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ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 52
IL ID: [IL203-1; FRL-6862-2]
NOTICE: PROPOSED RULES
ACTION: Air quality implementation plans; approval and promulgation; various States:
DOCUMENT ACTION: Proposed rule.
SUBJECT CATEGORY: Approval and Promulgation of Air Quality Implementation Plans; Illinois; Oxides of Nitrogen Regulations
DATES: Written comments must be received on or before October 2, 2000.
DOCUMENT SUMMARY: Illinois submitted a proposed rule to control emissions of
oxides of nitrogen (NO
[[Page 52968]]
contribute to attainment of the 1hour ozone standard in the Chicago
GaryLake County ozone nonattainment area. Illinois' rule, which
focuses on electric generating units, also represents a key portion of
the State's response to EPA's October 27, 1998 NO
NO
SUMMARY: Illinois,
SUPPLEMENTAL INFORMATION
Table of ContentsI. Background
A. What Clean Air Act requirements apply to or led to the State's submittal of the NO
C. What have been the Court rulings regarding EPA's NO
II. Summary of the State Submittal
A. When were the NO
B. What are the basic components of the State's draft rule? C. Components of the draft regulations.
1. What geographic regions and sources are affected by the draft regulations?
2. What are the allowable NO
3. What are the monitoring, recordkeeping, and reporting requirements for affected sources?
4. What is the compliance/implementation deadline for the affected sources?
D. Will the Illinois NO
E. What public review opportunities are/were provided?
F. What requirements are contained in the NO
G. What guidance did EPA use to evaluate Illinois' NO
H. Does the Illinois Part 217 NO
J. What deficiencies were noted in Illinois' NO
III. Proposed Action
A. What action is EPA proposing today?
B. What happens if Illinois significantly changes the regulations during the final adoption process?
IV. Administrative Requirements
A. Executive Order 12866
B. Executive Order 13045
C. Executive Order 13084
D. Executive Order 13132
E. Regulatory Flexibility
F. Unfunded Mandates
In the following questions and answers, the term ``you'' refers to
the reader of this proposed rule and ``we,'' ``us,'' or ``our'' refers to the EPA.
I. Background
A. What Clean Air Act requirements apply to or led to the State's
submittal of the NO
The Clean Air Act (Act or CAA) requires the EPA to establish National Ambient Air Quality Standards (NAAQS) for certain air pollutants that cause or contribute to air pollution that is reasonably anticipated to endanger public health or welfare. Clean Air Act sections 108 and 109. In 1979, EPA promulgated the 1hour groundlevel ozone standard of 0.12 parts per million (ppm) or 120 parts per billion (ppb). 44 FR 8202 (February 8, 1979).
Groundlevel ozone is generally not directly emitted by sources.
Rather, volatile organic compounds (VOC) and NO
The Act, as amended in 1990, required EPA to designate as nonattainment any area that was violating the 1hour ozone standard, generally based on air quality monitoring data from the 1987 through 1989 period. Clean Air Act section 107(d)(4); 56 FR 56694 (November 6, 1991). The Act further classified these areas, based on the areas' ozone design values, as marginal, moderate, serious, severe, or extreme. Marginal areas were suffering the least significant ozone nonattainment problems, while the areas classified as severe and extreme had the most significant ozone nonattainment problems.
The control requirements and date by which attainment with the ozone NAAQS is to be achieved vary with an area's classification. Marginal areas were subject to the fewest mandated control requirements and had the earliest attainment date, November 15, 1993. Moderate areas were subject to more stringent planning and control requirements but were provided more time to attain the ozone standard, until November 15, 1996. Severe and extreme areas are subject to even more stringent planning and control requirements but are also provided more time to attain the standard. Severe areas are required to attain the ozone NAAQS by November 15, 2005 or November 15, 2007, depending on the areas' ozone design values for the 1987 through 1989 period.
