ILLINOIS POLLUTION CONTROL BOARD

October

6,

1988

IN THE MATTER OF:

PROPOSED AMENDMENTS TO

35

ILL.

ADM.

CODE

201,

)

R87—38

SUBPARTS 3

& L (Self—Monitoring)

)

PROPOSED RULE

SECOND NOTICE

OPINION AND ORDER OF THE BOARD

(by J.D. Dumelle):

This matter comes before the Board

on

a regulatory proposal

filed November

10, 1987

jointly by the Illinois Environmental

Protection Agency (Agency), Citizens for

a Better Environment

(CBE),

and the Illinois Manufacturers Association

(IMA).

The

joint proposal seeks

to amend

35 Ill.

Adm.

Code 201.281 and

to

add Subpart

L:

Continuous Monitoring,

35

Ill.

Adm.

Code 201.401,

Continuous Monitoring Requirements.

The effect of the amendment

and new regulations would

be

to require self—monitoring

of

air

emissions

of certain fossil

fuel—fired steam generators,

sulfuric

acid plants and nitric acid plants and petroleum refineries.

On

February

25,

1988, the Board proposed

for First Notice

a

rule

which

is

substantially the same

as that originally proposed.

The

proposed rule was published

in the Illinois Register

on March

18,

1988.

Two comments were received after First Notice publication.

On May 11,

1988 the Department of Commerce and Community Affairs

(DCCA)

filed

a comment which stated that the proposed

rule will

have no effect on small businesses affected by the rule.

On

April

21,

1988 comments were filed

by the United States

Environmental Protection Agency (USEPA), Region

V,

in response

to

a request

for clarification made at the April

8,

1988 hearing.

The request

for clarification concerned

the issues of

1)

the cost

of Federal promulgation

of a continuous emission monitoring

(CEM)

rule and,

2) whether alternative procedures

and requirements must

be submitted

to USEPA

as revisions of the Illinois State

Implementation Plan (SIP).

This Opinion will address only the

April

21, 1988 comments from USEPA.

In response

to the first posed question

(regarding the

costs,

if any,

of Federal promulgation of

a CEM rule), USEPA

stated that the State’s failure

to adopt

a CEM rule which

satisfies Federal requirements would necessitate USEPA’s

promulgation

of

a CEM into the SIP.

The cost

of work associated

with such promulgation would

be deducted from Illinois’

Federal

Assistance

allocation.

USEPA estimated such cost at

$60,000.

In response

to the second posed question

(whether

authorizing alternative but equivalent procedures and

93—93

---

—2—

requirements

for CEM systems must be submitted

to USEPA as

revisions of the SIP),

tJSEPA answered affirmatively stating,

“USEPA believes this

is

a necessary requirement

of approval

of

a

CEM rule.”

Additionally,

USEPA noted as

follows:

“In addition,

the Illinois rule being adopted should clearly state that these

modifications will not be effective until approved by USEPA.”

Notwithstanding USEPA’s recommendation,

the Rule,

as

proposed today,

does not contain language declaring that any

modifications will not be effective until approved by USEPA.

Doing so would be

a departure from past Board practice

(other

rules do not contain such language)

and

is unnecessary because

all such modifications would be subject

to USEPA approval anyway.

With

the exception of the changes discussed above,

the Board

will not alter

the substance

of the rule proposed on February 25,

1988.

This action was originally commenced

as

a result

of

a

settlement agreement entered into in the matter

of Citizens For A

Better Environment,

et

al.

v.

Lee M. Thomas,

Administrator,

USEPA,

No.

SO

C 0003,

a lawsuit filed

in the United States

District Court

for the Northern District

of Illinois, Eastern

Division.

As

a result

of the above—referenced case the Illinois

EPA,

CBE and IMA jointly proposed this Docket, which would

require continuous self—monitoring

of air emissions for certain

fossil fuel—fired steam generators,

sulfuric acid plants, nitric

acid plants and petroleum refineries.

In specific, fossil fuel—fired

steam generators with annual

average capacity factor greater

than 30,

as reported

to the

Federal Power Commission in

1974,

or

as otherwise demonstrated

to

the IEPA, will

be required

to monitor air emissions for opacity

unless the generator is less than 250 million Btu per hour heat

input

or

if gas

is the only fuel burned,

or

if oil or

a mixture

of gas and oil

is utilized,

when the source can comply with the

applicable regulations regarding particulate matter and opacity

without collection equipment and the source has never been found

to be

in violation of visible or particulate emission

regulations.

