ILLINOIS POLLUTION CONTROL
BOARD
January 6,
1994
IN
THE
MATTER
OF:
)
)
CONTINGENCY
MEASURES
FOR
)
PM1O EMISSIONS:
AMENDMENTS
)
R93—30
TO 35 ILL. ADM. CODE
)
(Rulemaking)
PARTS 106
AND
212
)
Pronosed Rule~
First Notice.
OPINION
AND
ORDER
OF
THE
BOARD
(by J.
Theodore
Meyer):
On December 30, 1993,
the Illinois Environmental Protection
Agency (Agency) filed this proposal for rulemaking.
The proposal
represents one part of
Illinois’
submittal of a complete state
implementation
plan
(SIP).
Pursuant to Section 182(a) of the
Clean Air Act,
as amended in 1990, Illinois was to adopt and
submit its plan by November 15,
1992.
The proposal contains
rules which would establish contingency
measures
to provide for
additional reductions of PM1O emissions for specific areas in the
event
that
the
United
States
Environmental
Protection
Agency
finds
a
failure
to
attain
the
standard
for PM1O.
The proposed
rules
would
effect
sources
located in areas defined as moderate
nonattainiunet
areas
for
P1410:
McCook and Lake Calumet Townships
in
Cook
County,
Granite
City
in
Madison
County,
and
a
portion
of
Oglesby
Township,
LaSalle
County.
(See
35
Ill.
Adin.
Code
212.324(a)
(1)
and
212
•
423(a).)
The
proposal
seeks
to
amend
35
Ill.
Adin.
Code
106
and
212.
This
proposal
was
filed
pursuant
to
Section
28.5
of
the
Environmental
Protection
Act
(Act).
(415
ILCS
5/28.5
(1992).)
That
section
requires
the
Board
to
proceed
with
rulemaking
under
set
time-frames.
The
Board
has
no
discretion
to
adjust
these
time
frames
under
any
circumstances.
Today
the
Board
acts
to
send
this
proposal
to
first
notice
under
the
Illinois
Administrative
Procedure
Act,
but
without
commenting
on
the
merits
of
the
proposal.
The
following
schedule
indicates
the
deadlines
by
which
the
Board
must
act,
as
provided
in
Section
28.5:
first notice
on or before January 13,
1994
first
hearing
on
or
before
February
23,
1994
second hearing
no later than 30 days
after
the start of the first hearing
third hearing
no later than 14 days after
the start of the second
hearing
second notice
(if
third
hearing
cancelled)
on
or
before
May
9,
1994
2
(if third hearing held)
on or before May 29,
1994
final
adoption
and
filing
21 days after receipt of
JCAR
certificate
of
no
objection
The Board notes that the above dates are the deadlines as
established by Section 28.5 and do not represent actual hearing
dates or filing dates.
While the schedule includes second and
third hearings, these hearings may be cancelled if unnecessary.
The Board will proceed in this matter as prescribed in Section
28.5 and discussed in the Board’s resolution.
(~jg
Clean Air
Ac.
Rulemaking Procedures Pursuant to section 28.5 of the
Environmental Protection Act, as Added By P.A. 87-1213,
(Octobe.
29,
1992 and December 3,
1992),
RES
92—2.)
The
Agency has filed a motion for waiver of requirements
with the proposal.
The Agency requ~stswaiver of the following
requirements:
that the Agency submit the original and nine
copies of the entire regulatory proposal; that the Agency submit
a copy of the proposal to the Attorney General and the Department
of
Energy
and
Natural Resources (ENR); and that the Agency submit
copies
of
all
documents
upon
which
it
relied.
The
Agency
asks
that
it
be
permitted
to
file
an
original
plus
five
complete
copies
of
the
proposal
and
four
partial
copies.
A partial
copy
includes
the
pleadings
and
the
proposed
rules,
but
does
not
include
the
supporting
exhibits.
The
Attorney
General
and
ENR
have agreed with the Agency that
a
copy
of
the
proposal
need
not
be served upon them.
The Agency had provided the Board with one
copy
of
the
majority
of
the
documents
on which it relied, and
notes
that
the
other
documents
are
readily
accessible or already
in
the
Board’s
possession.
The
Board
grants
the
Agency’s
motion.
