ILLINOIS POLLUTION CONTROL BOARD
August 13,
1992
IN THE MATTER OF:
)
EXPANSION OF APPLICABILITY OF
)
REASONABLY AVAILABLE CONTROL
)
TECHNOLOGY FOR OZONE TO GOOSE
)
R91-28
LAKE
AND AUX SABLE TOWNSHIPS IN
)
(Rulemaking)
GRUNDY COUNTY,
ILLINOIS,
AND
)
OSWEGO TOWNSHIP IN KENDALL COUNTY
)
ILLINOIS:
AMENDMENTS TO 35
ILL.
)
ADM. CODE PARTS 215 AND 218
)
Adopted Rule.
Final Order.
OPINION AND ORDER OF THE BOARD
(by R.C. Flemal):
This matter comes before the Board upon the proposal of the
Illinois Environmental Protection Agency
(Agency)
to amend
portions of 35
Ill. Adm. Code 215 and 218.
Today the Board
adopts the amendments essentially as proposed.
The amendments
concern modification of the area designated as the Chicago ozone
nonattainment area.
The amendments would expand the area to
include three additional townships:
Goose Lake and AUX Sable
Townships in Grundy County and Oswego Township in Kendall County.
The effect of the expansion is to bring certain stationary
sources of volatile organic material
(VOM)
emissions located
within the three townships under the charge of the Board’s
reasonably available control technology
(RACT)
regulations found
at 35
Ill.
AdTfl. Code
218’.
The Board wishes to acknowledge the special contribution
made to this proceeding by Board attorney Michelle C. Dresdow in
her roles as hearing officer, contact person, and advisor in
drafting of the several opinions and orders.
PROCEDURAL HISTORY
In anticipation of the need to promulgate regulations
required under Title
I of the 1990 Amendments to the Federal
Clean Air Act
(CAA), Public Law 101—549, the Board on October 24,
In addition to the Chicago area RACT regulations found at 35
Ill.
Adm. Code 218, RACT regulations applicableto the Metro-East
area occur at 35 Ill. Adm. Code 219;
35 Ill. Adm. Code 215 contains
RACT regulations applicable to areas
other than the Chicago and
Metro-East nonattainment areas.
0135-01307
2
1991 opened this and several related dockets2.
The expressed
purpose of opening these dockets was to:
1)
Facilitate notification of the pending ruleinakings;
2)
Solicit views of interested person on the
timing of the various rulemaking proceedings;
and
3)
Ensure, to the maximum extent possible, that
the ruletnakings would be completed in a
timely fashion.
Action in several of these dockets has now been completed;
several others are. currently active, and in several other dockets
proposals have yet to be filed with the Board.
In the immediate
docket the Agency filed its proposal for rulemaking on February
18,
1992.
By order of February 27,
1992, the Board accepted the
Agency’s proposal for hearing and also accepted the Agency’s
certification that this rulemaking is federally required pursuant
to Section 28.2 of the Environmental Protection Act (Act),
Ill.
Rev.
Stat.
1991,
ch.
111½,
par.l028.2,
as amended by P.A. 86—
1409.
By order of March
11,
1992, the Board sent this proposal to
first notice, pursuant to Section 5.01 of the Illinois
Administrative Procedure Act
(APA),
Ill.
Rev.
Stat.
1991,
ch.
127,
par.
1001 et seq.
First notice publication occurred at
16
Ill.
Reg.
4682 and 4693, March 27,
1992.
The Board took no
substantive position on the merits of the proposal as part of the
first notice adoption order.
Hearing was held on May 12,
1992 in Oswego,
Illinois.
The
Agency presented testimony on the proposed amendments,
and
offered itself for questions from the Board and the interested
public.
A post-hearing comment period extended to Nay 27,
1992.
Five public comments have been received by the Board.
In
public comment #1 the United States Environmental Protection
Agency
(USEPA) acknowledges receipt of the Board’s October
24,
1991 order opening this docket.
In public comment #2 the
Administrative Code Division
(Code Division)
of the Office of the
Secretary of State notes changes necessary to conform the
2
Covered
in
this package are regulations directed to facets
of
PACT,
Stage
II
vapor
recovery,
employee trip reduction,
SO2
emissions,
and PM-b
control,
as
found
in Board
dockets
R91-27
through R9b-37.
•0
I 35-01308
3
proposed rule sections to Code Division standards; these changes
were accepted by the Board at second notice and are retained
today.
In public comment #3 the City of Chicago urges adoption
of the proposed amendments.
In public comment #4 the Illinois
Department of Commerce and Community Affairs reports its finding
of no negative economic impact associated with the proposed
amendments.
In public comment #5 the Agency makes two short
supplements to its hearing comments.
On June 4,
1992, the Board issued a second notice opinion
and order.
The Board then sent the proposal to the Joint
Committee
on
Administrative Rules
(JCAR)
pursuant
to
APA
requirements.
On July 21,
1992,
JCAR
issued its certificate of
no objection to the amendments.