The St. Louis ozone nonattainment area (subsequently also referred
to as the MetroEast/St. Louis ozone nonattainment area to denote the
bistate nature of the area) was classified as moderate, giving it an attainment
[[Page 52969]]
deadline of November 15, 1996. The MetroEast/St. Louis ozone
nonattainment area is defined (40 CFR 81.314 and 81.326) to contain
Madison, Monroe, and St. Clair Counties in Illinois, and Franklin,
Jefferson, St. Charles, and St. Louis Counties and St. Louis City in Missouri.
The ChicagoGaryLake County ozone nonattainment area was classified as severe17 and its attainment date is November 15, 2007. The ChicagoGaryLake County ozone nonattainment area is defined (40 CFR 81.314 and 81.315) to contain Cook, DuPage, Grundy (Aux Sable and Goose Lake Townships only), Kane, Kendall (Oswego Township only), Lake, McHenry, and Will Counties in Illinois, and Lake and Porter Counties in Indiana.
The Act requires moderate and above ozone nonattainment areas
(including severe ozone nonattainment areas) to be addressed in ozone
attainment demonstrations, including adopted emission control
regulations sufficient to achieve attainment of the ozone NAAQS by the
applicable ozone attainment dates. The requirements of the Act for
ozone attainment demonstrations for moderate and above ozone attainment
areas are determined by considering several sections of the Act.
Section 172(c)(6) of the Act requires SIPs to include enforceable
emission limitations, and such other control measures, means or
techniques as well as schedules and timetables for compliance, as may
be necessary to provide for attainment by the applicable attainment
dates. Section 172(c)(1) of the Act requires the implementation of all
reasonably available control measures (including reasonably available
control technology [RACT]) and requires the SIP to provide for
sufficient annual reductions in emissions of VOC and NO
On October 27, 1998, the EPA promulgated a NO
B. What Analyses and EPA Rulemaking Actions Support the Need for the NO
The State of Illinois has the primary responsibility under the CAA for ensuring that Illinois meets the ozone NAAQS and is required to submit a SIP that specifies emission limitations, control measures, and other measures necessary for attainment, maintenance, and enforcement of the NAAQS within the State. The SIP for ozone must meet the CAA requirements discussed above, must be adopted pursuant to notice and comment rulemaking, and must be submitted to the EPA for approval. A number of analyses and EPA rulemaking actions have affected the SIP revisions needed for the MetroEast/St. Louis and ChicagoGaryLake County ozone nonattainment areas as discussed below.
The MetroEast/St. Louis and ChicagoGaryLake County nonattainment
areas have not attained and continue to violate the 1hour ozone
standard. The States of Illinois and Missouri have worked cooperatively
to provide the EPA with an ozone attainment demonstration for the
MetroEast/St. Louis nonattainment area. The States of Illinois,
Indiana, Wisconsin, and Michigan have worked cooperatively to provide
the EPA with an ozone attainment demonstration for the Lake Michigan
area, which includes the ChicagoGaryLake County ozone nonattainment
area. Analyses conducted to support both of these ozone attainment
demonstrations, as submitted in 1994 and supplemented in April 1998,
indicate that reductions in upwind NO
On March 2, 1995, Mary D. Nichols, Assistant Administrator for EPA's Air and Radiation Division, published a memorandum titled ``Ozone Attainment Demonstrations.'' In this memorandum, the EPA recognized that the development of the necessary technical information, as well as the emission control measures necessary to achieve the attainment of the ozone NAAQS had been difficult for the States affected by significant ozone transport. EPA established a twophase process for States with serious and severe nonattainment areas to develop ozone attainment SIPs. Under Phase I, States were required to complete 1994 SIP requirements (with the exception of final ozone attainment demonstrations), submit regulations sufficient to meet ROP requirements through 1999, and submit initial ozone modeling analyses, including preliminary ozone attainment demonstrations based on assumed reductions in upwind ozone precursor emissions. Phase II called for a twoyear consultative process to assess regional strategies to address ozone transport in the eastern United States and required submittal of all remaining ROP submittals to cover ROP through the attainment dates, final attainment demonstrations to address the emission reduction requirements resulting from the twoyear consultative process and any additional rules and emission controls needed to attain the ozone standard, and any regional controls needed for attainment by all areas in the eastern half of the United States.
