ILLINOIS POLLUTION CONTROL BOARD
August 24, 2000
IN THE MATTER OF:
)
)
PROPOSED NEW 35 ILL. ADM. CODE 217.
)
R01-11
SUBPART T, CEMENT KILNS,
)
(Rulemaking - Air)
AND AMENDMENTS TO
)
35 ILL. ADM. CODE 211 AND 217
)
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:
1.
satisfy a portion of Illinois’ obligation to submit a State Implementation Plan (SIP)
to address the requirements of the so-called NOx SIP Call, 63 Fed. Reg. 57356
(Oct. 27, 1998);
1
2.
mandate a 30% decrease from uncontrolled levels of NOx emissions for large non-
trading cement kilns;
1
The NOx SIP Call (entitled “Finding of Significant Contribution and Rulemaking for Certain
States in the Ozone Transport Assessment Group Regions for Purpose of Reducing Regional
Transport of Ozone”) is a regulation promulgated by the United States Environmental Protection
Agency (USEPA) to address ozone transport in the area of the country largely east of the
Mississippi River, published on October 27, 1998, at 63 Fed. Reg. 57,356. A number of petitions
challenging this rulemaking were filed before the U.S. Court of Appeals for the D. C. Circuit. On
March 3, 2000, the court upheld most of the NOx SIP Call rule, but reversed and remanded for
further consideration the inclusion of portions of Missouri and Georgia in the rule, and reversed
the inclusion of Wisconsin in the rule because USEPA had not made a showing that sources in
Wisconsin significantly contributed to nonattainment or interfered with maintenance of the NAAQS
in any other State. See Michigan v. EPA, 213 F.3d 663 (D.C. Cir. 2000).
2
3.
allow large cement kilns to opt into the NOx Trading Program in lieu of compliance
(See 40 C.F.R. § 96 (1998); 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); and
4.
meet the applicable requirements of Section 9.9 of the Illinois Environmental
Protection Act (Act) (415 ILCS 5/9.9 (1998)).
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
3
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)):
First Notice
on or before August 24, 2000
First Hearing
on or before October 16, 2000
Second Hearing
on or before November 15, 2000
Third Hearing (if necessary)
on or before November 29, 2000
Second Notice
(if 3rd hearing is canceled)
on or before December 29, 2000
(if 3rd hearing is held)
on or before January 18, 2001
Final Adoption
21 days after receipt of JCAR certificate of no
objection
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
.
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
4
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 Conversion Factors
SUBPART B: DEFINITIONS
Section
211.121
Other Definitions
211.122
Definitions (Repealed)
211.130
Accelacota
211.150
Accumulator
211.170
Acid Gases
211.210
Actual Heat Input
211.230
Adhesive
211.240
Adhesion Promoter
211.250
Aeration
211.270
Aerosol Can Filling Line
211.290
Afterburner
211.310
Air Contaminant
211.330
Air Dried Coatings
211.350
Air Oxidation Process
211.370
Air Pollutant
211.390
Air Pollution
211.410
Air Pollution Control Equipment
211.430
Air Suspension Coater/Dryer
211.450
Airless Spray
211.470
Air Assisted Airless Spray
211.474
Alcohol
211.484
Animal
211.485
Animal Pathological Waste
211.490
Annual Grain Through-Put
211.495
Anti-Glare/Safety Coating
211.510
Application Area
211.530
Architectural Coating
211.550
As Applied
211.560
As-Applied Fountain Solution
211.570
Asphalt
211.590
Asphalt Prime Coat
211.610
Automobile
5
211.630
Automobile or Light-Duty Truck Assembly Source or Automobile or Light-Duty Truck
Manufacturing Plant
211.650
Automobile or Light-Duty Truck Refinishing
211.660
Automotive/Transportation Plastic Parts
211.670
Baked Coatings
211.680
Bakery Oven
211.685
Basecoat/Clearcoat System
211.690
Batch Loading
211.695
Batch Operation
211.696
Batch Process Train
211.710
Bead-Dipping
211.730
Binders
211.750
British Thermal Unit
211.770
Brush or Wipe Coating
211.790
Bulk Gasoline Plant
211.810
Bulk Gasoline Terminal
211.820
Business Machine Plastic Parts
211.830
Can
211.850
Can Coating
211.870
Can Coating Line