ORDER
The
Board
directs
the
Clerk
to
cause
publication
of
the
following
amendments
in
the
Illinois
Register
for
first
notice:
TITLE 35:
ENVIRONMENTAL
PROTECTION
SUBTITLE
A:
GENERAL
PROVISIONS
CHAPTER
I:
POLLUTION
CONTROL
BOARD
PART
106
HEARINGS
PURSUANT
TO
SPECIFIC
RULES
SUBPART
A:
HEATED
EFFLUENT
DEMONSTRATIONS
Section
106.101
Petition
106.102
Requirements for Petition
106.103
Parties
106
•
104
Recommendation
106.105
Notice and Hearing
3
106.106
106.107
Section
106.201
106.202
106.203
106.204
Section
106.301
106.302
106. 303
106. 304
106.305
106. 306
Section
106.401
106.402
106.403
106. 404
106.405
106. 406
106.407
106.408
106.410
106.411
106. 412
106. 413
106. 414
106.415
106. 416
Transcripts
Opinion and Order
SUBPART B:
ARTIFICIAL COOLING
LAKE
DEMONSTRATIONS
Petition
Notice and Hearing
Transcripts
Effective Date
SUBPART C:
SULFUR DIOXIDE DEMONSTRATIONS
Petition
Requirements for Petition
Parties
Recommendation
Notice and Hearing
Transcripts
SUBPART D:
RCRA ADJUSTED STANDARD
PROCEDURES
Petition (Repealed)
Notice of Petition
(Repealed)
Recommendation (Repealed)
Response (Repealed)
Public Comment (Repealed)
Public Hearings (Repealed)
Decision (Repealed)
Appeal
(Repealed)
Scope and Applicability
Joint or Single Petition
Request to Agency to Join as Co-Petitioner
Contents of Petition
Response and Reply
Notice and Conduct of Hearing
Opinions and Orders
SUBPART E:
AIR ADJUSTED STANDARD PROCEDURES
Scope and Applicability
Joint or Single Petition
Request to Agency to Join As Co-Petitioner
Contents of Petition
Response and Reply
Notice and Conduct of Hearing
Opinions and Orders
Section
106.501
106. 502
106. 503
106.504
106. 505
106.506
106.507
SUBPART
F:
WATER
WELL
SETBACK
EXCEPTION
PROCEDURES
4
Applicability
Definitions
Joint
or
Single
Petition
Request
to
Agency
to
Join
As
Co-Petitioner
Petition
Contents
Petition Verification
Federal
Procedural
Requirements
Incorporated Material
Motions
Service of Filings
Petition
Notice
Proof
of
Petition
Notice
Request
for
Public
Hearing
Agency
Response
Amended Petition and Amended Response
Hearing Scheduled
Hearing Notice
Pre-Hearing Submission of Testimony and Exhibits
Discovery
Admissible Evidence
Order of Hearing
Post—hearing Comments
Burden of Proof
Board Deliberations
Dismissal of Petition
Board Decision
Opinion and Order
Appeal of Board Decisions
Publication of Adjusted Standards
Effect of Filing a Petition
SUBPART J:
CULPABILITY DETERMINATIONS
Section
106. 930
A~Plicability
106.931
Petition
106.932
ResDonse and Re~1v
106.933
Notice and Hearing
106.934
__________________
Scope
and
Applicability
Contents
of
Petition
Response and Reply
Notice and Conduct of Hearing
Opinions
and
Orders
SUBPART
G:
ADJUSTED
STANDARDS
Section
106.
601
106.602
106.
603
106.
604
106.605
Section
106.701
106.702
106.703
106.704
106.705
106.706
106. 707
106.708
106.709
106.710
106.711
106.
7 12
106.713
106
•
714
106.715
106.801
106. 802
106.803
106. 804
106.805
106.806
106. 807
106.808
106.901
106. 902
106.903
106 .904
106.905
106.
906
106.907
Opinion and Order
Appendix A:
Old Rule Numbers Referenced
5
AUTHORITY:
Implementing
Sections
5,
14.2(c),
22.4,
27,
28~.e~d
28.1.
28.5
and
39.5
and
authorized
by
Section~
26
and
39.5
of
the
Environmental Protection Act,
(415
ILCS
5/5,
14.2(c),
22.4,
27,
28,
28.1,
28.5,
26
and
39.5.
SOURCE:
Filed
with
Secretary
of
State
January
1,
1978;
amended
at 4 Ill. Reg.
2, p.
186, effective December 27, 1979; codified
at 6 Ill. Reg.
8357; amended in R85—22 at 10 Ill. Reg. 992,
effective February 2,
1986; amended in R86—46 at 11 Ill. Reg.
13457, effective August
4,
1987; amended in R82—1 at 12 Ill. Reg.
12484,
effective
July
13,
1988; amended in R88—10 at 12 Ill. Reg.
3.2817,
effective
July
21,
1988; amended in R88—5(A) at 13 Ill.
