TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS FOR STATIONARY SOURCES
PART 225 CONTROL OF EMISSIONS FROM LARGE COMBUSTION SOURCES
SECTION 225.635 REQUIREMENTS FOR CAIR SO2, CAIR NOX, AND CAIR NOX OZONE SEASON ALLOWANCES


 

Section 225.635  Requirements for CAIR SO2, CAIR NOx, and CAIR NOx Ozone Season Allowances

 

a)         The following requirements apply to the owner, the operator and the designated representative with respect to CAIR SO2, CAIR NOx, and CAIR NOx Ozone Season allowances:

 

1)         The owner, operator, and CAIR designated representative of specified EGUs in a CPS group is permitted to sell, trade, or transfer SO2 and NOx emissions allowances of any vintage owned, allocated to, or earned by the specified EGUs (the "CPS allowances") to its affiliated Homer City, Pennsylvania generating station for as long as the Homer City Station needs the CPS allowances for compliance. 

 

2)         When and if the Homer City Station no longer requires all of the CPS allowances, the owner, operator, or CAIR designated representative of specified EGUs in CPS group may sell any and all remaining CPS allowances, without restriction, to any person or entity located anywhere, except that the owner or operator may not directly sell, trade, or transfer CPS allowances to a CAIR NOx or CAIR SO2 unit located in Ohio, Indiana, Illinois, Wisconsin, Michigan, Kentucky, Missouri, Iowa, Minnesota, or Texas. 

 

3)         In no event shall this subsection (a) require or be interpreted to require any restriction whatsoever on the sale, trade, or exchange of the CPS allowances by persons or entities who have acquired the CPS allowances from the owner, operator, or CAIR designated representative of specified EGUs in a CPS group.

 

b)         The owner, operator, and CAIR designated representative of EGUs in a specified CPS group is prohibited from purchasing or using CAIR SO2, CAIR NOx, and CAIR NOx Ozone Season allowances for the purposes of meeting the SO2 and NOx emissions standards set forth in Section 225.620.

 

c)         Before March 1, 2010, and continuing each year thereafter, the CAIR designated representative of the EGUs in a CPS group must submit a report to the Agency that demonstrates compliance with the requirements of this Section for the previous calendar year and ozone season control period (May 1 through September 30), and includes identification of any CAIR allowances that have been used for compliance with the CAIR Trading Programs as set forth in Subparts C, D, and E, and any CAIR allowances that were sold, gifted, used, exchanged, or traded.  A final report must be submitted to the Agency by August 31 of each year, providing either verification that the actions described in the initial report have taken place, or, if such actions have not taken place, an explanation of the changes that have occurred and the reasons for such changes. 

 

(Source:  Added at 31 Ill. Reg. 12864, effective August 31, 2007)