211.890
Capture
211.910
Capture Device
211.930
Capture Efficiency
211.950
Capture System
211.955 Cement
211.960
Cement Kiln
211.970
Certified Investigation
211.980
Chemical Manufacturing Process Unit
211.990
Choke Loading
211.1010
Clean Air Act
211.1050
Cleaning and Separating Operation
211.1070
Cleaning Materials
211.1090
Clear Coating
211.1110
Clear Topcoat
211.1120
Clinker
211.1130
Closed Purge System
211.1150
Closed Vent System
211.1170
Coal Refuse
211.1190
Coating
211.1210
Coating Applicator
211.1230
Coating Line
211.1250
Coating Plant
211.1270
Coil Coating
211.1290
Coil Coating Line
211.1310
Cold Cleaning
211.1330
Complete Combustion
6
211.1350
Component
211.1370
Concrete Curing Compounds
211.1390
Concentrated Nitric Acid Manufacturing Process
211.1410
Condensate
211.1430
Condensible PM-10
211.1465
Continuous Automatic Stoking
211.1467
Continuous Coater
211.1470
Continuous Process
211.1490
Control Device
211.1510
Control Device Efficiency
211.1520
Conventional Air Spray
211.1530
Conventional Soybean Crushing Source
211.1550
Conveyorized Degreasing
211.1570
Crude Oil
211.1590
Crude Oil Gathering
211.1610
Crushing
211.1630
Custody Transfer
211.1650
Cutback Asphalt
211.1670
Daily-Weighted Average VOM Content
211.1690
Day
211.1710
Degreaser
211.1730
Delivery Vessel
211.1750
Dip Coating
211.1770
Distillate Fuel Oil
211.1780
Distillation Unit
211.1790
Drum
211.1810
Dry Cleaning Operation or Dry Cleaning Facility
211.1830
Dump-Pit Area
211.1850
Effective Grate Area
211.1870
Effluent Water Separator
211.1875
Elastomeric Materials
211.1880
Electromagnetic Interference/Radio Frequency (EMI/RFI) Shielding Coatings
211.1885
Electronic Component
211.1890
Electrostatic Bell or Disc Spray
211.1900
Electrostatic Prep Coat
211.1910
Electrostatic Spray
211.1920
Emergency or Standby Unit
211.1930
Emission Rate
211.1950
Emission Unit
211.1970
Enamel
211.1990
Enclose
211.2010
End Sealing Compound Coat
211.2030
Enhanced Under-the-Cup Fill
211.2050
Ethanol Blend Gasoline
211.2070
Excess Air
211.2090
Excessive Release
7
211.2110
Existing Grain-Drying Operation (Repealed)
211.2130
Existing Grain-Handling Operation (Repealed)
211.2150
Exterior Base Coat
211.2170
Exterior End Coat
211.2190
External Floating Roof
211.2210
Extreme Performance Coating
211.2230
Fabric Coating
211.2250
Fabric Coating Line
211.2270
Federally Enforceable Limitations and Conditions
211.2285
Feed Mill
211.2290
Fermentation Time
211.2300
Fill
211.2310
Final Repair Coat
211.2330
Firebox
211.2350
Fixed-Roof Tank
211.2360
Flexible Coating
211.2365
Flexible Operating Unit
211.2370
Flexographic Printing
211.2390
Flexographic Printing Line
211.2410
Floating Roof
211.2430
Fountain Solution
211.2450
Freeboard Height
211.2470
Fuel Combustion Emission Unit or Fuel Combustion Emission Source
211.2490
Fugitive Particulate Matter
211.2510
Full Operating Flowrate
211.2530
Gas Service
211.2550
Gas/Gas Method
211.2570
Gasoline
211.2590
Gasoline Dispensing Operation or Gasoline Dispensing Facility
211.2610
Gel Coat
211.2630
Gloss Reducers
211.2650
Grain
211.2670
Grain-Drying Operation
211.2690
Grain-Handling and Conditioning Operation
211.2710
Grain-Handling Operation
211.2730
Green-Tire Spraying
211.2750
Green Tires
211.2770
Gross Heating Value
211.2790
Gross Vehicle Weight Rating
211.2810
Heated Airless Spray
211.2830
Heatset
211.2850
Heatset Web Offset Lithographic Printing Line
211.2870
Heavy Liquid
211.2890
Heavy Metals
211.2910
Heavy Off-Highway Vehicle Products
211.2930
Heavy Off-Highway Vehicle Products Coating
8
211.2950
Heavy Off-Highway Vehicle Products Coating Line
211.2970
High Temperature Aluminum Coating
211.2990
High Volume Low Pressure (HVLP) Spray
211.3010
Hood
211.3030
Hot Well
211.3050
Housekeeping Practices
211.3070
Incinerator
211.3090
Indirect Heat Transfer
211.3110
Ink
211.3130
In-Process Tank
211.3150
In-Situ Sampling Systems
211.3170
Interior Body Spray Coat
211.3190
Internal-Floating Roof
211.3210
Internal Transferring Area
211.3230
Lacquers
211.3250
Large Appliance
211.3270
