ILLINOIS POLLUTION CONTROL BOARD

March 29,

1979

IN THE MATTER OF:

)

PROPOSED REVISIONS

 TO RULES

 101,

)

 R79—3

103, and 105 OF CHAPTER

 2, AIR

)

POLLUTION

 (PERMIT CONDITIONS AND

)

MAINTENANCE PROGRAMS)

INTERIM ORDER OF THE BOARD

 (by Mr. Goodman):

In order to meet the federal deadline for submittal

of

State Implementation Plan revisions pursuant to the Clean

Air Act,

 42 U.S.C.

 §7401 et ~j.

 (1977),

 the Board hereby

proposes the following amendments to Rules 101,

 103 and 105

of Chapter

2:

 Air Pollution Regulations.

 The Board orders

that the Hearing Officer set further hearings or set aside

time during the economic impact hearings to receive testimony

on these proposed amendments.

 These proposed amendments are

not a final action in this matter for any purpose.

PROPOSED ORDER

1.

It

 is proposed that the following definitions be added

to Rule 101 in their alphabetically appropriate positions:

Excess Emissions:

 Emissions that exceed any standard

or limitation set forth in Part II,

IX,

 or X of Chapter

2.

Malfunction:

 Any sudden and unavoidable failure of air

pollution control

 equipment or an emission source to

 operate in a normal and usual manner.

Breakdown:

 Any failure

 of air pollution control equip-

ment or an emission source to operate in a normal and

usual manner if such

 failure

 is caused entirely or in

part by poor maintenance,

 careless operation, chronic

or repeated overloading,

 lack of compliance with a

required maintenance program,

 or any other preventable

upset condition or preventable equipment failure.

~

 The setting into operation of any air pollution

control equipment

 or an emission source for any purpose,

except routine phasing in of process equipment.

Any

requirement contained in these Rules applicable to

startups shall also apply to shutdowns.

33—305

2

Shutdown:

 The cessation of operation of any air

pollution control equipment or an emission source for

any purpose, except routine phasing out of process

equipment.

 Any requirement contained

 in these Rules

applicable to startups shall also apply to shutdowns.

2.

 Rule 103

—

 It is proposed that Rule 103(b)(7) be amended

as follows:

Rule 103(b)(7)

 Conditions.

 The Agency may impose

conditions

 in an Operating Permit as may be necessary

to accomplish the purposes of the Act,

 and as are not

inconsistent with the regulations promulgated by the

Board thereunder.

 Except as herein specified, nothing

in this Chapter shall

 be deemed to limit the power of

the Agency in this regard.

 -Wh~e~-

 -deemed-

 -op~4a.~t-e-

 -&e-

-~-

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-t-O-

-t-he--ie-~~ee-

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 ~og~a1~-

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 4we~e~-~-

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 -the-~i~t-e~a~ee-

 -pr-ogr-&rn--~eq~4~e4

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3.

 Rule 105

 Delete the current Rule 105 and substitute

the following:

Rule

 105:

 Maintenance, Malfunctions, Breakdowns,

Startups and Shutdowns

(a)

 Prohibition

(1)

 person

 shall cause or allow the continued

operation of an emission source during break-

down of the emission source or related air

pollution control equipment

 if such operation

would cause excess emissions.

(2)

 No person shall

 cause or allow the continued

operation of an emission source during malfunc-

tion of the emission source or related air

pollution control equipment

 if such operation

would cause excess emissions unless the

conditions prescribed in paragraphs

 105(c),

Records and Reports, and 105(d), Operation

during Malfunction,

 Startup or Shutdown,

are

met.

(3)

 No person shall cause or allow excess emissions

during startup or shutdown unless the current

33—306

3

operating permit granted by the Agency provides

for excess emissions during startup or shutdown

and the emission source is being operated in

compliance with all conditions

 in the current

operating permit concerning startups or

shutdowns.