Reg. 12094, effective July 10, 1989; amended in R88—5(B) at 14
Ill. Reg. 9442, effective June 5, 1990; amended in R93—30 at 18
Ill. Reg.
_________,
effective
_______________
NOTE:
Capitalization
denotes
statutory
language.
SUBPART
J:
CULPABILITY
DETERMINATIONS
Section
106.930
Applicability
The provisions
pf
this
Subpart
shall
a~~lyto
any
proceeding
initiated by an owner or operator of a source
pursuant
to
a
finding of culpability by the Aaencv under 35 Ill. Adm. Code
212.702 and 212.705
(Source:
Added
at
18
Ill.
Reg.
_____,
effective
____________)
Section
3.06.931
Petition
~j
A proceeding brouaht under this Subpart shall be
commenced by the owner or operator of a source by
serving a petition upon the A~encvand filing 10 conies
with the Clerk of the Board.
~
A petition filed pursuant to this Subpart shall include
a detailed descrj~tionof and lustification for the
source’s assertion that a finding of cul~abilitvby the
Agency under 35
Ill. Adm. Code 212.705 is improper or
incorrect.
(Source:
Added at 18 Ill.
Reg.
_____,
effective
_____________)
Section 106.932
Response and Re~lv
~j
The Aaencv mayjile a response to a petition a~~ea1in~g
a determination of culpability within 21 days after
service of the Petition.
~j
The petitioner may file
a reply within
7 days after the
filing of any response by the Agency.
6
(Source:
Added
at
18
Ill.
Reg.
_____,
effective
____________)
Section
106.933
Notice
and
Hearing
~
The
Clerk
of
the
Board
shall
aive notice of the
petition
and
any
hearing
in
accordance
with
35
Ill.
Adm. Code 103.
The proceeding shall be conducted in
accordance
with
35
Ill.
Ada.
Code
103.
~j
The
burden
ot
proof
in
such proceedinas shall be
on~t.
petitioner.
(Source:
Added
at
18
Ill.
Reg.
_____,
effective
Section 106.934
Opinion
and
Order
)
The Board shall
issue a written opinion and order within 120 days
after the filing of the petition that Bets forth the-Board’s
ti~r~
i ~
an&supportjng
rationale.
(Source:
Section
212.100
212.107
212 .108
212.
109
212.110
212 .111
212.112
212.113
Section
212.121
212.122
212 .123
212.124
212.125
212.126
Added at 18 Ill. Reg.
_____,
effective
____
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE B:
AIR POLLUTION
CHAPTER
I:
POLLUTION
CONTROL
BOARD
SUBCHAPTER c:
EMISSION
STANDARDS
AND
LIMITATIONS FOR STATIONARY SOURCES
PART
212
VISIBLE
AND
PARTICULATE
MATTER
EMISSIONS
SUBPART
A:
GENERAL
Scope
and
Organization
Measurement Method for Visible Emissions
Measurement Methods for PM-la Emissions
Measurement
Methods for Opacity
Measurement
Methods
for
Particulate
Matter
Abbreviations and Units
Definitions
Incorporations by Reference
SUBPART
B:
VISIBLE EMISSIONS
Opacity Standards
Limitations for Certain New Sources
Limitations for All Other Sources
Exceptions
Determination of Violations
Adjusted Opacity Standards Procedures
)
7
SUBPART D:
PARTICULATE
MATTER
EMISSIONS
FROM
INCINERATORS
Section
212.181
212.182
212.183
212.184
212.185
Section
212.201
212.202
212.203
212.2 04
212.205
212.206
212.2 07
212.208
212.209
212.210
Section
212
.
301
212.302
212.304
212.305
212.306
212.307
212.308
212.309
212.310
212.312
212. 313
212. 314
212.315
212
.