Large Appliance Coating
211.3290
Large Appliance Coating Line
211.3310
Light Liquid
211.3330
Light-Duty Truck
211.3350
Light Oil
211.3370
Liquid/Gas Method
211.3390
Liquid-Mounted Seal
211.3410
Liquid Service
211.3430
Liquids Dripping
211.3450
Lithographic Printing Line
211.3470
Load-Out Area
211.3480
Loading Event
211.3483
Long Dry Kiln
211.3485 Long Wet Kiln
211.3487
Low-NOx Burner
211.3490
Low Solvent Coating
211.3500
Lubricating Oil
211.3510
Magnet Wire
211.3530
Magnet Wire Coating
211.3550
Magnet Wire Coating Line
211.3570
Major Dump Pit
211.3590
Major Metropolitan Area (MMA)
211.3610
Major Population Area (MPA)
211.3620
Manually Operated Equipment
211.3630
Manufacturing Process
211.3650
Marine Terminal
211.3660
Marine Vessel
211.3670
Material Recovery Section
211.3690
Maximum Theoretical Emissions
211.3695
Maximum True Vapor Pressure
9
211.3710
Metal Furniture
211.3730
Metal Furniture Coating
211.3750
Metal Furniture Coating Line
211.3770
Metallic Shoe-Type Seal
211.3780
Mid-Kiln Firing
211.3790
Miscellaneous Fabricated Product Manufacturing Process
211.3810
Miscellaneous Formulation Manufacturing Process
211.3830
Miscellaneous Metal Parts and Products
211.3850
Miscellaneous Metal Parts and Products Coating
211.3870
Miscellaneous Metal Parts or Products Coating Line
211.3890
Miscellaneous Organic Chemical Manufacturing Process
211.3910
Mixing Operation
211.3915
Mobile Equipment
211.3930
Monitor
211.3950
Monomer
211.3960
Motor Vehicles
211.3965
Motor Vehicle Refinishing
211.3970
Multiple Package Coating
211.3990
New Grain-Drying Operation (Repealed)
211.4010
New Grain-Handling Operation (Repealed)
211.4030
No Detectable Volatile Organic Material Emissions
211.4050
Non-Contact Process Water Cooling Tower
211.4055
Non-Flexible Coating
211.4065
Non-Heatset
211.4070
Offset
211.4090
One Hundred Percent Acid
211.4110
One-Turn Storage Space
211.4130
Opacity
211.4150
Opaque Stains
211.4170
Open Top Vapor Degreasing
211.4190
Open-Ended Valve
211.4210
Operator of a Gasoline Dispensing Operation or Operator of a Gasoline Dispensing
Facility
211.4230
Organic Compound
211.4250
Organic Material and Organic Materials
211.4260
Organic Solvent
211.4270
Organic Vapor
211.4290
Oven
211.4310
Overall Control
211.4330
Overvarnish
211.4350
Owner of a Gasoline Dispensing Operation or Owner of a Gasoline Dispensing
Facility
211.4370
Owner or Operator
211.4390
Packaging Rotogravure Printing
211.4410
Packaging Rotogravure Printing Line
211.4430
Pail
10
211.4450
Paint Manufacturing Source or Paint Manufacturing Plant
211.4470
Paper Coating
211.4490
Paper Coating Line
211.4510
Particulate Matter
211.4530
Parts Per Million (Volume) or PPM (Vol)
211.4550
Person
211.4590
Petroleum
211.4610
Petroleum Liquid
211.4630
Petroleum Refinery
211.4650
Pharmaceutical
211.4670
Pharmaceutical Coating Operation
211.4690
Photochemically Reactive Material
211.4710
Pigmented Coatings
211.4730
Plant
211.4740
Plastic Part
211.4750
Plasticizers
211.4770
PM-10
211.4790
Pneumatic Rubber Tire Manufacture
211.4810
Polybasic Organic Acid Partial Oxidation Manufacturing Process
211.4830
Polyester Resin Material(s)
211.4850
Polyester Resin Products Manufacturing Process
211.4870
Polystyrene Plant
211.4890
Polystyrene Resin
211.4910
Portable Grain-Handling Equipment
211.4930
Portland Cement Manufacturing Process Emission Source
211.4950
Portland Cement Process or Portland Cement Manufacturing Plant
211.4970
Potential to Emit
211.4990
Power Driven Fastener Coating
211.5010
Precoat
211.5015 Preheater Kiln
211.5020
Preheater/Precalciner Kiln
211.5030
Pressure Release
211.5050
Pressure Tank
211.5060
Pressure/Vacuum Relief Valve
211.5061
Pretreatment Wash Primer
211.5065
Primary Product
211.5070
Prime Coat
211.5080
Primer Sealer
211.5090
Primer Surfacer Coat
211.5110
Primer Surfacer Operation
211.5130
Primers
211.5150
Printing
211.5170
Printing Line
211.5185
Process Emission Source
211.5190
Process Emission Unit
211.5210
Process Unit
11
211.5230
Process Unit Shutdown
211.5245
Process Vent
211.5250