[[Page 52970]]
In response to problem of ozone transport, the Environmental Council of States (ECOS) recommended the formation of a national workgroup to assess the problem and to develop a consensus approach to addressing the transport problem. As a result of ECOS' recommendation and in response to the March 2, 1995 EPA memorandum, the Ozone Transport Assessment Group (OTAG), a partnership among EPA, the 36 eastern States and the District of Columbia, and industrial, academic, and environmental groups, was formed to conduct regional ozone transport analyses and to develop a recommended ozone transport control strategy. OTAG was given the responsibility of conducting the two years of analyses envisioned in the March 2, 1995 EPA memorandum.
OTAG conducted a number of regional ozone data analyses and
regional ozone modeling analyses using photochemical grid modeling. In
July 1997, OTAG completed its work and made recommendations to the EPA
concerning the regional emissions reductions needed to reduce
transported ozone as an obstacle to attainment in downwind areas. OTAG
recommended a possible range of regional NO
In the NO
Although the statewide NO
As a moderate ozone nonattainment area, the MetroEast/St. Louis nonattainment area was not included in the twophase approach established in EPA's March 2, 1995 memorandum. The EPA, however, recognizes that some moderate ozone nonattainment areas may also have been significantly impacted by ozone transport from upwind areas, making attainment of the 1hour ozone NAAQS difficult through the imposition of only local emission control measures. On July 16, 1998, EPA established a policy that allowed for a deferral of the attainment date for areas significantly impacted by ozone transport and where certain conditions are met. The EPA published this policy (Extension Policy) in the Federal Register on March 25, 1999. 64 FR 14441.
Under the Extension Policy, the EPA would defer final findings on the attainment status for moderate nonattainment areas and would instead allow these areas to submit attainment SIPs that include boundary reductions in ozone achieved by controls measures in upwind areas. The attainment date for these areas would be the date by which the relevant upwind areas will have reduced emissions, reducing the transported ozone. Along this line, on March 18, 1999, EPA published a proposed rule titled ``Clean Air Reclassification and Notice of Potential Eligibility for Attainment Date Extension, Missouri and Illinois, St. Louis Nonattainment Area; Ozone.'' In that proposed rule, the EPA proposed to defer final action on a proposed finding of nonattainment for the MetroEast/St. Louis nonattainment (which would have resulted in a bumpup of the area to serious nonattainment for ozone) until it could ascertain whether the attainment date should be extended for the area based on an application of the Extension Policy.
In an October 1999 draft supplement to its 1994 attainment
demonstration for the MetroEast/St. Louis nonattainment area, the
State of Illinois committed to implementing statewide NO
[[Page 52971]]
On April 30, 1998, the State of Illinois submitted a major revision
of the ozone attainment demonstration for the ChicagoGaryLake County
ozone nonattainment area. In that attainment demonstration revision,
the State demonstrated that significant reductions in transported ozone
and NO
C. What Have Been the Court Rulings Regarding EPA's NO
When the EPA published the NO
The State of Illinois has indicated that the NO
II. Summary of the State Submittal
A. When Were the NO
On June 29, 2000, the Illinois Environmental Protection Agency
(IEPA) submitted a draft NO
On July 18, 2000, EPA received a letter from David J. Kolaz, Chief, Bureau of Air, Illinois Environmental Protection Agency, which contained a number of documents, including the draft rule submitted on June 29, 2000 along with additional documentation for the draft rule. The letter included a request from the Bureau Chief to process the submittal in parallel (i.e., parallel processing) to the development of the rule at the State level and included a schedule for development and adoption of the rule by the State.
