ILLINOIS POLLUTION CONTROL BOARD

August 11,

1994

IN THE MATTER OF:

)

CATEGORIES OF INSIGNIFICANT

)

 R94—14

ACTIVITIES OR EMISSION LEVELS AT

)

 (Rule Making)

A CAAPP SOURCE

 (AMENDMENTS TO

)

35 ILL. ADM. CODE 201

AND

211)

)

PROPOSEDRIJLE.

 SECOND NOTICE.

OPINION

AND

ORDER OF THE BOARD

 (by E. Dunham):

Pursuant to Section 502(d)

 of the Clean Air Act (CAA)

as

amended in 1990

 (42 U.S.C.

 S766la(d)),

 Illinois is to submit to

the United States Environmental Protection Agency

 (U.S.

 EPA), no

later than November 15,

 1993,

 a permit program that meets the

requirements of Title V of

CAA

and the federal regulations

promulgated thereunder

 (40 CFR 70).

 Illinois adopted Section

39.5 of the Environmental Protection Act (415 ILCS 5/39.5

 (1992))

to implement the Clean Air Act Permit Program (CAAPP) which meets

the federal requirements.

 Pursuant to Section 39.5(5)(w),

the

Illinois Environmental Protection Agency (Agency)

 is required to

propose regulations to the Board defining insignificant

activities or emission levels no later than March 16,

 1994.

 These regulations must be consistent with the federal

regulations,

 if any, and Section 112(n) (1)

 of the CAA.

 Because

of ongoing negotiations, the Agency submitted this proposal after

the deadline.

 The Board is required to adopt final regulations

within nine months of the filing of the Agency’s proposal.

 (415

ILCS 5/39.5(5)(w)

 (1992).)

On Nay 12,

 1994, the Agency filed this proposal for rule

making pursuant to Section 28.5 of the Environmental Protection

Act

 (Act).

 (415 ILCS 5/28.5

 (1992).)

 Pursuant to the provisions

of that section the Board is required to proceed within the set

timeframes toward the adoption of the regulation.

 The Board has

no discretion to adjust these time frames under any

circumstances.

 Today the Board acts to send this proposal to

second notice under the Illinois Administrative Procedure Act

(APA).

 (5 ILCS 100/1005—40 (1992).)

PROCEDURAL HISTORY

The Board sent this proposal to first notice under the APA

on May 19,

 1994, without commenting on the merits of the

proposal.

 The proposed rule was published in the Illinois

Rec~isteron June

3,

 1994,

at

 18 Ill. Reg. 8331

 (Part 211) and 18

Ill.

 Reg. 8347

 (Part 201).

 A hearing was held on June 28,

 1994,

in Chicago, Illinois before hearing officer Diane O’Neill.

Previously-scheduled second and third hearings were cancelled

 pursuant to Section 28.5(g)

 of the Act because a request for a

second hearing was not received by the Board.

 (415 ILCS 5/28.5(g)

2

(1992).)

 Pursuant to Section 28.5(1), the comment period closed

on July 21,

 1994.

 (415 ILCS 5/28.5(1)

 (1992).)

PROPOSAL

This proposal affects all sources subject to the CAAPP

pursuant to Section 39.5 of the Act, which includes any “major

source” as defined in Section 39.5(2) (c)

 or Section 112 of the

CAA, excluding a source required to have a permit solely because

it is subject to Section 112(r)

 of the CAA, and any affected

source subject to Title IV of the CAA.

This rulemaking amends Parts 201 and 211 to define

insignificant sources or emission levels.

 Emission information

from insignificant activities or emissions may be submitted as a

list within the CAAPP application.

 (415 ILCS 5/39.5(5) (2)

(1992).)

Part 201 contains the general permitting regulations for

sources of air pollution.

 The Agency proposes to amend Part 201

to establish a separate Subpart F to apply only to CAAPP sources.

Amendments to Part 211 are proposed to provide definitions

for terms used in the accompanying proposed amendments in Part

201.

 Definitions for the following terms are proposed:

“emergency or standby unit,” “organic solvent,” “rated heat

capacity,” “stationary gas turbine,” and “stationary

 reciprocating internal combustion engine.”

 Newly used

abbreviations and conversion factors are also proposed to amend

Section 211.102.

PUBLIC COMMENTS

The Board received

 8 public comments in this matter.

Comments were received from the Department of Commerce and

Community Affairs

 (DCCA)

 (PC#

 1), the Administrative Code

Division (Code Division)

 (PC#

 2), Browning-Ferris Industries

(BFI)

 (PC# 3), Society of Plastic Industries

 Inc.’

 (SPI)

 (PC #4)

Illinois Environmental Regulatory Group

 (IERG)

 (PC#

 5), American

Automobile Manufacturers Association

 (AAMA)

 (PC#

 6) and the

Agency

 (PC# 7,

 8 and 9).

The Board has considered all public comments,

 as well as all

testimony and exhibits,

 in making

 its decisions in this matter.

1

 The comment from SPI was received by the Board via

telefax and copies of the comment were not served on the Agency

or other parties on the service list.

 While the Board will

consider the comment from SPI, the filing of this comment does

not satisfy the Board’s procedural rules.

 (See 35

 Ill. Adm. Code

101.102 and 102.320.)

3

In general,

 there is no disagreement on the part of the

participants and commenters on the substance of the proposal.

The comment from DCCA states that DCCA has reviewed the

proposal for impact on small businesses.

 DCCA defers to the

findings of the Board based on hearing and public comment.

