ILLINOIS POLLUTION CONTROL BOARD
September
13, 1989
IN THE MATTER OF:
)
CONTINUOUS MONITORING RULES
)
R89-7, Docket A
AND
REPEAL OF NEW SOURCE
)
R89-7, Docket B
PERFORMANCE STANDARDS AND
)
HAZARDOUS AIR POLLUTANT
)
REGULATIONS
)
PROPOSED RULE.
SECOND NOTICE.
OPINION AND ORDER OF THE BOARD (by J.
D. Dumelle):
On May 11,
1989,
the Board, on its own motion, proposed the
above—captioned rulemaking
for First Notice.
This rulemaking
encompasses both
a proposed amendment
to correct
35
Ill. Adm.
Code 201.405 and a proposed repeal of
35
Ill. Adm. Code Sections
230 and 231
in their entirety.
Section 201.405 pertains
to
continuous monitoring
rules.
Sections 230 and 231 pertain to New
Source Performance Standards
(“NSPS”) and National Emissions
Standards
for Hazardous Air Pollutants
(“NESHAPS”),
respectively.
The proposed amendment
to correct Section
201.405
was published
in the Illinois Register on June
9,
1989.
The
proposed repeal of Sections 230 and 231 was published in the
Illinois Register on June
16,
1989.
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.
The deadline for submitting written
public comments was September
6,
1989.
No comments were filed
with the Board regarding this proceeding during that period.
As
explained below,
the Board
is splitting
this proceeding
into two
dockets.
Docket A,
the correction
to Section 201.405,
is being
sent to Second Notice.
Docket
B, the repeal of Section 230 and
231,
will be sent back
to First Notice by a separate Board Order.
At the August
16,
1989 hearing,
the Illinois Environmental
Protection Agency (“Agency~) requested that the Board separate
the correction of Section 201.405 and the repeal
of Section 230
and 231 into two separate dockets
so that
the correction
to
Section 201.405 could proceed as expeditiously as possible.
The
Agency stated that since
the repeal
of
Sections 230 and 231 has
ramifications for other portions of the Board’s air pollution
control regulations, that portion of this rulemaking may take
10
3~-407
—2—
longer than previously anticipated.
Additionally,
the Agency
stated that the consent decree covering the continuous monitoring
regulations (Section 201) contains deadlines which will
not be
jeopardized if the Board moves quickly in correcting Section
201.405.
The Illinois Manufacturers Association (“IMA”) also
stated that it supports splitting the docket and urged the Board
to proceed on
a fast track with the correction to Section
201.405.
The Board agrees with the Agency and the
IMA
that the docket
should be split in this proceeding
in order
to expeditiously
correct Section 201.405.
Thus,
the correction to Section 201.405
will be sent to Second Notice as R89—7A.
The only change from
the proposed amendment for First Notice is that the phrase
“requirements of this Subpart”
is inserted in the first sentence
between “monitoring” and
“shall”.
The repeal of Sections 230 and
231 will be sent back to First Notice as R89—7B since other
affected sections will also have to be amended.
The Board does
not anticipate holding more hearings
in Docket
B since
the repeal
of Sections
230 and
231 were addressed
in the August 16th and
23rd hearings and no further comments have been filed.
ORDER
The Board hereby adopts
the following amendments
to
35
Ill.
Adm. Code 201 for Second Notice review.
The Clerk
is directed to
submit these proposed amendments as R89—7A to the Joint Committee
on Administrative Rules.
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 A:
DEFINITIONS
Section
201.101
Other Definitions
201.102
Definitions
201.103
Abbreviations and Units
201.104
Incorporations by Reference
SUBPART
B:
GENERAL PROVISIONS
Section
201.121
Existence of Permit No Defense
201.122
Proof of Emissions
201.123
Burden of Persuasion Regarding Exceptions
103—498
—3—
201.124
201.125
201.126
Section
201.152
201.153
201.154
201 .155
201.156
201.157
201.158
201.159
201.160
201.161
201.162
201.163
201.164
201.165
Section
201.241
201.242
201.243
Annual Report
Severability
Repealer
SUBPART
C:
PROHIBITIONS
Prohibition of Air Pollution
Construction Permit Required
Operating Permits for New Sources
Operating Permits for Existing Sources
Exemptions from Permit Requirement
Former Permits
Operation Without Compliance Program and Project
Completion Schedule
Operation During Malfunction, Breakdown or Startups
Circumvention
Design of Effluent Exhaust Systems
SUBPART D:
PERMIT APPLICATIONS
AND REVIEW PROCESS
Contents of Application for Construction Permit
Incomplete Applications
Signatures
Standards for Issuance
Conditions
Contents of Application for Operating Permit
Incomplete Applications
Signatures
Standards for Issuance
Conditions
Duration
Joint Construction and Operating Permits
Design Criteria
Hearings
SUBPART
F:
RENEWAL, REVOCATION,
REVISION
AND APPEAL
Revocation
Revisions
to Permits
Appeals from Conditions
SUBPART H:
COMPLIANCE PROGRAMS AND
PROJECT COMPLETION SCHEDULES
Contents of Compliance Program
Contents of Project Completion Schedule
Standards for Approval
Section
201.141
201.142
201
.