Additionally,

these same fossil fuel—fired steam

generators will also be required

to monitor for nitrogen oxides

when there

is greater than 1000 million Btu per hour heat input,

and when located

in an area where

the USEPA has decided

that a

control strategy for nitrogen dioxide

is necessary;

and when the

owner

or operator has not demonstrated emissions

to be less

than

30

below the applicable emission standards.

Similarly these same fossil

fuel—fired steam generators must

also self—monitor

for

sulfur dioxide when the generator

is

greater than 250 million Btu per hour heat

input and has

installed and operates sulfur dioxide pollution control

equipment.

93—94

---

—3—

Finally,

these same fossil fuel—fired steam generators must

also self—monitor for oxygen or carbon dioxide when measurements

of oxygen and carbon dioxide in the flue gas are required

to

convert sulfur dioxide or nitrogen oxide emissions data

to units

of applicable emission standards.

In addition

to the fossil fuel—fired steam generators

referenced above certain other industrial plants will also be

required

to conduct self—monitoring.

Sulfuric acid plants

of

greater than 300 tons per day production capacity (expressed

as

100 percent acid) will monitor

for sulfur dioxide

at each point

of sulfur dioxide emissions.

Nitric acid plants of greater than

300 tons per day production capacity (expressed as 100 percent

acid)

located in areas designated by USEPA as requiring

a control

strategy for nitrogen dioxide will be

required

to monitor

for

nitrogen oxides

at each point

of nitrogen oxide emissions.

And

petroleum refineries

shall monitor for opacity at each catalyst

regenerator

for fluid bed catalytic cracking units of greater

than 20,000 barrels per day fresh

feed capacity.

The proposed regulation contains

a provision allowing for

alternative self—monitoring upon

a demonstration that continuous

monitoring

is technically unreasonable or

infeasible

or due

to

extreme economic burden.

Alternative

self—monitoring

requirements would

be imposed by permits

issued by the IEPA.

Certain emission sources will be exempt from the self—

monitoring requirements.

These include emissions sources subject

to new source performance standards and any source not subject to

either the applicable emission limitation established pursuant

to

the Act or Board regulation or when an alternative, adjusted

or

site—specific standard has been set by the Board.

The proposed regulation sets forth the data which

is

required

to be reported

to the IEPA,

including,

inter alia,

starting times

and dates, durations,

magnitudes etc....

The

proposed regulation also contains a provision governing

malfunctions of the self—monitoring equipment,

stating that

monitoring and recording requirements shall

not be applicable

during malfunctions so long as the owner or operator demonstrates

that the malfunction was unavoidable and

is being repaired

as

expeditously as possible.

Finally,

the proposed regulation sets forth

the manner by

which recorded data shall be expressed,

the manner by which

the

recorded data

shall be retained and time for compliance.

Consistent with the Board’s expedited rulemaking procedures,

two merit hearings were held on April

8 and April

22,

1988.

The

first merit hearing was held

in Chicago and the second

in

Springfield.

The hearings were properly noticed and each of the

joint proponents attended.

Additionally, members

of the public

and industry attended.

93—95

---

—4—

At the April

8,

1988, merit hearing, testimony in support of

the proposal was provided by Mr. Lauren Laabs, who spoke on

behalf of

the Illinois Manufacturers Association.

Mr.

Laabs

testimony explained the history of this proceeding,

discussed its

relations to USEPA and Illinois’ State Implementation Plan,

and

set forth

a thorough explanation of the proposed regulation.

Next, Mr.

Frederick Smith, Manager of the Source Emissions

Testing Unit of the Division of Air Pollution Control

of the IEPA

was called by joint proponent,

IEPA.

Mr.

Smith testified on

behalf of the proposal and further explained the proposal.

The second merit hearing of April 22,

1988 contained no new

prepared testimony by joint proponents.

However,

representatives

from industry did speak to the proponent and asked questions.

The second merit hearing consisted mainly of follow—up questions,

suggested language changes

to correct typographical errors and

a

statement from Bill Denham of the Illinois Department of Energy

and Natural Resources stating that if all economic data were

timely provided,

a decision on the necessity of

a EcIS could

be

rendered shortly.