Today the Board adopts the
amendments
in the same form as proposed at second notice.
•
REGULATORY
FRAMEWORK
and FEDERAL REOUIREMENTS
The basic air regulations which are today proposed to be
amended have been adopted by the Board over a number of years
with the purpose of providing for clean air within the State.
Among the most recent significant actions in this arena was the
adoption by the Board on July 25,
1991 of major revisions to
Illinois’ state implementation plan
(SIP)
for the control of
ozone and ozone precursors.
In pertinent part those revisions
applied only to stationary VON sources located in the six Chicago
area counties of Cook, Lake, DuPage, Kane,
McHenry,
and Will.
Specifically not included were any portions of the contiguous
counties, Grundy and Kendall.
The six—county area conformed with the Chicago ozone
nonattainment area,
as then designated by the USEPA.
Conformity
is a necessary element of the SIP,
and in turn of the ability of
Illinois to retain control’ of its own
CAA
program and to avoid
federal sanctions.
Now,
however, USEPA has modified the Chicago ozone
nonattainment area by designating Aux Sable, Goose Lake,
and
Oswego Townships to also be nonattainment for ozone3.
Moreover,
pursuant to the
CAA
Amendments at 42 USC §75lba(d)
Illinois
is
required to submit to USEPA by November
15,
1992 SIP revisions
recognizing the modified nonattainment area.
~ 56
Fed.
Reg.
56694,
November
6,
1991;
codified at
40 CFR
¶81.314.
Under
the normal
course
of
affairs,
the entirety
of
Kendall
and
Grundy
Counties
would
have,
been
designated
nonattaininent by the USEPA; however,
the Agency made appropriate
showings
and
arguments
causing
the
USEPA
to
limit
the .added
designations to just the three townships..
(PC #5 at 2.)
0135-01309
4
By today’s action the Board introduces this modified ozone
nonattainment area into the Board’s regulations.
This is
effectuated by amending three sections of the Board’s RACT rules
at 35
Ill.
Adm. Code: Sections 215.100,
218.103, and 218.106.
Within the first two of these three sections the geographic
limits
of the Chicago nonattainment area are defined; the
provisions
in the third section allow for a timely phase-in of
the applicability of the rules to the three new townships.
The
phase—in period, as recommended by the Agency,
is one year from
the date of required SIP submission
(that
is, November 15,
1993).
AFFECTED SOURCES
The Agency has undertaken a search to identify potentially
affected VON emission sources located within the three townships.
They conclude that there are twelve identifiable stationary
sources of VON emissions.
Of these, the Agency concludes that
seven are already in compliance with the Part 218 regulations,
and therefore do not appear to be impacted by the proposed
amendments.
(Exh.
1 at 8; Tr. at 23.)
The other five4 the
Agency concludes may be required to undertake measures ranging
from recordkeeping and reporting to reduction of emissions.
(Exh.
1 at 8—9; Tr.
at 24)
The Agency invited representatives of each of the twelve
facilities to a meeting held on December 19,
1991; the five
facilities identified as being impacted attended.
The Agency
provided summary emissions data to the impacted facilities and
discussed the proposed amendments.
(Exh.
1 at 7.)
TECHNICAL FEASIBILITY AND ECONOMIC REASONABLENESS
The Part 218 requirements have previously been found to be
technically feasible and economically reasonable as rules of
general applicability.
Today’s amendments add no new technical
requirements.
Additionally, the sources newly affected do not
differ from sources currently covered by Part 218 in any way that
would imply a different technical feasibility and economic
reasonableness determination.
(Exh.
1 at 10; Tr. at 27,
49.)
“
The facilities are Quantum—USI Division,
Akzo
Chemicals, and
Alumax
Mill
Products
located
in
AUX
Sable
Township,
Reichold
Chemicals
located in Goose Lake Township, and Caterpillar
(Aurora
Plant)
located in Oswego Township.
(Exh.
1 at Appendix B;
Tr. at
36)
0135-01310
5
ORDER
The Board directs the Clerk of the Board to submit the text
of the following amendments to the Secretary of State for final
notice pursuant to Section
6 of the APA.
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE B:
AIR POLLUTION
CHAPTER I:
POLLUTION CONTROL BOARD
SUBCHAPTER c:
EMISSIONS
STANDARDS AND
LIMITATIONS FOR
STATIONARY SOURCES
PART 215
ORGANIC MATERIAL EMISSION STANDARDS AND LIMITATIONS
SUBPART A:
GENERAL PROVISIONS
Section
215.100
Introduction
a)
This Part contains standards and limitations for
emissions of organic material from stationary sources
located in areas other than the Chicago area counties
of Cook,
DuPage,
Kane, Lake,
McHenry, and Will,
~
Townships of Aux Sable and Goose Lake in Grundy County.
and the Township of Oswego in Kendall County, and the
Metro
East
area
counties
of
Madison,
Monroe,
and
St.
Clair.
