ILLI~3I3POLLUTION CONTROL 33kRD

January 22,

1987

IN THE MZ~TTEROF:

PROPOSED AMENDMENTS TO PART 211,

)

 R86—34

DEFINITIONS AP?LICBLE TO

NEW MUNICIPAL INCINERATORS

PROPOSED RULE.

 FII3T NDTIC~.

OPINION AND ORDER OF THE BOARD

 (by R.C.

 Flemal):

rhis matter comes before

 the Board

 U?Ofl

 the mandate of

Section 9.4(d)

of

 the Illinois Environmental Protection Act

(“Act”)

and

 an att~n3antr?gulatory proposal filed

by

the

Illinois Environmental Protection Agency (“Agency”)

 on August

7,

1936.

 Merit hearings on

the

 Agency’s oroposal were held

in

Springfield on December

 8, 1986,

and

 in Chicago on December

15,

1935.

B’~CK~ROTJND

Section

9.4

 of the Act

 (Ill.

 Rev.

 Stat. 1935,

ch.

111

 1/2,

oar.

 1009.4)

 was added by P.A.

 84—957 and became effective July

1,

 1935.

 It consists of

 seven subsections,

 9.4(a)

 through

 (g).

In subsection 9.4(a)

 the General Assembly finds that

(1)

air

po~1utionfrom municipal waste incineration may constitute

a

threat

 to public health, welfare and the environment,

 and that

(2)

orooer

 design, operation and maintenance of combustion and

flue—gas control

 systems can substantially reduce

 the emissions

of acid gases, metallic compounds and organic materials from

municipal waste incineration.

Subsection ~.4(b) identifies that “the purpose of this

Section

 is to insure that emissions from new municipal waste

incineration fa:ilities whi’h burn

 a total

of

 25 tons

 or more

of

municipal waste per day are adequately controlled”.

 Subsection

9.4(b) f~rtherspecifies that such new municipal waste

incineration facilites shall be subject

 to emissions limits an9

op?rating stafldards based

 on the aoplication of Best Available

Control Technology (“BACT”),

 as determined by the Agency,

for

four categories of pollutants:

1.

 particulate matter,

 sulfur dioxide and nitrogen

oxides;

2.

 acid gases;

3.

 heavy metals; an~

4.

 organic materials.

75.143

—2—

Subsections 9.4(e)

 and 9.4(f) define

 BACT, municipal waste

incineration and new municipal waste incineration for purooses

of

Section

 9.4.

 Subsection 9.4(g) specifically excludes

 industrial

incineration facilities that burn waste generated

at

tie

 same

Site from the provisions

 of Section 9.4.

Subsection 9.4(d)

 speciEies the roles of the Board and

the

Department of Energy

 and Natural Resources (“Department”)

in

implementing Section 9.4.

 In its entirety,

 9.4(d)

 soecifies

that:

d.

 Within one year after

 the effective date of this

amendatory Act of 1985,

 the Board

 shall adopt

regulations pursuant to Title

 7 of this Act,

which define the

 terms in

 items

 (2),

(3)

and

(4)

of subsection

(b)

 of this Section, which

are

to

be used by the Agency

 in making

 its determination

pursuant to

 this Section.

 The provisions

of

Section 27b of this Act shall not apply to this

rulemaking.

Such regulations shall

 be written

 so that the

categories of pollutants include, but need not be

limited

to,

 the following s~ecificpollutants:

1.

 hydrogen chloride

 in the definition of acid

gases;

2.

 arsenic,

 cad~nium,mercury,

 chromium,

 nickel

and lead

 in the definition of heavy metals;

and

3.

 ~olychlorinated dibenzo—o—dioxins,

 polychiorinated dibenzofurans and polynuclear

aromatic hydrocarbons

 in the definition of

organic materials.

The role of the Boar~is thereby identified at the minimum

as the promulgation of definitions for the terms

 “acid gases”,

“heavy metals”, and “organic materials”,

 as these

 terms are

to

apply

to

 the provisions

 of Section 9.4.

 Moreover, such

definitions are

 to include

as

 a minimum the chemical constituents

specified by 9.4(d) within each of the three categories.

The Board

 notes that the fourth category of pollutants

to

which

 the emission limits and operating standards are

 to be

aoolied according

 to 9.4(b),

 i.e., particulate matter, sulfur

dioxide and nitrogen oxides,

 are excluded

 from this mandate to

promulgate definitions.

The

 term “oarticulate matter”

 is already

defined within

 35 Ill.

 Adm. Code

211

 and this definition

is

apoarently intended

 to aooly to the orovisions of Section

 9.4.

Sulfur dioxide and nitrogen oxides

 are specific chemical species

with conventionally accepted definitions.

75.144

—3—

9.4(d)

 also specifies that the provisions of Section

 27(b)

of the Act shall

 not ao~lyto this rulemaking.

