Section 225.299  Combined Pollutant Standard: Clean Air Act Requirements

The SO₂ emissions rates set forth in the CPS shall be deemed to be best available retrofit technology ("BART") under the Visibility Protection provisions of the CAA (42 USC 7491), reasonably available control technology ("RACT") and reasonably available control measures ("RACM") for achieving fine particulate matter ("PM_2.5") requirements under NAAQS in effect on August 31, 2007, as required by the CAA (42 USC 7502).  The Agency may use the SO₂ and NO_x emissions reductions required under the CPS in developing attainment demonstrations and demonstrating reasonable further progress for PM_2.5 and 8 hour ozone standards, as required under the CAA.  Furthermore, in developing rules, regulations, or State Implementation Plans designed to comply with PM_2.5 and 8 hour ozone NAAQS, the Agency, taking into account all emission reduction efforts and other appropriate factors, will use best efforts to seek SO₂ and NO_x emissions rates from other EGUs that are equal to or less than the rates applicable to the CPS group and will seek SO₂ and NO_x reductions from other sources before seeking additional emissions reductions from any EGU in the CPS group.

(Source:  Added at 33 Ill. Reg. 10427, effective June 26, 2009)