Process Weight Rate
211.5270
Production Equipment Exhaust System
211.5310
Publication Rotogravure Printing Line
211.5330
Purged Process Fluid
211.5340
Rated Heat Input Capacity
211.5350
Reactor
211.5370
Reasonably Available Control Technology (RACT)
211.5390
Reclamation System
211.5410
Refiner
211.5430
Refinery Fuel Gas
211.5450
Refinery Fuel Gas System
211.5470
Refinery Unit or Refinery Process Unit
211.5480
Reflective Argent Coating
211.5490
Refrigerated Condenser
211.5500
Regulated Air Pollutant
211.5510
Reid Vapor Pressure
211.5530
Repair
211.5550
Repair Coat
211.5570
Repaired
211.5590
Residual Fuel Oil
211.5600
Resist Coat
211.5610
Restricted Area
211.5630
Retail Outlet
211.5650
Ringelmann Chart
211.5670
Roadway
211.5690
Roll Coater
211.5710
Roll Coating
211.5730
Roll Printer
211.5750
Roll Printing
211.5770
Rotogravure Printing
211.5790
Rotogravure Printing Line
211.5810
Safety Relief Valve
211.5830
Sandblasting
211.5850
Sanding Sealers
211.5870
Screening
211.5890
Sealer
211.5910
Semi-Transparent Stains
211.5930
Sensor
211.5950
Set of Safety Relief Valves
211.5970
Sheet Basecoat
211.5980
Sheet-Fed
211.5990
Shotblasting
211.6010
Side-Seam Spray Coat
211.6025
Single Unit Operation
12
211.6030
Smoke
211.6050
Smokeless Flare
211.6060
Soft Coat
211.6070
Solvent
211.6090
Solvent Cleaning
211.6110
Solvent Recovery System
211.6130
Source
211.6140
Specialty Coatings
211.6145
Specialty Coatings for Motor Vehicles
211.6150
Specialty High Gloss Catalyzed Coating
211.6170
Specialty Leather
211.6190
Specialty Soybean Crushing Source
211.6210
Splash Loading
211.6230
Stack
211.6250
Stain Coating
211.6270
Standard Conditions
211.6290
Standard Cubic Foot (scf)
211.6310
Start-Up
211.6330
Stationary Emission Source
211.6350
Stationary Emission Unit
211.6355
Stationary Gas Turbine
211.6360
Stationary Reciprocating Internal Combustion Engine
211.6370
Stationary Source
211.6390
Stationary Storage Tank
211.6400
Stencil Coat
211.6410
Storage Tank or Storage Vessel
211.6420
Strippable Spray Booth Coating
211.6430
Styrene Devolatilizer Unit
211.6450
Styrene Recovery Unit
211.6470
Submerged Loading Pipe
211.6490
Substrate
211.6510
Sulfuric Acid Mist
211.6530
Surface Condenser
211.6540
Surface Preparation Materials
211.6550
Synthetic Organic Chemical or Polymer Manufacturing Plant
211.6570
Tablet Coating Operation
211.6580
Texture Coat
211.6590
Thirty-Day Rolling Average
211.6610
Three-Piece Can
211.6620
Three or Four Stage Coating System
211.6630
Through-the-Valve Fill
211.6650
Tooling Resin
211.6670
Topcoat
211.6690
Topcoat Operation
211.6695
Topcoat System
211.6710
Touch-Up
13
211.6720
Touch-Up Coating
211.6730
Transfer Efficiency
211.6750
Tread End Cementing
211.6770
True Vapor Pressure
211.6790
Turnaround
211.6810
Two-Piece Can
211.6830
Under-the-Cup Fill
211.6850
Undertread Cementing
211.6860
Uniform Finish Blender
211.6870
Unregulated Safety Relief Valve
211.6880
Vacuum Metallizing
211.6890
Vacuum Producing System
211.6910
Vacuum Service
211.6930
Valves Not Externally Regulated
211.6950
Vapor Balance System
211.6970
Vapor Collection System
211.6990
Vapor Control System
211.7010
Vapor-Mounted Primary Seal
211.7030
Vapor Recovery System
211.7050
Vapor-Suppressed Polyester Resin
211.7070
Vinyl Coating
211.7090
Vinyl Coating Line
211.7110
Volatile Organic Liquid (VOL)
211.7130
Volatile Organic Material Content (VOMC)
211.7150
Volatile Organic Material (VOM) or Volatile Organic Compound (VOC)
211.7170
Volatile Petroleum Liquid
211.7190
Wash Coat
211.7200
Washoff Operations
211.7210
Wastewater (Oil/Water) Separator
211.7230
Weak Nitric Acid Manufacturing Process
211.7250
Web
211.7270
Wholesale Purchase - Consumer
211.7290
Wood Furniture
211.7310
Wood Furniture Coating
211.7330
Wood Furniture Coating Line
211.7350
Woodworking
211.7400
Yeast Percentage
Appendix A
Rule into Section Table
Appendix B
Section into Rule Table
AUTHORITY: Implementing Sections 9, 9.1, and 10 and authorized by Sections 27 and 28.5 of
the Environmental Protection Act [415 ILCS 5/9, 9.1, 10, 27 and 28.5].