316
Limitations
for
Incinerators
Aqueous Waste Incinerators
Certain Wood Waste Incinerators
Explosive Waste Incinerators
Continuous Automatic Stoking Animal Pathological Waste
Incinerators
SUBPART E:
PARTICULATE MATTER EMISSIONS
FROM
FUEL
COMBUSTION
EMISSION
SOURCES
Existing
Sources Using Solid Fuel Exclusively Located
in the Chicago
Area
Existing
Sources
Using
Solid
Fuel
Exclusively
Located
Outside
the
Chicago
Area
Existing Controlled Sources Using Solid Fuel
Exclusively
New
Sources
Using
Solid
Fuel
Exclusively
Existing
Coal-fired
Industrial
Boilers
Equipped
with
Flue
Gas
Desulfurization
Systems
Sources Using Liquid Fuel Exclusively
Sources Using More Than One
Type
of Fuel
Aggregation of Existing Sources
Village of Winnetka Generating Station
Emissions Limitations For Certain Fuel Combustion
Emission Sources Located in the Vicinity of Granite
City
SUBPART K:
FUGITIVE PARTICULATE
MATTER
Fugitive Particulate Matter
Geographical Areas of Application
Storage Piles
Conveyor Loading Operations
Traffic Areas
Materials Collected by Pollution Control Equipment
Spraying or Choke-Feeding Required
Operating Program
Minimum Operating Program
Amendment to Operating Program
Emission Standard for Particulate Collection Equipment
Exception for Excess Wind Speed
Covering for Vehicles
Emission Limitations for Sources in Certain Areas
SUBPART
L:
PARTICULATE
MATTER
EMISSIONS
FROM PROCESS EMISSION SOURCES
8
New
Process
Sources
Existing Process Sources
Stock Piles
Process Emission Sources in Certain Areas
SUBPART
N:
FOOD MANUFACTURING
Corn Wet Milling Processes
Sources
in
Certain
Areas
SUBPART
0:
PETROLEUM
REFINING,
PETROCHEMICAL
AND
CHEMICAL
MANUFACTURING
Section
212.38.
Catalyst Regenerators of Fluidized Catalytic Converters
Section
212.421
212.422
212.423
SUBPART
Q:
STONE,
CLAY,
GLASS
AND
CONCRETE
MANUFACTURING
New
Portland
Cement
Processes
Portland Cement Manufacturing Processes
Emission Limits for the Portland Cement Manufacturing
Plant
Located
in
LaSalle
County,
South
of
the
Illinois
River
212.424
Fugitive Particulate Matter Control for the Portland
Cement
Manufacturing
Plant
and
Associated
Quarry
Operations
Located
in
LaSalle
County,
South
of
the
Illinois River
212.425
Sources
in
Certain
Areas
SUBPART
R:
PRIMARY
AND
FABRICATED
METAL
PRODUCTS
AND
MACHINERY
MANUFACTURE
Steel
Manufacturing
Processes
Beehive
Coke
Ovens
Coke Plants
Sinter Processes
Blast Furnace Cast Houses
Basic Oxygen Furnaces
Hot Metal Desulfurization Not Located in the BOF
Electric
Arc
Furnaces
Argon-oxygen Decarburization Vessels
Liquid Steel Charging
Hot Scarfing Machines
Measurement Methods
Highlines on Steel Mills
Certain Small Foundries
Certain Small Iron—melting Air Furnaces
Section
212.321
212.322
212.323
212.324
Section
212.361
212.362
Section
212.441
212.442
212.44 3
212.444
212
•
445
212.446
212.447
212.448
212.449
212.450
212.451
212.452
212.455
212.456
212.457
9
212.458
Sources in Certain Areas
SUBPART
5:
AGRICULTURE
Section
212.461
Grain Handling and Drying in General
212.462
Grain Handling Operations
212.463
Grain
Drying
Operations
212.464
Sources
in
Certain
Areas
SUBPART T:
CONSTRUCTION AND WOOD PRODUCTS
Section
212.681
Grinding, Woodworking, Sandblasting and Shotblasting
SUBPART U:
ADDITIONAL CONTROL MEASURES
Section
212.700
Applicability
212.701
Contingency Measure Plans. Submittal and Compliance
Date
212.702
D~etermination of
Contributing
Sources
212.703
Contingency Measure Plan Elements
212.704
Implementation
212.705
Alternative Implementation
212.Appendix
A
Rule
into
Section
Table
212.Appendix B
Section into Rule Table
212.Appendix C
Past Compliance Dates
212.Illustration
A:
Allowable
Emissions
from
Solid
Fuel
Combustion
Emission
Sources
Outside
Chicago
212.Illustration
B:
Limitations
for
all
New
Process
Emission
Sources
2l2.Illustration
C:
Limitations
for
all
Existing
Process
Emission
Sources
212.Illustration
D: McCook Vicinity Map
212.IllustratiOn E: Lake Caluinet Vicinity Map
212.Illustration
F:
Granite
City
Vicinity
Map
AUTHORITY:
Implementing
Section
10
and
authorized
by
Section
27
and
28.5
of
the
Environmental
Protection
Act
(415
ILCS
5/10,27
and
28.5).
SOURCE:
Adopted
as
Chapter
2:
Air
Pollution,
Rules
202
and
203:
Visual and Particulate Emission Standards and Limitations,
R71-23,
4
PCB
191,
filed
and
effective
April
14,
1972;
amended
in
R77—15,
32
PCB
403,
at
3
Ill.
