ILLINOIS POLLUTION CONTROL BOARD
December 18, 1997
IN THE MATTER OF:
)
)
PETITION OF W.R. GRACE &
) R98-16
COMPANY - CONNECTICUT , AND
) (Rulemaking - Air)
THE ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY FOR
)
SITE-SPECIFIC AIR REGULATION:
)
35 ILL. ADM. CODE 218.940(h)
)
Proposed Rule. First Notice.
OPINION AND ORDER OF THE BOARD (by J. Yi):
On November 19, 1997, W.R. Grace & Company - Connecticut (Grace) and the
Illinois Environmental Protection Agency (Agency), pursuant to Section 27 of the
Environmental Protection Act (Act) (415 ILCS 5/27 (1996)), filed a joint proposal for site
specific rulemaking. Specifically, the proposal requests a site specific air regulation for the
facility be added to Subpart QQ of 35 Ill. Adm. Code 218 at Section 218.940(h). The Board
previously granted Grace a variance regarding the emission control requirements of 35 Ill.
Adm. Code 218, Subpart QQ in 1995; see W.R. Grace & Co. - Conn. v. IEPA (March 16,
1995), PCB 94-328. On February 6, 1997, the Board extended that variance until May 15,
1998. W.R. Grace & Co. - Conn. v. IEPA (February 6, 1997), PCB 96-193. On December
4, 1997, the Board adopted an order accepting the joint proposal for hearing and granting, in
part, a joint motion for expedited review.
On December 2, 1997, Grace and the Agency filed a joint motion to amend the
proposed regulatory language. The motion requests that Section 218.940(h) as proposed in the
petition be deleted and replaced with the following:
(h) The control requirements of this Subpart shall not apply to the
solvation mixers at the container sealant manufacturing facility
located at 6050 West 51st Street in Chicago, Illinois.
The underlined words are new to the proposal. The only substantive result of the
amendment is to replace the name of the facility with a description of the facility. The
proponents believe that this language avoids the possibility of having to bring the matter before
the Board at a later date should Grace change its corporate name or sell the facility. The
proponents assert that this language is specific enough to apply only to the type of operation
and activities currently being carried on by Grace at the facility. The Board grants this
motion, and the amendment is reflected in this first notice order.
2
The Board today adopts the following first notice order under the APA (5 ILCS 100/5-
5
et seq
. (1996)) without commenting on the merits of the proposal. In consideration of the
request for expedited review, the Board notes the termination date for Grace's current
variance, and the time requirements inherent in the rulemaking process. The Board is of the
opinion that sending this proposal to first notice at this time is appropriate. This decision is
bolstered by the fact that the Agency is a joint participant in both the petition for variance and
the motion for expedited review. The proposal will be published in the
Illinois Register
whereupon a 45 day comment period will begin. The Board asks that parties interested in
commenting on this proposal address any written comments to John C. Knittle, the hearing
officer assigned to this matter.
A hearing in this matter is scheduled for January 8, 1998, at 1:00 p.m. in Room 9-031
of the James R. Thompson Center, 100 W. Randolph, Chicago, Illinois.
Copies of this opinion, the proposed rules, and any hearing officer order may be
viewed and downloaded from the Board's Web site at http://www.ipcb.state.il.us/. Copies
may also be requested in writing from the Clerk of the Illinois Pollution Control Board, James
R. Thompson Center, 100 West Randolph, Suite 11-500, Chicago, Illinois 60601, via
telephone at 312.814.3461, or via facsimile at 312.814.3669.
