Appendix G of this Part is subject to the requirements of this

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, 59°F 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

Used for research or for the purposes of performance verification or

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

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

(Source: Amended at 33 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 (a)(4c) of this Section and comply with one of the following:either the

applicable emissions concentration as set forth in subsection (a)(1) of this Section,

or the requirements for an emissions averaging plan as specified in subsection

(a)(2b) of this Section, or the requirements for operation as a low usage unit as

specified in subsection (a)(3c) of this Section

The owner or operator must limit Limits the discharge from an affected

unit into the atmosphere of any gases that contain NOx 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

660 ppmv (corrected to 15 percent O

on a dry basis) for diesel

42 ppmv (corrected to 15 percent O

on a dry basis) for gaseous

fuel-fired turbines; and

96 ppmv (corrected to 15 percent O

on a dry basis) for liquid fuel-

fired turbines.

The owner or operator must comply Complies with an emissions

averaging plan as provided for in either subsection (a)(2)(A) or

(a)(2)(B)(b)(1) or (b)(2) of this Section:

For any affected unit identified by Section 217.386: The the

requirements of the applicable emissions averaging plan as set

forth in Section 217.390;

For units identified in Section 217.386(a)(1)(B)

requirements of an emissions averaging plan adopted pursuant to

any other Subpart of this Part. For such affected engines and

turbines the applicable requirements of this Subpart apply,

including, but not limited to, calculation of NO

actual emissions rates, compliance dates, monitoring, testing,

reporting, and recordkeeping.

Operates, forFor units not listed in Appendix G, The owner or operator

operates the affected unit as a low usage unit pursuant to subsection

(a)(3)(A) or (a)(3)(B)(c)(1) or (c)(2) of this Section. Low usage units that

are not part of an emissions averaging plan are not subject to the

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

maintain the unit pursuant to subsection (a)(4)(d) of this Section, test as

required by Section 217.394(f), and retain records pursuant to Section

217.396(b) and (d). Either the limitation in subsection (a)(3)(A) or

(a)(3)(B) (c)(1) or (c)(2) may be utilized at a source, but not both:

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

aggregated from all engines and turbines located at the source that

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

complying with the requirements of subsection (a)(1) or (a)(2) (a)

or (b) of this Section, and the NO

PTE limit is contained in a

federally enforceable permit; or

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

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

not complying with the requirements of subsection (a)(1) or (a)(2)

(a) or (b) of this Section, are less than or equal to the bhp-hrs and

MW-hrs operation limit listed in subsections (a)(3)(B)(i) and

(a)(3)(B)(ii) (c)(2)(A) and (c)(2)(B) of this Section. The operation

limits of subsections (a)(3)(B)(i) and (a)(3)(B)(ii) (c)(2)(A) and

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

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

compressor station but that are not located at a natural gas

compressor station or storage facility., the operation limits of

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

contained in a federally enforceable permit. The operation limits

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

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

The owner or operator must inspect Inspects and performsperform

periodic maintenance on the affected unit, in accordance with a

Maintenance Plan that documents:

For a unit not located at natural gas transmission compressor

station or storage facility, either:

The manufacturer’s recommended inspection and

maintenance of the applicable air pollution control

equipment, monitoring device, and affected unit; or

If the original equipment manual is not available or

substantial modifications have been made that require an

alternative procedure for the applicable air pollution control

device, monitoring device, or affected unit, the owner or

operator must establish a plan for inspection and

maintenance in accordance with what is customary for the

type of air pollution control equipment, monitoring device,

and affected unit.

For a unit located at a natural gas compressor station or storage

facility, the operator’s maintenance procedures for the applicable air

pollution control device, monitoring device, and affected unit.

