1

ILLINOIS POLLUTION CONTROL BOARD

August 24, 2000

Proposed Rule. First Notice.

OPINION AND ORDER OF THE BOARD (by N.J. Melas):

On August 21, 2000, the Illinois Environmental Protection Agency (Agency) filed a proposal to amend 35 Ill. Adm. Code 211 and 217 of the Illinois air regulations. The Agency proposes to have the Board add a new Subpart T to Part 217 and to make various conforming amendments to Parts 211 and 217. The rules would control the emission of nitrogen oxides (NOx) from cement kilns. The controls would be effective during the period from May 1 to September 30 of each calendar year beginning in 2003.

The Agency has stated that the proposed amendments are intended to meet several obligations of the State of Illinois under the federal Clean Air Act Amendments of 1990 (CAA) (42 U.S.C. §§ 7401 et seq. (1990)). Section 107(a) of the CAA (42 U.S.C. § 7407(a) (1990)) imposes on the State the primary responsibility for ensuring that Illinois meet the National Ambient Air Quality Standard (NAAQS) for ozone. It requires the State to submit a state implementation plan (SIP) that specifies emission limitations, controls, and other measures necessary for the attainment, maintenance, and enforcement of the NAAQS in this State. This rulemaking will:

The adoption by the Board of these amendments is authorized under Section 28.5 of the Act (415 ILCS 5/28.5 (1998)). Section 28.5 provides for “fast-track” adoption of certain regulations necessary for compliance with the CAA.

This is the second of three anticipated Agency regulatory proposals in response to the NOx SIP Call. See also Proposed New 35 Ill. Adm. Code 217. Subpart W, the NOx Trading Program for Electrical Generating Units, and Amendments to 35 Ill. Adm. Code 211 and 217 (July 13, 2000), R01-9.

PROCEDURAL MATTERS

Pending Motion

Along with the proposal, the Agency filed a motion to waive the requirement that it provide the original and nine copies of the proposal (35 Ill. Adm. Code 101.103(b) (1998)) and instead file one complete original and four complete copies, together with five partial copies. The partial copies would consist of the following: the pleadings; the applicable federal guidance documents; the appropriate Federal Register notices; and the text of the proposed rules absent supporting exhibits. The Agency maintains that the entire regulatory proposal consists of several hundred pages.

In addition to the request to file fewer than one original and nine copies of all documents, the Agency also requested that the Board waive the requirement that it provide the Attorney General’s Office and the Department of Natural Resources with a copy of the proposed amendments. The Agency asserts that it discussed the matter with both offices who agreed that the Agency need not supply their offices with a copy of the entire proposal.

The Agency also requests that it not be required to submit copies of two sections of the Code of Federal Regulations which will be incorporated by reference in new Subpart T to 35 Ill. Adm. Code 217:

1.  40 C.F.R. § 60.13 (1998); and

2.  40 C.F.R. § 60, Appendix A, Methods 7, 7A, 7C, 7D, and 7E (1998).

Finally, the Agency requests that it not be required to provide the Board with multiple copies of the 13 documents which it relied on in development of the proposal and which it intends to rely on at hearing. The Agency instead would provide the Board with five copies of ten of the listed documents and would not provide any copies of the other three documents. The documents for which the Agency wants to file five copies are listed in subheading 14 of the table of contents for the regulatory proposal as items (d) through (m). The Agency requested a waiver as to items (a) through (c) (the Clean Air Act, the Illinois Environmental Protection Act, and Title 35 of the Illinois Administrative Code), asserting that the documents are readily accessible to the Board.

The Board grants the Agency’s motion.

Scheduling Constraints

Pursuant to Section 28.5 of the Act (415 ILCS 5/28.5 (1998)), the Board is required to proceed within set timeframes toward the adoption of the regulation. The Board has no discretion to adjust these timeframes under any circumstances. Today the Board adopts this proposal for first-notice publication in the Illinois Register under the Illinois Administrative Procedure Act (5 ILCS 100 (1998)) without commenting on the merits of the proposal. The following schedule indicates the dates on which the Board will act as provided in Section 28.5 of the Act (415 ILCS 5/28.5 (1998)):

Second Notice

The third hearing may be canceled if unnecessary, as specified at Section 28.5(g)(3) of the Act. The Board will proceed in this matter as required by Section 28.5 of the Act and as discussed in the Board’s resolutions regarding Section 28.5 of the Act. See RES 92-2 (October 28, 1992, and December 3, 1992).

Additional detail will be contained in a hearing officer order to be issued shortly.

ORDER

The Board directs the Clerk to cause the filing of the following with the Secretary of State for First Notice publication in the Illinois Register.

Section 211.955  Cement

"Cement" means, for the purposes of 35 Ill. Adm. Code 217, Subpart T, a hydraulic cement produced by pulverizing clinker consisting primarily of hydraulic calcium silicates, usually containing one or more of the forms of calcium sulfate as an interground addition.