ORDER
The Board directs the Clerk to cause publication of the proposed amendments in the
Illinois Register for first notice:
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: EMISSIONS STANDARDS AND LIMITATIONS
FOR STATIONARY SOURCES
PART 218
ORGANIC MATERIAL EMISSION STANDARDS AND LIMITATIONS FOR THE
CHICAGO AREA
SUBPART A: GENERAL PROVISIONS
Section
218.100
Introduction
218.101
Savings Clause
218.102
Abbreviations and Conversion Factors
218.103
Applicability
218.104
Definitions
218.105
Test Methods and Procedures
3
218.106
Compliance Dates
218.107
Operation of Afterburners
218.108
Exemptions, Variations, and Alternative Means of Control or
Compliance Determinations
218.109
Vapor Pressure of Volatile Organic Liquids
218.110
Vapor Pressure of Organic Material or Solvents
218.111
Vapor Pressure of Volatile Organic Material
218.112
Incorporations by Reference
218.113
Monitoring for Negligibly-Reactive Compounds
218.114
Compliance with Permit Conditions
SUBPART B: ORGANIC EMISSIONS FROM STORAGE AND LOADING OPERATIONS
Section
218.119
Applicability for VOL
218.120
Control Requirements for Storage Containers of VOL
218.121
Storage Containers of VPL
218.122
Loading Operations
218.123
Petroleum Liquid Storage Tanks
218.124
External Floating Roofs
218.125
Compliance Dates
218.126
Compliance Plan (Repealed)
218.127
Testing VOL Operations
218.128
Monitoring VOL Operations
218.129
Recordkeeping and Reporting for VOL Operations
SUBPART C: ORGANIC EMISSIONS FROM MISCELLANEOUS EQUIPMENT
Section
218.141
Separation Operations
218.142
Pumps and Compressors
218.143
Vapor Blowdown
218.144
Safety Relief Valves
SUBPART E: SOLVENT CLEANING
Section
218.181
Solvent Cleaning in General
218.182
Cold Cleaning
218.183
Open Top Vapor Degreasing
218.184
Conveyorized Degreasing
218.185
Compliance Schedule (Repealed)
218.186
Test Methods
4
SUBPART F: COATING OPERATIONS
Section
218.204
Emission Limitations
218.205
Daily-Weighted Average Limitations
218.206
Solids Basis Calculation
218.207
Alternative Emission Limitations
218.208
Exemptions from Emission Limitations
218.209
Exemption from General Rule on Use of Organic Material
218.210
Compliance Schedule
218.211
Recordkeeping and Reporting
218.212
Cross-Line Averaging to Establish Compliance for Coating Lines
218.213
Recordkeeping and Reporting for Cross-Line Averaging Participating
Coating Lines
218.214
Changing Compliance Methods
SUBPART G: USE OF ORGANIC MATERIAL
Section
218.301
Use of Organic Material
218.302
Alternative Standard
218.303
Fuel Combustion Emission Units
218.304
Operations with Compliance Program
SUBPART H: PRINTING AND PUBLISHING
Section
218.401
Flexographic and Rotogravure Printing
218.402
Applicability
218.403
Compliance Schedule
218.404
Recordkeeping and Reporting
218.405
Lithographic Printing: Applicability
218.406
Provisions Applying to Heatset Web Offset Lithographic Printing Prior
to March 15, 1996
218.407
Emission Limitations and Control Requirements for Lithographic
Printing Lines On and After March 15, 1996
218.408
Compliance Schedule for Lithographic Printing On and After March 15,
1996
218.409
Testing for Lithographic Printing On and After March 15, 1996
218.410
Monitoring Requirements for Lithographic Printing
218.411
Recordkeeping and Reporting for Lithographic Printing
5
SUBPART Q: SYNTHETIC ORGANIC CHEMICAL AND POLYMER
MANUFACTURING PLANT
Section
218.421
General Requirements
218.422
Inspection Program Plan for Leaks
218.423
Inspection Program for Leaks
218.424
Repairing Leaks
218.425
Recordkeeping for Leaks
218.426
Report for Leaks
218.427
Alternative Program for Leaks
218.428
Open-Ended Valves
218.429
Standards for Control Devices
218.430
Compliance Date (Repealed)
218.431
Applicability
218.432
Control Requirements
218.433
Performance and Testing Requirements
218.434
Monitoring Requirements
218.435
Recordkeeping and Reporting Requirements
218.436
Compliance Date
SUBPART R: PETROLEUM REFINING AND RELATED INDUSTRIES; ASPHALT