SOURCE: Adopted as Chapter 2: Air Pollution, Rule 201: Definitions, R71-23, 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 Ill. Reg. 30, p.
14
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 R82-1 (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; amended in R82-14 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 R86-10 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
R89-16(A) at 14 Ill. Reg. 9141, effective May 23, 1990; amended in R88-30(B) at 15 Ill. Reg.
5223, effective March 28, 1991; amended in R88-14 at 15 Ill. Reg. 7901, effective May 14, 1991;
amended in R91-10 at 15 Ill. Reg. 15564, effective October 11, 1991; amended in R91-6 at 15 Ill.
Reg. 15673, effective October 14, 1991; amended in R91-22 at 16 Ill. Reg. 7656, effective May 1,
1992; amended in R91-24 at 16 Ill. Reg. 13526, effective August 24, 1992; amended in R93-9 at
17 Ill. Reg. 16504, effective September 27, 1993; amended in R93-11 at 17 Ill. Reg. 21471,
effective December 7, 1993; amended in R93-14 at 18 Ill. Reg. 1253, effective January 18, 1994;
amended in R94-12 at 18 Ill. Reg. 14962, effective September 21, 1994; amended in R94-14 at 18
Ill. Reg. 15744, effective October 17, 1994; amended in R94-15 at 18 Ill. Reg. 16379, effective
October 25, 1994; amended in R94-16 at 18 Ill. Reg. 16929, effective November 15, 1994;
amended in R94-21, R94-31 and R94-32 at 19 Ill. Reg. 6823, effective May 9, 1995; amended in
R94-33 at 19 Ill. Reg. 7344, effective May 22, 1995; amended in R95-2 at 19 Ill. Reg. 11066,
effective July 12, 1995; amended in R95-16 at 19 Ill. Reg. 15176, effective October 19, 1995;
amended in R96-5 at 20 Ill. Reg. 7590, effective May 22, 1996; amended in R96-16 at 21 Ill. Reg.
2641, effective February 7, 1997; amended in R97-17 at 21 Ill. Reg. 6489, effective May 16,
1997; amended in R97-24 at 21 Ill. Reg. 7695, effective June 9, 1997; amended in R96-17 at 21
Ill. Reg. 7856, effective June 17, 1997; amended in R97-31 at 22 Ill. Reg. 3497, effective
February 2, 1998; amended in R98-17 at 22 Ill. Reg.11405, effective June 22, 1998; amended in
R01-___ at ___ Ill. Reg. _________, effective ______________.
BOARD NOTE: This Part implements the Illinois Environmental Protection Act as of July 1,
1994.
SUBPART B: DEFINITIONS
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.