The

Code Division suggest various form and typographical corrections

which the Board accepts and incorporates into the proposed rules.

BFI suggests that “flares associated with energy recovery

systems” be added to Section 201.210(a).

 BFI believes that this

addition would clarify the regulatory status of flares and

is

consistent with the intent of the CAAPP permit program.

The

Agency does not agree with the exclusion for “flares associated

with the energy recovery systems” as proposed by BFI.

 The Agency

states that BFI has not provided any support for the exclusion or

a definition for “flares associated with the energy recovery

systems”.

 The Agency contends that the types of flares that BFI

seeks to exclude may be subject to new requirements under New

Source Performance Standards which U.S. EPA intends to formulate.

In addition, the Agency states that flares are air pollution

control devices.

 Air pollution control devices have not been

treated as insignificant sources by themselves but have only been

treated as insignificant when associated with insignificant

process equipment or fuel combustion.

 The Agency also states

that the proper operation of flares associated with landfills

could be a concern for permitting and therefore it would be

 inappropriate to treat any activity or emission point as

insignificant.

 However, the Agency asserts that for direct

safety flares on gas relief wells appropriate relief may be

pursued under Section 201.211 or 201.210(b) (27)

 of the proposed

rules.

The Board will not make the addition suggested by BFI.

The

Board finds no support in the record for the addition of “flares

associated with energy recovery systems” to be added to the

exclusions in Section 201.210(a).

In its comment,

 SPI suggest that following items be added to

the list of insignificant activities in Section 201.210(b):

—

 an increase in the hours of operation or in the production

rate, unless such a change would be prohibited under a permit

condition.

—

 fabrication operations,

 including but not limited to

equipment used to mill or grind coatings and molding compounds.

 finishing operations,

 including but not limited to,

equipment operated for plastics.

In addition, SPI also states that the levels

 in the Agency’s

proposal are extremely low.

 SPI requests that the Agency

reconsider its proposed level of 0.1 lbs/hr for hazardous air

4

pollutants.

 SPI references the U.S. EPA’s proposed 112(g)

rulemaking which sets de minimis emission levels for hazardous

air pollutants at 1 to 5 tons per year depending on the

 pollutant.

 SPI suggests that the Agency adopt the de minimis

levels set by the U.S. EPA in its rulemaking.

The Agency objects to the exemptions proposed by SPI.

The

Agency contends that the exemption relating to change in the

hours or production rates is not relevant for insignificant

activities in

CAAPP

permitting.

 The Agency contends that the

exemptions for activities involving fabrication operations and

finishing operations do not ensure that there will be

insignificant emissions from these operations.

 The Agency

maintains that the de minimis levels for

HAP

in the proposed

federal rule are not applicable to permitting activities relating

to insignificant sources.

 The Agency also contends that the

proposed de ininimis levels vary depending on the

HAP

emitted and

will change from time to time with improvements in risk

assessment methodology.

 In addition, the Agency states that

Section 201.211 provides a procedure for an individual

determination of insignificant emissions or activities.

The Board will not make any changes to the proposal based on

SPI’s comments.

 The Board finds no support in the record for the

additions proposed by SPI.

IERG supports the adoption of this proposal.

 IERG further

states that consistent with its question to the Agency at hearing

and other sections of the proposal “glycerin” should be added to

 Section 201.210(a)(17).

 The Agency agrees that glycerin should

be added to Section 201.210(a) (17).

 Therefore,

 the Board will

add “glycerin” to Section 201.210(a) (17).

IERG also wishes to reiterate the Agency’s affirmation that

it is not the Agency’s intent to require the reporting of

emissions from insignificant activities on the Annual Emissions

Inventory Report required by 35

 Ill. Adm. Code Part 254.

AAMA takes the position that the threshold criteria for an

insignificant activity determination based upon the content or

composition of raw material established in Section 201.209

is

inappropriate.

 AAMA recommends that such a determination should

be based upon emission levels of the emission unit.

 AANA

requests that the exclusion for powder, architectural and

industrial maintenance coatings in Section 201.210 be deleted.

AAMA also contends that small uses of organic solvents should be

listed as insignificant.

 AAMA also requests that the Agency

review the definition of organic solvents in Section 211.4260.

AAMA contends that the content criteria of 5

 appears arbitrarily

low and that some common household cleaning products would fall

into this category.

 AAMA also argues that ethanol should be

exclude from the definition of organic solvents.

5

In PC #8,

 the Agency states that it does not support the

changes recommended by AAMA.

 The Agency believes that basing the

threshold for insignificant activity on raw material composition

is appropriate.

 The Agency contends that the proposed approach

establishes a methodology that is consistent with Section 313 of

the Superfund Amendments and Reauthorization Act.

 The Agency

contends that powder, architectural and industrial maintenance

coatings and small uses of organic solvent are addressed

elsewhere in the proposal and therefore, are appropriately

excluded from Section 201.210(a) (13).

 The Agency contends that

powder coatings have insignificant emissions of volatile organic

material but may have significant emissions of particulate matter

and should be considered separately from 201.210(a) (13) coating

operations.

 Powder coating operations may be addressed on a case

by case basis as provided in Section 201.211 or under Sections

201.210(a) (2)

and

(3)

 based on the level of emissions.

Similarly, the use of organic solvent may be addressed under

these sections.

 The Agency believes that the definition of

“organic solvent”

 is appropriate and that the

 5 percent organic

solvent content is a level at which the Agency is comfortable

that emissions from such mixtures will be insignificant.

The Board will not make the changes proposed by AAMA in its

comment.