On June

27,

1988,

the Department of Energy and Natural

Resources (DENR) filed

a negative declaration stating its

determination that the preparation of

a formal economic impact

study

is not necessary in this proceeding.

The negative

declaration was based on DENR’s finding that the cost

of

a formal

study

is economically unreasonable

in

relation to the value of

the study to the Board in determining the adverse economic impact

of the regulation.

On August

4,

1988 the Board was notified of

the concurrence by the Economic and Technical Advisory Committee

(ETAC)

in DENR’s negative declaration.

MOTION TO REVISE PROPOSED REGULATORY LANGUAGE

On June 29, 1988 the Illinois Manufacturers’ Association

(IMA) proposed minor changes

to the proposed language.

The

proposed language essentially corrects typographical errors and

provides suggested clarifying language for the proposed

rule.

The proposed language does not alter the substance of the

original regulatory language and was not opposed by co—

proponents.

The proposed changes were as follows:

Section 20l.40l(a)(2),

“...

the production being

expressed

as 100 percent acid

Section 20l.401(a)(3),

“nitric acid plants of

greater...”

Section 20l.401(b),

“Set

forth

in:

93—96

---

—5—

1)

paragraphs

3.1 through 3.8

of 40 CFR 51, Appendix P

(1987).

This

incorporation includes no

later amendments or

editions;

and

2)

relevant portions of 35

Ill. Adm.

230, Appendix A

& B.”

Section 201.402,

“...

continuous monitoring

system or device”

Section 201.403(a),

“...

new source performance

standard adopted by USEPA

pursuant to Section ill

of the

Clean Air Act and made

applicable in Illinois pursuant

to 9.1 of the Act;

or

...“

Section 201.401,

“...

repaired as expeditously

as

is practicable.”

Section 20l.405(a)(7),

“other

information,

including

but not limited to,

monitor

location,

monitor maintenance

records and source operation

hours, which the Agency may

require by permit.”

Section 201.406(a),

“...

procedures specified

either

in

35

Ill.

Adm.

Code

230,

or

in any applicable

monitoring requirements which

are part of

a new source

performance standard adopted by

USEPA pursuant to Section 111

of the Clean Air

Act and made

applicable in Illinois pursuant

to Section 9.1 of

the Act;

or

Ii

Section 201.406(b),

“...

40 CFR

51, Appendix

P,

paragraph

5,

(1987).

This

incorporation includes no later

amendments or editions;

or

...“

Section 201.408,

“...

this schedule shall

provide that monitoring and

recording begin within

18

months.

..“

93—97

---

—6—

Except for the suggested language change in Section

201.401(b),

supra,

the Board does hereby grant proponent’s Motion

To Revise Proposed Regulatory Language.

Section 201.401(b) has

been corrected

to reflect the substantive change sought by

Petitioners;

but the adopted language

is different than that

proposed for grammatical

reasons.

ORDER

The Board hereby adopts the following amendments

for Second

Notice review.

The Clerk

is directed

to submit these proposed

amendments

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 J:

MONITORING AND TESTING

Section

201.281

Monitoring Equipment

201.282

Testing

201.283

Records and 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

AUTHORITY:

Implementing Section 10 and authorized

by Section

27

of the Environmental Protection Act

(Ill.

Rev. Stat.

1987,

ch.

ll11/~ pars.

1010 and 1027)

SOURCE:

Adopted

as Chapter

2:

Air Pollution,

Part

I:

General

Provisions,

in R7l—23,

4 PCB 191, filed and effective April

14,

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

____

Ill.

Reg.

_______,

effective

___________________

93—98

---

—7—

SUBPART J:

MONITORING AND TESTING

Section 201.281

Permit Monitoring Equipment Requirements

a)

Except

as otherwise provided at Subpart L of this Part,

eBvery emission source

or air pollution control

equipment shall be equipped with such monitoring

instruments as may be required ~n ~ proee~re~dop~ed by

the Ageney or as

a condition

to a permit issued by the

Agency.

B~ehp

eethtre~end

rme~e~

end rev e~or~

there~e~ she33~

no~beeeme effee~ve

~

fi~i~ed

wtth

the

6eere~eryof S~e~ee~

re~4red

by

the

APA.

The Agency

permit may require that such monitoring instruments be

continuous or intermittent.

Such monitoring instruments

shall be installed,

maintained and operated at the

expense of the owner or operator of the emission source

or air pollution control equipment.