15
(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
16
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 )
TITLE 35: ENVIRONMENTAL PROTECTION
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
17
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
Section 217.104
Incorporations by Reference
The following materials are incorporated by reference:. These incorporations do not include any
later amendments or editions.
a)
The phenol disulfonic acid method, 36 Fed. Reg. 15, 718 as published in 40 CFR
60, Appendix A, Method 7 (1999);
b)
Alternative Control Techniques Document---- NOx Emissions from Cement
Manufacturing, EPA-453/R-94-004, U. S. Environmental Protection Agency-Office
of Air Quality Planning and Standards, Research Triangle Park, N. C. 27711,
March 1994;
c)
Section 11.6, Portland Cement Manufacturing, AP-42 Compilation of Air Emission
Factors, Volume 1: Stationary Point and Area Sources, U.S. Environmental
Protection Agency-Office of Air Quality Planning and Standards, Research
Triangle Park, N. C. 27711, revised January 1995;
d)
40 CFR
§
60.13 (1999); and
e)
40 CFR 60, Appendix A, Methods 7, 7A, 7C, 7D, and 7E (1999).
(Source: Amended at ____ Ill. Reg. _______, effective____________)
SUBPART T: CEMENT KILNS
Section 217.600
Applicability
18
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
a)
After April 30, 2003, an owner or operator of any cement kiln subject to the
requirements of this Subpart shall not operate the kiln during the control period or
any subsequent control period, unless the owner or operator complies with either
subsection (a)(1), (a)(2), (a)(3), (a)(5) or (a)(6) of this Section for kilns which
commenced operation prior to January 1, 1996, or either subsection (a)(4) or (a)(6)
of this Section for kilns which commenced operation on or after January 1, 1996.
1)
The kiln is operated with a low-NOx burner or a mid-kiln firing system;
2)
The kiln shall not exceed the applicable NOx emission limitation in pounds
per ton of clinker (lb/T), expressed in the rates listed below:
A)
Long dry kilns -- 5.1 lb NOx/T of clinker;
B)
Long wet kilns -- 6.0 lb NOx/T of clinker;
C)
Preheater kilns -- 3.8 lb NOx/T of clinker; or
D)
Preheater/precalciner kilns -- 2.8 lb NOx/T of clinker.
3)
The kiln achieves a 30 percent or greater reduction from its uncontrolled
baseline, established as set forth in this subsection (a)(3), and complying
with the following:
A)
Uncontrolled baseline emissions shall be determined using the
following equation:
UBE = [EF x SPR] ÷ 2000 lbs NOx/T
Where:
19
UBE =
Uncontrolled Baseline NOx emissions expressed in
tons of NOx per control period;
EF =
Emissions factor, expressed in lbs of NOx per ton of
clinker produced per control period, based on one of
the methods in subsection (a)(3)(B) of this Section;
and
SPR =
Seasonal production rate, expressed in tons of
clinker produced per control period, using the
average of the two highest control period operating
rates from the previous three-year period at the time
the application for the permit with federally
enforceable conditions is submitted to the Agency
pursuant to subsection (a)(3)(C) of this Section.
B)
Emissions factors shall be determined using one of the following
methods:
i)
The average of the emission factors for the type of kiln from
the Compilation of Air Pollutant Emission Factors (AP-42)
and the Alternative Control Techniques Document -- NOx
Emissions from Cement Manufacturing, as incorporated by
reference in Section 217.104 of this Part;
ii)
The site-specific emission factor developed from
representative emissions testing, pursuant to 40 CFR 60,
Appendix A, Methods 7, 7A, 7C, 7D, or 7E, incorporated by
reference in Section 217.104 of this Part, based on a range
of typical operating conditions. The owner or operator must
establish that these operating conditions are representative,
subject to approval by the Agency, and must certify that the
emissions testing is being conducted under representative
conditions; or
iii)
An alternate method for establishing the emissions factors,
when submitted with supporting data to substantiate such
emissions factors and approved by the Agency as set forth in
subsection (a)(3)(C) of this Section.
C)
The owner or operator must submit an emission reduction plan to
the Agency and obtain approval of that plan by the Agency. Such
plan shall be effective only when contained as federally enforceable
conditions in a permit. Such plan shall include any alternate
20
procedures for monitoring, testing, reporting, or recordkeeping
approved by the Agency, or other provisions as appropriate.
4)
Any kiln subject to this Subpart that commenced operation on or after
January 1, 1996, must meet the more stringent of the requirements of this
Subpart or other CAA requirements, or rules promulgated thereunder,
applicable to kilns. If a kiln is required to comply with a more stringent
requirement pursuant to the CAA, and chooses to do so in lieu of complying
with this Subpart, the owner or operator must submit an emissions reduction
plan that demonstrates that compliance with the CAA requirement results in
emissions reductions that are equal to or exceed the requirements of this
Section and obtain a permit containing federally enforceable conditions
addressing such CAA requirement.
