ILLINOIS POLLUTION CONTROL BOARD
January 10, 1991
IN THE MATTER OF:
)
AMENDMENTS TO 35 ILL.
)
R88-14
ADM. CODE 211 AND 215
)
(Rulemaking)
(PHARMACEUTICALS)
)
PROPOSED RULE.
SECOND NOTICE.
PROPOSED ORDER OF THE BOARD
(by J.D.
Dumelle)
This matter
is before the Board on a Joint Motion filed on
May 8,
1990 by Abbott Laboratories (“Abbott”)
and the
Illinois
Environmental Protection Agency (“Agency”).
The proposal was
adopted by the Board for First Notice on May 10, 1990.
In the
interim, negotiations have continued between the participants
in
addition to consultation with the USEPA.
Both Abbott as well as
the Agency have filed comments encouraging the Board to proceed
to Second Notice.
The Board will do so today.
Procedural History
Abbott
first filed this proposed rulemaking in May of 1988
as a result of what the company perceived to be deficiencies
in
R86-l0,
the
RACT
Pharmaceutical Manufacturing Regulations adopted
by the Board on April
7, 1988.
During the promulgation of R86—l0
and up until the present, both the Board and the USEPA has
undertaken rulemakings regarding RACT regulations.
In R89—16,
the Board adopted numerous regulations as part of its State
Implementation Plan (SIP).
The USEPA has also promulgated RACT
regulations under
its duty to develop a Federal Implementation
Plan (Fl?).
Due to the fact that many of these regulations
overlapped and Abbott felt that some were impossible to “live
with”,
the company sought site specific relief
in May of 1988.
After five hearings
and four amended
proposals, Abbott,
the
Agency and the USEPA transformed the regulation into one of
general applicability which would constitute a SIP revision.
Both Abbott and the Agency,
however, have indicated that USEPA
approval will not be forthcoming until the Board corrects the
definition of Volatile Organic Material
(VOM) as
it appears
in
R89—16.
The participants filed a joint proposal to this effect
on November
13, 1990 and the Board has made the appropriate
revisions in the Second Notice package.
Board
Action
Because Abbott, the Agency and the USEPA have been involved
in protracted negotiations which encompass not only this rule,
but R89—16, R86—l0 and the ramifications which have transpired as
118—77
a result of Wisconsin v. Reilly,
the Board is more than willing
to adopt a rule which represents both an environmental benefit as
well as regulatory uniformity between state end federal
jurisdictions.
It is estimated that the emissions reduction as a
result of this joint proposal will be at least
32.3 tons per year
in the North Chicago Area.
ORDER
The proposed amendments are hereby adopted for Second Notice
and the Clerk
is directed to submit the proposal to the Joint
Committee on Administrative Rules.
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE B:
AIR POLLUTION
CHAPTER I:
POLLUTION CONTROL BOARD
SUBCHAPTER
C:
EMISSION 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 Units
SUBPART B:
DEFINITIONS
Section
211.121
Other Definitions
211.122
Definitions
Appendix A
Rule into Section Table
Appendix B
Section into Rule Table
AUTHORITY:
Implementing Sections
9 and 10 and authorized by
Section
27 of the Environmental Protection Act
(Ill.
Rev. Stat.
1987,
ch.
111k, pars.
1009,
1010 and 1027).
SOURCE:
Adopted as Chapter
2:
Air Pollution, Rule 201:
Definitions, R7l—23,
4 PCB 191,
filed and effective April
14,
1972; amended in R74—2 and R75—5,
32 PCB 295,
at
3
Ill.
Reg.
5,
p.
777, effective February 3,
1979; amended in R78—3 and
4,
35
PCB 75 and 243, at
3
Iii. Reg.
30,
p.
124, effective July
28,
1979;
amended in R80—5,
at
7
Ill. Reg.
1244,
effective January
21,
1983; codified at
7
Ill. Reg.
13590; amended in R82—l
(Docket
A)
at
10
Ill. Reg.
12624, effective July
7,
1986; amended in R85—
21(A) at
11
Ill. Reg.