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

with this Subpart, as follows:

When changing the method of compliance from subsection (a)(3)(c) of

this Section to subsection (a)(1) or (a)(2)(a) or (b) of this Section, the

owner or operator must conduct testing and monitoring according to the

requirements of subsections (a) through (e) of Section 217.394(a0(

through (e), as applicable. For this purpose, references to the “applicable

compliance date” in Section 217.394(a)(2) and (a)(3) shall mean the date

by which compliance with subsections (a) through (e) of this

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

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

compliance from subsection (a)(1) or (a)(2) (a) or (b) of this Section to

subsection (c) of this Section must:

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

relied upon a NO

emissions control device for compliance with

the requirements of subsection (a)(1) or (a)(2)(a) or (b) of this

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

this Section, complete any outstanding initial performance testing,

subsequent performances testing or monitoring as required by

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

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

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

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

changing the method of compliance to subsection (a)(3)(c) of this

Section. After changing the method of compliance to subsection

(a)(3)(c) of this Section, no additional testing or monitoring will be

required for the affected unit while it is complying with subsection

(a)(3)(c) of this Section, except as provided for in Section

(Source: Amended at 33 Ill. Reg. ______, effective _________)

Section 217.390 Emissions Averaging Plans

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

averaging plan.

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

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

Listed in Appendix G and Located at a single source or at

multiple sources in Illinois, to address compliance for units

identified in Section 217.386(a)(1), so long as the units are

owned by the same company or parent company where the

parent company has working control through stock

ownership of its subsidiary corporations. A unit may be

listed in only one emissions averaging plan; or

Identified in Section 217.386(a)(2), and Located at a single

source or at multiple sources in either the Chicago area

counties or Metro-East area counties, to address

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

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

company where the parent company has working control

through stock ownership of its subsidiary corporations.

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

which the averaging plan is being used for compliance; and

Units which that are not otherwise subject to this Subpart (so long

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

where the parent company has working control through stock

ownership of its subsidiary corporations) or that the owner or

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

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

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

and subject to the applicable emission concentration, limits,

testing, monitoring, recordkeeping and reporting requirements;

Units thatwhich comply with the requirements for low usage units

set forth in Section 217.388(a)(3)(c), so long as the unit or units

emissions control technology. For as long as such

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

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

this Section, the applicable testing and monitoring requirements for

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

through (e), and the applicable recordkeeping and reporting

requirements for affected and low usage units in subsections (a)

through (d) of Section 217.396(a) through (d).

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

averaging plan:

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

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

of this Section an engine or turbine that commenced operation on

or before January 1, 2002, or the unit or units

it replaces a unit or

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

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

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

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

substantially equivalent or less process capacity or be permitted for

emissions on annual basis than the actual NO

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

operator of a unit that is shutdown shut down and replaced must

comply with the provisions of Section 217.396(c)(3) before the

replacement unit may be included in an emissions averaging plan.

Units thatwhich the owner or operator is claiming are exempt

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

Section 217.388(c).

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

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

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

The plan must include, but is not limited to:

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

number and permit number.

A sample calculation demonstrating compliance using the

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

ozone season and calendar year.

The plan will be effective as follows:

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

effective January 1, 2008;

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

effective May 1, 2010,

for those units;

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

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

retroactively to January 1 of the applicable year;

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

Section is effective retroactively to January 1 of the applicable

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

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

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

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

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

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

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

effective as set forth in subsection (b)(2) of this Section

. If an amended plan is

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

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

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

buyer or seller, if applicable:, must

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

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

or taken out of service.

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

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

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

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

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

An owner or operator must:

Demonstrate compliance for both the ozone season (May 1 through

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

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

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

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

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

applicable control period;

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

compliance cannot be demonstrated for that ozone season; and

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

compliance report containing the information required by Section

The total mass of actual NOx emissions from the units listed in the emissions

averaging plan must be equal to or less than the total mass of allowable NOx

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

following equation must be used to determine compliance:

Total sum of the actual NOx mass emissions from

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

per ozone season and calendar year).

Total sum of the allowable NOx mass emissions from units

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

ozone season and calendar year).

Total mass of allowable NOx emissions in lbs for a unit as

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

Total mass of actual NO

emissions in lbs for a unit

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

Subscript denoting an individual unit and fuel used.

Number of different units in the averaging plan.

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

and allowable NOx emissions using the following equations, except as provided

for in subsection (h) of this Section:

Actual emissions must be determined as follows:

Allowable emissions must be determined as follows:

Total mass of actual NOx emissions in lbs for a unit, except

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

Total mass of allowable NOx emissions in lbs for a unit,

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

Actual NOx emission rate (lbs/mmBtu) calculated

according to the above equation.