A permit condition

to monitor

is appealable to the Board pursuant

to

Section

40

of the Act.

b+

Before

op~4ng

or

mek~ng

b~n~4veehenge~~n eny

~t,ehp

ee&~re~ep~ed by

the

Ageney~ the

Ageney she3~

~-

Pub3~h e

r~eryof

the

proposed

ehengee

4rt

the

Boerd New~3e~er

or

e

eompereb~epub~4ee~4one~

the

Ageney1~e~~pen~e~

~nd

2~

Provide

e

copy ~f

the

ft~3~

~ex~ of

the

proposed

ehenge~~o

erty

per~ort

who

4rt wri~4rtg~o re~uee~i~

3~

Defer

op~4onof

the

ehengee

for

4S

dey~

from

the

de~eof

b~ee~4on~o efl~ow

~

m~4ort

~nd

coere~4on

of wr4~erteommert~on

the

proposed

chenge~~

(SOURCE:

Amended at

___

Ill. Reg.

effective

_______________

SUBPART L:

CONTINUOUS MONITORING

Section 201.401

Continuous Monitoring Requirements

a)

Except as otherwise provided

at Section 201.402 and

Section 201.403,

the owners and operators of the

following emission sources shall

install,

operate,

calibrate and maintain continuous monitoring equipment

for the indicated pollutants.

1)

Fossil fuel—fired

steam generators with

an annual

average capacity factor greater

than 30,

as

93—99

---

—8—

reported

to the Federal Power Commission for

calendar year 1974,

or as otherwise demonstrated

to

the Agency,

shall monitor

for:

A)

Opacity, when the steam generator

is greater

than

250 million Btu per hour heat input

unless:

1)

Gas

is the only fuel burned;

or

ii)

Oil or

a mixture of gas and oil are the

only fuels burned

and the source can

comply with

the applicable regulations

for particulate matter and opacity

without use of collection equipment for

particulate matter

and the source has

never been found

to

be in violation of an

applicable visible or particulate

emission standard through any

administrative or

judicial proceedings.

B)

Nitrogen oxides,

when:

i)

The steam generator

is greater than 1000

million Btu per hour heat input;

ii)

The facility

is

located

in an Air Quality

Control Region where

the Administrator,

U.S.

Environmental Protection Agency, has

specitically determined that

a control

strategy for nitrogen dioxide

is

necessary

to attain

the national

~tändards;

and

iii)

The owner

o

operator has not

ernoflStrate~dur1n9 COmpliance

tests that

e Source

tsnitro9en oxides at

levels

less than

30

Or

more below the

plicable emjssio~standards.

C)

Sulfur dioxide

!ap~~t

and which hasinstalled

andoperat~

urdioxide pollution Control ~9uipment.

D)

Percent ox

dioxide, when

OCOflV~FtSUlf~~~

ldeornitro9en

oxic3e

con

nuousem

ions

data

to units of

emission

93—1r()

---

—9—

2)

Sulfuric acid plants of greater

than 300

tons per

day production capacity,

the production being

expressed as 100 percent acid,

shall monitor

for

sulfur dioxide at each point of sulfur dioxide

emission.

3)

Nitric acid plants of greater than 300 tons per day

production capacity,

the production capacity being

expressed

as 100 percent acid,

located

in an Air

Quality Control Region where the Administrator,

U.S. Environmental Protection Agency,

has

specifically determined

that

a control strategy for

nitrogen dioxide

is necessary

to attain the

national standard,

shall monitor

for nitrogen

oxides at each point of nitrogen oxide emission.

4)

Petroleum refineries shall monitor

for opacity at

each catalyst regenerator

for fluid bed catalytic

cracking units of greater than 20,000 barrels per

day fresh feed capacity.

b)

Except

for sources permitted

to use alternative

monitoring pursuant

to Section 201.402, compliance with

the Illinois emissions limitations by the owners

and

operators of emission sources required

to monitor

continuously shall be determined by the use of equipment

which meets

the performance specifications set forth in

paragraphs 3.1

through 3.8 of

40 CFR 51, Appendix

P

(1987)

(this incorporation includes no later amendments

or editions),

and relevant portions of

35 Ill. Mm. Code

230, Appendix A and B.

(SOURCE:

Added

at

Ill.

