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

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