 The Board finds that the record does not support the

recommended changes and that the concerns raised by AANA are

better addressed by other sections of the proposal.

The Agency also notes the correction of a typographical

error

 in Section 201.210(a) (10) discussed at the hearing.

The

phrase “any listed as hazardous” should be corrected to read “any

material listed as a hazardous”.

 The Board will correct this

typographical error.

 The Board will also correct typographic and

grammatical errors.

CONCLUSION

The Board finds that the proposed rules are technically

feasible and economically reasonable,

 and that the rules are

necessary to meet the requirements of the Clean Air Act.

 We find

that the record supports proceeding with the proposed rules as

amended to second notice.

To assist comparison to today’s proposal with the proposal

as adopted for first notice the Board indicates revisions by

highlighting (redlining)

 in the order that follows.

 Appropriate

underlining and strikeouts are included within the highlighted

text.

ORDER

The Board hereby proposes the following amendments to 35

Ill. Adm. Code 201 and 211.

 The Board directs the Clerk to

6

submit the following amendments to the Joint Committee on

Administrative Rules for second notice.2

TITLE 35:

 ENVIRONMENTAL PROTECTION

SUBTITLE B:

 AIR POLLUTION

CHAPTER I:

 POLLUTION CONTROL BOARD

SUBCHAPTER a:

 PERMITS

AND

GENERAL PROVISIONS

PART 201

PERMITS

AND

GENERAL PROVISIONS

SUBPART D:

 PERMIT APPLICATIONS

AND

REVIEW PROCESS

Section

201.152

 Contents of Application for Construction Permit

201.153

 Incomplete Applications

201. 154

 Signatures

201.155

 Standards for Issuance

201.156

 Conditions

201.157

 Contents of Application for Operating Permit

201.158

 Incomplete Applications

201.159

 Signatures

201.160

 Standards for Issuance

201.161

 Conditions

201.162

 Duration

201.163

 Joint Construction and Operating Permits

201.164

 Design Criteria

201.165

 Hearings

201.207201.166 Revocation

201.209201.167 Revisions to Permits

201.210201.168 Appeals from Conditions

SUBPART

F:

 RENEWAL,

 REVOCATION, REVISION AND APPEALCAAPP

PERMITS

Section

201.207

 Applicability

201.208

 Supplemental Information

201.209

 Emissions of Hazardous Air Pollutants

2

 For mailing purposes, the Board has omitted from the

order those portions to the tables of contents, amounting to some

10 pages, that are not proposed to be changed in this rulemaking.

Interested persons may view the tables of contents in its

entirety in the copy of the proposal submitted by the Agency and

 retained in the Clerk’s file.

 An entire version including the

full tables of contents was published in the Illinois Register,

and a copy of that submittal will be available in the Clerk’s

file.

7

201.210

Categories

 of Insignificant Activities or Emission

Levels

201.211

 Ai~plicationfor Classification as an Insignificant

Activity

201.212

 Revisions to Lists of Insignificant Activities or

Emission Levels

AUTHORITY:

 Implementing Sections

 10 e~8~39

 and 39.5 and

authorized by Section 27 of the Environmental Protection Act

(Ill. Roy.

 Stat.

 1991,

oh.

 11l?~, par9.

 1010,

 1027,

 and 1039) 415

ILCS 5/10,

 27, ai~439, and 39.5).

SUBPART A:

 DEFINITIONS

Section 201.101

 Other Definitions

a)

 Except as hcrcinaftcr stated and unless

 a different

meaning of a term is clear from its context, the

definitions of terms used in 35 I1l~

Adin.

 Code:

~ubtit1~ B1

 chapter

I

 (Chapter), this Part shall be the

säinEàstho

Used

 in the EnvironmEntal Protection Act

-(Ill. Roy.

 Stat.

 1981,

 oh. 111~ naro.

 1001 ot

~cq.)f415 ILCS 5/l)(Act).

b)

 All terms defined in

35

 Ill. Adm. Code 211 which appear

in this Part have the definitions specified by 35 Ill.

Adin. Code 211.

(Source:

 Amended at 18

 Ill. Reg.

____

 effective

_____________)

SUBPART D:

 PERMIT APPLICATIONS

AND

REVIEW PROCESS

Section 201.207201.166

 Revocation

Violation of any of the conditions of a permit, or the failure to

comply with any rule or regulation of this Chapter,

 shall be

grounds for revocation of the permit, as well as for other

sanctions provided in the Act.

 Such sanctions shall be sought by

filing

 a complaint with the Board.

(Source:

 Renumbered from Section 201.207 at 18

 Iii.

 Reg.

_______

 effective _________________________________

Section 2-0-1.209201.167

 Revisions to Permits

The Agency may revise any permit issued pursuant to Subpart D or

any condition contained in such permit,

 as follows:

a)

 Upon reapplication by the permittee;

or

b)

 Upon the revision of the Act or this Chapter.

8

(Source:

 Renumbered from Section 201.209 at 18

 Ill.

 Reg.

______________________,

 effective _________________________________)

 Section 201.210201.168

 Appeals from Conditions

An applicant may consider any condition imposed by the Agency in

a permit as a refusal by the Agency to grant a permit, which

shall entitle the applicant to appeal the Agency’s decision to

the Board pursuant to Section 40 of the Act

 (Ill. Rev.

 Stat.

1981,

 oh. 11~ par.

 1040)

 1415 ILCS 5/40.

(Source:

 Renumbered from Section 201.210 and amended at 18 Ill.