Reg.
5,
p.
798,
effective
February
3,
1979;
amended
in
R78—10,
35
PCB
347,
at
3
Ill.
Reg.
39,
p.
184, effective September 28,
1979;
amended in R78—11,
35 PCB 505,
at
3
Ill. Reg.
45,
p.
100, effective October 26,
1979; amended in
R78—9,
38
PCB
411,
at
4
Ill.
Reg.
24,
p.
514,
effective
June
4,
10
1980;
amended
in
R79—11,
43
PCB
481,
at
5
Ill.
Reg.
11590,
effective October 19,
1981; codified at
7
Ill.
Reg. 13591;
amended
in
R82-1
(Docket-A),
10
Ill.
Reg.
12637,
effective
July
9,
1986;
amended
in
R85—33
at
10
Il..
Reg.
18030,
effective
October 7,
1986; amended in R84—48 at 11 Ill. Reg. 691, effective
December 18, 1986;
amended in R84-42 at 11 Ill. Reg.
1410,
effective December 30,
1986; amended in R82-1
(Docket B) at 12
Ill. Reg.
12492, effective July 13,
1988; amended in R91—6 at 15
Ill. Reg.
15708, effective October 4,
1991; amended in R89—7(B)
at 15 Ill. Reg. 17710,
effective
November
26,
1991; amended in
R91—22 at 16 Ill. Reg.
7880, effective May 11,
1992; amended in
R9l—35
at
16
Ill.
Reg.
8204,
effective
May
15,
1992;
amended
in
R93—30 at 18 Ill. Reg.
_______,
effective
________________
PART
212
VISIBLE
AND
PARTICULATE
MATTER
MEASURES
SUBPART
A:
GENERAL
Section 212.113
Incorporations by Reference
The following materials are incorporated by reference.
These
incorporations
do
not
include
any
later
amendments
or
editions.
a)
Ringelmann
Chart,
Information
Circular
833
(Revision of
IC7718),
Bureau
of
Mines,
U.S.
Department
of
Interior,
May
1,
1967.
b)
40
CFR
60,
Appendix
A
(1991):
1)
Method 1:
Sample and Velocity Traverses for
Stationary
Sources;
2)
Method
1A:
Sample
and
Velocity
Traverses
for
Stationary Sources with Small Stacks or Ducts;
3)
Method 2:
Determination of Stack Gas Velocity and
Volumetric Flow Rate
(Type
S pitot tube);
4)
Method 2A:
Direct Measurement of Gas Volume
Through Pipes and Small Ducts;
5)
Method 2C:
Determination of Stack Gas Velocity
and Volumetric Flow Rate in Small Stacks or Ducts
(Standard Pitot Tube)
6)
Method 2D:
Measurement of Gas Volumetric Flow
Rates in Small Pipes and Ducts;
7)
Method
3:
Gas Analysis for Carbon Dioxide,
Oxygen, Excess Air, and Dry Molecular Weight;
11
8)
Method 4:
Determination of Moisture Content in
Stack
Gases;
9)
Method
5:
Determination of Particulate Emissions
From Stationary Sources;
10)
Method 5A:
Determination of Particulate Emissions
From the Asphalt Processing and Asphalt Roofing
Industry;
11)
Method
SD:
Determination
of Particulate Matter
Emissions From Positive Pressure Fabric Filters;
12)
Method 5E:
Determination of Particulate Emissions
From
the
Wool
Fiberglass
Insulation
Manufacturing
Industry;
13)
Method
9:
Visual
Determination
of
the
Opacity
of
Emissions
from
Stationary
Sources;
14)
Method 22:
Visual Determination of Fugitive
Emissions
from
Material
Sources
and
Smoke
Emissions
from
Flares.
C)
40 CFR 51 Appendix M (1990):
1)
Method 201:
Determination of PM-b
Emissions;
2)
Method
201A:
Determination
of
P14-10
Emissions
(Constant
Sampling
Rate
Procedures)
d)
40
CFR
60.672(b),
(C),
(d) and
(e)
(1991).
e)
40 CFR 60.675(c) and
(d)
(1991).
f)
ASAE
Standard
248.2,
Section
9,
Basis
for
Stating
Drying Capacity of Batch and Continuous-Flow Grain
Dryers, American Society of Agricultural Engineers,
2950 Niles Road,
St. Joseph, MI 49085.
g)
U.S. Sieve Series, ASTM—E11, American Society of
Testing Materials,
1916 Race Street, Philadelphia, PA
19103.
h)
55 Fed. Reg.
41546,
(October 12,
1990), Method 202:
Determination of Condensible Particulate Emissions from
Stationary Sources.
i)
Standard
Methods
for
the
Examination
of
Water
and
Wastewater,
Section 209C,
“Total Filtrable Residue
Dried
at
103
—
105°C,”15th Edition, 1980, American
Public Health Association 1015 Fifteenth Street,
N.W.,
12
Washington, D.C.
