ILLINOIS POLLUTION CONTROL BOARD
June
4,
1992
IN THE MATTER OF:
)
EXPANSION OF APPLICABILITY OF
)
REASONABLY AVAILABLE CONTROL
)
TECHNOLOGY FOR OZONE TO GOOSE
P91-28
LAKE
AND AUX SABLE TOWNSHIPS
IN
)
(Rulemaking)
GRUNDY COUNTY,
ILLINOIS, AND
)
OSWEGO TOWNSHIP IN KENDALL COUNTY
)
ILLINOIS:
ANENDMENTS TO 35
ILL.
ADM.
CODE PARTS 215 AND 218
Proposed Rule.
Second Notice.
OPINION AND ORDER OF THE BOARD
(by R.C. Flemal):
This matter comes before the Board upon the proposal of the
Illinois Environmental Protection Agency
(Agency)
to amend
portions of 35
Ill. Adm. Code 215 and 218.
The proposed
amendments concern modification of the area designated as the
Chicago ozone nonattainment area.
The amendments would expand
the area to include three additional townships: Goose Lake and
Aux Sable Townships
in Grundy County and Oswego Township in
Kendall County.
The effect of the expansion would be to bring certain
stationary sources of volatile organic material
(VOM)
emissions
bOated within the three townships under the charge of the
Board’s reasonably available control technology
(PACT)
regulations found at 35
Ill.
Adm. Code
218’.
No new technical
PACT requirements are being today proposed.
By today’s action, the Board sends the proposed geographic
modifications to second notice.
PROCEDURAL HISTORY
In anticipation of the need to promulgate regulations
required under Title I of the 1990 Amendments to the Federal
Clean Air Act
(CAA), Public Law 101—549, the Board on October 24,
In addition to the Chicago area PACT regulations found at 35
Ill.
Adm.
Code 218,
PACT regulations applicable to the Metro-East
area occur at 35 Ill.
Adrn. Code 219;
35 Ill. Adm. Code 215 contains
PACT regulations applicable
to
areas other
than the Chicago
and
Metro-East nonattainment areas.
134—167
2
1991 opened this and several related dockets2.
The expressed
purpose of opening these dockets as early as October 1991 was to:
1)
Facilitate notification of the pending rulemakings;
2)
Solicit views of interested person on the
timing of the various rulemaking proceedings;
and
3)
Ensure, to the maximum extent possible, that
the rulemakings would be completed in a
timely fashion.
Action
in several of these dockets has now been completed;
several others are currently active,
and
in several other dockets
proposals have yet to be filed with the Board.
In the immediate
docket the Agency filed
its proposal for rulemaking on February
18,
1992.
By order
of February 27,
1992,
the Board accepted the
Agency’s proposal for hearing and also accepted the Agency’s
certification that this rulemaking
is federally required pursuant
to Section 28.2 of the Environmental Protection Act
(Act)
(Ill.
Rev.
Stat.
1991,
ch.
111½, par.1028.2),
as amended by P.A.
86—
1409.
By order of March
11,
1992,
the Board sent this proposal to
first notice, pursuant to Section 5.01 of the Illinois
Administrative Procedure Act.
First notiöe publication occurred
at 16
Ill. Peg.
4682 and 4693, March 27,
1992.
The Board took no
substantive position on the merits of the proposal as part of the
first notice adoption order.
As the Board noted:
The Board emphasizes
that
in sending this proposal
to first notice,
it adopts ~
substantive position on
the merits of the proposal.
The Board believes that
publishing the proposal at this time will maximize the
opportunity for public comment on the proposal.
Additionally, the Board has already stated that
it
places a very high priority on the quick resolution of
this rulemaking.
Beginning the statutorily-required
first notice period at this time will allow for the
most expeditious resolution of the proceeding.
(In Re:
PACT Expansion of Applicability,
P91-28
(March
11,
1992,
p.
2.)
2
Covered
in this package are regulations directed to facets
of
RACT,
Stage
II
vapor
recovery,
employee
trip
reduction,
SO2
emissions,
and PM—iD
control,
as
found
in
Board
dockets P91-27
through P91-37.
134—168
3
Hearing was held on May 12,
1992
in Oswego,
Illinois.
The
Agency presented testimony on the proposed amendments,
and
offered itself for questions from the Board and the interested
public.
A post-hearing comment period extended to May 27,
1992.
Five public comments have been received by the Board.
In
public comment #1 the United States Environmental Protection
Agency (USEPA)
acknowledges receipt of the Board’s October 24,
1991 order opening this docket.
In public comment #2 the
Administrative Code Division
(Code Division)
of the Office of the
Secretary of State notes changes necessary to conform the
proposed rule sections to Code Division standards
(see
following).
In public comment
#3 the City of Chicago urges
adoption of the proposed amendments.
In public comment #4 the
Illinois Department of Commerce and Community Affairs reports
its
finding of no ‘negative economic impact associated with the
proposed amendments.