5)
The owner or operator obtains an alternate emissions standard for operating
the kiln pursuant to Section 28.1 of the Act (415 ILCS 5/28.1), and in
accordance with 35 Ill. Adm. Code 106, Subpart G, provisions for adjusted
standards. An adjusted standard or alternate emissions standard with an
alternate compliance schedule shall be granted by the Board to the extent
consistent with federal law. Such alternate shall be effective only when
included as a federally enforceable condition in a permit approved by
USEPA or approved as a SIP revision. The adjusted standard shall include
any alternate procedures for control, compliance, monitoring, operation,
testing, reporting, or recordkeeping that are appropriate. In addition, the
owner or operator must demonstrate, as justification for the adjusted
standard, that the control requirements contained in this Subpart, as they
apply to cement kilns, meet one or more of the following criteria:
A)
Unreasonable cost of control resulting from plant, age, location or
basic process design;
B)
Physical impossibility of installing necessary control equipment; or
C)
Other factors specific to the cement kiln that support an alternate
emissions standard.
6)
The owner or operator obtains approval by the Agency and USEPA to
allow the kiln to participate in the federal NOx Trading Program. Such
participation will be effective upon issuance of a permit containing all
necessary federally enforceable permit conditions addressing the kiln's
participation in the federal NOx Trading Program pursuant to 40 CFR 96
and Subpart W of 35 Ill. Adm. Code Part 217, NOx Trading Program for
Electrical Generating Units, Sections 217.750
et seq
. The owner or
operator is not subject to the requirements of this Subpart for the duration of
its participation in the NOx Trading Program, except for the requirement to
21
submit the initial compliance report pursuant to Section 217.608(a) of this
Subpart.
b)
Notwithstanding any other provisions of this Subpart, a source and units at the
source subject to the provisions of subsection (a) of this Section will become
subject to this Subpart on THE FIRST DAY OF THE CONTROL SEASON
SUBSEQUENT TO THE CALENDAR YEAR IN WHICH ALL OF THE OTHER
STATES SUBJECT TO THE PROVISIONS OF THE NOX SIP CALL (63 Fed.
Reg. 57,355 (October 27, 1998)) THAT ARE LOCATED IN REGION V OR
THAT ARE CONTIGUOUS TO ILLINOIS HAVE ADOPTED REGULATIONS
TO IMPLEMENT NOX TRADING PROGRAMS AND OTHER REQUIRED
REDUCTIONS OF NOX EMISSIONS PURSUANT TO THE NOX SIP CALL,
AND SUCH REGULATIONS HAVE RECEIVED FINAL APPROVAL BY USEPA
AS PART OF THE RESPECTIVE STATES' SIPS FOR OZONE, OR A FINAL
FIP FOR OZONE PROMULGATED BY USEPA IS EFFECTIVE FOR SUCH
OTHER STATES. [415 ILCS 5/9.9(f)]
(Source: Added at Ill. Reg. , effective )
Section 217.604
Testing
a)
Any owner or operator of a kiln that commenced operation prior to May 1, 2002,
and using a low-NOx burner or mid-kiln firing system to demonstrate compliance
pursuant to Section 217.602(a)(1) of this Subpart must maintain and operate the
device according to the manufacturer's specifications as approved by the Agency.
b)
Any owner or operator of a kiln that commenced operation prior to May 1, 2002,
and demonstrating compliance pursuant to Section 217.602(a)(2), (a)(3)(C), or
(a)(5) of this Subpart must complete an initial performance test between May 1,
2002, and April 30, 2003, and subsequent annual testing during each control period
in which the kiln is operated. This testing must be consistent with the requirements
of 40 CFR 60, Appendix A, Methods 7, 7A, 7C, 7D, or 7E, incorporated by
reference in Section 217.104 of this Part, or such alternate test method that has been
approved by the Agency pursuant to Section 217.602(a)(3)(C) of this Subpart or the
Board pursuant to Section 217.602(a)(5) of this Subpart.
c)
The owner or operator of a kiln that commences operation on or after May 1, 2002,
must complete, as appropriate, an initial performance test within one year of initial
startup and subsequent annual testing during each control period in which the kiln is
operated. This testing must be consistent with the test methods listed in subsection
(b) of this Section.
(Source: Added at Ill. Reg. , effective )
22
Section 217.606
Monitoring
a)
The owner or operator of a kiln subject to this Subpart must submit a complete
monitoring plan addressing the applicable requirements of subsection (b) of this
Section to the Agency and obtain approval of such plan by the Agency. The
monitoring plan shall identify the operating conditions to be monitored and the
records to be maintained under Section 217.610 of this Subpart. For any kiln that
commences operation on or before August 1, 2002, such plan shall be submitted on
or before August 1, 2002. For any other kiln subject to this Subpart, such plan shall
be submitted with the construction permit application for such kiln. Such plan will
be effective only when included as federally enforceable conditions in a permit
issued by the Agency.