20005.
ii
“Guideline on the Identification and Use of Air Quality
Data Affected bY Exceptional Events.” U.S.
Environmental Protection Agency. Office of Air and
Radiation.
Office
of
Air
Quality
Planning
and
Standards
Monitoring
and
Data
Analysis
Division.
Research
Triangle Park. N.C. 27711. EPA—450/4—86.007 July 1986.
çJ.
“Guideline on Air quality Models (Revised~”:U.S.
Environmental
Protection kaencv. Office of Air
Quality
Planning and Standards. Research Triangle Park. N.C.
27711. EPA—450/2—78—027R July 1986.
.~J..
40
CFR
50. Appendix K (1992L
“Interpretation of the
National
Ambient
Air
Quality
Standard
for
Particulate
Matter”.
(Source:
Amended at 18 Ill. Reg.
_____,
effective
____________)
SUBPART
U:
ADDITIONAL
CONTROL
MEASURES
Section 212.700
Applicability
.~I
This Subpart shall ao~lyto those sources in the areas
designated
in
and
subject
to
Sections
2.2.324(a~(1~
or
212.423(a)
and
that
have
actual
annual
source—wide
emissions of P14-10 of at least fifteen
(15) tons per
year.
A source’s actual annual source—wide emissions of P14—10
shall
be
the
total
of
its
fugitive
emissions
and
its
emissions from process emission units and fuel
combustion
emission
units
and
ps
set
forth
in
the
source’s
Annual
Emissions
Report
submitted
pursuant
to
35 Ill.
Ada. Code 254.
(Source:
Added at 18
Ill. Reg
effective
____________)
Section 212.701
Contingency Measure Plans.
Submittal and
Compliance
Date
flj..
Those sources subject to this Subpart shall prepare
contingency measure plans reflecting the P14-10 emission
reductions set forth in Section 212.703 of this
Subpart.
These
plans
shall
become
federally
enforceable
permit
conditions.
Such ~1ans shall be
submitted to the Agency by November 15.
1994.
Notwithstanding
the
foregoing,
sources
that
become
subject
to
the
provisions
of
this
Subpart
after
July
1.
1994,
shall
submit
a
contingency
measure
plan
to
the
Agency for review and approval within ninety
(90) days
13
pfter the date such source or sources became sublectto
the provisions of this Subpart.
The Agency shall
notify those sources reguirina contingency measure
plans. based on the Agency’s current information:
however, the Agency’s failure to notify any source of
~.tsreauirement to submit contingen~measure ~1ans
shall not be a defense to a violation of this Subpart
and shall not relieve the source of its obligation to
timely submit a contingency measure plan.
~
If the A~encvdisa~~roves
the initial submittal of a
contingency measure clan or a source fails to revIse_a
plan so that it is a~~rovable.the Aaencv shall so
notify the source in writing and
the
source may treat
such notice as a permit denial.
~çj
Sources havina o~erationa1chanaes sublect to Sections
212.304.
212.305. 212.306. 212.308. 212.316(a) throuah
(e). 212.424 or 212.464 which require either a new
permit or a revision to an existina permit,
shall.
within 30 days of such changes, submit a reauest to
modify its
permit
in order to include a new.
appropriate
contingency
measure
plan.
Such
new
plan
shall be subject to the requirements of this Subpart.
~
A source may. consistent with the reauirements of this
Subpart and any applicable oermittina reauirements.
propose revisions to its continaency measure elan.
(Source:
Added
at
18
Ill.
Reg.
_____,
effective
____________)
Section 212.702
Determination of Contributing Sources
~
If the review of monitoring data reveals an exceedence
of
the
24-hour
ambient
air
quality
standard
for
P14-10
found at 35
Ii..
Ada. Code 243.120. the Agency shall
attempt to determine the source or sources causina or
contributing to the exceedence.