Reg. __________________________,

 effective

____________________)

SUBPART F:

 RENEWAL, REVOCATION, REVISION AND

APPEALCAAPP PERMITS

Section 201.207

 Applicability

This Subpart shall apply on1~to sources sublect to Section 39.5

of the Act.

 The requirements of Sections 201.143 through 201.148

of Subpart C,

 Sections 201.157 through 201.165 of Subpart

 D, and

Subparts E,

 G, and H of this Part shall not apply to a source

sublect to the requirements of Section 39.5 of the Act.

(Source:

 Former Section 201.207 renumbered to Section 201.166,

new Section 201.207 added at 18

 Ill. Reg.

effective

____________________________)

Section 201.208

 Supplemental Information

Notwithstanding Sections 201.210,

 201.211.

 and 201.212, an

a~~licantfor a CAAPP permit shall supplement its application

with any information for an emission unit of the source that is

needed to determine the applicability of any applicable

requirement or to set forth

in

 a permit any applicable

requirement, when such information is reguested by the Agency,

pursuant to Section 39.5(5)

(g)

 of the Act,

 or when the applicant

becomes aware that such information has not been submitted or

that incorrect information has been submitted, pursuant to

39.5(5)

(U

 of the Act.

(Source:

 Added at 18 Ill. Reg.

 effective

______________

Section 201.209

 Emissions of Hazardous Air Pollutants

~j

 For the purposes of establishing whether an emission

unit qualifies as an insignificant activity and

providing emission data for an emission unit

in

 a CAAPP

application,

 an applicant may presume that an emission

unit does not emit an air pollutant listed as hazardous

pursuant to Section 112(b)

 of the Clean Air Act

if:

9

fl~

Raw

material,

other

than

fuel,

for

the

emission

unit contains a concentration by weight of such

pollutant

that

equal

less

than

the

following:

~j

 0.01 percent by weight for the following

pollutants if more than 1 ton of the raw

material ~e

 is used annually

 alkvlated

lead

compound

pplycyclic

organic

matter,

hexachloro

benzene,

mercury,

polychlorinated

biphenyls~

7 ,8—tetrachlorodibenzofurans,

and

 2 .3,7,8-tetrachloridibenzo—p—dioxin; or

~j

 0.01 percent by weight for pollutants other

than

those

subsection

(a)

(1)

(A)

above

than

1,000

tons

the

raw

material

are

used

annually;

~j

 0.1 Percent by weight for pollutants other

than those addressed in subsection

 (a) (1) (A)

(B)

above.

~

 The fuel used in the emission unit does not

qualify

hazardous

waste

and

the

emission

unit

not

sublect

applicable

requirement

for

the pollutant.

~j

 Notwithstanding the above,

 pursuant to Section

39.5(5)

(g)

the

Act,

the

Agency

may

require

applicant to submit specific information for an

emission

unit

concerning

emissions

air

~o1lutant

listed

hazardous

pursuant

Section

112(b)

the

Clean Air Act.

(Source:

 Former Section 201.209 renumbered to Section 201.167,

new Section 201.109 added at

18

 Ill. Reg.

_____________

effective _______________________________

Section 201.210

 Categories of Insignificant Activities or

Emission Levels

~j

 The owner or operator of a

CAAPP

source,

pursuant

Ill.

Adm.

Code

270,

shall

submit

the

Agency

within

its CAAPP application a list of the following

activities

 or emission levels:

fl

 Any emission unit determined to be an

insignificant activity bY the A~encvpursuant to

Section 201.211

 of this Part:

10

2.1

 Emission

units

with

emissions

that

never

exceed

0.1

lbs/hr

any

regulated

air

~ol1utant

the

absence

air

pollution

control

equipment

and

that

not

emit

any

air

pollutant

listed

hazardous

pursuant

Section

112(b)

the

Clean

Air

Act

Emission

units

with

emissions

that

never

exceed

0.44

tons/year

any

regulated

air

pollutant

the

absence

air

pollution

control

equipment

and

that

not

emit

any

air

Pollutant

listed

hazardous

pursuant

Section

112(b)

the

Clean

Air

Act

Direct

combustion

units

designed

and

used

for

comfort

heating

purposes

and

fuel

combustion

emission

units

follows:

Units

with

rated

heat

input

capacity

less

than

2.5

mmbtu/hr

that

fire

only

natural

gas,

propane

liquified

petroleum

gas

Units

with

rated

heat

input

capacity

less

than

1.0

mmbtu/hr

that

fire

only

oil

combination

with

only

natural

gas,

propane,

liquified

petroleum

gas

çj

Units

with

rated

capacity

less

than

200,000

btu/hr

which

never

burn

refuse--

treated

chemically

contaminated

wood

Extruders

used

for

the

extrusion

metals,

minerals,

plastics,

rubber,

wood,

excluding

extruders

used

the

manufacture

polymers,

provided

that

volatile

organic

materials

class

substances

sublect

the

requirements

Title_VI

the

Clean

Air

Act

are

not

used

foaming

agents

release

a~ents

were

not

used

foaming

agents

the

case

extruders

processing

scrap

material

Furnaces

used

for

melting

metals

other

than

beryllium

with

brim

full

capacity

less

than

450

cubic

inches

volume

fl

Equipment

used

for

the

 melting or application of

less

than

50,000

lbs/yr

wax

which

organic

solvent

has

been

added

Equipment

used

for.

filling

drums,

pails

other

packaging

containers,

excluding

aerosol

cans,

with

soaps,

detergents.

surfactants,

lubricating

oils,

11

waxes,

vegetable

oils,

greases,

animal

fats,

glycerin,

sweeteners,

corn

syrup,

aqueous

salt

solutions,

aqueous

caustic

solutions

~j-

Equipment

used

for

the

mixing

and

blending

materials

ambient

temperature

make

water

based

adhesives

provided

each

material

contains

less

than

organic

solvent

weight

~Q1.