MATERIALS
Section
218.441
Petroleum Refinery Waste Gas Disposal
218.442
Vacuum Producing Systems
218.443
Wastewater (Oil/Water) Separator
218.444
Process Unit Turnarounds
218.445
Leaks: General Requirements
218.446
Monitoring Program Plan for Leaks
218.447
Monitoring Program for Leaks
218.448
Recordkeeping for Leaks
218.449
Reporting for Leaks
218.450
Alternative Program for Leaks
218.451
Sealing Device Requirements
218.452
Compliance Schedule for Leaks
218.453
Compliance Dates (Repealed)
SUBPART S: RUBBER AND MISCELLANEOUS PLASTIC PRODUCTS
Section
218.461
Manufacture of Pneumatic Rubber Tires
218.462
Green Tire Spraying Operations
6
218.463
Alternative Emission Reduction Systems
218.464
Emission Testing
218.465
Compliance Dates (Repealed)
218.466
Compliance Plan (Repealed)
SUBPART T: PHARMACEUTICAL MANUFACTURING
Section
218.480
Applicability
218.481
Control of Reactors, Distillation Units, Crystallizers, Centrifuges and
Vacuum Dryers
218.482
Control of Air Dryers, Production Equipment Exhaust Systems and
Filters
218.483
Material Storage and Transfer
218.484
In-Process Tanks
218.485
Leaks
218.486
Other Emission Units
218.487
Testing
218.488
Monitoring for Air Pollution Control Equipment
218.489
Recordkeeping for Air Pollution Control Equipment
SUBPART V: BATCH OPERATIONS AND AIR OXIDATION PROCESSES
Section
218.500
Applicability for Batch Operations
218.501
Control Requirements for Batch Operations
218.502
Determination of Uncontrolled Total Annual Mass Emissions and
Average Flow Rate Values for Batch Operations
218.503
Performance and Testing Requirements for Batch Operations
218.504
Monitoring Requirements for Batch Operations
218.505
Reporting and Recordkeeping for Batch Operations
218.506
Compliance Date
218.520
Emission Limitations for Air Oxidation Processes
218.521
Definitions (Repealed)
218.522
Savings Clause
218.523
Compliance
218.524
Determination of Applicability
218.525
Emission Limitations for Air Oxidation Processes
218.526
Testing and Monitoring
218.527
Compliance Date (Repealed)
7
SUBPART W: AGRICULTURE
Section
218.541
Pesticide Exception
SUBPART X: CONSTRUCTION
Section
218.561
Architectural Coatings
218.562
Paving Operations
218.563
Cutback Asphalt
SUBPART Y: GASOLINE DISTRIBUTION
Section
218.581
Bulk Gasoline Plants
218.582
Bulk Gasoline Terminals
218.583
Gasoline Dispensing Operations - Storage Tank Filling Operations
218.584
Gasoline Delivery Vessels
218.585
Gasoline Volatility Standards
218.586
Gasoline Dispensing Operations - Motor Vehicle Fueling Operations
SUBPART Z: DRY CLEANERS
Section
218.601
Perchloroethylene Dry Cleaners
218.602
Applicability
218.603
Leaks
218.604
Compliance Dates (Repealed)
218.605
Compliance Plan (Repealed)
218.606
Exception to Compliance Plan (Repealed)
218.607
Standards for Petroleum Solvent Dry Cleaners
218.608
Operating Practices for Petroleum Solvent Dry Cleaners
218.609
Program for Inspection and Repair of Leaks
218.610
Testing and Monitoring
218.611
Applicability for Petroleum Solvent Dry Cleaners
218.612
Compliance Dates (Repealed)
218.613
Compliance Plan (Repealed)
SUBPART AA: PAINT AND INK MANUFACTURING
Section
218.620
Applicability
218.621
Exemption for Waterbase Material and Heatset Offset Ink
8
218.623
Permit Conditions (Repealed)
218.624
Open Top Mills, Tanks, Vats or Vessels
218.625
Grinding Mills
218.626
Storage Tanks
218.628
Leaks
218.630
Clean Up
218.636
Compliance Schedule
218.637
Recordkeeping and Reporting
SUBPART BB: POLYSTYRENE PLANTS
Section
218.640
Applicability
218.642
Emissions Limitation at Polystyrene Plants
218.644
Emissions Testing
SUBPART CC: POLYESTER RESIN PRODUCT MANUFACTURING PROCESS
Section
218.660
Applicability
218.666
Control Requirements
218.667
Compliance Schedule
218.668
Testing
218.670
Recordkeeping and Reporting for Exempt Emission Units
218.672
Recordkeeping and Reporting for Subject Emission Units
SUBPART DD: AEROSOL CAN FILLING
Section
218.680
Applicability
