ILLINOIS

POLLUTION

CONTROL

BOARD

January

9,

1975

IN

THE

MATTER

OF:

i~

74-2

SULPHUR

DIOXIDE

INQUIRY

HEARINGS

PROPOSAL

FOR

REGULATORY

CHANGE

(by

Mr.

Marder)

The

following

amendment

to

Rule

204

of

Chapter

2

of

the

Board’s

Rules

and

Regulations

is

proposed..

A

statement

of

need

follows.

The

record

gathered

in

the

Inquiry

Hearings

previous:L.y

held

in

this

mat-

ter

shall

be

incorporated

in

this

proceeding.

Public

hearings

shall

be

held

after

due

notice

is

given~

PROPOSED

RULE

204

(:E)

Existing stationary sources

are

exempt from

the

numerical

limit-

ations of paragraphs

(c),(d), and

Ce)

of this Rule 204, subject to

the following:

(1)

A plan shall be filed within 60

days from the date of the

adoption of this Rule 204

(f) which will:

A.

Insure compliance with the numerical provisions of para-

graphs

Cc),

Cd),

or

(e)

of this Rule 204 by the use of

low-sulphur fuels no later than May

31,

1978,

or,

B.

Insure compliance with the numerical provisions of para-

graphs

Cc),

(d),

or

(e)

of this Rule 204 by permanent

emission reduction techniques while using high-sulphur

fuel

as a fuel no later than May 31, 1980.

(2)

Any plan filed under 1

(A) or 1

(B)

above shall contain at a

minimum the following enforceable compliance dates:

A.

A date certain when a final decision is to be made as to

election of a 204

(f) (1) (A) or 204

(f) (1) (B)

compliance

plan.

This date shall be no later than December 31,

1975.

B.

In the case of a 204

(f) (I) (B)

compliance plan,

a date cer-

tain

as to selection of

a process

to achieve such compli-

ance.

Such date shall be no later than May 31,

1976.

C.

Dates when bids are to be let.

D.

Dates when final contracts are

to

be

signed.

E.

Dates for start of construction.

F,

Dates

for end of construction.

G.

Any other reasonable interim dates requested by the

Board or the Agency~

15 —231

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—2—

(3)

Quarterly reports shall be filed with the Agency detailing

progress made towards compliance.

(4)

The installation and maintenance of such equipment and meth-

ods approved by the Agency and within the general guidelines

of proposed 40 CFR 51.1 published.September 14, 1973

(38

F.R.

25697), which wflT guarantee the maintenance of the National

Ambient Air Quality Sulphur Dioxide Standards.

Such methods

shall be enforceable on their face and shall be operable no

later than May 31,

1976.

(5)

No existing source shall increase its sulphur dioxide emiss-

ions above those which such source was emitting on October

31,

1974,

unless such increase does not exceed the numerical

lizn—

itation of paragraphs

(c),

Cd), or

Ce) of this Rule 204.

Statement of Need:

Rule 204 was originally adopted by the Board on April 13, 1972.

Said Rule was adopted along with all of Chapter

2.

At the time of

adoption, the best available data was used in formulating the Board’s

rule.

A summary of the Board’s rationale

used

in adopting Rule 204

can be found on Page

36 of the Board’s Opinion in that matter:

“We believe that this combination of measures will prove

adequate,

in the immediately foreseeable future, to protect

against violation of the air quality standards throughout the

State.

In contrast to particulate matter,

for which stack-

cleaning technology is tried, proven, and in long-standing

common use, we think it would not be wise to extend the

strict, sulphur dioxide emission standard state-wide at the

present time.

In the short term we prefer to permit opera-

tors in areas of the State not faced with acute sulphur prob-

lems to await further information on emerging technology be-

fore committing their resources.

The corollary of the prin-

ciple that the time for action comes sooner in the face of

need is that it comes

later when the need is less.

More-

over,

it would not be prudent to dissipate the none—too-abund-

ant supply of low-sulphur fuels by requiring their use in

areas without serious air-quality problems.”

R.

71-23,

Pg.

36-37.

On March

7,

1974,

the Board issued its Order authorizing Inquiry

Hearings, stating that it would be desirable to hold several inquiry

hearings to gather information on several points relating to the sul-

phur dioxide question ~see Order, March

7, 1974,

R 74—2).

The Inquiry Hearings were held on eight separate days and a wealth

of new information was gathered.

It is on the basis of information

gathered that

I

realized the need for modification of the present Rule

204.

In proposing the instant rule for hearing, the Board is in no way

committed to the exact language or time frames incorporated therein.

It is rather my intent to propose a first draft of what

I feel

is a

15

—

232

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—3—

warranted change when considering my obligations under the Environmental

Protection Act.

I would urge participation of all parties in the comment period and

regulatory hearings to follow.

Accordingly,

I would request the full Board

on this proposal

and set it for public hearings as soon

as po~

Sidney

M.

Marder,

Board Member

15

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233