Storage

tanks

organic

liquids

with

capacity

less

than

10,000

gallons

and

annual

throughput

less

than

100,000

gallons

provided

the

tank

not

used

for

the

storage

gasoline

any

niat~ria1

listed

a

hazardous

air

pollutant

~,Ur~üant

SectIon

112(b)

the

Clean

Air

Act

jJj.

Storage

tanks

virgin

rerefined

distillate

oil.

hydrocarbon

condensate

from

natural

gas

pipeline

storage

systems,

lubricating

oil,

residual

fuel

oils

~fl.

Die

casting

machines

where

metal

plastic

formed

under

pressure

die

~fl

 Coating

operations

(excluding

powder.

architectural

and

industrial

maintenance

coating)

with

aggregate

VON

usage

that

never

exceeds

lbsjday

from

all

coating

lines

the

source.

including

VON

from

coating,

dilutents,

and

cleaning

materials

141

Printing

operations

with

aggregate

organic

solvent

usage

that

never

exceeds

750

gallons

per

year

from

all

printing

lines

the

source,

including

organic

solvent

from

inks,

dilutents,

fountain

solutions,

and

cleaning

materials

3~j.

Gas

turbines

and

stationary

reciprocating

internal

combustion

engines

less

than

112

(150

horsepower)

power

output

Gas

turbines

and

stationary

reciprocating

internal

combustion

engines

between

1118

and

112

(1500

and

150

horsepower)

power

output

that

are

emergency

standby

units

~fl

Storage

tanks

any

size

 containing exclusively

soaps,

detergents,

surfactants,

waxes,

glycerin,:

vegetable

oils,

 greases,

 animal fats,

 sweeténér,

corn syrup,

 aqueous salt solutions,

or

aqueous

12

caustic

solutions

provided

organic

solvent

has

not

been

mixed

with

such

materials;

and

.~&1.

Loading and unloading systems for railcars, tank

trucks,

 or watercraft that handle only the

following liquid materials provided an organic

solvent has not been mixed with such materials:

soaps, detergents,

 surfactants, lubricating oils,

waxes, glycerin. vegetable oils,

 greases,

 animal

fats,

 sweetener, corn syrup,

 aqueous salt

solutions,

 or aqueous caustic solutions.

~

 The owner or operator of a CAAPP source is not required

to individually list the following activities in a

CAAPP application pursuant to 35

 Ill.

 Adm. Code 270.

The applicant shall denote whether any of the following

activities are present at the source in its CAAPP

ap~1ication:

3j

 Air conditioning or ventilating equipment not

designed to remove air contaminants generated by

or released from associated equipment

 Photographic process equipment by which an image

is reproduced upon material sensitized to radiant

energy

~j

 Equipment used for hydraulic or hydrostatic

testing

~j

 General vehicle maintenance and servicing

activities at the source,

 other than gasoline fuel

handling

~j

 Cafeterias,

 kitchens, and other facilities used

for preparing food or beverages primarily for

consumption at the source

~j

 Eguipnient using water, water and soap or

 detergent,

 or a suspension of abrasives in water

for purposes of cleaning or finishing provided no

organic solvent has been added to the water

fl

 Administrative activities including,

 but not

limited to, paper shredding,

 copying, photographic

activities,

 and blueprinting machines. This does

not include incinerators

~

 Laundry dryers.

 extractors, and tumblers

processing clothing,

 bedding, and other fabric

items used at the source that have been cleaned

with water solutions of bleach or detergents

13

provided that any organic solvent Present

 in such

items

before

processing

that

retained

from

clean-up

operations

shall

addressed

Part

the

VON

emissions

from

use

cleaning

materials

 Housekeeping activities for cleaning purposes.

including

collecting

spilled

and

accumulated

materials at the source, including operation of

fixed vacuum cleaning systems specifically for

such Purposes, but not including use of cleaning

materials that contain organic solvent

IQI

 Refrigeration systems,

 including storage tanks

used in refrigeration systems, but excluding anY

combustion eguipment associated with such systems

jJJ..

 Bench scale laboratory equipment and laboratory

equipment used exclusively for chemical and

physical analysis, including associated laboratorY

fume hoods, vacuum producing devices and control

devices installed primarily to address potential

accidental releases

~j

 Restroom facilities and associated clean—up

operations, and stacks or vents used to prevent

the escape of sewer gases through plumbing traps

ill.

 Activities associated with the construction, on—

site repair. maintenance or dismantlement of

buildings,

 utility lines,

 pipelines, wells,

excavations, earthworks and other structures that

do not constitute emission units

14j

 Storage tanks

 of organic liquids with a capacity

of less than 500 gallons. provided the tank is not

used for storage of any material

 listed as

a

hazardous air pollutant pursuant to Section 112(b)

of the Clean Air Act

~j

 Piping and storage systems for natural gas,

propane, and liquefied petroleum gas

j~j Water treatment or storage systems.

 as follows:

~j

 Systems for potable water or boiler

feedwater;

Systems,

including

cooling

towers,

for

Process

water

provided

that

such

water

has

not

been

direct

indirect

contact

with

process streams that contain volatile organic

material or materials listed as hazardous air

14

pollutants

pursuant

Section

112(b)

the

Clean Air Act

.221

 Lawn care,

 landscape maintenance, and

groundskeeping activities

~j.