218.686
Control Requirements
218.688
Testing
218.690
Recordkeeping and Reporting for Exempt Emission Units
218.692
Recordkeeping and Reporting for Subject Emission Units
SUBPART FF: BAKERY OVENS
Section
218.720
Applicability (Repealed)
218.722
Control Requirements (Repealed)
218.726
Testing (Repealed)
218.727
Monitoring (Repealed)
218.728
Recordkeeping and Reporting (Repealed)
218.729
Compliance Date (Repealed)
9
218.730
Certification (Repealed)
SUBPART GG: MARINE TERMINALS
Section
218.760
Applicability
218.762
Control Requirements
218.764
Compliance Certification
218.766
Leaks
218.768
Testing and Monitoring
218.770
Recordkeeping and Reporting
SUBPART HH: MOTOR VEHICLE REFINISHING
Section
218.780
Emission Limitations
218.782
Alternative Control Requirements
218.784
Equipment Specifications
218.786
Surface Preparation Materials
218.787
Work Practices
218.788
Testing
218.789
Monitoring and Recordkeeping for Control Devices
218.790
General Recordkeeping and Reporting
218.791
Compliance Date
218.792
Registration
218.875
Applicability of Subpart BB (Renumbered)
218.877
Emissions Limitation at Polystyrene Plants (Renumbered)
218.879
Compliance Date (Repealed)
218.881
Compliance Plan (Repealed)
218.883
Special Requirements for Compliance Plan (Repealed)
218.886
Emissions Testing (Renumbered)
SUBPART PP: MISCELLANEOUS FABRICATED PRODUCT MANUFACTURING
PROCESSES
Section
218.920
Applicability
218.923
Permit Conditions (Repealed)
218.926
Control Requirements
218.927
Compliance Schedule
218.928
Testing
10
SUBPART QQ: MISCELLANEOUS FORMULATION MANUFACTURING PROCESSES
Section
218.940
Applicability
218.943
Permit Conditions (Repealed)
218.946
Control Requirements
218.947
Compliance Schedule
218.948
Testing
SUBPART RR: MISCELLANEOUS ORGANIC CHEMICAL MANUFACTURING
PROCESSES
Section
218.960
Applicability
218.963
Permit Conditions (Repealed)
218.966
Control Requirements
218.967
Compliance Schedule
218.968
Testing
SUBPART TT: OTHER EMISSION UNITS
Section
218.980
Applicability
218.983
Permit Conditions (Repealed)
218.986
Control Requirements
218.987
Compliance Schedule
218.988
Testing
SUBPART UU: RECORDKEEPING AND REPORTING
Section
218.990
Exempt Emission Units
218.991
Subject Emission Units
Section 218.Appendix A:
List of Chemicals Defining Synthetic Organic Chemical
and Polymer Manufacturing
Section 218.Appendix B:
VOM Measurement Techniques for Capture Efficiency
Section 218.Appendix C:
Reference Methods and Procedures
Section 218.Appendix D:
Coefficients for the Total Resource Effectiveness Index
(TRE) Equation
Section 218.Appendix E:
List of Affected Marine Terminals
Section 218.Appendix G:
TRE Index Measurements for SOCMI Reactors and
Distillation Units
Section 218.Appendix H:
Baseline VOM Content Limitations for Subpart F,
11
Section 218.212 Cross-Line Averaging
AUTHORITY: Implementing Section 10 and authorized by Section 28.5 of the Environmental
Protection Act [415 ILCS 5/10 and 28.5].
SOURCE: Adopted at R91-7 at 15 Ill. Reg. 12231, effective August 16, 1991; amended in
R91-24 at 16 Ill. Reg. 13564, effective August 24, 1992; amended in R91-28 and R91-30 at
16 Ill. Reg. 13864, effective August 24, 1992; amended in R93-9 at 17 Ill. Reg. 16636,
effective September 27, 1993; amended in R93-14 at 18 Ill. Reg. at 1945, effective January
24, 1994; amended in R94-12 at 18 Ill. Reg. at 14973, effective September 21, 1994;
amended in R94-15 at 18 Ill. Reg. 16392, effective October 25, 1994; amended in R94-16 at
18 Ill. Reg. 16950, effective November 15, 1994; amended in R94-21, R94-31 and R94-32 at
19 Ill. Reg. 6848, effective May 9, 1995; amended in R94-33 at 19 Ill. Reg. 7359, effective
May 22, 1995; amended in R96-13 at 20 Ill. Reg. 14428, effective October 17, 1996;
amended in R97-24 at 21 Ill. Reg. 7708, effective June 9, 1997; amended in R98-___, at
___Ill. Reg. _____, effective _________.
BOARD NOTE: This Part implements the Environmental Protection Act as of July 1, 1994
.