Parallel processing allows a State to submit a plan for approval
prior to actual adoption by the State. 47 FR 27073 (June 23, 1982) A
submittal for parallel processing must include the following three
items: a letter from the State requesting parallel processing; a
schedule for final adoption or issuance of the plan; and a copy of the
proposed regulation or document. Illinois submitted these three items
of information in the letter dated July 18, 2000, from the Bureau
Chief. The Bureau Chief is the authorized representative for the State
to submit SIP revisions. The letter asks that EPA parallel process the
submittal, and it includes milestones leading to final adoption of the
plan. The milestones are acceptable to EPA as a schedule, however the
end date of final approval (final rule adoption) by the Illinois
Pollution Control Board (IPCB) cannot precisely be established. Finally, enclosed with the letter was a copy of the draft
NO
B. What Are the Basic Components of the State's Draft Rule?
The State based the draft rule primarily on EPA's part 96 Trading
Rule. Many sections of part 96 are incorporated by reference (IBR) into
the draft rule. In addition to IBR of portions of 40 CFR part 96,
Illinois' NO
Table 1.40 CFR Parts and Sections Incorporated By Reference In Illinois' EGU NO
40 CFR Part Section Section Title/Subject
60............................ Appendix A....... Method 7 (The phenol
disulfonic acid
method).
72............................ All Sections..... Permits regulation.
75............................ All Sections..... Continuous emission
monitoring.
76............................ All Sections..... Acid rain nitrogen
oxides emission
reduction program. 96............................ Subpart A:
96.1............. Purpose.
96.2............. Definitions.
96.3............. Measurements,
abbreviations, and
acronyms.
96.5............. Retired unit
exemptions.
96.6............. Standard
requirements.
96.7............. Computation of time. [[Page 52972]]
Subpart B:
96.10............ Authorization and
responsibility of
the NO
96.30............ Compliance
certification
report.
96.31............ Permitting
authority's and
Administrator's
action on compliance
certification. Subpart F:
96.50............ NO
96.60............ NO
96.70............ Monitoring and
reporting, General
requirements.
96.71............ Initial certification
and recertification
procedures.
96.72............ Out of control
periods.
96.73............ Notifications.
96.74............ Recordkeeping and
reporting.
96.75............ Petitions.
96.76............ Additional
requirements to
provide heat input
data for allocations
purposes.
In addition to the IBR portion of the rule, the rule contains a
number of other sections or components. Table 2 lists these sections/
components. Some of these sections/components were derived from federal
regulations. (Illinois attempted to either revise the federal
regulations to more abbreviated versions or to revise the federal
regulations to make them more compatible with existing State
regulations.) Where appropriate, the final column of Table 2 notes the
federal regulation(s) from which the State regulation was derived or
notes the effect of the State regulation relative to related federal regulations.
Table 2.NonIBR Portions of Illinois' NO
Section 217.100................. Scope and
organization.
Section 217.101................. Measurement
Methods.
Section 217.102................. Abbreviations and Replaces some
Units. abbreviations
included by IBR. Section 217.104................. Incorporations by
Reference.
Subpart W....................... NO
Program for
Electrical
Generating Units.
Section 217.750................. Purpose...........
Section 217.752................. Severability......
Section 217.754................. Applicability..... See 40 CFR 96.4. Section 217.756................. Compliance
Requirements.
Section 217.756(b).............. Permit
requirements.
Section 217.756(c).............. Monitoring
requirements.
Section 217.756(d).............. NO
reporting
requirements.
Section 217.756(f).............. Liability.........
Section 217.758................. Permitting
Requirements.
Section 217.758(a).............. Budget permit See 40 CFR 96.20
requirements. and 96.21.
Section 217.758(b).............. Budget permit See 40 CFR 96.22
applications. and 96.23.
Section 217.760................. NO
Budget Electrical
Generating Units.
[[Page 52973]]
Section 217.764................. NO
Section 217.768................. New Source Set
Asides for
``New'' Budget
EGUs.
Section 217.770................. Early Reduction See 40 CFR 96.55. Credits for
Budget EGUs.
Section 217.774................. Optin Units......
Section 217.776................. OptIn Process.... See 40 CFR 96.84. Section 217.778................. Budget Optin
Units: Withdrawal
from NO
Section 217.780................. Optin Units:
Change in
Regulatory Status.
Section 217.782................. Allowance
Allocations to
Budget OptIn
Units.
Appendix D...................... NonElectrical
Generating Units.