11747, effective June 29,
1987; amended in
R86—34 at 11
Ill. Reg. 12267, effective July 10,
1987; amended
in
R86—39 at 11 Ill.
Reg. 20804, effective December 14,
1987;
118—78
amended in R82—l4 and R86—37 at 12
Ill. Reg. 787, effective
December 24,
1987;
amended in R86—18 at 12
Ill. Reg. 7284,
effective April
8,
1988;
amended in R86—lO at 12 Ill Reg. 7621,
effective April 11,
1988; amended in R88—23 at 13 Ill.
Reg.
10862,
effective June 27,
1989; amended in R89—8 at
13
Ill. Reg.
17457,
effective January 1, 1990; amended
in R89—l6(A)
at 14
Ill.
Reg.
9141, effective May 23,
1990;
amended in R88—l4 at 14
Ill.
Reg.
_____________
effective
__________________*
SUBPART B:
DEFINITIONS
Section 211.122
Definitions
“Organic Compound”:
Any compound of carbon, excluding
carbon
monoxide, carbon dioxide, carbonic acid, metal carbides or
carbonates, and aminonium carbonate.
“Volatile Organic Material”
or “Ve3a~~eergan~eMa~erte3e~en~
~VoMet”:
The
em~eeierte
of v~~e
ergart4e me~er~e~
whie~’twe~d
re~3~from the expeetire of ~ ee~g7
prin~4rtg
~k7
fotit~~in
~o3tii~e~i
~i~reepray7 dry e~eat~ir~g
wae~eor
ether
s~m4~ar
ma~eri:a~
th the a4r~4rtc~ttd4ngarty dry4rtg or
etirtrtg7
~rt
the
ebaertee of
arty eert~ro~e~titpmert~
ve~e
4e ~yp4ea~y
expre~,edac
k4~egraM~kg~ VeM~4~er(-‘b VOM~ge~en~
of eo~rt~or coa~4rtg
so~idaior kg YeM7’kg ~b V~M~btof eoa~4rtgma~er4e~
Any organic ma~er~a~
compound which participates in atmospheric
photochemical reactions unless specifically exempted from this
definition.
For purposes of determining compliance with emission
limits, Vvolatile organic material em
e~orteshall be measured by
the reference test methods apee~f4eedtinder 48 ~FR 687 Appertd~xA
f~986t‘~noftithre amendmert~eor edi~4ensare 4ne~tided)-
incorporated by reference in
35
Ill. Mm. Code 215.105.
Where
such a method also inadvertently measures compounds with
negligible photochemical reactivity, an owner or operator may
exclude these negligibly reactive compounds.
For purposes of this definition,
the following organic compounds
have been determined to have negligible photochemical reactivity
and are not volatile organic materials:
Chlorodifluoroethane
(HCFC—l42b)
Chlorodifluoromethane
(CFC—22)
Chloropentafluoroethane
(CFC—l15)
Dichlorodifluoromethane
(CFC—12)
Dichiorofluoroethane
(HCFC—l4lb)
Dichiorotetrafluoroethance (CFC—l14)
Dichlorotrifluoroethane
(HCFC—123)
Ethane
Methane
Dichloromethane (Methlene chloride)
118—7 9
Tetrafluoroethane (HFC—l34a)
1,1,1, Trichloroethane (Methyl chloroform)
Trichlorofluoromethane (CFC—ll)
Trichiorotrifluoromethane (CFC—1l3)
Trifluoromethane (FC—23)
“Volatile Organic Material Content” or “VOMC”:
the emissions of
volatile organic material which would result from the exposure of
a coating, printing ink, fountain solution,
tire spray,
dry
cleanin~waste or other similar material to the air, including
any drying or curing,
in the absence of any control equipment.
VOMC is typically expressed as kilogram
(kg) VOM/liter
(lb
VOM/gallon)
of coating or coating solids, or kg VOM/kg
(lb
VOM/lb) of coating solids, of coating material or material.
(Source:
Amended at 14 Ill. Reg.
_____,
effective_____________
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board hereby certify that
e above Order was adopted on
the
/O~i-
day of
~
1991 by a vote
Dorothy M.
G14hn, Clerk
Illinois Pol.&ution Control Board
118—80