Allowable NOx emission rate (lbs/mmBtu)

calculated according to the above equation,

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

calculated from fuel flow meter and the heating

value of the fuel used.

Actual concentration of NOx in lb/dscf (ppmv x

) on a dry basis for the fuel used. Actual

concentration is determined on each of the most recent test

runs or monitoring passes performed pursuant to Section

217.394, whichever is higher.

Allowable concentration of NOx in lb/dscf (allowable

emission limit in ppmv specified in Section 217.388(a)(1),

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

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

) on a dry basis for the fuel used.

The ratio of the gas volume of the products of combustion

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

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

Method 19 or as determined using 40 CFR 60, Aappendix

Concentration of oxygen in effluent gas stream measured

on a dry basis during each of the applicable tests or

monitoring runs used for determining emissions, as

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

18.7 would be used.

Subscript denoting an individual unit and the fuel used.

Subscript denoting each test run or monitoring pass for an

affected unit for a given fuel.

The number of test runs or monitoring passes for an

affected unit using a given fuel.

For a replacement unit that is electric-powered, the allowable NOx

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

averaging calculations and the actual NOx emissions for the electric-

powered replacement unit (EM

) are zero. Allowable NOx

emissions for the electric-powered replacement are calculated using the

actual total bhp-hrs generated by the electric-powered replacement unit on

an ozone season and on an annual basis multiplied by the allowable NOx

emission rate in lb/bhp-hr of the replaced unit. The allowable mass of

NOx emissions from an electric-powered replacement unit (EM

must be determined by multiplying the nameplate capacity of the unit by

the hours operated during the ozone season or annually and the allowable

NOx emission rate of the replaced unit (E

) in lb/mmBtu converted to

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

= bhp x OP x F x E

Mass of allowable NOx emissions from the electric-

powered replacement unit in pounds per ozone season or

= Nameplate capacity of the electric-powered

replacement unit in brake- horsepower.

= Operating hours during the ozone season or calendar

= Conversion factor of 0.0077 mmBtu/bhp-hr.

emission rate (lbs/mmBtu) of the replaced

= Subscript denoting an individual electric unit and the fuel

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

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

Section must be the higher of the actual NO

emissions as determined by

testing or monitoring data or the applicable uncontrolled NO

factor from Compilation of Air pPollutant eEmission Factors: AP-42,

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

in Section 217.104 for the unit that was replaced.

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

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

this Section must be the emissions concentration as set forth in Section

217.388(a)(1) or subsection (g)(6) of this Section, when applicable, for the

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

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

are the calendar year hours of operation for the unit that was shutdown

shut down, averaged over the three-year period prior to the shutdown. The

actual NOx emissions for the units replaced by purchased power (EM

are zero. These units may be included in any emissions averaging plan for

no more than five years beginning with the calendar year that the replaced

unit is shut down.

For units that have a later compliance datenon-Appendix G units used in

an emissions averaging plan, allowable emissions rate used in the above

equations set forth in subsection (g)(2) of this Section must be:

Prior to the applicable compliance date pursuant to Section

217.392, the higher of the actual NO

emissions as determined by

testing or monitoring data, or the applicable uncontrolled NO

emissions factor from Compilation of Air Pollutant Emission

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

incorporated by reference in Section 217.104); or

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

Section 217.392, the applicable emissions concentration for that

type of unit pursuant to Section 217.388(a)(1).

For a low usage unit complying with the requirements of Section

217.388(a)(3)(c) and used in an emissions averaging plan, the allowable

emissions rate used in the above equations set forth in subsection

(g)(2) of this Section must be the higher of the actual NO

determined by testing or monitoring data or the applicable uncontrolled

emissions factor from Compilation of Air Pollutant Emission Factors:

AP-42, Volume I: Stationary Point and Area Sources, as incorporated by

reference in Section 217.104.

For units that use CEMS, the data must show that the total mass of actual NOx

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

equal to the allowable NOx emissions calculated in accordance with the equations

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

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

The total mass of actual NOx emissions in lbs for a unit (EM

the sum of the total mass of actual NOx emissions from each affected unit

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

alternate methodology that has been approved by the Agency or USEPA

and included in a federally enforceable permit.