(Source: Added at        Ill. Reg. , effective                           )

Section 211.960  Cement Kiln

"Cement kiln" means, for the purposes of 35 Ill. Adm. Code 217, Subpart T, a system including any solid, gaseous or liquid fuel combustion equipment, used to preheat, calcine and react with raw materials, including limestone and clay, to produce cement clinker.

(Source: Added at        Ill. Reg. , effective                           )

Section 211.1120  Clinker

"Clinker" means the product of a cement kiln from which finished cement is manufactured by milling and grinding.

(Source: Added at        Ill. Reg. , effective                           )

Section 211.3483  Long Dry Kiln

"Long dry kiln" means a kiln 14 feet or larger in outside diameter, 400 feet or larger in length, which employs no preheating of the feed in the cyclone chambers, and the inlet feed to the kiln is dry.

(Source: Added at        Ill. Reg. , effective                           )

Section 211.3485  Long Wet Kiln

"Long wet kiln" means a kiln 14 feet or larger in outside diameter, 400 feet or greater in length, which employs no preheating of the feed in the cyclone chambers, and the inlet feed to the kiln is a slurry.

(Source: Added at        Ill. Reg. , effective                           )

Section 211.3487  Low-NOx Burner

"Low-NOx burner" means for the purpose of 35 Ill. Adm. Code 217, Subpart T, a type of cement kiln burner system designed to lower NOx formation by controlling flame turbulence, delaying fuel/air mixing and establishing fuel-rich zones for initial combusting, which for firing of solid fuel by a kiln's main burner includes an indirect firing system or comparable technique for the main burner to lower the amount of primary combustion air supplied with the pulverized fuel. In an indirect firing system, one air stream is used to convey pulverized fuel from the grinding equipment and another air stream is used to supply primary combustion air to the kiln burner with the pulverized fuel, with intermediate storage of the fuel. In contrast, in a direct firing system, the air stream used to convey pulverized coal is then directly used as primary combustion air without any intermediate storage of fuel, resulting in more primary combustion air than with an indirect system.

(Source: Added at        Ill. Reg. , effective                           )

Section 211.3780  Mid-Kiln Firing

"Mid-kiln firing" means, for the purposes of 35 Ill. Adm. Code 217, Subpart T, a secondary firing in a kiln system by injecting fuel at an intermediate point in the kiln system using a specially designed fuel injection mechanism for the purposes of decreasing NOx emissions through burning part of the fuel at a lower temperature, and reducing conditions at the fuel injection point that may destroy some of the NOx formed upstream in the kiln system.

(Source: Added at        Ill. Reg. , effective                           )

Section 211.5015  Preheater Kiln

"Preheater kiln" means, for the purposes of 35 Ill. Adm. Code 217, Subpart T, a kiln where the feed to the kiln is preheated in cyclone chambers prior to the final reactions in a kiln which forms clinker.

(Source: Added at        Ill. Reg. , effective                           )

Section 211.5020  Preheater/Precalciner Kiln

"Preheater/precalciner kiln" means, for the purposes of 35 Ill. Adm. Code 217, Subpart T, a kiln where the feed to the kiln is preheated in cyclone chambers and utilizes a second burner to calcine material in a separate vessel attached to the preheater prior to the final fusion in a kiln which forms clinker.

(Source: Added at        Ill. Reg. , effective                           )

Back to top

SUBTITLE B: AIR POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS

FOR STATIONARY SOURCES

PART 217

NITROGEN OXIDES EMISSIONS

SUBPART A: GENERAL PROVISIONS

Section

217.100  Scope and Organization

217.101  Measurement Methods

217.102  Abbreviations and Units

217.103  Definitions

217.104  Incorporations by Reference

SUBPART T: CEMENT KILNS

Section

217.600  Applicability

217.602  Control Requirements

217.604  Testing

217.606  Monitoring

217.608  Reporting

217.610  Recordkeeping

AUTHORITY: Implementing Section 10 and authorized by Section 27 of the Environmental Protection Act (Ill. Rev. Stat. 1981, ch. 111 ½, pars. 1010 and 1027)[415 ILCS 5/10 and 27.]

SOURCE: Adopted as Chapter 2: Air Pollution, Rule 207: Nitrogen Oxides Emissions, R71-23, 4 PCB 191, April 13, 1972, filed and effective April 14, 1972; amended at 2 Ill. Reg. 17, p. 101, effective April 13, 1978; codified at 7 Ill. Reg. 13609; amended in R01- __ at Ill. Reg.          , effective           .

SUBPART A: GENERAL PROVISIONS

SUBPART T: CEMENT KILNS

Section 217.600  Applicability

The requirements of this Subpart shall apply to the types of cement kilns listed below with process rates in tons per hour (TPH) of clinker produced that are greater than or equal to the following:

a)  Long dry kilns -- 12 TPH;

b)  Long wet kilns -- 10 TPH;

c)  Preheater kilns -- 16 TPH; and

d)  Preheater/precalciner kilns -- 22 TPH.

(Source: Added at        Ill. Reg. , effective                           )

Section 217.602  Control Requirements