ILLINOIS POLLUTION CONTROL BOARD

February

25,

1988

IN THE MATTER OF:

)

PROPOSED AMENDMENTS TO

35

 ILL. ADM. CODE 201,

)

 R87—38

SUBPARTS J

&

L

 (Self—Monitoring)

)

PROPOSED RULE

 FIRST NOTICE

ORDER OF THE BOARD

 (by J.

 Dumelle):

This matter comes before the Board on

 a regulatory proposal

jointly filed by the Illinois Environmental Protection Agency,

Citizens for

 a Better Environment, and the Illinois

Manufacturer’s Association on November

10,

 1987.

On January

21,

 1988,

 the Board adopted Resolution 88—1,

which outlined various procedures which

 the Board would begin

to

utilize in order

 to expedite the rulemaking process.

 One of

these procedures

is

 for the Board to send

 a regulatory proposal

to First Notice before ruling on the merits of the proposal.

The

Board

 finds

 that it

 is appropriate

 to utilize that procedure in

this proceeding.

As a result,

 the Board hereby adopts the proposal

 set forth

below for First Notice and directs the Hearing Officer

 to cause

the publication of the proposal

 in the Illinois Register.

 This

 action is

 in no way to be construed as the Board’s substantive

position with regard

 to this matter.

Also, consistent with Res88—l, the Board directs the Hearing

Officer

 to schedule only two merit hearings in this matter.

Since the proposal

is

 of state—wide applicability, two merit

hearings must be held.

 No other hearings will be scheduled

unless the Board

 finds that the issues of

 this proceeding warrant

further investigation.

 In addition, the Hearing Officer

is

to

establish deadlines for

 the pre—filing of testimony and exhibits

for anyone who wishes

 to introduce evidence at the merit

hearings.

 Those who do not prefile such materials will be able

to present their evidence only if time permits at the end of the

hearing process.

The Board believes that such procedures will accelerate up

the rulemaking process while at the same time provide continued

opportunity

 for public participation.

PART 201

SUBPART J:

 MONITORING AND TESTING

Section 201.281

 Permit Monitoring Equipment Requirements

86—497

2

a)

 Except as otherwise provided at Subpart L of this Part,

every emission source or air pollution control equipment

shall be equipped with such monitoring instruments as

may

 be required 4~r~a pfeeedufe a~e~e~

 ~y the Ageftey e~

as a condition

to

 a permit issued by the Agency.

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 Seefe~afysf G~a~e

as ~eqi~~e~ ~y the APA.

 The Ageftey 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.

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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

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:

86—498

3

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.

 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

specifically determined

 that a control

strategy for nitrogen dioxide is

necessary to attain the national

standards;

and

iii) The owner

 or operator has not

demonstrated during compliance tests that

the source emits nitrogen oxides at

levels less than 30

or

 more below

the

applicable emissions standards.

C)

 Sulfur dioxide, when the steam generator

is

greater than 250 million btu per hour heat

input and which has installed and operates

sulfur dioxide pollution control equipment.

 Percent oxygen or carbon dioxide, when

measurements of oxygen or carbon dioxide in

the flue gas are required

 to convert sulfur

dioxide or nitrogen oxide continuous emissions

 data

 to units of

 the applicable emission

standard.

2)

 Sulfuric acid plants of greater than 300 tons per

day production capacity,

 the production being

expressed at 100 percent acid, shall monitor for

sulfur dioxide at each point of sulfur dioxide

emission.

3)

 Nitric acid plants

 or greater than 300 tons per day

production capacity,

 the production capacity bein9

expressed

as

 100 percent acid,

 located

 in an Air

86—499

4

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

çperators

 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

(1985)

 and the relevant portions of

35

 Ill. Adm. Code

230, Appendix A and B.

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 devise:

a)

 Would not provide accurate determinations of nitrogen

dioxide,

 sulfur dioxide, carbon dioxide, percent oxygen,

or opacity;

or

 Cannot be

 installed due

to

 the facility’s physical

constraints

 such as size,

 space

 or strength of

materials,

 or due

 to safety considerations;

or

c)

 Would impose an extreme economic burden

 in proportion to

the significance of

 the monitoring

 information which

would be provided.

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 promulgated

in

40 CFR 60

 (1985);

or

86—500

5

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.

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 applicable.

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:

The starting date and time of

 the excess emissions;

The duration of the excess emissions;

The magnitude of excess emissions;

The cause of

 the excess emissions,

 if known;

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 duri~

which

 it was inoperative;

and

7

 Other

 information which

 the Agency may reasonably

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)

2)

3)

5)

86—501

6

1)

The

~erceflt

o~acity~

for

e

 PL~2~

ooac~~

increments

2)

 The start

and

stop ~

—

 any ~m~asur

 amen

limitation.

d)

If

e~

wer~

no

te

and

in

~iO

shall

submitted

with

erycaenar~9~I~

SectiOn

201.406

Data

Reduction

emission

limitation,

 owner

Su part

s

a

use

a)

 The procedures specified

 in 40 CFR 60

 (1985);

 or where

necessary

b)

 The procedures specified in 40 CFR 51, Appendix P,

paragraph

5

 (1985);

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.

Section 201.407

 Retention of Information

Owners and operators of sources which are subject

 to the

monitoring and recordinc~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 testipj

measurements

Performance

evaluations

Calibration

checks

e)

 Maintenance and adjustments performed

86—502

7

Quarterly

reports

submitted

pursuant

Section

201.405;

and

Data

reduction

information

used

pursuant

Section

201.406.

Section

201.408

Compliance

Schedules

Owners

and

operators

 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.

 The schedule shall provide that monitoring

 and recording

begin with

 18 months of this Subpart being approved 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.

IT

 IS SO ORDERED.

I,

 Dorothy M.

 Gunn, Clerk

 of the Illinois Pollution Control

Board, hereb

 certify that

 e above Order was adopted on

the

_______________

 day ~

 1988 by a vote

~hy~unn,C1eri~~

Illinois Pollution Control Board

86—503