Appendix F...................... Allowances for
Electrical
Generating Units.
Using information provided by the IEPA to the IPCB in support of the adoption of this rule, the following summarizes the various rule sections listed in table 2 above.
Subpart B, Section 211
A number of new definitions would be added to an existing part 211
of Illinois' air pollution rules. Definitions of the following terms
would be added: Allowance; Combined Cycle System; Combustion Turbine;
Common Commercial Operation; Commence Operation; Common Stack; Control
Period; Excess Emissions; Fossil Fuel; Fossil FuelFired; Generator;
Heat Input; Heat Input Rate; Nameplate Capacity; Potential Electrical
Output Capacity; and Repowering. The specifics of these definitions do
affect the completeness and enforceability of the rule(s) that uses
them. Therefore, they have been compared to definitions contained in 40
CFR parts 96 and 97 as part of the review conducted for this proposed rulemaking.
Subpart A
Section 217.100 Scope and Organization
This section specifies the purpose of the State's NO
This section states that the measurement of NO
Section 217.102 Abbreviations and Units
Like definitions of terms, abbreviation definitions can affect the
completeness and enforceability of a rule, and the abbreviations added
to this rule have been reviewed from this standpoint. It should be
noted that part 211 of Illinois' air pollution rules also contains a
number of defined abbreviations. The abbreviations added in section
217.102 are specific to the NO
Section 217.104
As noted above, the State proposes to amend section 217.104 (to add
this section to existing Illinois rules) to add portions of 40 CFR part
96 and 40 CFR parts 72, 75, and 76 (see table 1 above) to the documents
that have been incorporated into Illinois' rules by reference. IBR
documents are an integral part of Illinois' rules and are enforceable in the same manner as one would enforce any State rule.
Trading Program for Electrical Generating Units
Section 217.754 Applicability
This section addresses the applicability of the State's proposed
NO
Subsection (c) provides an exemption for lowemitters, such as
units that burn natural gas and/or fuel oil exclusively and have
potential NO
Section 217.756 Compliance Requirements
This section specifies the compliance requirements for EGUs subject
to the NO
Subject budget EGUs must meet specified monitoring requirements, including continuous emissions monitoring. An account representative for a subject budget EGU must comply with specified monitoring compliance certification and reporting requirements of 40 CFR part 96, subpart H. The monitoring results will be used to certify compliance with the budget emissions limitations.
Subsection (d) requires the account representative for a budget EGU
to hold sufficient emission allowances available for compliance
deduction in the budget EGU's compliance account to account for the source's overdraft account by
[[Page 52974]]
November 30 of each year starting in the compliance year (1 allowance
equals 1 ton of NO
Subsection (d)(3) contains a provision that defers the compliance
date for the program beyond May 1, 2003, if any of the neighboring
States and other States in Region 5 subject to the NO
Subsection (e) provides the recordkeeping requirements for the budget EGUs. All emission monitoring information must be recorded and maintained in accordance with 40 CFR part 96, subpart H. Documents and records must be kept and must be made available for inspection upon request for 5 years unless a different period is specified elsewhere (under other rules).
Subsection (f) contains the provisions governing liability of budget EGUs, their owner and operators, and account representatives. The owner and account representative of one budget EGU are not liable for any violation of any other budget EGU with which they are not affiliated, except with respect to requirements for EGUs with a common stack.
Section 217.758 Permitting Requirements
The budget permit of a budget EGU must contain federally enforceable conditions that apply to the unit and provide that the budget permit is a complete and segregable portion of the source's entire permit.
Subsection (a) prohibits the issuance of a budget permit and the
establishment of a NO
Section 217.760 The NO
Subsection (a) provides that the total base NO
Subsection (b) authorizes the IEPA to adjust the total EGU trading
budget available for allocation. This is done to remove allowances for
lowemitters opting to become exempt from the NO
Subsection (c) authorizes the IEPA to adjust the total base EGU
trading budget prorata if the EPA subsequently makes adjustments in the EGU budget.