 Containers,

 reservoirs,

 or tanks used exclusively

in dipping operations to coat obiects with oils,

waxes,

 or greases, provided no organic solvent has

been mixed with such materials

3~J

Cold cleaning degreasers that are not in—line

cleaning machines

 where the vapor pressure of

the solvents used never exceed 2kPa

(15

mmHg

or

0.3 psi) measured at 38°C(100°F)or 0.7 kPa

 (5 mm

Hg or 0.1 psi)

 at 20°C(68°F)

2.Q1

 Manually operated equipment used for buffing,

polishing,

 carving,

 cutting,

 drilling, machining,

routing,

 sanding,

 sawing,

 scarfing, surface

grinding or turning

2.11

 Use of consumer products, including hazardous

 substances as that term is defined in the Federal

Hazardous Substances Act

 (15 U.S.C.

 1261 et seq.),

where the product

 is used at

 a source in the same

manner as normal consumer use

.2.21

 Activities directly used in the diagnosis and

treatment of disease,

 iniury or other medical

condition

~J...

Firefighting activities and training in

preparation for fighting fires conducted at the

source

 (Note:

 Open burning permits may be

required for certain training activities)

~4j..Internal combustion engine or boiler

 (including

the fuel system)

 of motor vehicles,

 locomotives,

aircraft, watercraft,

 lifttrucks,

 and other

vehicles powered by nonroad engines

~j.

 Activities associated with the construction,

repair or maintenance of roads or other caved or

open areas,

 including operation of street

sweepers, vacuum trucks,

 spray trucks and other

vehicles related to the control of fugitive

emissions of such roads or other areas

~2QJ

Storage and handling of drums or other

transportable containers where the containers are

sealed during storage and handling

15

 Individual points of

emission

activities

follows:

~j

 Individual flanges, valves, pump seals,

pressure relief valves and other individual

comPonents that have the potential for leaks

.~j

 Individual sampling points.

 analyzers.

and

process instrumentation, whose operation maY

result in emissions

Q1

 Individual features of an emission unit such

as each burner and sootbiowers in a boiler or

each use of cleaning materials on a coating

or printing line;

Pj

 Individual equipment that is transportable or

activities within a facility established for

testing units prior to sale or distribution

or for purposes of research; and

~j

 Individual equipment or activities within a

pilot plant facility that is used for

research or training;

(Note:

 Notwithstanding the foregoing,

 such points

of emissions or activities shall be addressed in a

CAAPP application in sufficient detail to identify

applicable requirements and demonstrate compliance

with such requirements.

 Emission data for such

activities shall be addressed in the aggregate for

each emission unit or group of related emission

units).

2fl

Activities

 a source associated with the

modification

only

construction

only

facility,

emission

unit

other

equipment

the source; and

(Note:

 Notwithstanding the status of this

activity as insignificant,

 a particular activity

that entails modification or construction of an

emission unit or construction of air pollution

control equipment may require

 a construction

permit pursuant to Section 201.142 of this Part

and may subse~uentlvrequire a revised CAAPP

permit.

 A revised CAAPP permit may also be

necessary for operation of an emission unit after

completion of

 particular activity if the

existing

CAAPP

 permit does not accommodate the new

state of the emission unit.)

16

.2.21

Activities

source

associated

with

the

maintenance, repair, or dismantlement of an

emission unit or other equipment installed at the

source, not including the shutdown of the unit or

equipment,

 including preparation for maintenance,

repair or dismantlement, and preparation for

subseauent startup,

 including preparation of a

shutdown vessel for entry. re~1acementof

insulation, welding and cutting, and steam purging

of a vessel prior to startup.

(Source:

 Former Section 201.210 renumbered to Section 201.168,

 new Section 201.210 added at 18 Ill.

 Reg.

_______________

effective

_________________________)

Section 201.211

 Application for Classification as an

Insignificant Activity

~j

 An owner or oPerator of a CAAPP source may propose to

the Agency in its CAAPP application that an emission

unit at the source be treated as an insignificant

activity consistent with Section 201.210 of this Part.

provided the emission unit meets the following criteria

and the owner or operator provides the information

required in subsection

 (b) below regarding the emission

unit:

fl

 The emission unit would not emit more tha~ 1.0

lb/hr of any regulated air pollutant not listed as

hazardous Pursuant to Section 112(b)

 of the Clean

Air Act in the absence of air pollution control

egu±pment

21

 The emission unit would not emit more than 0.1

lb/hr of any regulated air ~o1lutant that is

listed as hazardous pursuant to Section 112(b)

of

the Clean Air Act in the absence of air pollution

control equipment:

and

fl

 The emission unit is not a process unit.

~j

 The owner or operator of such emission unit shall

include the following information

 in its CAAPP

application:

fl

 A description of the emission unit including the

function and expected operating schedule of the

unit

21

 A description of any air pollution control

equipment or control measures associated with the

emission unit

17

fl

 The emissions of regulated air Pollutants in lb/hr

and ton/yr

.41

 The means by which emissions were determined or

estimated

.~.1

 The estimated number of such emission units at the

source; and

Q..

 Other information upon which the applicant relies

to support treatment of such emission unit as an

insignificant activity.