 When the standards or

 limitations

of Part

 2 of this Chapter

 2 will be violated

during startup, a request for permission to

violate such standards or limitations shall

be an integral part of the application for an

Operating Permit pursuant to Rule 103 and

shall include,

as

 a minimum:

 a description

of the startup procedure for each emission

source,

 the duration and frequencies of such

startups,

 the types and quantities of emis-

sions during such startups and the applicant’s

efforts to minimize any such startup emissions,

duration of individual startups,

 and frequency

of startups.

(4)

 In the following townships,

 no person shall

replace the air pollution control equipment

on any source of particulate matter with a

less effective kind of control

 equipment:

Cook

—

 All townships

Will

 DuPage, Plainfield,

 Lockport, Joliet,

Peotone,

 and florence

Macon

 Decatur and Hickory Point

Madison

 Alton, Chouteau, Collinsville,

Edwardsville, Fort Russell,

Godfrey, Granite City,

 Nameoki,

Venice and Wood River

(b)

 Maintenance.

 Every owner or operator of an emis-

sion source or air pollution control equipment

shall maintain such source or equipment in accor-

dance with a maintenance program.

 Such program

shall be designed to prevent

 a breakdown which

could lead to excess emissions and to minimize

excess emissions

 to the maximum extent practicable

if a malfunction or breakdown occurs.

 The owner

or operator shall inform the Agency of the person

or persons responsible for administering the

maintenance program and upon request shall describe

the program to the Agency; provided, however,

 that

the Agency shall not have the authority to approve

the maintenance programs required by this paragraph.

Every owner of an emission source or air pollution

control equipment shall comply with this paragraph

within

 90 days of

the

 effective date

 of this

Rule.

‘33—307

4

(c)

 Records and Reports.

 Any person who causes or

allows the continued operation of an emission

source during a malfunction of the

 emission source

or related air pollution control

 equipment when

such continued operation causes excess emissions

shall,

 if the excess emissions last for more than

2 hours and exceed 200 pounds or if the excess

emissions include any air contaminant which may

constitute an immediate or acute danger to health:

(1)

 Notify the Agency as soon as

 is reasonably

possible but not later than one working day

subsequent

 to the start

 of the malfunction;

and

(2)

 Submit to the Agency in writing, within ten

working days,

 a report including:

(A)

 identification of the sources,

 stacks,

instrumentation and control devices

involved in the malfunction;

(B)

 time and duration of the excess emissions;

(C)

 estimate of the magnitude of the excess

emissions;

(D)

 nature and probable causes of the excess

emissions;

(E)

 a description of the steps taken by such

person to remedy the situation causing

the excess emissions, prevent a recurrence,

and limit the excess emissions;

and

(F)

 a statement of the reasons why such

continued operation was necessary to

prevent injury to persons or severe

damage to equipment or to provide

essential services.

(d)

 Operation during Malfunction,

 Startup or Shutdown.

It shall he a defense to an enforcement action

alleging a violation of any applicable emission

limitation or air quality standard that:

(1)

 the violation occurred as a result of

a

malfunction, startup or shutdown;

(2)

 the emission source and air pollution control

equipment have been operated

 in accordance

with the maintenance program required by Rule

105(b);

33—308

5

(3)

 repairs were made promptly when the operator

knew or should have known that applicable

emission limitations were or were likely to

he

 exceeded;

(4)

 the amount and duration of excess emissions

(including any bypass) were minimized

 as much

as practicable during periods of

 such emissions;

(5)

 All reasonable steps were taken to minimize

the effect of the excess emissions

 on ambient

air quality;

(6)

 the excess emissions were not part of a

recurring pattern indicative of inadequate

design,

 operation or maintenance; and

(7)

 continued operation during the malfunction

was necessary to prevent injury to persons or

severe damage to equipment

 or to provide

essential services; provided, however,

 that

continued operation solely for the economic

benefit of the owner

or operator shall not be

sufficient.

Mr. Young and Mr.

Dumelle concur.

I,

 Christan L.

 Noffett, Clerk of the Ijlinois Pollution

Control Board, her~by certify the ~bove

 Interim Order was

adopted on the~q_~ day

of

(flJ.~

 1979 by a vote of

Christan L. Moff

 Clerk

Illinois Pollution

 ontrol Board

33—309