Reg.

effective

_______________)

Section 201.402

Alternative Monitoring

Alternative monitoring requirements for sources

subject to

Section 201.401(a)

shall be prescribed

by permit upon a

demonstration by the owner or operator that continuous monitoring

is_technically_unreasonable or infeasible due

to physical plant

limitations

or would

impose an extreme economic burden.

It shall

be demonstrated that the installation or operation of

a

continuous monitoring system or device:

a)

Would not provide accurate determinations of nitrogen

dioxide, sulfur dioxide, carbon dioxide, percent oxygen,

or opacity;

or

b)

Cannot be

installed due to the facility’s physical

constraints

such

as

size,

space or strength of

materials, or due

to safety considerations;

or

93—101

---

—10—

C)

Would

impose

an extreme economic burden

in proportion

to

the significance of the monitoring information which

would be provided.

(SOURCE:

Added at

Ill. Reg.

effective

_______________)

Section 201.403

Exempt Sources

The following emission sources are exempt from the requirements

of this Subpart:

a)

Any source subject to monitoring requirements which

are

part of

a new source performance standard adopted by

USEPA pursuant to Section 111

of the Clean Air Act and

made applicable

in Illinois pursuant

to Section 9.1 of

the Act;

or

b)

Any source not subject to either the applicable emission

limitation established pursuant to the Act or Board

regulation or

an alternative, adjusted or site specific

standard approved by the Board.

(SOURCE:

Added at

___

Ill.

Reg.

effective

_______________

Section 201.404

Monitoring System Malfunction

The monitoring

and recording requirements of this Subpart shall

not be applicable during any period of

a monitoring system or

device malfunction if demonstrated by the owner

or operator of

the source that the malfunction was unavoidable and

is being

repaired

as expeditiously as practicable.

(SOURCE:

Added

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:

a)

For periods

of emissions

in excess of any emission

limitation adopted

by the Board:

1)

The starting date and time of

the excess emissions

2)

The duration of

the excess emissions

3)

The magnitude of excess emissions

93—102

---

—11—

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,

monitor location, monitor maintenance records and

source operating hours, which the Agency may

require by permit.

b)

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.

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 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

___

Ill.

Reg.

effective

_______________)

Section 201.406

Data Reduction

To convert monitoring data to the units of the emission

limitation,

owners and operators of sources subject

to this

Subpart shall use:

93—103

---

—12—

a)

The procedures specified

in 40 CFR

60

(1985);

or where

necessary

b)

The procedures specified

in 40 CFR 51, Appendix

P,

paragraph

5

(1987).

This incorporation includes no

later amendments or editions;

or

c)

Alternative measurement

and data reduction methods may

be utilized

if demonstrated by the owner or operator

of

the_affected_source that such alternative methods will

provide information equivalent

to the information which

would be provided by the above methods.

(SOURCE:

Added at

___

Ill. Reg.

effective

_______________

Section 201.407

Retention of Information

Owners and operators of sources which are subject to the

monitoring and recording requirements of this Subpart shall

maintain files of emission

information at

the facility and make

the information available to the Agency upon request.

This

information shall

be retained for at least two years from the

date of collection,

and shall

include:

a)

Emission measurements

b)

Continuous monitoring system performance testing

measurements

c)

Performance evaluations

d)

Calibration checks

e)

Maintenance and adjustments performed

f)

Quarterly reports submitted pursuant

to Section 201.405;

and

~jj

Data reduction information used pursuant

to Section

201 .406.

(SOURCE:

Added

at

Ill. Reg.

effective

_______________)

Section 201.408

Compliance Schedules

Owners and operators of sources subject

to Section 201.401 shall

install all necessary equipment and monitor

in accordance with

the compliance schedule contained in the permit issued by the

Agency.

This schedule shall provide that monitoring and

recording begin within

18 months of this Subpart being approved

93—104

---

—13—

by the USEPA as

a

revision to the State Implementation Plan,

unless the owner

or operator has been granted

a variance pursuant

to Section 35(a)

of

the Act allowing

a

longer compliance

schedule.

(SOURCE:

Added at

___

Ill.

Reg.

effective

________________

IT

IS SO ORDERED.

I,

Dorothy M.

Gunn,

Clerk

of the Illinois Pollution Control

Board, hereby certify that the above Proposed 2pinion and Order

was adopted

on the

_______________

day of ~

,

1988 by

a

vote

of

7-~

Dorothy

M. ,~ónn,Cle~k

Illinois P&llution Control Board

93—105