ILLINOIS POLLUTION CONTROL BOARD
November
15,
1989
IN THE MATTER OF:
R89—7
(Docket
A)
CONTINUOUS MONITORING RULES
)
(Rulemaking)
ADOPTED RULE.
FINAL ORDER.
OPINION
AND
ORDER OF THE BOARD
(by J.D.
Dumelle):
On May
hr
1989,
the Board,
on its own motion, proposed
R89—7
In re: Continuous Monitoring Rules and Repeal of New Source
Performance Standards and Hazardous Air Pollution Regulations for
First Notice.
On June
22,
1989 the Board determined
that
it was
not necessary to prepare an economic impact study
for this
proceeding.
The Board held two hearings
in this matter,
one
in
Chicago on August
16,
1989 and
the other
in Urbana on August
23,
1989.
As the result of comments
at hearing by the Illinois
Environmental Protection Agency
(“Agency”)
and the Illinois
Manufacturers Association (“IMA”),
the Board split
this
proceeding
into two dockets on September
13,
1989.
Docket A
contains the correction to
35
Ill. Adm.
Code 201.405,
of
the
Continuous Monitoring Rules.
Docket
B contains the repeal of
35
Ill.
Adm.
Code
230 and 231,
the New Source Performance Standards
and Hazardous Air Pollutant Regulations.
Today the Board
is proposing R89—7(A),
the correction
to
35
Ill.
Adm.
Code
201.405
of the Continuous Monitoring Rules,
for
final adoption.
Section 201.405 was the subject
of
a previous
Board rulemaking proceeding
in R87—38.
After
fulfilling the
rulemaking requirements
of the Illinois Administrative Procedure
Act
(APA),
the Board adopted Section 201.405
on December
15,
1988.
In the Board’s
final Order, Section 201.405 consisted of
five subsections,
(a)
through
(e).
However,
the Board’s
submission of the adopted
rules
to the Secretary o~State was
incorrect.
Although the Illinois Register copy correctly set
forth Section
201.405,
the official Secretary
of State’s
tile
copy inadvertently omitted subsections
(a) and
(b)
.
Thus,
the
official copy of Section 201.405 did not correctly represent the
substantive provisions agreed upon by the R87—38
joint proponents
and thereafter
adopted by the Board.
This rulemaking corrects
the official copy of Section 201.405
to accurately represent
the
Bc~ard’s intent
in R87-38.
On September
13,
1989
the Board proposed this rulemaking,
R89—7 Docket
A,
for Second Notice and forwarded the Second Notice
package to the Joint Committee on Administrative Rules
1115275
(“JCAR”).
The only change from First Notice
to Second
Notice was
that the phrase “requirements of
this Subpart” was inserted in
the first sentence between “monitoring” and “shall”.
On
September 22,
1989 the Board received a letter from JCAR stating
that the Second Notice Period began on September 18,
1989 and
would end November
2,
1989.
JCAR’s September
22,
1989
letter
also included a statement
of
general problems and questions
concerning
the proposed rulemaking.
JCAR’s statement pointed out
that two additional changes relating
to agreements between the
Board and JCAR had not been inserted.
As
a result,
the Board
agreed to make the following changes
in its final proposal:
1.
Add “applicable
to the source” after
“limitation” in Section
201.405(a)
as
previously agreed to
in R87—38.
2.
Delete the word “applicable” before
“emission”
in Section
201.405(b).
On October
20,
1989 JCAR served the Board with a
Certification of No Objection regarding this rulemaking.
Since
all corrections
to Section 201.405 have been made
in this
rulemaking,
as agreed to by the Board,
the proponents and JCAR in
R87—38, the Board hereby adopts the following amendment
to the
Illinois Administrative Code.
ORDER
The Board hereby adopts
the following amendments
to be filed
with the Secretary of State.
Sect~:n 201.405
Excess Emission ReportinO
Owners and operators of sources subject
to the continuous
monitoring requirements
of this Subpart
shall
report the
following information:
~
~pp+~able
te the ~e~ee~-
~e
~ep~
~hei~
~
~f ~
e~age~
irt the ~
o~Ethe epp~eab~e
fer
each ave
~rtg
peried &~~ngwhich
the ~
wea exeeeded-
a)
For periods of emissions
in excess of any emission
limitation applicable to the source adopted by the
Board:
The starting date and time of
the excess emissions
2)
The duration of
the excess emissions
~j
The magnitude of excess emissions
~J
The cause of the excess emissions,
if known
1115—276
~J
Corrective actions and actions taken
to lessen the
emissions
~J
The operating status
of the monitoring system,
including the dates and times
of any periods during
which it was inoperative; and
~j
Other information,
including but not limited to,
monitoring location, monitoring maintenance records
and source operating hours, which the Agency may
require by permit.
~J
For gaseous sulfur dioxide,
percent oxygen,
or carbon
dioxide
measurements,
the
averaging
period
used
for
data
reporting shall correspond
to the averaging period used
to
determine
compliance
with
the
emission
limitation
applicable to the source.
The report shall
consist of
emission
averages
in
the
units
of
the
applicable
limitation
for
each
averaging
period
during
which
the
limitation
was
exceeded.
C)
For
opacity
measurements,
the
report
shall
be
based
on
six minute averages of opacity and contain.
1)
The percent opacity for each continuous opacity
excess period; and
2)
The start and stop time
in six minute increments of
any opacity measurements
in excess of the
limitation.
d)
If there were
no excess emissions during the reporting
period,
the report shall
so stete
and
inciud~
information about
the operating status of the monitoring
equipment during that period.
e)
Reports
shall be submitted within
45 days of
the end of
every calendar quarter.
(SOURCE:
Amended
at
Ill.
Reg.
____
effective
___________
IT
IS SO ORDERED.
I, Dorothy
M. Gunn, Clerk of the Illinois Pollution Control
Board,
hereby certify
that the.above Opinion and Order was
adopted
on
the
/~P’-~
day of
~
,
1989,
by a vote
of
7~’
.
//
~
~
~“Dorothy M.4/Gunn,
Clerk
Illinois ‘1Pollution Control Board
1115-277