~j
In determining whether a source has caused
or
contributed to an exceedence of
the
24—hour ambient air
auality
standard
for
P14-10.
the
Aaency
may
take
whatever steps as are necessary to determine which
source or sources are cu1~ablefor the exceedence.
including,
but
not
limited
to:
.31
Evaluating
whether
the exceedence can be
classified as an “exceptional event” ~ursuant to
the “Guideline on the Identification and Use of
Air quality Data Affected by Exceptional Events,”
incorporated by reference in Section 212.113 of
this
Part
14
~j.. Reviewing operating records of the source or
sources identified oursuant to subsections
(b)L31
and
(bI (41 below to determine whether any source
or sources so identified exoerienced a malfunctiQn
or breakdown or violated any term or condition of
its operating permit which contributed to the
exceedence;
.3j
Evaluating the monitoring eauipment filter
evidencing the exceedence to determine the tvoes
of sources that contributed to the exceedence:
ar
j)
Evaluating
meteorological
data and conductina
dispersion
analyses
oursuant
to
the
“Guideline
on
Air Quality Models (Revised).” incorporated by
reference in Section 22.2.113 of this Part. to
determine which source or sources caused or
contributed
to
the
exceedence.
çj..
If the Agency determines that the exceedence can be
classified
as
an
exceptional
event,
the
Aaencv
shall
make
a
written
request
to USEPA to void the exceedence.
If the exceedence has been caused by an “exceptional
event,”
the
Aaencv
shall
make
no
reauests
upon
any
source for Level I or Level II controls oursuant to
Section 212.704(a) or
(bI of this Subpart until such
time as TJSEPA has denied the Agency’s reauest to void
the exceedence or until an additional exceedence of the
24-hour ambient air aualitv standard which is not due
to an exceptional event, as determined by the AgencY
has been monitored for the same area.
~j
If the Agency determines that the exceedence was due to
a malfunction or breakdown or violation of any term or
condition of a source’s operating permit. the Aaencv
shall contact such source and may oursue appropriate
action under 35 Ill.
Ada. Code 103.
(Source:
Added at 18 Ill. Reg.
_______,
effective
____________)
Section 212.703
Contingency Measure Plan Elements
~
All sources subject to this Subpart shall submit
a
~ontinaency measure plan.
The contingency measure .Dlan
shall
contain two levels of control measures:
.31
Level
I measures are measures that will reduce
total source-wide fugitive emissions of 214-10
subject to control under Sections 212.304.
212.305,
212.306.
23.2.308..
212.316(a) throuah
(e).
p12.424 or 212.464 by at least 15.
15
~j
Level II measures are measures that will reduce
total source-wide fugitive emissions of PM-i.G
subiect to control under Sections 212.304,
212.305.
212.306. 212.308. 212.316(a)
throuah
(eL
212.424 or 212.464 by at least 25.
~
A source may elect to demonstrate comoliance with this
Subpart by
submitting
an alternative control olan which
has been approved by the Aaency and USEPA as federally
enforceable permit conditions.
If a source elects to
include controls on orocess emission units. fuel
combustion emission units. or other fuaitive emissions
of P14-10 not subject to Sections 212.304. 212.305.
212.306.
212.308. 212.316(a) throuah
(el. 212.424 or
212.464 at the source in its alternative control plan.
the olan must include a reasonable schedule for
implementation of such controls, not to exceed two
(2)
y~ears. This implementation schedule is sublect to
Agency review and approval.
(Source:
Added at 18 Ill. Reg.
_____,
effective
__________)
Section 212.704
Implementation
~
Folbowina any exceedence of the 24—hour ambient air
quality standard for P14-10. the Aaency shall notify the
source or sources the AgencY has identified as likely
to be causing or contributing to an exceedence detected
by monitoring.
Within ninety
(90) dave of receipt of
such notification, each source so notified may
implement Level I or Level II measures, as determined
pursuant to subsection
(dl (1)
below.
~
If
there
is a violation of the ambient air quality
standard
for
P14-10
as
determined
in
accordance
with
40
CFR Part 50.
Appendix
K. incorporated by reference in
Section 212.113 of this Part,
the Agency shall notify
the source or sources the Agency has identified as
likely to be causing or contributing to one or more of
the exceedences leading to such violation,, and such
source or sources shall implement Level I or Level II
measures,
as determined pursuant to subsection
(d)(2)
below.__The source or sources so identified shall
implement such measures correspondina to fugitive
emissions within ninety
(901 days of receipt of such
notification and shall im~1ementsuch measures
corresponding to any nonfugitive emissions accordino to
the a~~rovedschedule set forth in such source’s
alternative control plan.
Any source identified as
causing or contributing to a violation of the ambient
air auality standard for P14-10 may appeal any finding
of culpability by the Aaencv to the Board oursuant to
16
Subpart J of 35 Ill Adm. Code 106.
çj~.
UPon the finding of a failure to attain by the
Administrator of USEPA. the Agency shall notify all
sources
in the a~~licable
area reauired to submit
contingency measure olans pursuant to Section 212.700
of this Subpart of such finding by the Administrator.