Section 217.762 Methodology for Calculating NO
The methodology used to calculate allocations (not the total state
wide emission cap) is based on the emission rate limit and a unit's
control period heat input. Appendix F of the rule lists the budget EGUs
and their associated allowances. For budget EGUs, including optins,
not listed in appendix F, the limiting emission rate used in the
calculation of allowances is the more stringent of 0.15 pounds
NO
Subsection (b) sets forth how the heat input is to be determined
for the control period. This heat input for each budget EGU is used
along with the emission limit to determine the NO
Section 217.764 NO
This section sets forth, for each control period, the allowance
allocations for budget EGUs. The allocations involve a ``fixed/flex''
approach from 2006 through 2009 and a ``100 percent flex'' approach in
2010 and thereafter (consult this section of the rule for the details
of these approaches). The allocations for 2003 through 2005 are specified in subsection (a).
Section 217.768 New Source SetAside for ``New'' Budget EGUs
This section sets aside allowances for new sources as noted above. During the period of 2003 through 2005, any allowances that are not allocated to new sources will be allocated to certain EGUs. After January 1, 2003, new budget EGUs that commence commercial operation may purchase allowances from the new source setaside based on a pricing structure defined in this section.
Section 217.770 Early Reduction Credits for Budget EGUs
The IEPA proposes to add this section that allows budget EGUs to
request early reduction credits (ERCs) if they reduce NO
C. Components of the Draft Regulations
1. What geographic regions and sources are affected by the draft regulations?
The proposed rules affect all fossil fuelfired boilers, combustion
turbines or combined cycle systems in the State of Illinois serving a
generator with a nameplate capacity greater than 25 MWe (and boilers,
turbines, and all combined cycle systems in the State of Illinois
serving smaller generators provided that these units have heat input
rates exceeding 250 mmBtu/hour and have a potential to provide more
than 50 percent of their power output to the generators), and any opt
in sources in the State of Illinois as described in the rule.
2. What are the allowable NO
The NO
[[Page 52975]]