In public comment #5 the Agency. makes
two
short supplements to its hearing comments.
REGULATORY FRAMEWORK and FEDERAL REQUIREMENTS
The basic air regulations which are today proposed to be
amended have been adopted by the Board over
a number of years
with the purpose of providing for clean air within the State.
Among the most recent significant actions
in this arena was the
adoption by the Board on July 25,
1991 of major revisions to
Illinois’
state implementation plan
(SIP)
for the control
of
ozone and ozone precursors.
In pertinent part those revisions
applied only to stationary VOM sources located in the six Chicago
area counties of Cook,
Lake,
DuPage, Kane,
McHenry,
and Will.
Specifically not included were any portions of the contiguous
counties,
Grundy and Kendall.
The six—county area conformed with the Chicago ozone
nonattainment area,
as then designated by the USEPA.
Conformity
is
a necessary element of the SIP,
and
in turn of the ability of
Illinois to retain control of its own CAA program and to avoid
federal sanctions.
Now, however,
USEPA has modified the Chicago ozone
nonattainnient area by designating Aux Sable, Goose Lake,
and
Oswego Townships to also be nonattajninent for ozone3.
Moreover,
pursuant to the
CAA
Amendments at 42 USC §7511a(d)
Illinois
is
~ 56
Fed.
Peg.
56694,
November
6,
1991;
codified at
40
CFP
¶81.314.
Under
the
normal
course
of
affairs,~the
entirety
of
Kendall
and
Grundy
Counties
would
have
been
designated
nonattainntent
by the USEPA;
however, the Agency made appropriate
showings
and
arguments
causing
the
USEPA
to
limit
the
added
designations to just the three townships.
(PC #5 at 2.)
134—169
4
required to submit to USEPA by November 15,
1992 SIP revisions
recognizing the modified nonattainment area.
By today’s action the Board proposes to introduce this
modified ozone nonattainment area into the Board’s regulations.
This is to be effectuated by amending three sections of the
Board’s PACT rules at 35 Iii.
Adin.
Code: Sections 215.100,
218.103., and 218.106.
Within the first two of these three
sections the geographic limits of the Chicago nonattainment area
are defined; the provisions in the third section allow for a
timely phase-in of the applicability of the rules to the three
new townships.
The phase—in period is recommended by the Agency
to be one year from the date of required SIP submission
(i.e.,
November
15,
1993).
AFFECTED SOURCES
The Agency has undertaken a search to identify potentially
affected VOM emission sources located within the three townships~
They conclude that there are twelve identifiable stationary
sources of VOM emissions.
Of these, the Agency concludes that
seven are already in compliance with the Part 218 regulations,
and therefore do not appear to be impacted by the proposed
amendments.
(Exh.
1 at
8;
Tr.
at 23).
The other five4 the
Agency concludes may be required to undertake measures ranging
from recordkeeping and reporting to reduction of emissions.
(Exh.
1 at 8—9; Tr.
at 24)
The Agency invited representatives of each of the twelve
facilities to a meeting held on December 19,
1991; the five
facilities identified as being impacted attended.
The Agency
provided summary emissions data to the impacted facilities and
discussed the proposed amendments.
(Exh.
1 at 7.)
TECHNICAL FEASIBILITY AND ECONOMIC REASONABLENESS
The Part 218 requirements have previously been found to be
technically feasible and economically reasonable as rules of
general applicability.
Today’s amendments add no new technical
requirements.
Additionally, the sources newly affected do not
differ from sources currently covered by Part 218
in any way that
would imply a different technical feasibility and economic
reasonableness determination.
(Exh.
1 at 10;
Tr. at 27,
49.)
~The facilities are Quantum-USI Division, Akzo Chemicals, an~
Alumax
Mill
Products
located
in
Aux
Sable
Township,
Reicholc
Chemicals located
in Goose Lake Township, and Caterpillar
(Aurora
Plant)
located in Oswego Township.
(Exh.
1 at Appendix B;
Tr.
at
36)
134—170
5
MODIFICATIONS FROM FIRST NOTICE
Today’s second notice is proposed without substantive change
from the amendments proposed for first notice.
However, pursuant
to comments from the Code Division
(PC #2),
several form changes
have been made with regard to the manner in which citations to
other Parts are treated.
ORDER
The Board hereby directs that second notice of the following
proposed amendments be submitted to the Joint Committee on
Administrative Rules.
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE
B:
AIR POLLUTION
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER
c:
EMISSIONS STANDARDS AND LIMITATIONS FOR
STATIONARY SOURCES
PART 215
ORGANIC
MATERIAL
EMISSION STANDARDS AND LIMITATIONS
SUBPART A:
GENERAL PROVISIONS
Section 215.100
Introductirn~
a)
This Part contains standards and limitations for
emissions of organic material
from. stationary sources
located in areas other than the Chicago area counties
of Cook,
DuPage,
Kane,
Lake, McHenry, and Will,
~
Townships of Aux Sable and Goose Lake in Grundy County,
and the Township of Oswego
in Kendall
County, and the
Metro East area counties of Madison, Monroe,
and St.