The allowable NO

emissions must be determined as follows:

Total mass of allowable NO

emissions in lbs for a unit.

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

= Allowable concentration of NO

(ppmv) specified in

Section 217.388(a)(1)

for a given stack. (1.194 x 10

converts to lb/dscf).

subscript denoting each hour operation of a given unit.

Total number of hours of operation of a unit.

Subscript denoting an individual unit and the fuel used.

(Source: Amended at 33 Ill. Reg.

Section 217.392 Compliance

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

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

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

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

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

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

exempt pursuant to Section 217.386(b).

Owners and operators of an affected unit may use NO

allowances to meet the

compliance requirements in Section 217.388 as specified below in this subsection

allowance is defined as an allowance used to meet the requirements of

trading program in which the State of Illinois participates

, administered by

USEPA where one allowance is equal to one ton of NO

allowances may be used only under the following circumstances:

An anomalous or unforeseen operating scenario inconsistent with

historical operations for a particular ozone season or calendar year

that causes an exceedance of an emissions or operating hour

To achieve compliance for no more than two events in any rolling

five-year period; and

If the anomalous or unforeseen operating scenario occurs during an

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

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

season emission limitation and an annual emissions limitations as a

result of such operating scenario; and

For a unit that is not listed in Appendix G.

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

allowance for each ton or portion of a ton of NO

by which actual

emissions exceed allowed emissions,

Where a low usage limitation under Section 217.388(a)(3)(B)

has been exceeded, the owner or operator of the affected unit must

calculate the NO

emissions resulting from the number of hours

that exceeded the operating hour low usage limit and surrender to

the Agency one NO

allowance for each ton or portion of a ton of

that was calculated.

For noncompliance withof a limitation in an emissions averaging

plan thatwhich includes low usage units, the owner or operator of

the affected low usage unit must calculate the NO

emissions using

the applicable allowable emissions concentration from Section

For noncompliance with a seasonal limit in Section

ozone season allowance must be

For noncompliance with the emissions concentration limits in

Section 217.388(a)(1), low usage limitations in Section

217.388(a)(3)(c) or an annual limitation in an emissions averaging

plan in Section 217.388(a)(2)

annual allowance

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

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

annual trading program does not

ozone season allowance may be used for

noncompliance with the emissions concentration limits in Section

217.388(a)(1), low usage limitations in Section 217.388(a)(3)(c) or

an annual limitation in an emissions averaging plan in Section

217.388(a)(2)(b).

The owner or operator must submit a report documenting the

circumstances that required the use of NO

allowances and identify what

actions will be taken in subsequent years to address these circumstances

and must transfer the NO

allowances to the Agency’s federal NO

retirement account. The report and the transfer of allowances must be

submitted by October 31 for exceedances during the ozone season and

March 1 for exceedances of the emissions concentration limits, the annual

emissions averaging plan limits, or low usage limitations. The report must

contain the NATS serial numbers of the NO

(Source: Amended at 33 Ill. Reg. _______, effective __________)

Section 217.394 Testing and Monitoring

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

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

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

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

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

217.388(a)(2)(b).

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

withinWithin the first 876 hours of operation per calendar year

Performance tests must be conducted on For affected units not

listed in Appendix G that operate more than 876 hours per calendar

units that are not affected units that are included in an

emissions averaging plan and operate more than 876 hours per

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

set forth in Section 217.392

For affected units that operate fewer than 876 hours per calendar

. Performance tests must be conducted on

units that are not affected units that are included in an

emissions averaging plan and that operate fewer than 876 hours per

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

performance tests pursuant to subsection (cb)(1), or (cb)(2), and (b)(3)

Section as follows:

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

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

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

operation, whichever is later;

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

applicable emissions concentration or emissions averaging plan, the owner

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

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

Section within 90 days of the determination of noncompliance; and

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

testing to demonstrate compliance with Section 217.388, the owner or

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

accordance with the applicable test methods and procedures specified in

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

Agency or USEPA.