12
SUBPART QQ: MISCELLANEOUS FORMULATION MANUFACTURING PROCESSES
Section 218.940 Applicability
a)
Maximum theoretical emissions:
1)
A source is subject to this Subpart if it contains process emission units
not regulated by Subparts B, E, F (excluding Section 218.204(l)), H
(excluding Section 218.405), Q, R, S, T (excluding Section 218.486),
V, X, Y, Z or BB of this Part, which as a group both:
A)
Have maximum theoretical emissions of 90.7 Mg (100 tons) or
more per calendar year of VOM, and
B)
Are not limited to less than 90.7 Mg (100 tons) of VOM
emissions per calendar year in the absence of air pollution control
equipment through production or capacity limitations contained in
a federally enforceable permit or a SIP or FIP revision.
2)
If a source is subject to this Subpart as provided above, the requirements
of this Subpart shall apply to a source's miscellaneous formulation
manufacturing process emission units which are not included within any
of the categories specified in Subparts B, E, F, H, Q, R, S, T, V, X, Y,
Z, AA, or BB of this Part.
b)
Potential to emit:
1)
A source is subject to this Subpart if it has the potential to emit 22.7 Mg
(25 tons) or more of VOM per year, in aggregate, from emission units
that are:
A)
Not regulated by Subparts B, E, F, H, Q, R, S, T (excluding
Section 218.486), V, X, Y, Z, or BB of this Part, or
B)
Not included in any of the following categories: synthetic organic
chemical manufacturing industry (SOCMI) distillation, SOCMI
reactors, wood furniture, plastic parts coating (business
machines), plastic parts coating (other), offset lithography,
industrial wastewater, autobody refinishing, SOCMI batch
processing, volatile organic liquid storage tanks and clean-up
solvents operations.
13
2)
If a source is subject to this Subpart as provided above, the requirements
of this Subpart shall apply to a source's miscellaneous formulation
manufacturing process emission units which are:
A)
Not included within any of the categories specified in Subparts B,
E, F, H, Q, R, T, V, X, Y, Z, AA, BB, CC, or DD of this Part,
or
B)
Not included in any of the following categories: synthetic organic
chemical manufacturing industry (SOCMI) distillation, SOCMI
reactors, wood furniture, plastic parts coating (business
machines), plastic parts coating (other), offset lithography,
industrial wastewater, autobody refinishing, SOCMI batch
processing, volatile organic liquid storage tanks and clean-up
solvents operations.
c)
If a source ceases to fulfill the criteria of subsections (a) and/or (b) above, the
requirements of this Subpart shall continue to apply to a miscellaneous
formulation manufacturing process emission unit which was subject to the
control requirements of Section 218.946 of this Part.
d)
No limits under this Subpart shall apply to emission units with emissions of
VOM to the atmosphere less than or equal to 2.3 Mg (2.5 tons) per calendar
year if the total emissions from such emission units not complying with this
Section does not exceed 4.5 Mg (5.0 tons) per calendar year.
e)
For the purposes of this Subpart, an emission unit shall be considered regulated
by a Subpart if it is subject to the limits of that Subpart. An emission unit is
considered not regulated by a Subpart if it is not subject to the limits of that
Subpart, e.g., the emission unit is covered by an exemption in the Subpart or
the applicability criteria of the Subpart are not met.
f)
For the purposes of this Subpart, VOM emissions in the absence of air pollution
control equipment are the emissions of VOM which would result if no air
pollution control equipment were used.
g)
The control requirements in Subpart QQ shall not apply to sewage treatment
plants; vegetable oil extraction and processing; coke ovens (including by-
product recovery plants); fuel combustion units; bakeries; barge loading
facilities; jet engine test cells; production of polystyrene foam insulation board
including storage and extrusion of scrap where blowing agent is added to the
polystyrene resin at the source, but not including blending and preliminary
expansion of resin prior to molding where blowing agent is incorporated into the
polystyrene resin by the producer of the resin; production of polystyrene foam
14
packaging not including blending and preliminary expansion of resin prior to
molding where blowing agent is incorporated into the polystyrene resin by the
producer of the resin and not including storage and extrusion of scrap where
blowing agent is added to the polystyrene resin at the source; and iron and steel
production.
h) The control requirements of this Subpart shall not apply to the solvation mixers
at the container sealant manufacturing facility located at 6050 West 51st Street
in Chicago, Illinois.
(Source: Amended at 18 Ill. Reg. 1945, effective January 24, 1994; amended in R98-___, at
Ill. Reg. _____, effective __________.)
IT IS SO ORDERED.
Board Members R. Flemal and J. Meyer dissented.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above opinion and order was adopted on the day of 1997, by a vote of .
___________________________________
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board