çj

 The Aaencv shall determine whether such emission unit

maY be treated as an insignificant activity considering

factors including, but not limited to,

 the following:

fl

 The amount and nature of emissions

21

 The basis by which emissions were determined

fl

 The expected consistency and reliability of

operation of the emission unit

4.)..

 The operating schedule or intended use

 of the

emission unit

~j

 The air pollution control equipment or control

measures applied to the emission unit

~j.. The nature of applicable requirements

fl

 The environmental impact of such emission unit

and

~j

 The potential benefits to the environment if the

 emission unit were not treated as an insignificant

activity.

~j

 Unless the Agency notifies the applicant in writing

that the emission unit cannot be treated

 as an

insignificant activity following the Agency’s

determination

 in subsection

(c)

 above,

 the emission

unit shall be deemed an insignificant activity for

purposes of Section 201.210(a)

 of this Part.

 If the

Agency

determines

that

emission

unit

cannot

treated

insignificant

activity

pursuant

this

Section.

the

Agency

shall

notify

the

owner

operator

in writing and request that such owner or oPerator

submit the information required in a CAAPP application

pp~rsuantto Agency procedures regarding the emission

unit

within

 a reasonable time frame.

 The owner or

18

operator shall submit the requested information to the

Agency

within

the

time

 frame stated in the request.

(Source:

 Added at 18 Ill.

 Reg.

 effective

______________)

Section 201.212

 Revisions to Lists of Insignificant

Activities or Emission Levels

~j

 ~he owner

 or operator of a CAAPP source is not required

to notify the Agency of additional insignificant

activities present at the source of a tv~ethat were

previously listed

 in its CAAPP application pursuant to

Section 201.210(a)

 or 201.211 of this Part, until its

renewal CAAPP application is submitted.

~j

 The owner or operator of a CAAPP source seeking to add

a new insignificant activity of

 a tv~eprovided under

Section 201.210(a)

 or 201.211 of this Part that was not

previously listed

 in its CAAPP application must notify

the A~encvpursuant to Section 39.5(12) (b)

 of the Act.

~j

 The owner or operator of a CAAPP source is not required

to notify the Agency of additional insignificant

activities present at the source of a type that were

previously listed

 in its CAAPP application pursuant to

Section 201.210(b)

 of this Part or any new

insignificant activities of a type provided under

Section 201.210(b)

 of this Part that were not

previously listed in its CAAPP application, until its

renewal CAAPP application is submitted.

(Source:

 Added at 18

 Ill. Reg.

______,

 effective

_______

TITLE 35:

 ENVIRONMENTAL PROTECTION

SUBTITLE B:

 AIR POLLUTION

CHAPTER

I:

 POLLUTION CONTROL BOARD

SUBCHAPTER

C:

 EMISSIONS STANDARDS

AND

LIMITATIONS

FOR STATIONARY SOURCES

PART 211

DEFINITIONS AND GENERAL PROVISIONS

SUBPART A:

 GENERAL PROVISIONS

Section

211.101

 Incorporations by Reference

211.102

 Abbreviations and Unito Conversion Factors

211.1920

 Emergency or Standby Unit

211.3500

 Lubricating Oil

211.3620

 Manually Operated Equipment

19

211.4260

 Organic Solvent

211.5340

 Rated Heat Input Capacity

211.6355

 Stationary Gas Turbine

211.6360

 Stationary Reciorocating Internal Combustion Engine

AUTHORITY:

 Implementing Sections

9,

 9.1 and 10 and authorized by

Section 27 and 28.5 of the Environmental Protection Act

 (Ill.

Rev.

 Stat.

 1991,

 oh. 111~,pare.

 1009,

 1010 and 1027),

 (P.A. 87—

1213, effective September 2C,

1992)

415

 ILCS 5/9,

 9.1.

10,

27

and 28.5.

SUBPART A:

 GENERAL PROVISIONS

Section 211.102

 Abbreviations and Unito Conversion Factors

a)

 Abbreviations used in this Part include the following:

ASTN

 American Society for Testing and Materials

bbl

 barrels

 (42 gallons)

btu

 British thermal units (60°F)

btu/hr

 btu per hour

°C

 degrees Celsius or centigrade

CAAPP

 Clean Air Act Permit Program

cm

 centimeters

cu in

 cubic inches

°F

 degrees Fahrenheit

FIP

 Federal Implementation Plan

ft

 feet

ft2

 square feet

cubic feet

g

 grams

gpm

 gallons per minute

g/mole

 grams per mole

gal

 gallons

horsepower

hr

 hours

in

 inch

degrees Kelvin

kcal

 kilocalories

kilograms

kg/hr

kilograms

per

hour

kPa

kilopascals;

one

thousand

newtons

per

square

meter

kilowatt

1

 liters

1/sec

 liters per second

lbs

 pounds

lbs/day

 pounds per day

lbs/hr

 pounds per hour

lbs/gal

 pounds per gallon

lbs/yr

 pounds per year

20

LEL

lower

explosive

limit

m

 meters

square meters

m3

 cubic meters

mg

 milligrams

Mg

 Megagrams, metric tons or tonnes

ml

 milliliters

mm

 minutes

MJ

 megajoules

mmbt~

 million British thermal units

mmbtu/hr

 million British thermal units per hour

xnmHg

 millimeters of mercury

maximum theoretical emissions

megawatt; one million watts

MW—hr

 megawatt per hour

NDO

 natural draft opening

nitrogen oxides

ppm (vol)

 parts per million

ppmv

 parts per million by volume

ppinvd

 parts per million by volume dry

psi

 pounds per square inch

psia

 pounds per square inch absolute

psig

 pounds per square inch gauge

PTE

 potential to emit

RACT

 reasonably available control technology

scf

 standard cubic feet

scm

 standard cubic meters

sec

 seconds

SIP

 State Implementation Plan

TTE

 temporary total enclosure

sq cm

 square centimeters

sq in

 square inches

T

 short ton (2,000

 lbs)

ton

 short ton

 (2,000

 lbs)

TPY

tons

 per year

USEPA

 United States Environmental Protection

Agency

Voc

 volatile organic compounds

VOL

 volatile organic liquids

VON

 volatile organic materials

b)

 The following conversion factors are used in this Part.