Testing Procedures:

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

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

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

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

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

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

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

For a turbine included in an emissions averaging plan: The owner or

operator must conduct a performance test using the applicable procedures

and methods in 40 CFR 60.4400, as incorporated by reference in Section

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

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

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

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

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

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

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

monitor and utilizing method ASTM D6522-00, as

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

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

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

required for each fuel.

concentrations measurements must be taken three times for a

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

achievable load. The concentrations from the three monitoring runs must

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

the applicable emissions concentration or emissions averaging plan, as

specified in Section 217.388.

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

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

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

appendix B or 40 CFR 75,

incorporated by reference in Section 217.104, and

complies with the quality assurance procedures specified in 40 CFR 60, appendix

or 40 CFR 75, as incorporated by reference in Section 217.104, or an alternate

procedure as approved by the Agency or USEPA in a federally enforceable

permit. The CEMS must be used to demonstrate compliance with the applicable

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

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

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

Section 217.388(a)(3)(c) or low usage units using NO

allowances to comply with

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

are included in an emissions averaging plan. Notwithstanding these the above

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

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

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

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

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

(Source: Amended at 33 Ill. Reg. _______, effective ___________)

Section 217.396 Recordkeeping and Reporting

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

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

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

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

exemption of Section 217.388(a)(3)(c)

of an Appendix G unit or a unit included in

an emissions averaging plan must maintain records that demonstrate compliance

with the requirements of this Subpart Q, which include, but are not limited to:

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

Calendar date of the record.

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

each ozone season.

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

The results of all monitoring performed on the unit and reported

The results of all tests performed on the unit.

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

pollution control equipment, and the applicable monitoring device

pursuant to Section 217.388(a)(4)(d)

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

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

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

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

ratio, timing or other settings).

If complying with the emissions averaging plan provisions of Sections

217.388(a)(2)(b) and 217.390, copies of the calculations used to

demonstrate compliance with the ozone season and annual control period

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

control period compliance reports submitted to the Agency.

Identification of time periods for which operating conditions and pollutant

data were not obtained by either the CEMS or alternate monitoring

procedures, including the reasons for not obtaining sufficient data and a

description of corrective actions taken.

allowance reconciliation reports submitted pursuant to Section

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

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

Section, as applicable,

for a period of five years at the source at which the unit is

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

Reporting Requirements

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

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

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

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

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

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

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

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

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

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

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

results of the test to the Agency.

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

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

exceedances of the applicable NO

concentration from Section

217.388(a)(1) or (a)(2)(b) within 30 days after performing the monitoring.

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

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

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

longer in service.

If demonstrating compliance through an emissions averaging plan:

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

operator must notify the Agency if he or she cannot demonstrate

compliance for that ozone season; and

By January 3130 following the applicable calendar year, the owner

or operator must submit to the Agency a report that demonstrates

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

the total mass of allowable NOx emissions for the ozone

season and for the annual control period;

The total mass of actual NOx emissions for the ozone

season and annual control period for each unit included in

the averaging plan;

The calculations that demonstrate that the total mass of

actual NOx emissions are less than the total mass of

allowable NOx emissions using equations in Sections

217.390(f) and (g); and

The information required to determine the total mass of

actual NOx emissions and the calculations performed in

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

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

emissions and monitoring systems performance report in accordance with

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

or 40 CFR 75, incorporated

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

Agency or USEPA and included in a federally enforceable permit.

allowances to comply with the requirements of Section

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

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

provisions of Section 217.388(a)(3)

For each unit complying with Section 217.388(a)(3)(A)

(c)(1), maintain a

record of the NO

emissions for each calendar year;

For each unit complying with Section 217.388(a)(3)(B)

(c)(2), maintain a

record of bhp or MW-hours operated each calendar year; and

For each unit utilizing NO

allowances for compliance pursuant to Section

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

allowance reconciliation

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

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

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

complying with the requirements of Section 217.388(a)(1) and operating a CEMS

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

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

reference in Section 217.104.

(Source: Amended at 33 Ill. Reg. _______, effective _________).

IT IS SO ORDERED.

I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that

the Board adopted the above opinion and order on July 23, 2009, by a vote of 5-0.

___________________________________

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board