 Section 27(b)

directs

 the Board

 to conduct hearings on the economic impact of

proposed

 regulations,

and

 to receive comments from the public

regarding economic impact studies

 as prepared by the

Deoartment.

 The Board

 interorets the nonapolicability of 27(b)

in the

 instant matter

 to mean that the normal process of economic

impact

 study preparation and review

 are mandated

 to be

inapplicable.

 The Department by letter dated January

6,

 1987,

has concurred in this evaluation.

 Accordingly, no economic

analysis has been or will be undertaken by

 the Department.

PROPOSED DEFINITIDN3

The Agency oroooses th~definition of the three terms

in

question

as

 follows:

Acid Gases:

 for t~iepurposes

of

 Ill. Rev.

 Stat.

1985,

ch.

 111 1/2, par. 1009.4,

 “acid gases”

 shall

be

defined

 as hydrogen chloride, h,~drogenfluoride and

hydrogen bromide, which exist as gases,

 liquid mist,

or

 any combination thereof.

Heavy Metals:

 for the purposes

of

 Ill.

 Rev.

 Stat.

1935,

ch.

lii

 1/2,

oar.

 1009.4,

 “heavy metals” shall

 be defined

 as compounds

 of arsenic, cadmium, mercury,

chromium,

 nickel and lead.

Organic Materials:

for

 the purposes of Ill. Rev.

Stat. 1995,

ch.

 Ill 1/2, par. 1009.4,

 any chemical

compound of carbon including diluents and thinners

which are liquids

 at standard conditions and which

are used as dissolvers, viscosity re~ucersor

cleaning agents,

 and polychlorinated

 dibenzo—o—

dioxins,

 polychiorinated dibenzofurans and

polynuclear

 aromatic hydrocarbons shall

 be considered

to be organic materials.

 Methane,

 carbon monoxide,

carbon 5io’~ide, carbonic acid, metallic carbonic

acid, metallic carbide, metallic carbonates

and

ammonium carbonate shall

 not be considered

 to be

organic materials for

 the purposes of Ill.

 Rev.

 Stat.

1935,

ch.

 lii 1/2, par.

 1009.4.

For the definition of acid gases, the Agency proposes that

the two compounds hydrogen fluoride

 (HF)

 and hydrogen bromide

(HBr)

 be added

 to the legislatively mandated hydrogen chloride

(H~1).

The

 rationale for

 inclusion of

 HF and HBr

 is that these

1 The term “oolychlorinated”,

 as presented

 at this point

 in the

definition,

was

inadvertantly

excluded

from

the

text

the

original

Agency

orooosal.

was

added

hearing

(R.

26).

75.145

—4—

compounds are likely to be produced by municipal

 waste

incineration and both are environmentally harmful.

 Fluorine and

bromine,

 like their chemical relative chlorine, are constituents

of commonly incinerated materials,

 including paoers, plastics,

insulations and pesticides

 (Ex.

5;

Ex.

 12, Tables

1

and

2).

Moreover,

 in the same manner

 that many chlorine compounds produce

HC1 upon combustion, many fluorine and bromine compounds produce

HF and H3r

(R.

 at 8).

The Agency further proooses that the definition of acid

gases include both gaseous and liquid mist

 forms

for

 the purposes

of

 9.4.

 The Agency’s rationale is that:

It

 is expected that at the high temperatures of the

incinerator, any moisture present will

be

 in the

vapor

 state.

 However, there may be subsequent

cooling of the exit gases from the incinerator which

would cause moisture

 to condense.

 In addition,

the

 samoling train contains condensors

 that will cause

the moisture

 to condense.

 Since the acid gases

are

very soluble

 in water,

 any liquid water present would

result

 in an acid mist.

 To correctly determine the

acid gas emissions,

it

 is necessary to consider not

only the gases themselves but also any liquid mist

that has been formed from these

 gases.

R.

at

9.

In

 its proposed definition

 for heavy metals the Agency

includes only those metals soecifically mandated for inclusion by

the General Assembly.

 In the Agency’s judgement there are

no

other

 heavy metals tyolcally found

 in municipal wastes which need

to

 be addressed for the purposes of BACT determinations (Agency

Proposal,

p~

3).

 Moreover, the

 Agency believes that

specification of the

 six mandated metals would

 be sufficient

to

allow control not only

 of the six mandated metals,

but

 of other

metals as well.

 The rationale

 is that any additional metals of

possible environmental concern are unlikely

 to occur

 in municloal

waste other than

 in combination with the six,

 and that the

systems necessary to control the

 six would also effectively

control these additional metals

(R.

 at 27—29).

The proposed definition of organic materials combines the

existing definition of organic materials as presently found

at

35

Ill.

 kdm.

 Code 211.122 with the

 three compounds required for

inclusion by 9.4(d).