143
201.144
201.146
201.147
201.148
201.149
201.150
201.151
Section
201.207
201.209
201.210
103-~492
—4—
201.244
Revisions
201.245
Effects of Approval
201.246
Records and Reports
201.247
Submission and Approval Dates
SUBPART
I:
MALFUNCTIONS, BREAKDOWNS OR STARTUPS
Section
201.261
Contents of Request for Permission to Operate
During
a Malfunction, Breakdown or Startup
201.262
Standards for Granting Permission to Operate During
a Malfunction, Breakdown or Startup
201.263
Records and Reports
201.264
Continued Operation or Startup Prior
to Granting of
Operating Permit
201.265
Effect
of Granting of Permission to Operate During
a Malfunction, Breakdown or
Startup
SUBPART
J:
MONITORING AND TESTING
Section
201.281
Permit Monitoring Equipment Requirements
201.282
Testing
201.283
Records and Reports
SUBPART
K:
RECORDS AND REPORTS
Section
201.301
Records
201.302
Reports
SUBPART L:
CONTINUOUS MONITORING
Section
201.401
Continuous Monitoring Requirements
201.402
Alternative Monitoring
201.403
Exempt Sources
201.404
Monitoring System Malfunction
201.405
Excess Emission Reporting
201.406
Data Reduction
201.407
Retention of
Information
201.408
Compliance Schedules
Appendix A
Rule Into Section Table
Appendix
B
Section Into Rule Table
Appendix
C
Past Compliance Dates
AUTHORITY:
Implementing Section
10 and authorized
by Section
27
of the Environmental Protection Act
(Ill.
Rev.
Stat.
1987,
ch.
l11~,pars.
1010 and 1027)
SOURCE:
Adopted as Chapter
2:
Air Pollution,
Part
I:
General
Provisions,
in R71—23,
4 PCB 191,
filed and effective April
14,
103--500
—5—
1972; amended
in R78—3 and
4,
35 PCB
75 and 243,
at
3 Ill. 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.
13579; amended
in R82—l
(Docket A) at
10 Ill.
Reg.
12628,
effective July 7,
1986; amended in R87—38 at
13
Iii.
Reg. 2066,
effective February
3,
1989; amended
in R89—7A at
_____
Ill.
Reg.
______________,
effective ____________________________
Section 201.405
Excess Emission Reporting
Owners and operators of sources subject
to the continuous
monitoring requirements of
this Subpart shall
report the
following information:
~er~
p~eeb~e~e the
ttree~- The rep~r~
~he~ eei~
of e~ion averege~~ir~the
~
of
the
epp~cab)e
m4~o~
for
e~eh
ere~ingperiod dtir4r~gwhieh
the
~~4on
wa~exeeeded7
a)
For periods
of emissions
in excess of any emission
limitation adopted by the Board:
~j
The starting date and time of the excess emissions
2)
The duration of the excess emissions
3)
The magnitude of excess emissions
4)
The cause of the excess emissions,
if known
5)
Corrective actions and actions taken to lessen the
emissions
6)
The operating status of
the monitoring
system,
including the dates and times of any periods during
which
it was inoperative; and
7)
Other
information,
including but not limited
to,
monitoring
location, monitoring maintenance records
and source operating hours, which the Agency may
require by permit.
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 applicable 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.
103—50 1
—6--
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 state and include
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:
Added at
13
Ill. Reg. 2066 effective February
3,
1989)
IT
IS SO ORDERED.
I, Dorothy
M. Gunn, Clerk of
the Illinois Pollution Control
Board, hereby cer~.i~ythat th~’above Opinion and Order was
adopted on the
/.-‘~-~
day of~/~Z~e2-
,
1989,
by a vote
of
7-o
.
/
~
/i~
Dorothy M./,Cunn, Clerk
Illinois Pollution Control Board
103—502