Clair.
Standards and limitations applying
in the
Chicago area are set forth
in 35 Ill.
Adin.
Code
218.
Standards and limitations applying in the Metro East
area are set forth in 35
Ill. Adm.
Code 219.
1)
Notwithstanding any other provision of this Part,
the provisions of this Part shall not apply to
sources located in the Chicago area counties of
Cook,
DuPage, Kane,
Lake, McHenry~and Will,
~Ji~
Townships of Aux Sable and Goose Lake in Grundy
County,
and the Township of Oswe~o in Kendall
County,
unless the provisions of
35
Ill.
Adni.
Code
218 applicable to such sources are voided or
otherwise made ineffective pursuant to Section
218.100 of 35
Ill. Adm.
Code 218.
134—17 1
6
2)
Notwithstanding any other provision of this Part,
the provisions of this Part shall not apply to
sources in the Metro East area counties of
Madison, Monroe and St. Clair unless the
provisions of 35
Iii. Adm. Code 219 applicable to
such sources are voided or otherwise made
ineffective pursuant to Section 219.100 of 35
Ill.
Adm.
Code 219.
b)
Sources subject to this Part may be subject to the
following:
1)
Permits required under
35 Ill.
Adm.
Code 201;
2)
Air quality standards under
35 Ill.
Adm.
Code 243.
c)
This Part is divided into Subparts which are grouped as
follows:
1)
Subpart A:
General provisions;
2)
Subparts B
-
3:
Emissions from equipment and
operations in common to more than one industry;
3)
Subparts K
—
M:
Emissions from use of organic
material;
4)
Subparts N
—
end:
Special rules for various
industry groups.
(Source:
Amended at
____
Ill.
Reg.
_________,
effective
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE B:
AIR POLLUTION
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER
c:
EMISSIONS STANDARDS AND LIMITATIONS F
STATIONARY SOURCES
PART 218
ORGANIC MATERIAL EMISSION STANDARDS AND LIMITATIONS
FOR THE CHICAGO AREA
SUBPART A:
GENERAL PROVISIONS
Section 218.103
Applicability
The provisions of this Part shall apply to all sources located in
Cook, DuPage,
Kane,
Lake, McHenry,~or Will Counties,
or Aux Sable
Township or Goose Lake Township in Grundy County,
or Oswego
Township in Kendall County.
134—172
7
a)
The provisions of this Part shall become effective on
July
1,
1991 with the following exceptions:
1)
The provisions
of this Part shall become effective
on September
1,
1991 for each appellant,
including
the constituents represented by appellants who are
associations, who has appealed the federal
implementation plan
(FIP)
for the Chicago area
(Illinois Regulatory’Group v. USEPA,
No. 90-2778
(and consolidated cases)
(7th dr.)).
2)
The effectiveness of any provision of this Part
applicable to any individual source or category of
sources which has appealed the FIP shall be stayed
to the extent that such individual source or
category of sources received a stay of the
effectiveness of the FIP from USEPA or from a
court.
When the court has taken final action or
when USEPA has published
in the Federal Register
final action to revise or affirm the provisions
of
the FIP specifically applicable to such individual
source or category of sources or such stay is
terminated,
the Board shall take corresponding
action,
if necessary,
by the adoption of a
peremptory rule pursuant to
35 Ill.
Adm.
Code
102.347 and Section 5.03
of the Administrative
Procedure Act
(Ill.
Rev.
Stat.
1989,
ch.
127,
ch.
1005.03)
,~j
The provisions
of this Part shall become effective
on November
15,
1992 for all sources located
in
Aux Sable Township or Goose Lake Township in
Grundy County,
or in Oswego Township in Kendall
County.
b)
The provisions of the Part shall not apply to Viskase
Corporation; Allsteel, Incorporated; Stepan Company; or
Ford Motor Company to the extent such source has
obtained an adjusted standard from the Board or an
exclusion from the General Assembly for any Subpart of
this Part or of
35 Ill. Adm.
Code 215.
(Source:
Amended at
____
Ill. Peg.
_________,
effective
Section 218.106
Compliance Dates
~j
Compliance with the requirements of this Part
is
required by July
1, l991~or September
1,
1991,
for all
sources located
in Cook, DuPage,
Kane,
Lake,
McHenry,
or Will Counties,
consistent with the appropriate
provisions of Section 218.103.
134—173
8
~j
Compliance with the requirements of this Part is
required by November 15,
1993,
for all sources located
in Aux Sable Township or Goose Lake Township in Grundy
County,
or in Oswego Township
in Kendall County.
(Source:
Amended at
____
Ill. Peg.
,
effective
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board,
hereby cert4flt that the abpye opinion and order was
adopted on the
‘~it4
day of
(,~/z,~~_-7t~-C
,
1992,
by a vote
of
~7-~
.
Illinois
Control Board
134—174