English

 Metric

1 gal

 3.785

1

1,000 gal

 3,785

 1 or 3.785 m3

1 psia

 6.897 kPa

 (51.71 mmHg)

2.205 lbs

 1 kg

32°

 0°C(273.15°K)

1 bbl

 159.0

1

1 cu in

 16.39 ml

21

1 lb/gal

 119,800 mg/l

1

 lb/itimbtu

 1.548 kg/MW-hr

lbL.T

0.500

kg/Mg

1 ton

 0.907 Mg

1 T

 0.907 Mg

mmbtu/hr

 0.293 MW

(Source:

 Amended at 18

 Ill. Reg.

_____,

 effective

SUBPART

B:

 DEFINITIONS

Section 211.1920

 Emergency or Standby Unit

“Emergency or standby unit” means,

 for a stationary gas turbine

or a stationary reciprocatin~internal combustion engine,

 a unit

that:

~j

 Supplies rower for the source at which it

 is located but

operates

only

when

 the normal supply of cower has been

rendered unavailable by circumstances beyond the control

of the owner or operator of the source and only as

necessary to assure the availability of the engine or

turbine

~j

 Operates exclusively for firefightinci or flood control or

 both;

or

~j

 Operates in response to and during the existence of any

officially declared disaster or state of emergency.

The

term

does

not

include

eguipment

 used for purposes other than

emergencies,

 as described above,

 such as to supply power during

high electric demand days.

(Source:

 Added at 18

 Ill.

 Reg.

_________,

 effective

___________)

Section 211.3500

 Lubricating Oil

“Lubricating oil” means an oil manufactured from petroleum or

used oil for a use other than fuel,

 including engine oil, gear

oil, transmission oil, turbine oil, hydraulic oil. aviation oil,

heat transfer oil,

 as well as synthetic oils manufactured to

serve such functions,

 base stock,

 and additive packages and

individual additives for such lubricating oil including viscosity

index improvers,

 dispersants, corrosion inhibitors.

antitoxidants. detergents, wear inhibitors,

 friction modifiers.

and pour point depressants, but not including used oil.

(Source:

 Added at 18 Ill. Reg.

_______,

 effective

Section 211.3620

 Manually Operated Equipment

22

“Manually operated equipment” means

 a machine or tool that

is

 handheld. such as a handheld circular saw or compressed air

chisel;

 a machine or tool where the workpiece is held or

manipulated by hand,

 such as

 a bench grinder;

 a machine or tool

where the tool or bit is manipulated by hand,

 such as

 a lathe or

drill press; and any dust collection system which is part of such

machine or tool; but not including any machine or tool where the

extent of manual operation is to control power to the machine or

tool and not including any central dust collection system serving

more than one machine or tool.

(Source:

 Added at 18

 Ill. Reg.

______,

 effective

_____________)

Section 211.4260

 Organic Solvent

“Organic solvent” means

 a solvent that consists of organic

mineral spirits, methyl ethyl ketone.

 acetone, ethanol,

 ether,

toluene, or other organic materials other than

 soap,

 detergent,

surfactants, lubricating oil, wax, vegetable oil, grease,

glycerin,

 or animal

 fat.

 For Purposes of 35 Ill.

 Adm. Code 201,

Subpart

F,

 a solvent which

is

 a mixture shall

 be an organic

solvent if it contains more than

 5 Percent bY volume of such

organic materials.

(Source:

 Added at 18 Ill. Reg.

______,

 effective

_____________

Section 211.5340

 Rated Heat Input Capacity

“Rated heat input capacity” means the ability of an emission unit

to combust a maximum amount of

 fuel on a steady state basis, as

limited by a federally enforceable permit condition,

 or otherwise

as stated by the manufacturer of the unit, based on the physical

design and characteristics of the unit,

or,

 if higher than the

manufacturer’s stated maximum amount, as demonstrated by the

actual operation of the unit.

(Source:

 Added at 18111. Reg.

____,

 effective

_____________)

Section 211.6355

 Stationary Gas Turbine

“Stationary ~as turbine” means any simple cycle

 cias turbine.

regenerative cycle gas turbine or any gas turbine portion of a

combined cycle steam/electric generating system that is not self

propelled.

 It may. however, be mounted on wheels for

portability.

(Source:

 Added at 18

 Ill. Reg.

______,

 effective

_____________

Section 211.6360

 Stationary Reciprocating Internal Combustion

Engine

23

“Stationary reciprocating internal combustion engine” means any

internal combustion engine, except a gas turbine, that is not

self—propelled.

 It may, however, be mounted on wheels for

portability.

(Source:

 Added at 18 Ill. Reg.

_______,

 effective

____________

IT IS SO ORDERED.

I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above opinion

 nd order was

adopted on the

______________

 day of

..-

1994, by a vote of

 —p

~orothy

 N. Gunn/ Clerk

Illinois Polli~ionControl Board