 Adoption of this recommendation would

thereby produce

 two definitions of organic materials within

Section 211.122,

 one definition of general applicability and one

d~finitionsoecific

 to the new municipal incinerator provisions

of Section 9.4.

DISCUSSION

Aoolication of BACT to new municipal incinerators lacks most

of the decision elements normally encountered

 in rulemaking

matters before

 the Board,

in

 that all of the major

 elements have

75.146

—5—

been prescribed

 by the General Assembly

 in Section 9.4.

 Thereby,

many

 of the tests

 the Board

 is mandated

 to aooly

 in rulemakings

are not present

 in the instant matter.

In

 fact,

 the only

 issue

before the Board

 is that of the rationale for

 the discretionary

additions proposed by the Agency

to

the

 three definitions

mandated by the General Assembly.

 To the extent that such tests

might be applicable,

 the Board does determine that the Agency’s

prooosed definitions do not raise major

 issues related

 to either

technical feasibility or economic reasonableness.

The Board also determines that the Agency’s proposed

definitions are consistent with Section 9.4 of the Act.

For

these reasons

 the Board

 today oroposes

for

 first notice

oublication the definitions

 as proposed by the Agency, with

nonsubstantive modifications

 as described below.

The modifications consist of alterations

 to the

 form of the

definitions for

 acid gases and heavy metals to conform them more

closely

 to the existing definitions

 of Part 211,

and

specification within the definition of heavy metals of the

“elemental,

 ionic,

 or combined”

 forms of the metals.

 The latter

alteration

 is believed

 to allow the

 Agency

 a broader latitude

in

testing

for

 the existence of the metals than would be the case

if

only the “co~npounds” of the metals were soecified.

For the purposes of First Notice, the Board proposes

unaltered

 the Agency’s

 recommendation of

 including only the six

mandated metals within the definition of heavy metals.

 However,

the Board

 does note that there are other heavy metals which are

known

 or suspe~tedto produce adverse health effects and which

 are known to be sublect

 to emission release uoon combustion.

These include antimony, beryllium, copper, manganese, molybdenum,

selenium,

 tin, vanadium,

 and zinc

 (see Ex.

8).

 The Board would

welcome comment during the First Notice period on the possible

inclusion of these,

or

 other metals,

 within the proposed heavy

metals definition.

75-147

~0~

ORDER

The Board hereby proposes the following amendments for

 first

notice publication.

 The Clerk shall

 cause publication

 of these

proposed amendments

 in the Illinois Register:

TITLE

35:

 ENVIRONMENTAL PROTECTIO~

SUBTITLE

B:

 AIR POLLUTION

CHAPTER

I:

 POLLUTION C0’ITROL BOARD

SUBCHAPTER c:

 EMISSION STANDARDS AND LIMITATIONS

FOR STATIONARY SOURCES

PART

211

DEFINITIONS AND GENERAL PROVISIONS

SUBPART

3:

 DEFI’~ITIO~1S

Section 211.122

 Definitions

“Acid ~ases”: for the ourooses

of

 Ill. Rev.

 Stat.

 1995,

ch.

 111.

1/2,

 par.

 1009.4,

 hydrogen chloride, hydrogen fluoride and

hydrogen bromide, which exist

 as gases, liquid mist,

 or any

combination thereof.

“Heavy Metals”:

for

 the purposes

of

 Ill.

 Rev. Stat.

 1995,

ch.

111

1/2, oar.

 1309.4, elemental,

 ionic,

 or combined forms

 of arsenic,

cadnium, mercury, chromium, nickel

 a-id lead.

“Organic Materials”:

 for the purooses of

 Ill.

 Rev.

 Stat.

 1935,

ch. 111 1/2, oar. 1009.4, any chemical compound

 of carbon

includin~diluents and thinners which are liquids

at

 standard

conditions and which

 are used

 as d~ssolvers,viscosity reducers

or cleaning agents,

 and oolychlorinated dibenzo—o—dioxins,

polychlorinated dibenzofurans and oolynuclear

 aromatic

hydrocarbons shall

 be considered

to

 be organic materials.

Methane, carbon monoxide, carbon dioxide, carbonic acid, metallic

carbonic

 acid, metallic carbide, metallic carbonates and ammonium

carbonate shall

not

 be considered

 to be organic materials

for

the

purooses of

 Ill. Rev.

 Stat.

 1935,

ch.

111

 1/2,

 par.

 1009.4.

Ir

IS

 SD ORDERED.

I, Dorothy M. Gunn,

 Clerk of the Illinois Pollution Control

Board,

 hereby certifythat

 the ,a~DoveOpinion and Order was

adopted

 on the ~

day

of

~

 1937,

by

 a vote

of

(c,~C~’

•

//

-

/),

Dorothy

M.

 Gutin,

 Cler~k

Illinois Pollution Control Board

75-148