b)
The plan must:
1)
Identify the specific operating conditions to be monitored and the
correlation between the operating conditions and NOx emission rates;
2)
Include the data and information that the owner or operator used to identify
the correlation between NOx emission rates and these operating conditions;
3)
Identify how the owner or operator will monitor these operating conditions
on an hourly or other basis, as approved by the Agency, the quality
assurance procedures or practices that will be employed to ensure that the
data generated by monitoring these operating conditions will be
representative and accurate, and the type and format of the records of these
operating conditions that will be maintained by the owner or operator under
Section 217.610 of this Subpart;
4)
If operating a low-NOx burner or mid-kiln firing system, the plan must
include only monitoring the parameters indicated in the manufacturer's
specifications and recommendations for the low-NOx burner or mid-kiln
firing system as approved by the Agency; and
5)
Notwithstanding the requirements of subsections (b)(1) and (b)(2) of this
subsection requiring the monitoring of operating parameters, if the owner or
operator elects to monitor NOx emissions using a continuous emissions
monitoring system (CEMS), the owner or operator must submit a monitoring
plan subject to approval by the Agency which contains the applicable
provisions of 40 CFR § 60.13 and of Method 7E in Appendix A contained
in 40 CFR part 60, as incorporated by reference in Section 217.104 of this
Part, and additional provisions regarding accuracy, data capture, and
monitoring frequency.
23
c)
The owner or operator must monitor the operating parameters of the emission unit
and predict NOx emission rates in accordance with the plan specified in the
applicable operating permit.
(Source: Added at Ill. Reg. , effective )
Section 217.608
Reporting
a)
By May 1, 2003, or within one year of initial startup, whichever occurs later, the
owner or operator of a kiln subject to the requirements of this Subpart must submit
to the Agency an initial compliance certification for each kiln subject to the
requirements of Section 217.602 of this Subpart. This certification must contain the
following information as applicable:
1)
The identity and type of each kiln subject to this Subpart, the name and
address of the plant where the kiln is located, and the name and telephone
number of the person responsible for demonstrating compliance with this
Subpart;
2)
A demonstration that each kiln is in compliance with Section 217.602 of
this Subpart, identifies the provision with which it is complying and is
accompanied by a summary of the approved compliance method, e.g.,
performance test for the kiln and other supporting data being relied upon by
the owner or operator;
3)
If demonstrating compliance by use of a low-NOx burner or mid-kiln firing
system pursuant to Section 217.602(a)(1) of this Subpart, a copy of the
manufacturer's recommended maintenance and schedule for maintenance as
approved by the Agency;
4)
If demonstrating compliance pursuant to Section 217.602(a)(3)(C) or (a)(5)
of this Subpart, the date on which the permit containing the emission
reduction plan or SIP revision was received as federally enforceable
conditions; and
5)
If demonstrating compliance pursuant to Section 217.602(a)(6) of this
Subpart, the date of issuance and the identification of the permit authorizing,
through federally enforceable conditions, participation in the federal NOx
trading program.
b)
Beginning in 2003, by December 31 of each year, owners and operators complying
with this Subpart pursuant to Section 217.602(a)(1), (a)(2), (a)(3), (a)(4), or
(a)(5), must, as a seasonal component of its annual emission report pursuant to 35
Ill. Adm. Code 254, report the total NOx emissions of each subject kiln during the
control period of each year to the Agency, if the kiln operated during this period.
24
(Source: Added at Ill. Reg. , effective )
Section 217.610
Recordkeeping
a)
Any owner or operator of a cement kiln subject to this Subpart must produce and
maintain records that include, but are not limited to:
1)
Emissions in pounds of NOx per ton of clinker produced from each kiln
subject to the requirements of Section 217.602(a)(2), (a)(3)(C) or (a)(5) of
this Subpart;
2)
The date, time, and duration of any startup, shutdown, or malfunction in the
operation of any cement kiln subject to this Subpart or any emissions
monitoring equipment. The records shall include a description of the
malfunction and maintenance activity;
3)
If operating a low-NOx burner or mid-kiln firing system; the date, time and
duration of any regularly scheduled maintenance, with a description of the
activity, and tons of clinker produced from each kiln;
4)
The results of any required performance testing;
5)
Daily cement kiln clinker production in tons per day; and
6)
The records of monitoring required by Section 217.606 of this Subpart.
b)
All records required to be produced or maintained shall be retained on site for a
minimum of three years and be made available to the Agency upon request.
(Source: Added at Ill. Reg. , effective )
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, do hereby certify that the
above opinion and order was adopted on the 24th day of August 2000 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