All such sources sublect to this Suboart shall. within
ninety
(90) dave of receiot of such notification.
implement any Level II measures corresoonding to
fugitive emissions sublect to control under Sections
212.304,
212.305. 212.306.
212.308.
212.316(a) through
Le). 212.424 or 212.464 and shall implement any Level
II measures corresponding to any nonfuaitive emissions
of P14-10 according to the aooroved schedule set forth
in such source’s alternative control plan. unless such
correspondina Level II controls have been previously
implemented
by
such
source
or
sources
oursuant
to
subsection
(a) or
(bI
above.
~j
The Aaencv shall request Level
I or Level II measures
pursuant to subsection
(a)
above as follows:
jJ..
Level
I measures shall be reauested when the
magnitude of the monitored exceedence at a given
air guality monitor is less than or equal to 170
ug/rn~.
21
Level II measures shall be reauested when the
magnitude of the.monitored exceedence at a given
air quality monitor exceeds 170
ug/m3.
~j
The Aaencv shall require Level
I or Level II
measures
pursuant to subsection
(bI
above as follows:
fl.
Level
I measures shall be reauired when the
design
value of a violation of the 24-hour ambient air
auality standard, as computed oursuant to 40 CFR
50._Appendix K. incorporated by reference in
Section 212.113
0f
this Part,
is less than or
equal to 170
uglm.
ZL
Level II measures shall be reauired when the
design value of a violation of the 24-hour ambient
air quality standard.
as computed pursuant to
4.Q
CFR 50, Appendix K. incorporated by reference in
Section 212.113 of this Part. exceeds 170
ug/m3.
(Source:
Added at 18 Ill. Reg.
_____,
effective
__________)
Section
212.705
Alternative Implementation
17
Should the Aaencv determine that more than one source has caused
or contributed to the imolementation of this Suboart. the Aaencv
may acceot controls from fewer than all of the sources identified
as culoable where areater than the reauired levels of control t~r
all culoable sources are achieved at some of the culoable
sources.
~
For the Purposes of this Section. an “identified
source” is a source determined to be culoable for an
exceedence of the 24—hour ambient air quality standard.
~j
For the ou~osesof this Section. a “participating
source”
is another source that is also identified as
culoable by the Agency for the monitored exceedence.
~j.
For the ourooses of this Section. “equivalent air
auality benefits” shall be determined by conductina one
or_more dispersion analyses in accordance with the
“Guideline
on
Air
Quality Models (revised).”
incoroorated
by
reference
in
Section
212.113
of
this
Part.
~j
An
identified
source
may
elect
to
achieve
comoliance
with the provisions of this Subpart by obtainina
equivalent
air
aualitv
benefits from P14-10 emissions
reductions by
a oarticioatina source as would be
achieved at the identified source. orovided. however.
that the P14-10 emissions reductions to be achieved by
the particloating source under this Section are in
addition to any other obligation it may have under this
Suboart to reduce P14—10 emissions,
gj~
If an identified source elects to rely on this Section
to demonstrate compliance with this Subpart. the
identified source must:
fl
Demonstrate to the Agency that it will achieve
equivalent air auality benefits from P14-10
emission reductions at the particloating source
as
would be achieved from the identified source
subject to this Subpart
21
The PM-b
emissions reductions from the
oarticipatjng source that the identified source is
relying uoon to demonstrate compliance with this
Subpart must be reflected as federally enforceable
permit conditions of the participating source’s
permit
.~j
The participating source implements anY emissions
reductions for fugitive emissions of P14-10 within
ninety
(90) dave after the identified source would
18
have been reauired to imolement Level I or Level
II measures pursuant to this Suboart; and
il
The oarticipatina source submits a reasonable
schedule for imolementation of any pu—io emission
reductions from controls on orocess emission
units. fuel combustion emission units, or other
fugitive emissions of
PM-10
at the participatina
source not subject to control under Sections
212.304.212.305.
212.306. 212.308. 212.316(a~
through
(el. 212.424 or 212.464.
not to exceed
tw..,
(2) years from the date of notification to
the
identified source that Level
.1 or Level II
measures.
as aporooriate.
are required.
(Source:
Added at 18 Ill. Reg.
_____,
effective
___________)
IT IS SO ORDERED.
I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
Board, hereby cer~j~y
that the a
ye opinion and order was
adopted on the
~
‘-?~
day of
________________,
1994, by a vote
of
7-C.
Lborothy
14.
Gun,r(J
Clerk
Illinois Poll~p’ionControl Board