note that its analysis thus far will `` * * * likely demonstrate
attainment * * * '' of the 1hour ozone standard. The State will
complete its air quality modeling and submit its final attainment
demonstration to EPA in December 2000. Finally, this rule is intended
to provide the level of control from EGUs that, in conjunction with
rules establishing similar requirements for other source types, will
meet Illinois' NO
3. What are the monitoring, recordkeeping, and reporting requirements for affected sources?
The IEPA proposes to incorporate by reference the EPA Part 96
monitoring, Recordkeeping, and reporting requirements for the affected
sources. However, in section 217.770(a) of the rule, which addresses
early reduction credits for budget EGUs, the rule provides that `` * *
* monitoring system availability shall be not less than 80 percent
during the control period prior to the control period in which the
NO
4. What is the compliance/implementation deadline for affected sources?
The Illinois rule has a compliance date that is contingent upon
implementation of NO
This language raises significant concerns. To avoid
reclassification of the St. Louis area to serious nonattainment,
Illinois must submit rules that provide adequate NO
EPA is also concerned about other aspects of this provision of
Illinois rule. The language in Ilinois' rule makes the compliance date
contingent on adoption/approval or promulgation of ``regulations to
implement NO
D. Will the Illinois NO
Illinois' rule on EGUs is a key element of the set of rules
Illinois is expected to submit to satisfy the reduction requirements
for NO
Illinois has not yet submitted a detailed assessment of whether its
full set of rules will assure achievement of the reductions. EPA
expects such a submittal in conjunction with the other rules that
Illinois must still submit. EPA will rulemake on the adequacy of
Illinois' rules for achieving the State's NO
E. What Public Review Opportunities Are/Were Provided?
The State reports that early in 1999, the IEPA commenced regular
meetings with the NO
Following the May 25, 1999 stay by the Court of Appeals, the IEPA
shifted its effort to meet the requirements of the 1hour standard
attainment demonstrations. When this stay was lifted on June 22, 2000,
IEPA again began to formulate a program to comply with the
NO
F. What Requirements Are Contained in the NO
As noted in the December 16, 1999 proposed rulemaking on the
State's attainment demonstration for the ChicagoGaryLake County ozone
nonattainment area (64 FR 70496), the State did not commit to develop
regional NO
[[Page 52976]]
Wisconsin, and the Lake Michigan Air Directors Consortium) are
currently modeling the possible impacts of the NO
As noted in the proposed rulemaking for the MetroEast/St. Louis
ozone nonattainment area (65 FR 20404), the attainment demonstration
for this nonattainment area relies on NO
G. What Guidance Did EPA Use to Evaluate Illinois' NO
The State of Illinois asked that the part 217 NO
H. Does the Illinois Part 217 NO
Aside from the implementation delay problem and other deficiencies
discussed elsewhere in this document, EPA proposes to find that the
part 217 NO
Until Illinois and other Lake Michigan States complete the
attainment demonstration for the Lake Michigan area, it cannot be
determined whether the NO
I. Does the Illinois Part 217 NO
No. The part 217 rule only addresses the NO
J. What Deficiencies Were Noted in Illinois' NO
EPA reviewed the State's draft part 217 NO
Section 217.101
(a) The reference to Method 7 is questionable. Method 7 is a one
time stack test. The rule should require Continous Emissions Monitoring
System (CEMS). Additionally, there is a more recent method than method 7. It is method 7e.
(c) Lowemitter status. If a unit receives low emitter status, it
will not be required to monitor anymore: it will need only to report
operating hours. Therefore, item D, which requires potential
NO
Section 217.756
This section repeats section 96.6 of 40 CFR part 96, which is
already incorporated by reference. Therefore, section 217.756 could be deleted.
(d)(3) This subsection is discussed in detail in the front of this
proposal and is the main reason for EPA's proposed disapproval in the
alternative. Basically, this rule as written will result in potential
delay regarding implementation of elements of the trading program. This
section provides opportunity for delay in implementation of the program
until all States in EPA Region 5, and States on the Illinois border
have their NO
(g) Effect on other authoritiesRather than referencing 40 CFR 96.4(b), the rule should reference 217.754(c).
Section 217.762
Throughout this section, when the State addresses allocation of
allowances from the new source setaside, it uses the phrase ``to
budget EGUs that have not fully operated for the full 2000 control
period (italics supplied).'' Read literally, it could authorize an
existing source that was shut down for part of a control period to
receive allowances from the new source setaside. The State should
clarify, perhaps by replacing the italicised phrase with the phrase
``commenced commercial operation.'' This latter term is used in section
217.768. The regulations should use consistent terminology. Section 217.768
(i) In this section the State should clarify the phrase `` * * *
less than onehalf of the control period in 2002 * * * ''. Specifics on units and criteria are needed to define this phrase.
Section 217.770
(a) The unit's monitoring data availability should be 90 percent,
not 80 percent. The phrase, the `` * * * control period prior to the
control period * * * '' is ambiguous due to the double reference to ``control period.'' This phrase should be clarified.
Section 217.774 Optin Units
(a)(2) By its terms, the provisions authorize units to optin even
if all of their emissions are not vented to a stack. This provision
should be revised so that only units that vent all emissions to a stack
may optin. 40 CFR part 96 contains this limit. In addition, part (a)
of this provision limits optins to stationary boilers, combustion
turbines, or combined cycle systemsall of which vent to a stack. Section 217.776
(b) Monitoring data availability should be 90 percent, not 80 percent.
Section 217.778
(b)(3) The rule refers to ``any allowances allocated to that unit
under section 217.782 of this subpart for the control period * * * (emphasis
[[Page 52977]]
added).'' The emphasized term should be revised to read ``the same or earlier control period.''
Section 217.780
Throughout this section, the State refers to a unit which changes its regulatory status and becomes a budget optin unit. In f
FOR FURTHER INFORMATION CONTACT John Paskevicz, Regulation Development
Section, Air Programs Branch (AR18J), U.S. Environmental Protection
Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, Telephone Number: (312) 8866084, EMail Address:
paskevicz.john@epamail.epa.gov.
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