Standards and limitations applying in the
Chicago area are set forth in Part3S
Ill.
Adrn.
Code
218.
Standards and limitations applying in the Metro
East
area
are
set
forth
in
Part35
Ill.
Adm.
Code
219.
1)
Notwithstanding
any
other
provision
of
this
Part,
the provisions of this Part shall not apply to
sources
located
in
the
Chicago
area
counties
of
Cook, DuPage, Kane,
Lake, NcHenry~and Will,
~
Townships of Aux Sable and Goose Lake in Grundv
County,
and the Township of Oswego
in Kendall
County,
unless the ~provisions of 35
Ill. Adm.
Code 218 applicable to such sources
are, voided or
otherwise made ineffective pursuant to Section
218.100 of 35 Ill.
Adin.
Code 218.
2)
Notwithstanding any other provision of this Part,
the provisions of this Part shall not apply to
sources in the Metro East area counties of
Madison, Monroe and St. Clair unless the
provisions of
35 Ill.
Adm. Code
2-19 applicable to
such sources are voided or otherwise made
ineffective pursuant to Section 219.100 of 35
Ill.
Adm. Code 219.
0135-01311
6
b)
Sources subject to this Part may be subject to the
following:
1)
Permits required under
35 Ill. Adm. Code 201;
2)
Air quality standards under
35 Ill. Adm. Code 243.
c)
This Part is divided into Subparts which are grouped as
follows:
1)
Subpart A:
General provisions;
2)
Subparts B
—
J:
Emissions from equipment and
operations
in common to more than one industry;
3)
Subparts K
—
N:
Emissions from use of organic
material;
4)
Subparts N
—
end:
Special rules for various
industry groups.
(Source:
Amended at
____
Ill. Reg.
_________,
effective
___________________________________________________________________________
)
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE B:
AIR POLLUTION
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER c:
EMISSIONS STANDARDS
AND
LIMITATIONS FOR
STATIONARY SOURCES
PART 218
ORGANIC MATERIAL EMISSION STANDARDS AND LIMITATIONS
FOR THE CHICAGO AREA
SUBPART A:
GENERAL PROVISIONS
Section 218.103
Applicability
The provisions of this Part shall apply to all sources located in
Cook,
DuPage,
Kane,
Lake, McHenry~or Will Counties, or Aux Sable
Township or Goose Lake Township in Grundy County.
or Oswego
Township in Kendall County.
a)
The provisions of this Part shall become effective on
July 1,
1991 with the following exceptions:
1)
The provisions of this Part shall become effective
on September
1,
1991 for each appellant,
including
the constituents represented by appellants who are
associations, who has appealed the federal
implementation plan
(FIP)
for the Chicago area
0135-01312
7
(Illinois Regulatory Group v.
USEPA,
No.
90-2778
(and consolidated cases)
(7th Cir.)).
2)
The effectiveness of any provision of this Part
applicable to any individual source or category of
sources which has appealed the FIP shall be stayed
to the extent that such individual source or
category of sources received a stay of the
effectiveness of the FIP from USEPA or from
a
court.
When the court has taken final action or
when USEPA has published in the Federal Register
final action to revise or affirm the provisions of
the FIP specifically applicable to such individual-
source or category of sources or such stay
is
terminated,
the Board shall take corresponding
action,
if necessary, by the adoption of a
peremptory rule pursuant to
35
Ill.
Adm. Code
102.347 and Section 5.03 of the Administrative
Procedure Act
(Ill. Rev.
Stat.
1989,
ch.
127,
ch.
1005.03)
fl
The provisions of this Part shall become effective
on november
15,
1992 for all sources located
in
Aux Sable Township or Goose Lake Township in
Grundy County, or
in Oswe~oTownship in Kendall
County.
b).
The provisions of the Part shall not apply to Viskase
Corporation; Alisteel, Incorporated; Stepan Company; or
Ford Motor Company to the extent such source has
obtained an adjusted standard from the Board or an
exclusion from the General Assembly for any Subpart of
this Part or of P~irt35Ill. Adm. Code 215.
(Source:
Amended at
____
Ill.
Reg.
_________,
effective
Section 218.106
Compliance Dates
~
Compliance with the requirements of this Part is
required by July
1, l991~or September
1,
1991,
for all
sources
located in Cook,
DuPacie, Kane,
Lake, McHenry,
or Will Counties, consistent with the appropriate
provisions of Section 218.103.
~j
Compliance with the requirements of this Part is
required by November 15,
1993,
for all sources located
in Aux Sable Township or Goose Lake Township in Gruridy
County.
or
in Oswego Township
in Kendall County.
(Source:
Amended at
____
Ill.
Reg.
_________,
effectiv.e
0135-01313
8
IT IS SO ORDERED.
I, Dorothy N.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certi~that the above opinion and order was
adopted on the
/i~’-
day of
C-~—~-’z-
,
1992, by a vote
of
7—c
.
Dorothy N. inn,
Clerk
Illinois Pcülution Control Board
0135-013113